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File 1 of 2 - Parkside Residential Project - Shea Homes - Ad
Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug. 24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) arroFe HUNTINGTON BEACH' SS. LEGAL NOTICE , ORDINANCE NO.3831 COUNTY OF ORANGE ) Adopted ci the 1 City Council on, I JUKE 1.5,2009'- am the Citizen of the United States and a "AN ORDINANCE .OF resident of the County aforesaid; I am over THE.CITY OF MNTING- TON BEACH AMENDING the age of eighteen years, and not a party THE HUNT BEACH ZONING ANNDNGT D t '; to or interested in the below entitled matter. SUBDIVISION ORDI: 1 NANCE (ZONING MAP am a principal clerk of the HUNTINGTON 5(R)AMENDMENT "NO. 96,'� BEACH INDEPENDENT, a newspaper of SYNOPSIS:,, " THIS IS ONE OF FIVE ORDINANCES ADOPTED general circulation, printed and published in BY CITY COUNCIL PER the City of Huntington Beach, County of A REQUEST BY SHEA HOMES (PARKSIDE Orange, State of California, and the RESIDENTIAL PROJECT) AMENDING THE CITY'S f ZONING AND SUBDIVI- attached Notice is a true and complete copy SION,ORDINANCE (MAP AND TEXT) TO IMPLE- as was printed and published on the MENT CHANGES IN AC- NCE WITH. THE following date(s): coal AL ELEMENT LAND USE PLAN, CHANGES',APPROVED IN 2008 BY THE CALIFOR- NIA'COASTAL COMMIS- SION AND CITY OF HUNTINGTON BEACH CITY COUNCIL. THE CHANGES ALLOW FOR LOW DENSITY RESIDEN- I TIAL (26A ACRES)AND June 25 2009 OPEN SPACE CON-, �� SERVAT'I"OW. (23:1 ACRES), USES ON THE- PARKSIDE SITE; ,AND IMPLEMENT POLICY AMENDMENTS ALSO APPROVED IN 2008- THE CHANGES ACHIEVE CONSISTENCY WITH THE 'GENERAL PLAN, .ZONING, .AND THE CITY'S COASTAL ELE- MENT AND IS.CONSIS- declare, under penalty of perjury, that the TENT,WITH GENERAL PLAN POLICIES AND foregoing is true and correct. THE COASTAL ACT.. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at, a regular meeting held June 15, Executed on June 26, 2009 2009 by the following 'roll call vote: at Costa Mesa, California AYES: ,Carchio, Dwyer, Green;Bohr,Coerper ;r NOES.-Hardy ABSTAIN:None ABSENT:Hansen ' THE FULL TEXT OF THE ORDINANCE IS AVAIL- C�-G'!✓✓L? .ABLE IN THE i CITY Si �at�r CLERK'S OFFICE. : y This ordinance is ef- fective 30 days,after adoption.' CITY OF'. HU14TINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 ..! i 714-536=5227' ; JOAN L.FLYNN, CITY CLERK Published Huntington Beach Independent June 25,2009 . 064-777 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug.24, 1994,case A50479. PROOF OF PUBLICATION v CITY OF �T HUNTINGTON BEACH , LEGAL NOTICE" STATE OF CALIFORNIA ) ORDINANCE e 2 Adopted by byth the. CUy Council on JUNE 15,2009 "AN ORDINANCE 'OF' , SS. THE CITY OF-HUNTING-� TON'BEACH AMENDING'; COUNTY OF ORANGE ) CHAPTER 210 OF THE HUNTINGTON BEACH I ZONING CODE RELAT i ING TO RESIDENTIAL am the Citizen of the United States and a SSYNOPs S.' resident of the County aforesaid; I am over THIS A ONE DO FIVE � (ORDINANCES ADOPTED; ; the age of eighteen ears, and not a art }}A ' EQUESOUNCIL PER g g y party IA "REQUEST BY SHEA' (HOMES (P.ARKSIDE to or Interested In the below entitled matter, I RESIDENTIAL PROJECT), 'AMENDING THE CITY'S I am a principal clerk of the HUNTINGTON (ZONING AND SUBDIVI- BEACH INDEPENDENT, a newspaper of SAND TEXSONDT)TOEMP E- ' MENT CHANGES.IN AC- general circulation, printed and published in CORDANCE WITH THE COASthe City of Huntington Beach, County of `LANDTAUSE -PLELMAN, CHANGES.APPROVED IN Orange, State of California, and the �2008 BY THE CALIFOR- NIA COASTAL COMMIS'- attached Notice is a true and complete copy SON AND CITY OF HUNTINGTON. BEACH as was printed and published on the CITY .COUNCIL. THE CHANGES ALLOW FOR following date(s): LOW DENSITY ESIDEW TIAL'(26.4 ACRES)AND OPEN. SPACE CON- SERVATION '(23.1 ACRES),-USES,ON THE PARKSIDE.SITE, AND, IMPLEMENT 'POLICY" AMENDMENTS ALSO APPROVED IN '2008. THE CHANGES ACHIEVE CONSISTENCY WITHTHE,�GENERAL PLAN, June 25, 2009 iZONING, AND HEM CITY'S COASTAL ELE- MENT AND IS'CONSIS TENT WITH' GENERAL 'PLAN' POLICIES AND THE COASTAL ACT. (PASSED 'AND ADOPTED by the,City Council of the City,of Huntington 1; Beach at a regular,, meeting held June 15, 2009 by the following 1 declare, under penalty of perjury, that the roll call'vote: . AYES: Carchio, ,Dwyer, foregoing is true and correct. Green„Bohr,Coerper NOES:'Hardy,. ABSTAIN:None ABSENT:Hansen THE FULL TEXT OF THE ORDINANCE IS AVAIL- Executed on June 26, 2009 ABLE IN THE CITY CLERK'S OFFICE. at Costa Mesa, California This ordinance is:ef- fective 30 days,after' adoption. CITY.OF HUNYING79N BEACH j / 2000 MAIN STREET HUNTINGTON CA 92648E ',f Si natUr 714-536-5227 g JOAN L.FLYNN, CITY CLERK Published Huntington j Beach Independent June:.. 251 2009 . 0647778 j Huntington Beach Independent has been adiudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug. 24, 1994,case A50479. V PROOF OF CITY OF PUBLICATION HUNTINGTONBEACH )) LEGAL NOTICE 1 ORDINANCE NO.3833! Adopted by the j STATE OF CALIFORNIA ) �City-ORDICounciNANCE E Oil JU_NE 15;2009 AN ORDINANCE. OF' I THE-CITY OF HUNTING-� SS TON BEACH AMENDING • I CHAPTER 216 OF THE COUNTY OF ORANGE ) ZONINGHUNTI GTON BE 1 ZONING CODE. RELAT- ING TO COASTAL CON- SERVATION DISTRICT SYNOPSIS: am the Citizen of the United States and a THIS IS;ONE OF' FIVE I ORDINANCES .ADOPTED, resident of the Count aforesaid; I am over BY CITY COUNCIL'PER y A. REQUEST. BY SHEA the age of eighteen ears and not a art HOMES (PARKSIDE g g y party ,RESIDENTIAL PROJECT)I to or interested in the below entitled matter. ZONING A THE'BDIVS ZONING AND SUBDIVI- I am a clerk of the HUNTINGTON SION ORDINANCE (MAP' principal ,AND. TEXT) TO.IMPLE-; MENTBEACH INDEPENDENT, a newspaper of CORDANCENWTHNT THE general circulation, printed and published in LANDTAUSE L PLIANT CHANGEAPPROVED N the City of Huntington Beach, County of 2008 BYSTHE CALIFOR- NIA - Orange, State of California, and the SION ANDCIO. TY CH attached Notice is a true and complete copy CITY. COUNCIL. THE as was rinted and r�ublished on the CHANGES ALLOW FOR P N LOW DENSITY RESIDE �I- TIAL (26.4 ACRES)Al following date(s): OPEN SPACE - CON- SERVATION (23.1 ACRES), USES ON THE PARKSIDE SITE, AND. IMPLEMENT POLICY AMENDMENTS ALSO APPROVED 'IN 2008. THE CHANGES ACHIEVE CONSISTENCY WITH THE GENERAL PLAN; ZONING, "AND THE June 25, 2009 MENT AND IS CONSS-. TENT WITH GENERAL PLAN POLICIES AND THE COASTAL ACT. ` PASSED AND ADOPTED by the_City Council of. the City of,Huntington !.Beach.. at a regular meeting held June 15, 2009 by'the following roll call vote: declare, under penalty of perjury, that the AYES: Carchio, Dwyer;Green, Bohr, Coerper, Hardy.' foregoing is true and correct. NOES:None,` ABSTAIN:None ABSENT:Hansen THE FULL TEXT OF THE ORDINANCE IS AVAIL- ,.ABLE IN THE Executed on June 26, 2009 CLERK'S OFFICE. CITY This ordinance.is of at Costa Mesa, California fective 30 days,after' -adpptlone CITY OF HUNTINGTON BEACH ` 2000 MAIN STREET HUNTIN BEACH; CA 926 92648 ' 714-536-5227 Signa" JOAN L.FLYNN, I e i CITY CLERK Published Huntington ;.Beachlndependent.lune, 25,2009 064-779, I Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California,under date of Aug. 24, 1994, case A50479. PROOF OF PUBLICATION CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA ) ORDI� E . NAANNCCEE NO..3834 Adopted by the City Council on SS. JUNE 15,2000 "AN.ORDINANCE OF THE s COUNTY OF ORANGE ) CITY OF AMENDING.' G ' BEACH AMENNG:; CHAPTER 221 OF THE W States BEACH I am the Citizen of the United States and a INGING TO THEDECOASTAL resident of the County aforesaid; I am over ZONE. -OVERLAY.',DIS- SYNOPSIS: the age of eighteen years, and not a party THIS.IS ONE OF FIVE. to or interested in the below entitled matter. ORDINACIT CCSUNDOPTED ,BYam a principal clerk of the HUNTINGTON CIL PER HOMeS.-�PARKSIDE BEACH INDEPENDENT, a newspaper of AMENDIJNGATHE OCJTY'ECTS ' AND SUBDIVI-1 general circulation, printed and published in SONINORDINANCE (MAP AND:TEXT) TO IMPLE- the City of Huntington Beach, County of MENT.CHANGES IN AC CORDANCE WITH THE,! Orange, State of California, and the COASTAL. ELEMENTi LAND., USE PLAN,. attached Notice is a true and complete copy CHANGES'APPROVED INI BY THE CALIFOR-1 as was printed and published on the NIIAgCOASTAL COMM S- SION ANDOF HUN- following date(s). TINGTON:BIEACH TY CITY! C.0UNCIL•. •THE' CHANGES ALLOW FORt LOW DENSITY RESIDEN TIAU(26A.ACRES)AND; OPEN SPACE-'CONSER-I VATION (23.1 ACRES),` USES ON THE PARKSIDE SITE, AND IMPLEMENT! POLICY AMENDMENTS ALSO APPROVED IN 2008. THE CHANGES June 25, 2009 ACHIEVE CONSISTENCY WITH THE -GENERAL PLAN, ZONING, AND THE CITY'S COASTAL ELEMENT AND IS CON- SISTENT WITH GENERAL PL'AN'..POLICIES AND THE'COASTAL ACT. PASSED AND''ADOPTED by the City Council of the.City of Huntington' Beach at a .regular declare, under penalty of perjury, that the meeting held June 15, 2009 by'.the following foregoing is true and correct. roll call vote: AYES: Carchio;'Dwyer, Green, Bohr, Coerper,; Hardy NOES:None ABSTAIN:None j Executed on June 26, 2009 ABSENT:Hansen at Costa Mesa, California THE FULL TE-IS A THE ' ORDINANCE-IS AVAIL- ABLE .IN THE MIT CLERK'S OFFICE. This ordinance. Is: of- fecti4e.30.days after / adoption. . . ' J � CITY OF HUNTINGTON BEACH 2000 MAIN STREET ' Slgnat HUNTINGTON BEACH, "CA 92648 j 714-536-5227. JOAN L.FLYNN, .1. Published, Huntington! Beach,lndependent Junel , 25,2009 064-780 CITY CLERK Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California,under date of Aug. 24, 1994,case A50479. PROOF OF PUBLICATION CITY Of '__ - HUNTINGTON BEACH ' STATE OF CALIFORNIA ) -DANCE O. ORDINNCEN3835 Adopted by the; SS. City Council on JUNE.15,2009, .- COUNTY OF ORANGE ) "AN ORDINANCE OF THE CITY OF HUNTINGTON .BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON. BEACH. am the Citizen of,the United States and a ZONING CODE RELAT- ING' TO SITE "STAN- resident of the County aforesaid; I am over DARDS" SYNOPSIS: the age of eighteen years, and not a party THIS IS ONE OF FIVE ORDINANCES' ADOPTED . to or interested in the below entitled matter. BY CITY COUNCIL.PER A REQUEST.BY--SHEA I am a principal clerk of the HUNTINGTONHOMES' (PARKSIDE RESIDENTIAL PROJECT). BEACH INDEPENDENT, a newspaper of AMENDING THE SUBDIVI- SION ZONING AND SUBDIVI- general circulation, printed and published in SAND ORDINANCE (MAP �+ AND TEXT)'.TO IMPLE- MENT City of Huntington Beach, Count of CORD CHANGES IN,A E y CORDANCE,WITH THE Orange, State of California, and the COASTAL ELEMENT LAND USE PLAN, ', attached Notice is a true and com lete co CHANGES APPROVED IN p pY 2008 BY THE CALIFOR- as was rinted and ublished on the NIA COASTAL COMMIS- p p $ION AND CITY OF HUN- , following date(s): TINGTON BEACH CITY: CO.UNCIL .,. TH.E CHANGES ALLOW FOR LOW DENSITY RESIDEN-. T,IAL (26.4 ACRES) AND OPEN SPACE CONSER:,I VATION (23.1 .ACRES),: :USES ON THE PARKSIDE SITE, qND IMPLEMENT' POLICY AMENDMENTS .ALSO,, APPROVED ;IN 2008. THE CHANGES June 25, 2009 ACHIEVE, CONSISTENCY WITH :THE GENERAL PLAN, ZONING, AND , THE CITY'S COASTAL: ELEMENT AND IS CON- SISTENT WITH GENERAL PLAN POLICIES AND THE COASTAL ACT. PASSED AND ADOPTED by the City.,Council of I the City of Huntington, Beach at,a, regular meeting held'June 15, declare, under penalty of perjury, that the 12009 by -the following foregoing is true and correct. roll call vote:' AYES:'Carcnio, Dwyer, Green,. Bohr, Coerp'er, 1 Hardy NOES:None I ABSTAIN:None' Executed on June 26, 2009 THE FULL TEXTnOF THE at Costa Mesa, California iABLD I EN N, THEACITY j CLERK'S OFFICE: ' This ordinance is ef- Ifective 30,days after I adoption. CITY OF . ,HUNTINGTON BEACH. 2000 MAIN STREET:. Signat e I HUNTINGTON BEACH, I CA 92648, i 714-536-5227 JOAN'L.LFLYNN, < 1 CITY CLERK Published, Huntington Beach Independent June 25,2009 .064-781 , City ®f Huntington Beach 2000 Main Street a Huntington Beach, CA 92648 s OFFICE OF THE CITY CLERK ® JOAN L. FLYNN CITY CLERK NOTICE OF ACTION June 10, 2009 A. Richard Fitch, Jr. Hunsaker&Associates 3 Hughes Irvine, CA 92618 SUBJECT: General Plan Amendment 98-1(R); Zoning Map Amendment No. 96- 5 R with findings; Zoning Text Amendment No. 09-05 with findings; and Local Coastal Program Amendment(LCPA) No. 09-01 with findings (Parkside Residential Project) REQUEST: Request: GPA: To revise previously approved GPA No. 98-01 to redesignate 23.1 acres of RL-7 (Residential Low Density) and OS-P (Open Space-Park) property to OS-C (Open Space—Conservation) and to amend the Land Use Element by adding Subarea 4K on the Huntington Beach Sub-Area map and adding Subarea 4K to the Community District and Subarea Schedule. ZMA: To revise previously approved ZMA No. 96-05 to rezone approximately 19.4 acres of RL (Low Density Residential) and OS-PR (Open Space-Park and Recreation Subdistrict) property to CC (Coastal Conservation). ZTA: To amend the City of Huntington Beach Zoning and Subdivision Ordinance as follows: A) Amend Chapter 210 to reference the Subarea 4K requirements; B) Amend Chapter 216 to reference the Subarea 4K requirements and add additional performance standards for CC areas throughout the coastal zone; C) Amend Chapter 221 to add a new section for Resource Protection Requirements for New Development and add a phasing requirement; and D) Amend Chapter 230 to incorporate a reference to the requirement to comply with federal, state, regional and local water quality regulations. LCPA: To amend the City's Local Coastal Program and Implementation Program in accordance with the ZMA and ZTA and forward to the California Coastal Commission for certification. APPLICANT: A. Richard Fitch, Jr. Hunsaker & Associates 3 Hughes, Irvine, CA 92618 Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone:714-536-5227) LOCATION: 17301 Graham Street, (west side of Graham Street, south of Kenilworth Drive, adjacent to the East Garden Grove —Wintersburg Channel) DATE OF ACTION: June 1, 2009 On Monday, June 1, 2009 the City Council of the City of Huntington Beach took action on your application and approved the Staff Recommendation for General Plan Amendment No. 98-1(R), Zoning Map Amendment No. 96-5(R), Zoning Text Amendment No. 09-05 and Local Coastal Program Amendment No. 09-01 with Findings and Conditions of Approval (attached). This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. The Local Coastal Program Amendment will be forwarded to the California Coastal Commission for future action. South Coast Area Office California Coastal Commission 200 Oceangate, 10th Floor Long Beach, CA 90802-4302 Attn: Theresa Henry (562) 570-5071 If you have any questions, please contact Scott Hess, Director of Planning at (714) 536- 5271. Sincerely, tan Flynn, CMC City Clerk Enclosure: Findings and Conditions of Approval Action Agenda pages 3 through 5 Executed Resolution Nos. 2009-27 and 2009-28 Draft Ordinances Nos. 3831, 3832, 3833, 3834, 3835 c: Scott Hess, Director of Planning Mary Beth Broeren, Principal Planner Rami Talleh, Senior Planner FINDINGS FOR APPROVAL ZONING MAP AMENDMENT NO. 96-5(R) FINDINGS FOR APPROVAL -ZONING MAP AMENDMENT NO. 96-5(R): 1. Zoning Map Amendment No. 96-5(R) represents a change to the Huntington Beach Zoning Map (District Map#33) as follows: - Designate approximately 26.4 acres of the subject site to RL-FP2-CZ (Low Density Residential-Floodplain-Coastal Zone); - Designate approximately 23.1 acres of the subject site to CC (Coastal Conservation). These changes amend the City's 2002 approval of Zoning Map Amendment No. 96- 5A and 5B by decreasing the area designated for residential development by approximately 11 acres, removing the Open Space-Parks and Recreation designation from approximately 8.4 acres and increasing the Coastal Conservation designated area by approximately 19.4 acres. The changes to the zoning map are consistent with the goals, objectives, and land use policies of the General Plan and Local Coastal Program. The proposed changes are consistent with General Plan Amendment No. 98-1(R), which is being processed concurrently and the Local Coastal Program Land Use Plan, as modified in 2008. The land uses in the surrounding area are consistent with the proposed changes in zoning because the surrounding land uses are low density residential and open space. As discussed in the environmental record for this project, there will be appropriate infrastructure and services available to support the proposed development. 2. In the case of a general land use provision, the zoning map amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The changes proposed would be compatible with the uses in the vicinity, which are primarily low density residential. 3. A community need is demonstrated for the change proposed. The changes would accommodate the need and opportunities for housing while expanding the amount of passive and active recreation area, as well as coastal conservation area, consistent with the City's General Plan and Local Coastal Program. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning map amendment provides compatible land uses, and passive and active public park space to serve the existing community. FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 09-05 FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 09-05: 1. Zoning Text Amendment No. 09-05 amends Chapter 210 (Residential Districts) to add a reference to the project development requirements for the Parkside site; amends Chapter 216 (Coastal Conservation District) to add a reference to the project development requirements for the Parkside site and add performance standards applicable throughout the coastal zone; amends Chapter 221 (Coastal Zone Overlay District) to add a new section for resource protection requirements and a phasing requirement for the entire coastal zone; and amends Chapter 230 (Site Standards) to add a reference to water quality regulations. These changes are consistent with the goals, objectives, and policies of the General Plan and Local Coastal Program, and specifically implement changes to the Coastal Element approved by the City in 2008. The amendments strengthen the protection of environmental resources in the coastal zone and reference the development requirements particular to the Parkside site are articulated in the Coastal Element. 2. In the case of a general land use provision, the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning districts for which it is proposed. The majority of the changes do not affect zoning of any property by altering density or development standards and therefore do not affect the compatibility of uses allowed and established by the General Plan and Local Coastal Program. The changes proposed relative to the Parkside site implement the land use plan of the Local Coastal Program and are therefore compatible with the uses allowed and established. 3. A community need is demonstrated for the proposed zoning text amendment to further strengthen environmental resource protection. The changes would require projects adjacent to environmental resources to implement additional measures to minimize impacts to those resources. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning text amendment implements the approved land use plan for the Parkside site and provides for added protection for environmental resources. FINDINGS FOR APPROVAL LOCAL COASTAL PROGRAM AMENDMENT NO. 09-01 FINDINGS FOR APPROVAL— LOCAL COASTAL PROGRAM AMENDMENT NO. 09- 01: 1. Local Coastal Program Amendment No. 09-01 amends the City's certified Local Coastal Program (Land Use Plan and Implementing Ordinances) in accord with Zoning Text Amendment No. 09-05 and Zoning Map Amendment No. 96-5(R) and is consistent with the Land Use Plan and goals and policies of the General Plan and Local Coastal Program. 2. Local Coastal Program Amendment No. 09-01 is in accordance with the policies, standards and provisions of the California Coastal Act relative to residential development, land resources and public access. The Local Coastal Program Amendment promotes the City's Local Coastal Program goals and policies by allowing low density residential uses, open space areas, and coastal conservation opportunities. 3. The development conforms with the public access and public recreation policies of Chapter 2 of the California Coastal Act. The Zoning Map Amendment expands the amount of open space and conservation areas that will allow for the restoration, preservation and protection of wetlands, buffers and environmentally sensitive habitat area, including trails and park space. The Zoning Text Amendment implements requirements of providing public access amenities and plans for the Parkside site and requiring phasing of public access and recreation improvements with all new development. RESOLUTION NO. 2009-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING GENERAL PLAN AMENDMENT NO. 98-1(R) WHEREAS, General Plan Amendment No. 98-1(R) proposes to amend the Land Use Plan by designating 23.1 acres of real property on the west side of Graham Street, south of Kenilworth Drive, as more particularly described on Exhibits "A" and "B" attached hereto, from RL-7 (Low Density Residential-maximum 7 units per acre) and OS-P (Open Space-Park) to OS-C (Open Space-Conservation); and General Plan Amendment No. 98-1(R) also proposes to amend the Land Use Element by adding Sub Area 4K, which encompasses the subject property on the Huntington Beach Sub-Area map (Figure LU-6) and adding Sub-Area 4K to the Community District and Subarea Schedule (Table LU-4), as more particularly described on Exhibits "E" and "F" attached hereto; and In 2002, pursuant to California Government Code,the City Council of the City of Huntington Beach approved General Plan Amendment No. 98-1 and now deems it necessary to revise that approval; and Pursuant to California Government Code, the City Council of the City of Huntington Beach, after notice daily given,_held a public hearing to consider General Plan Amendment No. 98-1(R); and The City Council finds that said General Plan Amendment No. 98-1(R) is necessary for the changing needs and orderly development of the community, and is necessary to accomplish refinement of the General Plan and is consistent �,vitli other elements of the General Plan- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1_ That the real property that is the subject of this Resolution (hereinafter referred to as the '`Subject Property") is generally located on the west side of Graham Street, south of Kenilworth Drive, and adjacent to the East Garden Grove Wintersburg Flood Control Channel in the City of Huntington Beach, and is more particularly described in the legal description and sketch hereto as Exhibits and --D" and incorporated by this reference as though fully set forth herein_ SECTION 2: That General Plan Amendment No. 98-1, which amends the General Plan Designation for a portion of tke Subject Property from Low Density Residential and Open Space-Park to Open Space Conservation (Exhibits '-A" and AV); and amends the Land Use Element by adding Sub Area 4K (Exhibits "E" and --F"), is hereby approved_ 09-1961 001-33785 1 Resolution No. 2009-27 Resolution No.2009-27 i EXHIBIT"A" LEGAL DESCRIPTION i ' 44°06'28"; thence non-tangent from said curve North 4°27'59" East 48.01 feet to a tangent curve concave westerly having a radius of 100.00 feet; thence northerly 34.65 feet along said curve through a central angle of 19"5F13" to a reverse curve concave easterly having a radius of 67.00 feet; thence northerly 18.47 feet along said curve through a central angle of 15"47'37"; thence tangent from said curve North 0°24'23" East 111.22 feet to the northerly boundary of said Grant Deed; thence along the northerly, westerly and southeasterly boundaries thereof the following ten courses: North 89'35'37" West 668.91 feet, South 0°10'28" West 1120.24 feet, South 89'58'29" West 155.96 feet, South 32°53'40" West 47.24 feet, South 44°49'13"West 172.30 feet, South 57'36'54"West 150.89 feet, South 29'37'51" West 37.58 feet, South 18007'10" West 231.15 feet, South 26°19'31" East 95.04 feet and North 63'40'29" East 1071.59 feet to the.Point of Beginning. Containing an area of 23.1 12 acres, more or less_ As shown on Exhibit "B" attached hereto and by this reference made a part hereof. LAND Sv�GF Lisa K.Gaston Lisa K_ Gaston, L_S. No. 8299 No.8299 License Expires: December 31, 2009 J, Exp.12/31/09 Date: �_ FOF CA�1F0 Revised: October 28, 2008 'lrrnl� 00 Page 2 of 2 WO No. 61-15377CX H&A Legal No. 5113 By: L.Gastonik.vo Checked By R.bVilliamsljl Resolution No. 2009-27 EXHIBIT "B" Sketch to Accompany Legal Description N89°35 37'W N89°35"3T"W 2182-64'> ' - N00° , N' �ro N74°36'46"E C9 RAD PRC`'--__-- z; C8-__, N04°27'59"E 48.01=;`- 7 - N 4=44°06'28" o - - R=165.00' L=127.02'-_'" A=22°48'42" o 3 R=100.00' L=39.81'_ zN N N72°50'25"W J' CJTY OF HUNTJNGTON _ RAD P ---RC BEACH BOUNDARY N23°43'56_E CURVE TABLE - RAD PRC J CURVE DELTA RADIUS LENGTH S50°08 09"E o o J ---------- C7 43°49'57" 150.00' 114-75' RAD(R-15fl") o --- R CUR 1250.00' 119.12' Q _ N67'29'13"W C3 56°4223" 115.00' 113.82' o� z RAD(R=110') _ C4 58°12'i0 75.00 76.19a p CS 14°42'36'" 400.00' 102.70' j m `:'` =..` - c C6 28°27'58" 110.00' 54.65' m a G5 C7 83°25'39" 10.00' 14.56' 1-1-1 uj m G� C8 19°51'13" 100.00' 34.65' o z z AREA = 2�112 ACRES C9 15°47'37" 67.00' —1&47" ¢o 0 cr- z 0�_ 155-96' Q- 0 ir— t OV �Q NrQ + � S32°53"40W" e a 47.24'- 449'1 �P 17z3U' ,900213- ARV, A- gEpR\N6 _ Gfl�\ ~ 0� S OF ' AyGE O Q- �o h' 3 46 21) 61- %%'✓ v C-. HUN SAKE R & ASSOCIATES SHEA HOMES PARKSIDE ESTATES ®. I R B I N E I N G , OPEN SPACE - CONSERVATION PARCEL PLANNING ° ERING 7 SURVEYING Thee Hugt es • Icii— CA 97 Phi(449)583-10 0 Fx 4 )S8.3•0759 IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA Dare 10-16-00 0 1= 10-28-0��-F�B erc K.VO By CK*° R. WILLIAMS SCALE: 1"=200' W.O. 61-15377CX 1: MWD—SH 1d�51 13�E -dw H&A LEGAL No. 5113 SHEET 1 OF 1 Resolution No. 2009-27 EXHIBIT"C" LEGAL DESCRIPTION In the City of Huntington Beach, County of Orange, State of California, being that portion of Parcel "A" as described in a Grant Deed recorded September 19, 1996 as Instrument No. 19960479182 of Official Records of said County described as follows: Beginning at a point on the southeasterly boundary of said Parcel "A", lying South 63°40'29" West 1900.27 feet from the southeast corner thereof; thence North 26°19'31" West 301.91 feet to a non-tangent curve concave northerly having a radius of 150.00 feet, a radial line to the beginning of said curve bears South 12°33'55" West; thence easterly 114.75 feet along said curve through a central angle of 43'49'57" to a reverse curve concave southeasterly having a radius of 1250.00 feet; thence northeasterly 119.12 feet along said curve through a central angle of 5'27'36" to a reverse curve concave northwesterly having a radius of 115.00 feet; thence northeasterly 113.82 feet along said curve through a central angle of 56°42'23" to a reverse curve concave southeasterly having a radius of 75.00 feet; thence northeasterly 76.19 feet along said curve through a central angle of 58'12'10" to a reverse curve concave northwesterly having a radius of 400.00 feet; thence northeasterly 102.70 feet along said curve through a central angle of 14'42'36" to a compound curve concave northwesterly having a radius of 110.00 feet; thence northeasterly 54.65 feet along said curve through a central angle of 28'27'58" to a non-tangent curve concave westerly having a radius of 150.00 feet, a radial line to the beginning of said curve bears South 50°08'09" East; thence northerly 277.85 feet along said curve through a central angle of 106°07'55" to a reverse curve concave northeasterly having a radius of 10.00 feet; thence northwesterly 14.56 feet along said curve through a central angle of 83°25'39" to a reverse curve concave westerly having a radius of 100.00 feet; thence northerly 39.81 feet along said curve through a central angle of 22°48'42"; thence tangent from said curve North 5°39'07" West 24.52 feet to a tangent curve concave southwesterly having a radius of 165.00 feet; thence northwesterly 127.02 feet along said curve through a central angle of 44°06'28"; thence non- tangent from said curve North 4"7'59" East 48.01 feet to a tangent curve concave westerly having a radius of 100.00 feet; thence northerly 34.65 feet along said curve through a central angle of 19°51'13" to a reverse curve concave easterly having a radius of 67.00 feet; thence Revised: October 28, 2008 June 20,2008 Page 1 of 2 WO No.61-15377CX H8 A Legal No. 7173 By: LG/K.V o Checked By R_Williams/ji Resolution No. 2009-27 Resolution No. 2009-27 Resolution No.2009-27 COASTAL ELEMENT COIVIM[UNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued) - t Subarea Characteristic Standards and Principles 4K Design and Public vista point with views toward the Bolsa Chica and ocean 1 (Cont.on next Development consistent with Coastal Element policies C 4.1.3,C 4.2.1,and C 4.2.3. } page) All streets shall be ungated,public streets available to the general public for parking, vehicular, pedestrian, and bicycle access. All public entry controls (e.g. gates, gate/guard houses, guards, signage, etc.) and % restrictions on use by the general public (e.g. preferential parking districts,resident-only parking periods/permits,etc.)associated with any streets or parking areas shall be prohibited. • Public access trails to the Class 1 Bikeway, open space and to and within the subdivision, connecting with trails to the Bolsa Chica area and beach beyond. c Public access signage. • When privacy walls associated with residential development are located adjacent to public areas they shall be placed on the private property, and visual impacts created by the walls shall be minimized through measures such as open fencing/wall design, landscaped screening, use of an undulating or off-set wall footprint, or decorative wall features (such as artistic imprints,etc.),or a combination of these measures. 2. Habitat Management Plan for all ESHA, wetland, and buffer areas designated Open Space-Conservation that provides for their restoration and perpetual conservation and management. Issues to be addressed include, but 1 are not limited to,methods to assure continuance of a water source to feed all wetland areas, enhancement of habitats and required buffer areas, restoration j and enhancement of wetlands and environmentally sensitive habitats and required buffer areas, and fuel modification requirements to address fire hazard and avoid disruption of habitat values in buffers. 3. Archaeological Research Design consistent with Policies C 5.1.1, C 5.1.2,C 5.1.3,C 5.1.4,and C 5.1.5 of this Coastal Element. 4. Water Quality Management Program consistent with the Water and ' Marine Resources policies of this Coastal Element. If development of the parcel creates significant amounts of directly connected iunpervious surface (more than 10%)or increases the volume and velocity of runoff from the site to adjacent coastal waters, the development shall include a treatment control . BMP or suite of BMPs that will eliminate, or minimize to the maximum extent practicable, dry weather flow generated by site development to 1 adjacent coastal waters and treat runoff from at least the 85 h percentile storm event based on the design criteria of the California Association of t Stormwater Agencies (CASQA) BMP handbooks, with at (east a 24 hour detention time. Natural Treatment Systems such as wetland detention ? systems are preferred since they provide additional habitat benefits, reliability and aesthetic values. 5. Pest Management Plan that, at a minimum, prohibits the use of rodenticides, and restricts the use of pesticides, and herbicides in outdoor ` areas,except necessary Vector Control conducted by the City or County. THE CITY OF HUNTINGTON BEACH GENERAL PLAN Resolution No. 2009-27 COASTAL ELEMENT COMMUNITY DISTRICT AND SUBAREA SCHEDULE ..,__.T BLE C-2 continue ` ' Subarea Characteristic Standards and Principles 4K Design and Wetland Buffer Area: w (Cont.on next Development A buffer area is required along the perimeter of wetlands to provide a page) separation between development impacts and habitat areas and to function as transitional habitat. The buffer shall be of sufficient size to ensure the biological integrity and preservation of the wetland the buffer is designed to e protect. A minimum buffer width of 100 feet shall be established._ ` Uses allowed within the wetland buffer are limited to: 1)those uses allowed within wetlands per Coastal Element Policy C 6.1.20; { 2) a vegetated flood protection levee is a potential allowable use if, due to siting and design constraints, location in the wetland buffer is unavoidable, and the levee is the most protective of coastal resources including wetland and ESHA; g 3) No active park uses (e.g. tot lots, playing fields, picnic tables, bike paths, etc_) shall be allowed within 100 feet of wetlands preserved in the Open Space-Conservation area. {' i B. Environmentally Sensitive Habitat Areas: Only uses dependent on the resource shall be allowed. Environmentally Sensitive Habitat Areas(ESHA)Buffer Areas: A variable width buffer area is required along the perimeter of the ESHA and ?'J is required to be of sufficient size to ensure the biological integrity and preservation of the ESHA the buffer is designed to protect. A minimum buffer width of 297 to 650 feet shall be established between all , residential development or active park use and raptor habitat within the . eucalyptus groves. Uses allowed within the ESHA buffer are limited to: 1) uses dependent on the resource; 2)wetland and upland habitat restoration and management; 3) vegetated flood protection levee that is the most protective of coastal resources including wetland and ESHA; 4) ,vithin the northern grove ESHA buffer only - passive park use may be allowed if it is more than 150 feet from the ESHA, but only when it is outside all wetland and wetland buffer areas, and does not include any uses ' r that would be disruptive to the ESHA. Uses allowed within the passive park areas shall be limited to: i a) nature trails and benches for passive recreation, education, and nature study; b) habitat enhancement,restoration,creation and management_ THE CITY OF HUNTINGTON BEACH GENERAL, PLAN W-C-43 Resolution No. 2009-27 Res. No. 2009-27 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L_ FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven-, that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 1, 2009 by the following vote: AYES: Carchio, Dwyer, Bohr, Coerper, Hansen NOES: Hardy ABSENT: Green ABSTAIN: None p Cit Jerk and ex-officio erk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 2009-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 09-01 TO AMEND THE LOCAL COASTAL PROGRAM IMPLEMENTING ORDINANCES TO REFLECT ZONING MAP AMENDMENT NO. 96-5(R) AMENDING THE ZONING FOR THE REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF GRAHAM STREET, SOUTH OF KENILWORTH DRIVE AND ZONING TEXT AMENDMENT NO. 09-05 AMENDING CHAPTERS 210, 216, 221, AND 230 OF THE ZONING SUBDIVISION ORDINANCE AND REQUESTING CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, the City Council, after giving notice as prescribed by law, held at least one public hearing on the proposed Huntington Beach Local Coastal Program Amendment No. 09-01, and the City Council finds that the proposed amendment is consistent with the Huntington Beach General Plan, the Certified Huntington Beach Local Coastal Program (including the Land Use Plan), and Chapter 6 of the California Coastal Act; The City Council of the City of Huntington Beach intends to implement the Local Coastal Program in a manner fully consistent with the California Coastal Act. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1: That the real property that is the subject of this Resolution is bounded by Graham Street, the East Garden Grove-Wintersburg Flood Control Channel, unincorporated Bolsa Chica, and single-family homes along Kenilworth Drive, and consists of approximately 49.5 acres within the City of Huntington Beach, which includes the approximate 40-acre Area of Deferred Certification (Exhibit A). SECTION 2: That the Huntington Beach Local Coastal Program Amendment No_ 09-001, consisting of Zoning Map Amendment No. 96-5 and Zoning Text Amendment No. 09-05, a copy of which is attached hereto as Exhibits B and C, and incorporated by this reference as though fully set forth herein, is hereby approved. SECTION 3: That the Huntington Beach Local Coastal Program Implementing Ordinances for the Subject Property is hereby changed from the Area of Deferred Certification to CC (Coastal Conservation) —approximately 23.t acres and RL(Low Density Residential)—approximately 26.4 acres (Exhibit D)_ SECTION 4: That the California Coastal Commission is hereby requested to consider, approve, and certify Huntington Beach Local Coastal Program Amendment No. 09-01. 09-1961.001/33783 1 Resolution No. 2009-28 SECTION 5: That pursuant to Section 13551(b) of the Coastal Commission Regulations, Huntington Beach Local Coastal Program Amendment No. 09-01 will take effect automatically upon Coastal Commission approval, as provided in Public Resources Code Sections 30512, 30513 and 30519. PASSED AND ADOPTED by the City Council of the City Huntington Beach at a regular meeting thereof held on the 1st day of June , 2009. Mayor ATTEST: _-A-"I'ROVED AS TO FORM: Qmio C Clerk Ci y Attorney j REVIE APPROVED: INITI4DD . PPROVED: Cityd i istrator Direc oing EXHIBITS A. Vicinity Map. B. Zoning Map Amendment No. 96-5(R). C. Zoning Text Amendment No. 09-05. D. New Zoning Map 09-1961.001/3 3783 2 Resolution No. 2009-28 Res_ No_ Resolution No. 2009-28 EXHIBIT PLANNING ¢� SECTIONAL DISTRICT MAP 28-5-11 -- _` CITY OF HUNTINGTON BEACH ORANGE COU TY, CALIFORNIA USE OF PROPERTY MAP �°1• t�tC�TZ�t� 1} WARNER Arc� L ei 01Ri00 OR r mo— RCR � � s t aR� SUBJECT PROPERTY �!� v EYROY p '-_'S_iJf=___w-_ tip_ �VfLWOA TH 1 `�� \ Y 1 • 1 rt K 1 - AA of Jr� T0.9taG Oft .- ` CF—E an� -00011' )`x �; 1 al.. lr 11 000, PRICE OR_ Ok O� I 1 1 d ii 1 i_ 1 1 1 _ i�r �1• PI.��V CR. P° CY-R^CZ I-..a c.i 1 OR, 3 y J 11 � - u 3 i 7 VICINITY MAP ?,In Z- Resolution No. 2009-28 Exhibit B reflects Attachment No. 3 (ZMA 96-5(R)) Of this RCA dated. June l , 2009 ZEX'�5t/e/ �-sor_._rc.,-�o•J �009- � ORDINANCE, NO. 3831 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE FR NTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING MAP AMENDMENT NO. 96-5(R) WHEREAS, pursuant to the State Planning and Zoning Law, the Huntington Beach City Council has held a public hearing relative to Zoning Map Amendment No. 96-5(R), wherein it has carefully considered all information presented at said hearing, and after due consideration of the findings and all evidence presented to said City Council, the City Council finds that such zone change is proper, and consistent with the General Plan. WHEREAS, the City Council of the City of Huntington Beach held a public hearing relative to Zoning Map Amendment No. 96-5A on October 21, 2002 changing the base district for approximately 40 acres of real property on the subject site from RL (Low Density Residential) and RL-FP2 (Low Density Residential with a Flood Plain Overlay District) to add the Coastal Zone Overlay District (-CZ) and changing the zoning designation on approximately 8.2 acres of real property on the subject site from RA (Residential Agricultural District) and RL (Low Density Residential District) to OS-PR (Open Space —Park & Recreation Subdistrict). WHEREAS, the City Council of the City of Huntington Beach held a public hearing relative to Zoning Map Amendment No_ 96-511 on October 21, 2002 prezoning approximately 1.6 acres of real property on the subject site previously under county jurisdiction as RL-FP2-CZ(Low Residential District with Floodplain and Coastal Zone Overlay District) and prezoning approximately 3.3 acres of real property on the subject site previously under county jurisdiction as CC-FP2-CZ (Coastal Conservation with Floodplain and Coastal Zone Overlay Districts). NOW, THEREFORE, the City Council of the City of Huntington Beach does herebv ordain as follows: SECTION 1. The approximatety 19.4 acres of real property generally- located on the west side of Graham Street, north of the East Garden Grove-Wintersburg Channel and 1500 feet south of Warner Avenue as more particularly described in the legal description and sketch collectively attached hereto as Exhibits "A" and "B" and incorporated by reference as though fully set forth herein is hereby changed from RL ( Low Density Residential District) and OS-PR (Open Space — Park and Recreation Subdistrict) to CC (Coastal Conservation District). SECTION 2. That the Director of Planning is hereby directed to amend Sectional District Map 33 of the Huntington Beach Zoning and Subdivision Ordinance to reflect the changes contained in this ordinance, as depicted in Exhibit'-C The Director of Planning is further directed to file the amended map. A copy of such map, as amended, shall be available for inspection in the Office of the City Clerk. 09-1961.001 3 3 78-i 1 Ordinance No. 3831 � i Xff/,C�/ i y7s0,/ �,-J SECTION 4. The Ordinance shall take effect immediately upon certification by the California Coastal Commission. PASSED AND ADOPTED by the City Council of the City Huntington Beach at a regular meeting thereof held on the day of 2009. Mayor ATTEST: APP VED AS TO FORM: City Clerk CI y Attorne 7P,EV#IED APPROVED: INITI O ED ND APPROVED: r Dire for of tanning EXHIB ITS A. Legal description of a portion of the Subject Property to be re-designated as Coastal Conservation- B. Sketch of a portion of the Subject Property to be re-designated as Coastal Conservation. C. New Zoning Map of the Subject Property 09-1961 001!3 3)784 2 Ordinance No. 3831 EXHIBIT A Ordinance No. 3831 i EXHIBIT"A" LEGAL DESCRIPTION In the City of Huntington Beach, County of Orange, State of California, being all of Parcels "B" and "C" and a portion of Parcel `A" as described in a Grant Deed recorded September 19, 1996 as Instrument No. 19960479182 of Official Records of said County described as follows: Beginning at a point on the southeasterly boundat-y nf said Grant Deed lying South 63°4)')ca" WN ;t 1900,27 feet from the southea`s!\corner thereot; thence 144tr-26i619'31" kvc`_i. 301.91 feet to a-nun,angent curve concaves noruterly having a radius of 150.00 feet, a radial line to the beginning of said curve bears South 12'33'55" West; thence easterly 114.75 feet along said dive through a central angle of 43°49'57" to a reverse curve concave southeasterly having a radius of 1250.00 feet; thence northeasterly 119.12 feet along said curve through a central angle of Y27'36" to a reverse curve concave northwesterly having a radius of 1 15.00 feet; thence northeasterly 113.82 feet along said curve through a central angle of 56"42'23" to a reverse curve concave southeasterly having a radius of 75.00 feet; thence not theasterly 76.19 feet along said curve through a central angle of 58°12'W" to a reverse: curve: concave northwesterly having; a radius of 400.00 feet; thence northeasterly 102_70 feet along said curve through a central angle of 14"42'36" to a compound curve concave nordwesterly having a radius of 1 10.00 feet; thence northeasterly 54.65 feet along said curve through a central angle of 28'27'58" to a non-tangent curve concave westerly having a radius of 150.00 feet, a radial line to the beginning of said curve bears Soutli r0"08'09" fast; thence northerly- 277_8 5 fe.c t along said curve_thr ugL ,1 <<r)rral ankle of I '07'St) to a revel-se Curv<: evnGivc norttrcasteny staving It radius of 10.00 1ect; mcncc nortlroxestcrfy 14.56 feet along said curve through a central angle of 83'2;'39" to a reverse curve: cctuc.avc westerly having a radius of i00 00 feet; thence northerly 39.81 feet along said curve through a central angIc of 22"4S'42', thcuce tangent front said curve North 5-39'07" West 24 52 feet to a tangent (mvc, conc:a%c sondiwesterly having a radius of 165 00 feet; the uce nortlttvestcrty !27.0`' fcct, along; said artve through a central angle of ttevisecl-October 28,2008 �)ctob7cr-Ifs, U_ Page I of 2 WO No-61A5377CX Ii&-ALegal No.5113 By: L.Gastonfk-vo Checked By R_Williams/jt Ordinance No. 3831 EX 617 EXHIBIT«A„ LEGAL DESCRIPTION 44'06'28"; thence non-tangent from said curve North 4'27'59" East 48.01 feet to a tangent curve concave westerly having a radius of 100.00 feet; thence northerly 34.65 feet along said curve tbrough a central angle of 19'51'13" to a reverse curve concave easterly having a radius of 67.00 feet; thence northerly 18-47 feet along said curve through a central angle of 15'47'37",- thence tangent from said oirve North 0°24'23" East 111.22 feet to the northerly boundary of said Grant Deed; thence along the northerly, westerly and southeasterly boundaries thereof the following ten courses: North 89'35'37" West 668.91 feet, South 0°10'28" West 1120.24 feet, South 89'58'29" West 155.96 feet, South 32'53'40" West 47.24 feet, South 44°49'13" West 172.30 feet, South 57'36'54" West 150.89 feet, South 29"37'51" West 37.58 feet, South 18"07'10" West 231.15 feet, South 26°19'3t" East 95.04 feet and North 63'40'29" East 1071.59 feet to the Point of Beginning. Containing au area of 23.1 12 acres, more or less- As shown on Exhibit "B" attached hereto and by this reference made a part hereof. Lisa K.Gaston o Lisa K. Gaston, T S- No. 8299 W.8299 License Expires- December 31,2009 d, Exp_12l37109 Date: — — — FOF cpt\F Revised;October 28, 2008 �u-A4ec t6- Page 2 of 2 WO into. 61-15377CX f1B-A Legal No 5113 By: L. Gastortlk. vo Checked By R. Nk'dliains/jl Ordinance No. 383 EXHIBIT B �C-So�Jon.� 0�9 Ordinance No. 3831 i le Aso 770,E EXHIBIT "B" Sketch to Accompany Legal Descviption _ N89°35'37w 218264' N89°3537'ri' 66 . 8 91, N00°24'23"E 1 N74°36'46"E C9 RAD C8 a, f N04"27'59'E 48.01=c-- 7 Pr44°06'28" o 6=22°48'42" o d R=100.00' L=39.81'_ z N72°50'25'W 5N CITY OF HUNTINGTON _ RAD-PRC--- BEACH BOUNDARY o -- N23°43'56"E CURVE TABLE RAD PRC a n CURVE DELTA RADIUS LENGTH S50'08'09"E �o o c,, o c� Ci 43°49'57 i50A0' 114.75" x >� ---------RAD (R=150") C2 5°27'36" 1250-00' 119-12' 2 _ _ o 56°4223" 115.00" i13.82` oQ z RAD {R--110') �- C4 58°12'10" 75.00' 76.19' �o o ` CS 14°42 36" 400.00' 102.70 C6 28°27'SS" 110.00 54-65 LY�m C7 83°25'39" 10-00' 14-56' � t- G C8 19°51'13" 100.00� 34.65' c�z Lu<c r AREA = 2 112 ACRES C9 1547*37" 67.00' 18.47' t r? cl- 3 3'RAO fir, S89°58'29-W z 7 Ct v N, 155 0.96, '- - - 7 0 o z,Q S32° -- - s3'4o�w - p- < 47.24'- S44°49'13'w -- i 72.30' �bo I U � a [iUNSAKI R ASSOCIATES SHEA HOMES PARKSIDE ESTATES 1 k V N E_ ' N C . OPEN SPACE — CONSERVATION PARCEL PLANNING 1_F:RINC l upvmNC terse H,gi— • U 9 + rrt(949)s6l-W* fX( )563-07sv IN THE C17Y OF 11UNTINGTON BEACH,COUNTY OF ORANGE,STATE Or CALIFORNIA oA7e 10-16-00 1cTE 10-28-08 .eyc K.VO or' R. WILIIAMS SCALE: 1"=200' W.O. 61-15377CX 1: MWO-SH Id\5113\Ex4 ! T B.dwq H&A LEGAL No. 5113 SHEET 1 OF 1 Ordinance No. 3831 E X H I wtm sl" I T J�so!_G�-77 o.J o�009-�- - �* Y R �:)Y '�' Y/'1 3 !��iYf� i �� .. ..� •�' Y� �� vtyu���� `�!'oarL _������� 2 d� 7 ,, fit : sh } �.�,� h �. �'����. F�.:,�`;r,�'. ,` �� a•y r s r {� �.�. •k,k ; { x ' 2. :�x�"� _� 's.r r� rT�.,�"�p4 ._� v" r�'�y�i; �f'�-,.%.' 4'�.� q J _ �1,;.,.L, <s-:=T� �� � F y a•�..�� '-�.�._~ ate, � '�%yx�-w.7�-�_. .vgx; t,�, c''� - -. .�` #' r_"'•-''-`.?�> r z-�-�u .zs..F�"` ,v✓�-.'"�"�`'`•,.��'4�a�s���.'&�.,. 107 -r--i' lA�y - _ sx `st--� K y, €-.s - sw+t.�x `�.., s•,may ' ,:_ ��� .rs .�o c rE � "'" .���1�..•�. „se -$ '=rs Ti_`.,.�-y,�§ -71 WE �� � �, ` � Tart .�. � j,S-�' ��' ;.:, �`���5:���� ��`'�`� ,,.• Resolution No. 2009-28 Exhibit C reflects Attachment Nos. 5-8 (ZTA 09-05) Of this RCA dated June 1 , 2009 ORDINANCE NO. 3832 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING CODE RELATING TO RESIDENTIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 210 of the Huntington Beach Zoning Code is hereby amended by amending Section 210.04 to read as follows: 210.04 RL, RM, RMI-I, RI1, and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications pennitted on approval of a conditional use pen-nit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P'U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. RL, RM, 1041-1, RH, and P = Permitted RMP DISTRICTS: L = Limited (see Additional Provisions) LAND USE CONTROLS PC Conditional use permit approved by Planning Commission ZA = Conditional use pen-nit approved by Zoning Administrator TU = Temporary Use Permit P!U = Requires conditional use pen-nit o❑ site of conditional use Not Permitted 0c) 1961;3)17'� 1 Ordinance No. 3832 RL RM RMH RMP Additional RH Provisions Residential Uses (A)(M)(Q) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D)(R) 2 - 4 units ZA P P - S - 9 units ZA ZA ZA - 10 or more units PC PC PC - Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, Ltd. P P P P Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P)(R)(S) Public and Semipublic (A)(0) Clubs & Lodges PC PC ZA ZA Day Care, Large-family L-6 L-6 L-6 L-6 Day Care, General L-1 ZA ZA ZA Park & Recreation Facilities L-2 L-2 L-2 L-2 Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC Residential Care, General - L-1 PC PC Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities, Minor P P P P Commercial Communication Facilities L-5 L-5 L-5 L-5 Horticulture ZA ZA ZA ZA Nurseries ZA ZA ZA ZA Visitor Accommodations Bed and Breakfast funs - - L-4 - Accessory Uses P/U PiU P/[J P/U (A)(G)(H)(l)(L)(M) Temporary Uses (J)(M) Commercial Filming, Limited P P P P Real Estate Sales P P P P (N) Personal Propert% Saks P P 1' P Strect Fairs T(_'! TU TU TU Nonconforming; Uses (K)(L.) RL, 101, RINII_l, RR, and RNIP Districts: Additional Provisions I_,-I conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre (gross acreage) or greater fronting an arterial in RL District. Oq-1961 ii;' Ordinance No. 3832 L-2 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. L-3 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. L-4 A conditional use permit from the Zoning Administrator is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. L-6 Neighborhood notification is required pursuant to Section 241.24_ No architectural plans shall be required. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previously approved conditional use permit, if any, or approval of a new conditional use permit. (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens (See Section 210.08), for affordable housing (See Sections 2 10.10 and 230.14), or for density bonus (See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway- (2) includes a dwelling unit more than 150 feet from a public street; or (3) includes buildings exceeding 25 feet in height. (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition, Neighborhood Notiticatiori pursuant to Chapter 24t is required 1`6r the addition of manufactured home space(s) to an existing iManui"actured Home Park- (F) See Section 230.16: Nlanulacturcd Homes. (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Strictures. (1) See Section 230.10: Accessory Dwelling Units. 09-1961-133725) 3 Ordinance No. 3832 RL, RNI, RNIH, RH, and RMP Districts: Additional Provisions (J) See Section 241.20: Temporary Use Permits. (K) See Chapter 236: Nonconforming Uses and Structures. (L) See Chapter 233: Signs. (M) Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (N) See Section 230.18: Subdivision Sales Offices and Model Homes. (0) Limited to facilities on sites of fewer than 2 acres. (P) See Section 230.22: Residential Infill Lot Developments. (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee. (R) Small lot development standards for RM, RMH, and RH Districts. A conditional use permit from the Planning Commission is required for small lot residential subdivisions, including condominium maps for detached single family dwellings. See also Section 230.24: Small Lot Development Standards. (S) See Coastal Element Land Use Plan, Table C-2, for permitted uses, development requirements and restrictions applicable to development within Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal Element Land Use Plan. Subdivision design and development within Subarea 4K shall incorporate the information from the plans and studies required in Table C-2 for development of that Subarea. If there is a conflict between the requirements and restrictions of Table C-2 and other provisions of the Zoning and Subdivision Ordinance, the requirements and restrictions included in Table C-2 shall prevail. S ECTION 2. This ordinance shall become effective 30 days after its adoption. PASSE:) AND ADOPTFF) by the Cite Council of the City of Huntington Beach at a re1'ular IM-Ctim-, thel-col held on the day oi- , 2009. ATTES F -------------------- --- i\layor City Clerk APPROVED AS TO FORM: REVIEW . APPROVED: -� Ct6, Attorney Cit inistrator INITIA D AN APPROVED: ire, r o anning W) I t,6 t 4 ,EXtf-1,6/7- 'C ' �S0�O"L) a00 9 - 'Ie ORDINANCE NO. 3833 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 216 OF THE HUNTINGTON BEACH ZONING CODE RELATING TO THE COASTAL CONSERVATION DISTRICT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 216 of the Huntington Beach Zoning Code is hereby amended by amending Section 216.02 to read as follows: 216.02 Purpose The purpose of the CC Coastal Conservation District is to implement the General Plan and Local Coastal Program land use designation of Open Space: Conservation; and provide for the protection, maintenance, restoration and enhancement of wetlands and environmentally sensitive habitat areas located within the Coastal Zone white allowing for appropriate utilization to occur_ The CC District specifies permitted uses within areas with a CC zoning designation, consistent with the California Coastal Act of 1976 (Division 20 of the Public Resources Code), the General Plan and the Local Coastal Program Land Use Plan. The application of the CC District is not intended to authorize, and shall not be construed as authorizing the City of Huntington Beacli to exercise its power in a manner which will take or damage private property for public use_ This zoning ordinance is not intended to increase or decrease the rights of any owner of property under the constitution of the State of California or the United States. SECTION 2. Chapter 216 of the Huntington Beach Zoning Code is hereby amended by amendinl., Section 216.04 to read as follows: 216.04 Definitions A. E:nery Facilitv. Any public or private processing, producing, generatino. storing, transmitting, or recovering facility for electricity natural gas, petroleum, coal or other source of energy. B. [:nvirunrnentally Sensitive (Habilatj Area. A wetland or anv area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. C. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, social, and technological factors. Ordinance No. 3833 D. Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. E. Significant Disruption. Having a substantial adverse effect upon the functional capacity. F. Wetland. Lands within the Coastal Zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats and fens G. Coastal-dependent Development or Use: Any development or use which requires a site on, or adjacent to, the sea to be able to function at all. H. Resource Protection Area. Any area that consists of wetlands, Environmentally Sensitive Habitat Areas,or a buffer,as are defined in the City's Local Coastal Program. SECTION 3. Chapter 216 of the Huntington Beach Zoning Code is hereby amended by amending Section 216.08 to read as follows: 216.08 Permitted Uses and Structures A. The following principal uses and structures shall be permitted in the CC District where no feasible, less environmentally damaging alternative exists and where feasible mitigation measures have been provided and are subject to issuance of a conditional use permit by the Zoning Administrator_ Said permit shall insure that the uses are developed in a manner compatible with the purpose of this District. Such permitted uses are: I. Incidental public service projects such as, but not limited to, burying cables and pipes. 2_ Maintenance of existing streets and utility structures. I3. The extension of Hamilton Avenue shall be permitted between Beach Boulevard and Newland Street_ The precise alignment of Hamilton Avenue shall not be approved without documentation that the least environmentally damaging feasible alternative is the chosen alternative. Before the precise alignment of Hamilton Avenue can be approved, an environmental impact report shall be certified which addresses the alternative alignments for Hamilton Avenue and the mitigation needs generated from each alternative_ The alternatives analysis shall include, at a minimum, the following: l. Placing the roadway in an alignment which is most protective of wetland habitats, including the construction of the road on pilings or bridging the road over the wetlands, and 2. Limiting the width of the roadway by narrowing lanes and eliminating shoulders, and 09-1961/33723 2 Ordinance No. 3833 3_ Requiring full mitigation for any impacted wetlands. No net loss of wetland shalt occur. Any wetland which is filled or reduced in productivity by the project will be replaced by restoring otherwise degraded or non-functioning wetland as close as feasible to the project site. C. The following uses and structures may be permitted in the CC District subject to Planning Commission approval of a conditional use permit where there is no feasible less environmentally damaging alternative and where feasible mitigation measures have been provided. 1_ New or expanded energy and coastal-dependent industrial facilities where no feasible, less environmentally damaging alternative exists and where consistent with the study titled Designation of Coastal Zone Areas Where Construction of an Electric Power Plant Would Prevent Achievement oJ'the Objectives of the California Coastal Act of 1976 (re-adopted by the California Coastal Commission December 1985). 2. Diking, dredging and filling which are necessary for the protection, maintenance, restoration or enhancement of the environmentally sensitive habitat area's functional capacity. 3_ Flood Control Facilities. a. Maintenance of existing modified flood control facilities where the primary purpose is to maintain existing flood control capacity and where such maintenance is necessary for public safety or to protect existing development where there is no other feasible method for protecting structures in the flood plain. No maintenance activities sliall be permitted which have the effect of draining wetlands. Maintenance activities may include: Maintenance dredging of less than ►00,000 cubic yards within a 12 month period; lining of existing in-place artificial channels; increasing the height of existing levees, or changes in the cross section of the interior channel to accommodate the design capacity of existing channels «fien no widening of the top dimensions or widening ofthe outer levee is required. ()nl% in conjunction witli restoration plans, new flood control facilities Miere necessary for public safety and to protect existing development where there is no other feasibly; method for protecting structures in the flood plain. 4. Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. 5_ Pedestrian trails and observation platforms for passive nature study; i_e., bird watching and the study of flora and fauna native to the site. Such uses may be located within an environmentally sensitive habitat area W,.1961 3 Ordinance No. 3833 provided that said use(s) are immediately adjacent to the area's peripheral edge. 6. Maintaining existing, or restoring previously dredged depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. 7. Nature study, aquaculture, or similar resource dependent activities. 8. Habitat restoration projects. 9. For the portion of any parcel which is not designated Conservation under the certified land use plan, any use authorized by and in conformance with the CV District. 10. In addition to the above uses, coastal dependent industrial facilities shall also be allowed even where inconsistent with other provisions of the certified Local Coastal Program if: a. To locate elsewhere is infeasible or causes greater environmental damage and, b_ To do otherwise would adversely affect the public welfare and, C. Adverse environmental effects are mitigated to the maximum extent feasible and d. Where findings consistent with Section 216.20 can be made. D. Permitted uses, development requirements and restrictions applicable to development within Subarea 4K as depicted in Figure Figures C-6a and C-10 of the Coastal Element Land Use Plan are provided in the Coastal Element Land Use Plan, Table C- 2. Subdivision design and development within Subarea 4K shall incorporate the information from the plans and studies required in Table C-2 lot-development of that Subarea. If there is a conflict between the requirements and restrictions of fable C-2 c and other provisions of the Zoning and Subdivision Ordinance, the requirements and restrictions included in Table C-2 shall prevail. SECTION 4_ Chapter 216 of the Huntington Beach Zoning Code is herehv amended by amending Section 216.08 to read as follows: 216.t8 Performance Standards Before the coastal development permit can be issued, the project shall comply with the following standards to the satisfaction of the Director: A. Wetlands and environmentally sensitive habitat areas that are designated for preservation alter a permit hearing granting project approval on the property shall be preserved through a conservation easement, deed restriction or other similar mechanism consistent with Public Resources Code Section 30010. 09-1461 13723 4 Ordinance No. 3833 Such easements or restrictions need not authorize any public right of access or use. Exclusive use and possession of the area may remain with the applicant. 1. All feasible mitigation measures shall be incorporated into projects to minimize adverse environmental effects. a. If the project involves dredging, mitigation measures must include the following: (1) Dredging and spoils disposal must be planned and carried out to avoid significant disruption to wetland habitats and to water circulation; (2) Limitations may be imposed on the timing of the operation, the type of operation, the quantity of dredged material removed, and the location of the spoil site; (3) Dredge spoils suitable for beach replenishment shall, where feasible, be transported to appropriate beaches or into suitable longshore current systems; (4) Other mitigation measures may include opening up areas to tidal action, removing dikes, improving tidal flushing, or other restoration measures. b. If the project involves diking or filling of a wetland, the following minimum mitigation measures shall apply. These mitigation measures shall not be required for temporary or short-term fill or diking if a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. (1) If an appropriate restoration site is available, the applicant shall submit a detailed restoration plan to the Director which includes provisions for purchase and restoration of an equivalent area of equal or greater biological productivity and dedication of the land to a public agency or otherwise permanently restricting its use for open space purposes. The site shall be purchased before the dike or fill development may proceed. (2 j The applicant mav, in sonic cases, be permitted to open equivalent areas to tidal action or provide other sources of surface water_ This method of mitigation is appropriate if the applicant already owns filled, diked areas which themselves are not environmentally sensitive habitat areas but may become so, if such areas were opened to tidal action or provided with other sources of surface water. (3) If no appropriate restoration sites under options (1) and (2) are available, the applicant shall pay an in-lieu fee, nq iy�,i 5 Ordinance No. 3833 determined by the City Council, which shall be of sufficient value to an appropriate public agency for the purchase and restoration of an area of equivalent productive value, or equivalent surface area. C. The third option above shall be allowed only if the applicant is unable to find a willing seller of a potential restoration site. Since the public agency may also face difficulties in acquiring appropriate sites, the in-lieu fee shall reflect the additional costs of acquisition, including litigation and attorney's fees, as well as the cost of restoration, relocation and other costs. If the public agency's restoration project is not already approved by the Coastal Commission, the public agency may need to be a co-applicant for a coastal development permit to provide adequate assurance that conditions can be imposed to assure that the purchase of the mitigation site shall occur prior to the issuance of the permit_ In addition, such restoration shall occur in the same general region (e.g., within the same stream, lake, or estuary where the fill occurred). 2_ Any areas where vegetation is temporarily removed shall be replanted with a native or an adaptable species in a quantity and quality equal to the vegetation removed- 3- Pedestrian trails, observation platforms and other incidental structures shall be designed to reduce disturbance of wildlife and vegetation; examples of improvements so designed would be elevated walkways and viewing platforms, and vegetative and structural barriers to decrease disturbances from permitted uses and inhibit internal access. d_ Passive nature study uses shall include a program to control litter; examples include litter containers and '-no littering" signs posted in the project area. �. Environmentally sensitive habitat areas shall be restored and enhanced to lessen the risk of flood daivage to adjacent properties. 6. AnV construction, alteration or other improvement shall generally be carried out between Septemher 15 and April 15 to avoid disturbing rare, threatened, or endarig,crcd species v�hich utilize the area for nestiug. This requircnrent ;hall not apply it it can be dcrnonstrated to the satisfaction of tlic Director that no such disturbance would occur, in which case construction shall be timed to cause the least disturbance to wetland dependent species; e.g., migratory waterfowl and shorebirds. 7_ Constructioniunaintenauice activities shall be carried out in areas of minimal size. Preconstructloll topography shall be restored subsequent to the conclusion of the project unless such topography is to be altered to conform with au approved restoration project. W,_1961 _ 0 Ordinance No. 3833 8. A Habitat Management Plan shall be prepared and carried out for all ESHA, wetland and buffer areas and provide for restoration, enhancement, and perpetual conservation and management. Issues to be addressed include, but are not limited to, methods to assure continuance of a water source to feed all wetland areas, enhancement of habitats and required buffer areas, restoration and enhancement of wetlands and environmentally sensitive habitats and required buffer areas, and fuel modification requirements to address fire hazard and avoid disruption of habitat values in buffers. The Habitat Management Plan shall identify goals, objectives and performance standards; procedures and technical specifications for wetland and upland planting-, methodology and specifications for removal of exotic species; soil engineering and soil amendment criteria; identification of plant species and density; maintenance measures and schedules; temporary irrigation measures; protective fencing both during construction and post-construction; restoration success criteria; measures to be implemented if success criteria are not met, and long-term adaptive management of the restored areas for- a period of not less than 10 years. 9. Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas-, however, access to designated passive public recreational use areas shall be protected and visual impact of any barriers from open space areas shall be minimized. 10. Conservation easements (or other instruments) that serve to permanently protect the restored areas shall be recorded. B. The applicant shall demonstrate that the functional capacity is maintained or augmented through the criteria set out below unless relieved of any one or more of these requirements by the California Department of Fish acid Game, and that the project does not signifrcarrtly: I. Alter existing plant alid animal populations in a manner that would impair the long-term stability of the ecosy'stenV: I-C., natural species diversity, abundance: and composition are esseritially unchanged as a result Of the project: 2. Harm or destroy a species oi- habitat that is rare or endangered; 3. Hann a species or habitat that is essential to the natural biological function of a wetland or estuary; 4. Reduce consumptive (e.g., fishing., aquaculture and hunting) or nonconsumptive (e.g., water quality and research opportunity) values of a wetland or estuarian ecosystem. 09-1961%337'_, Ordinance No. 3833 C. If the proposed project involves restoration of a degraded wetland, the applicant shall comply with California Public Resources Code Sections 30411 and 30233 to the satisfaction of the Director. D. Any areas that constituted wetlands or ESHA that are removed, altered, filled or degraded as the result of activities carried out without compliance with Coastal Act requirements shall be protected as required by the City's Coastal Element Land Use Plan. SECTION 5. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 12009. ATTEST: Mayor City Clerk AP VED AS TO FORM: REVIE#dlt' PPROVED: _ �G City Attorney � �-01 Citrator INITIATE AND CPPROVED: Director of Pl ng 01)-1961 33-1-> 8 .� �jC�-i,Cii 7- ORDINANCE NO. 3834 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 221 OF THE HUNTINGTON BEACH ZONING CODE RELATING TO THE COASTAL ZONE OVERLAY DISTRICT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by amending the Sections listing to read as follows: Sections: 221.02 Coastal Zone Overlay District Established 221.04 Zoning Map Designator 221.06 Requirements for Coastal Development Permit 221.07 Impermissible Alteration 221.08 Land Use Controls 221.10 Requirements for New Development Adjacent to Environmentally Sensitive Habitat Area (ESHA) 221.12 Coastal Access and Public Use Areas, Signs Required 221.14 Preservation of Visual Resources 221.16 Community Facilities 221.17 Phasing 221.18 Diking, Dredging, and Filling 221.20 Hazards 221.22 Buffer Requirements 221.24 Energy Facilities 221.26 Residential Density Limitations 22128 Maximum Height _ 221.30 Off-Street Parking Requirements 221 A2 Landscaping 221 .34 Signs 221.36 Public ikccess Implementation SECTION 2. Chapter 221 oi'the Huntiriglon Beach Zoning Code is hereby amended by adding Section 221.07 to read as follows: 221.07 I_rupermissiblc Alteration Any area that constitutes wetlands or ES[-la that has been removed, altered, filled or degraded as a result of activities can-ied out without compliance �k Ith the California Coastal Act requirements shall be protected as required by the City's Local Coastal Program Land Use Plan. 09-196 v_175 i 1 Ordinance No. 3834 SECTION 3. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by amending Section 221.10 to read as follows: 221.10 Requirements for New Development Adjacent to Environmentally Sensitive Habitat Area As a condition of new development adjacent to a resource protection area, which includes any wetland, Environmentally Sensitive Habitat Area (ESHA), associated buffers, land zoned Coastal Conservation, as the same are defined in the City's Local Coastal Program, an applicant shall comply with the requirements listed below. These requirements shall be applicable to lots within new subdivisions as well as development proposed on existing lots adjacent to an ESHA, wetlands, associated buffers, resource protection areas or land zoned Coastal Conservation, unless otherwise indicated. A_ Landscape Plan shall be prepared that prohibits the planting, naturalization or persistence of invasive plants, and encourages low-water plants, and plants primarily native to coastal Orange County. B_ Domestic Animal Control Plan shall be prepared that details methods to be used to prevent pets from entering any resource protection areas, including but not limited to appropriate fencing and barrier plantings. C_ Pest Management Plan shall be prepared that, at a minimum, prohibits the use of rodenticides, and restricts the use of pesticides, and herbicides in outdoor areas, except necessary Vector Control conducted by the City or County. D. All street lighting, exterior residential lighting and recreational lighting adjacent to resource protection areas shall minimize impacts to wildlife within the resource Protection areas. E. Covenants, Conditions and Restriction (CC&Rs) in a form approved by the Office of the City Attorney shall be recorded specifying that landscaping for individual housing lots and recreation areas that are directly adjacent to a resource projection area shall not include any exotic invasive plant species. The CC&Rs shall be binding on each of the lots, shall rain with the land affected by the subdivision and shall be included or incorporated by reference in every deed transferring one or more of the lots in the subdivision. E_ The project applicant shall prov ide any buyer of a housing unit within the CZ Overlay District an information packet that explains the sensitivity of the natural habitats within or adjacent to the project site and the need to minimize impacts on the designated resource protection area(s), and the prohibition on landscaping that includes exotic invasive plant species on lots that are directly adjacent to a resource protection area. The information packet shall include a copy of the Domestic ,-animal Control Plan and Pest Management Plan and be required for all sales of housing units pursuant to the CC&Rs. G. Protective fencing or barriers shall be installed and maintained between the resource protection areas and areas developed for homes or recreational use for the purpose of minimizing human and domestic animal presence in resource protection areas, including restored and preserved wetland and ESHA buffer areas; however, public access to designated passive recreational use areas shall be provided. Visual impacts created from any walls or barriers adjacent to open space conservation and passive recreational use areas shall be minimized through f�<)-f9fil;ii�51 2 Ordinance No. 3834 provided. Visual impacts created from any walls or barriers adjacent to open space conservation and passive recreational use areas shall be minimized through measures such as open fencing/wall design, landscape screening, use of undulating or off-set wall features, etc. H. Uses allowed adjacent to designated Environmentally Sensitive Habitat Areas shall assure the continuance of the habitat value and function of preserved and restored wetlands and ESHA. SECTION 4. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by adding Section 221.17 to read as follows: 221.17 Phasing The provision of public access and recreation benefits associated with private development(such as but not limited to public accessways, public bike paths, habitat restoration and enhancement, etc.) shall be phased such that the public benefit(s) are in place prior to or concurrent with the private development but not later than occupation of any of the private development. SECTION 5. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by amending Section 221.20 to read as follows: 221.20 Hazards As a condition of new development, the applicant shall be required to submit a report evaluating geologic, seismic, flood and fire hazards, and shall be designed to: A. Comply with all recommendations and provisions contained in the Alquist-Prioto Special Studies Zones Act (California Public Resources Code Chapter 7.5) for identified seismic hazards. B. Comply with all provisions relating to the FP Floodplain Overlay District, if applicable. C. Comply with all provisions relating to Methane Districts as defined in Chapter 17.04. D. Development in Subarea 4K as depicted iu Figures C-6a, and C-10 of the Coastal Element Land Use Plan, shall comply Iti the approved Hazard Mitigation and Flood Protection Plan required in Table C-2 of the Coastal Element Land Use Plan. SECTION 6. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by amending Section 221.32 to read as follows: 221.32 Landscaping All projects within the CZ Overlay District shalt comply with the landscape improvement requirements of Chapter 232 unless exempt, and the requirements of Section 221.10. Ordinance No. 3834 SECTION 7. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by amending Section 221.36 to read as follows: 221.36 Public Access Implementation A. Purpose. The purpose of this Section includes the following: 1_ To achieve the basic state goals of maximizing public access to the coast and public recreational opportunities, as set forth in the California Coastal Act codified at section 30000 through 30900 of the California Public Resources Code. Section 30001.5(c) states that public access both to and along the shoreline shall be maximized consistent with sound resource conservation principles and constitutionally protected rights of private property owners; 2. To implement the public access and recreation policies of Chapter 3 of the Coastal Act (Section 302 10 - 30255); and 3_ To implement the certified land use plan of the Local Coastal Program which is required by Section 30500(a) of the Coastal Act to include a specific public access component to assure that maximum public access to the coast and public recreation areas is provided_ 4_ In achieving these purposes, this ordinance shall be given the most liberal construction possible so that public access to the navigable waters shall always be provided and protected consistent with the goals, objectives and policies of the California Coastal Act and Article X, Section 4, of the California Constitution. B. Definitions. The following definitions shall govern the implementation of the public access requirements of the Coastal Act and this public access ordinance. 1_ Development. The placement or erection of any solid material or structure on land. in or under water, discharge or disposal of any materials; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to Section 66410 of the Government Code, and any other division of land, including lot splits. except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; and change in the intensity of use of water, or access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation. 09-1961/i37R 1 4 Ordinance No. 3834 As used in this section "structure" includes but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. 2_ New development. For purposes of implementing the public access requirements of Public Resources Code Section 30212 and of this section, "new development" includes "development" as defined in subsection 1 above except the following: a_ Structures destroyed by natural disaster. The replacement of any structure, other than a public works facility, destroyed by a disaster; provided that the replacement structure conforms to applicable existing zoning requirements, is for the same use as the destroyed structure, does not exceed either the floor area, height, or bulk of the destroyed structure by more than 10%, and is sited in the same location on the affected property as the destroyed structure. As used in this section, "disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of the owners. b. Demolition and Reconstruction. The demolition and reconstruction of a single-family residence-, provided that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than 10 percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure. C. Improvements- Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height or bulk of the structure by more than 10 percent, which do not block or impede access, and which do not result in a seaward encroachment by the structure. d. Repair and Maintenance_ Repair and maintenance activity which, pursuant to Public Resources Code Section 30610, requires no permit unless the activity will have an adverse impact on lateral public access along the beach. e. Reconstruction and Repair. The reconstruction or repair of any seawall; provided that the reconstructed or repaired seawall is not seaward of the location of the former structure. As used in this section, "reconstruction or repair" of a seawall shall not include replacement by a different type of structure or other modification in design or construction which results in different or greater impacts to shoreline resources than those of the existing structure. 3. Sea. The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks and flood control and drainage channels. 4. Types of Public Access and Recreation. a. Lateral public access: provides public access and use along or parallel to the sea. 09-1961/33791 5 Ordinance No. 3834 b. Blufftop access: provides public access and coastal viewing along a coastal blufftop area. C. Vertical access: provides a public access connection between the first public road, trail, or public use area nearest the sea and the publicly owned tidelands or established access. d. Trail Access: provides public access along a coastal recreational path, including to and along lakes, rivers, streams, freshwater marshes, flood control channels/features,=significant habitat and open space areas or similar resource areas, and which also may link inland recreational facilities to the shoreline. e. Recreational Access.- provides public access to coastal recreational resources through means other than those listed above, including but not limited to parking facilities, viewing platforms and blufftop parks. 5_ Character of Accessway Use. a. Pass and Repass: Refers to the right of the public to walk and run along an accessway. Because this use limitation can substantially restrict the public's ability to enjoy adjacent publicly owned tidelands by restricting the potential use of lateral accessways, it will be applied only in connection with vertical access or other types of access where the findings required by Sections O and R establish that the limitation is necessary to protect natural habitat values, topographic features (such as eroding bluffs), or privacy of the landowner- b. Passive Recreational Use: Refers to the right of the public to conduct activities normally associated with beach use, such as walking, swimming,jogging, sunbathing, fishing, surfing, picnicking, but not including organized sports, campfires, or vehicular access other than for emergencies or maintenance. C. Active Recreational Use: Refers to the right of the public to conduct the full range of beach-oriented activities, not including horseback riding and use of motorized vehicles unless specifically authorized. C. Access Required. As a condition of approval and prior to issuance of a permit or other authorization for any new development identified in t tluough 4 of this section, except as provided in subsection D, an offer to dedicate an easement (or other legal mechanism pursuant to subsection 1\42) for one or more of the types of access identified in subsections E-H shall be required and shall be supported by findings required by subsections O-Q; provided that no such condition of approval for coastal access shall be imposed if the analysis required by subsections 01 and 2 establishes that the development will not adversely affect, either individually or Cumulatively, the ability of the public to reach and use public tidelands and coastal resources or that the access dedication requirement will not alleviate the access burdens identified or is not reasonably related to those burdens in both nature and extent. 09-1961/33751 6 Ordinance No. 3834 1. New development on any parcel or location where public access is identified in the Land Use Plan as desirable. 2. New development between the nearest public roadway and the sea. 3. New development on any site where there is substantial evidence of a public right of access to the sea acquired through use or a public right of access through legislative authorization. 4. New development on any site where a trail, blufftop access or other recreational access is necessary to mitigate impacts of the development on public access. D. Exceptions. Subsection C shall apply except in the following instances: i. Projects excepted from the definition of"new development" in subsection B.2.a-e. 2. Where findings required by subsections O and P establish any of the following: a. Public access is inconsistent with the public safety, military security needs, or protection of fragile coastal resources; b. Adequate access exists nearby; or, C. Agriculture would be adversely affected. 3. Exceptions identified in subsection D2 shall be supported by written findings required by subsection O of this chapter. E. Lateral Public Access, Minimum Requirements_ A condition to require lateral access as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to subsection C shall provide the public with the permanent right of lateral public access and passive recreational use along the shoreline (or public recreational_area, bikeway, or blufftop area, as applicable); provided that in some cases controls on the time, place and manner of uses may be justified by site characteristics including sensitive habitat values or fragile topographic features, or by the need to protect the privacy of residential development. Active recreational use may be appropriate in many cases ,vliere the development is determined to be especially burdensome on public access. Examples include cases where the burdens of the proposed project would severely impact public recreational use of the shoreline, where the proposed development is not one of the priority uses specified in Public Resources Code Section 30222, where active recreational uses reflect the historic public use of the site, where active recreational uses would be consistent with the use of the proposed project, and where such uses would not significantly interfere with the privacy of the landowner. In determining the appropriate character of public use, findings sliall be made on the specific factors enumerated in subsection P. Lateral access shall be legally described as required in subsection J. F. Vertical Public Access, Minimum Requirements. A condition to require vertical public access as a condition of approval of a coastal development permit (or other 09-1961/33781 7 Ordinance NO. 3834 authorization to proceed with development) pursuant to subsection C shall provide the public with the permanent right of access, (1) located in specific locations identified in the certified Local Coastal Program for future vertical access, or(2) located in a site for which the local government has reviewed an application for a development permit and has determined a vertical accessway is required pursuant to the access and recreation policies of the Coastal Act or the applicable provisions of the Local Coastal Program. A condition to require vertical access as a condition of approval of a coastal development permit(or other authorization to proceed with development) shall provide the public with the permanent right of vertical access and be limited to the public right of passive recreational use unless another character of use is specified as a condition of the development. In determining whether another character of use is appropriate, findings shall be made on the specific factors identified in subsection P. Each vertical accessway shall extend from the road to the shoreline (or bluff edge) and shall be legally described as required in subsection J. The access easement shall be a minimum of 10 feet wide . If a residential structure is proposed, the accessway should not be sited closer than 10 feet to the structure. G- Blufftop Access, Minimum Requirements. A condition to require public access along a blufftop as a condition of approval of a coastal development permit(or other authorization to proceed with development) pursuant to subsection C shall provide the public with the permanent right of scenic and visual access from the blufftop to the public tidelands. The blufftop access shall be limited to passive recreational use and coastal viewing purposes unless another character of use is specified as a condition of development. In determining the appropriate character of use findings shall be made on the specific factors identified in subsection P. Each blufftop accessway shall be described in the conditions of approval of the coastal development permit as an area beginning at the current bluff edge extending 25 feet inland. However, the accessway shall not extend any closer than 10 feet from an occupied residential structure. Due to the potential for erosion of the bluff edge, the condition shall include a mechanism that will cause the accessway to be adjusted inland as the edge recedes. Any permanent improvements should be set back from the accessway by a distance derived by multiplying the annual rate of blufftop retreat by the life expectancy in years of the improvements. The accessway shall be legally described as required in subsection J, with the furthest inland extetit of the area possible referenced as a distance from a fixed monument in the following manner: "Such easement shall be _ feet wide located along the blufftop as measured inland from the daily bluff edge. As the daily blufftop edge may vary and move inland, the location of this right of way will change over time with the then current bluff edge, but in no case shall it extend any closer than feet from (a fixed inland point, such as the centerline of a public road or other easement monument)." H. Trail Access, Minimum Requirements. A condition to require public access as a condition of approval of a coastal development permit (or other authorization to 09-1961/33781 8 Ordinance No. 3834 proceed with development) pursuant to subsection C shall provide the public with the permanent right of access and active recreational use, (1) along a designated alignment of a coastal recreational path or trail in specific locations identified in the LCP for implementation of trail access, or(2) in locations where it has been determined that a trail access is required to link recreational areas to the shoreline or provide alternative recreation and access opportunities pursuant to the access and recreation policies of the LCP and Coastal Act,consistent with other provisions of this chapter. In determining if another character of use is appropriate, findings shall be made on the specific factors enumerated in subsection P. The trail access shall be legally described as required by subsection 1. Protection Of Historic Public Use. 1. Siting and design requirements. Development shall be sited and designed in a manner which does not interfere with or diminish any public right of access which may have been established based on historic public use. Only when site constraints are so severe that siting of the accessway or recreational use area in its historic location would significantly impair the proposed development and alternative development siting is not feasible, development may be sited in the area of public right of access based on historic use provided that the applicant provides an equivalent area of public access or recreation to and along the same destination and including the same type and intensity of public use as previously existed on the site. Mechanisms for guaranteeing the continued public use of the area or equivalent area shall be required in accordance with subsections E through H above. 2. Minimum requirements. An access condition shall not serve to extinguish or waive public prescriptive rights. In permits where evidence shows the possibility of such prescriptive rights, the following language shall be added to the access condition: "Nothing in this condition shall be construed to constitute a waiver of any prescriptive rights which may exist on the parcel itself or on the designated easement-" J. dal Description Of An Accesswav, Recordation- An access dedication required pursuant to subsection C shall be described in the condition of approval of the permit or other authorization for development in a manner that provides the public, the property owner, and the accepting agency with the maximum amount of certainty as to the location of the accessway- As part of the condition of approval, easements shall be described as follows: (1) for lateral access: along the entire width of the property from the mean high tide line to (as applicable): the toe of the bluff, the toe of the seawall, or other appropriate boundary such as stringhne or dripline; (2) for blufftop access or trail access: extending inland from the bluff edge or along the alignment of a recreational trail; (3) for vertical access: extending from the road to the shoreline (or bluff edge). A privacy buffer provided pursuant to subsection L shall be described, as applicable. Prior to the issuance of the coastal development permit or other authorization for development, the landowner shall execute and record a document in a form and content acceptable to the Coastal Commission [or local agency authorized pursuant to 14 California. Administrative Code Section 13574(b)], consistent with provisions of the Coastal Development Permit ordinance, irrevocably offering to dedicate to a public agency or private association approved by the Coastal 09-1961/33781 9 Ordinance No. 3834 Commission [or local agency authorized by the Commission pursuant to 14 California. Administrative Code Section 13574(b)] an easement for a specific type of access and a specific character of use as applicable to the particular condition. The recorded document shall provide that the offer to dedicate shall not be used or construed to allow anyone, prior to acceptance of the dedication, to interfere with any rights of public access acquired through use which may exist on the property. The recorded document shall include legal descriptions of both the applicant's entire parcel and the easement area and a map to scale. The offer shall be recorded free of prior liens and any other encumbrances which the Coastal Commission(or local agency authorized by the Commission) determines may affect the interest being conveyed. The offer to dedicate shall run with the land in favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording- K. Management Plan, Minimum Requirements. A management plan may be required in conjunction with a dedication of public access in any case where there is substantial evidence of potential conflicts between public access use and other uses on or immediately adjacent to the site. Examples include access in areas of sensitive habitats, agricultural resources, or significant hazards, or adjoining residential neighborhoods or military security areas. The plan shall be prepared by the accepting agency and approved by the City prior to the opening of the access to public use. Where applicable, the plan should specify management controls on time and intensity of use, standards for privacy buffers, and requirements for maintenance of aesthetic values through such measures as litter control. L. Privacy Buffers, Minimum Requirements. Separation between a public accessway and adjacent residential use may be provided when necessary to protect the landowner's privacy or security as well as the public's right to use of the accessway. Any such buffer shall be provided within the development area. Access should not be sited closer to any residential structure than 10 feet. The buffer can be reduced where separation is achieved through landscaping, fences or grade separation. M. Implementation. 1. A dedicated accessway shall not be required to be opened to public use until a public agency or private association approved in accordance with subsection J agrees to accept responsibility for maintenance and liability of the access, except in cases where roamed fate public access is implemented through a deed restriction. 2. In any case where the size and character of a development would impose very substantial burdens on public access, such as a large resort development on the shoreline, and where the applicant has the capacity to operate and maintain the accessway or recreation area, a deed restriction may be required instead of an offer to dedicate in order to assure immediate public use of the area and maintenance of the area by the applicant and successors in interest. In any such case, all other applicable provisions of this section shall apply. 09-1 96 1/33 781 1 O Ordinance No. 3834 3. Access facilities constructed on access easements (e.g., walkways, paved paths, boardwalks, etc.) should be no wider than necessary to accommodate the numbers and types of users that can reasonably be expected. Width of facilities can vary for ramps or paved walkways, depending on site factors. N. Title Information. As a requirement for any public access condition, prior to the issuance of the permit or other authorization for development, the applicant shall be required to furnish a title report and all necessary subordination agreements. Title insurance may also be required where easements are being granted. The amount of insurance shall reflect the estimated cost to acquire an equivalent accessway or recreational use elsewhere in the vicinity. All offers shall be made free of all encumbrances which the approving authority pursuant to subsection J determines may affect the interest being conveyed. If any such interest exists which could erase the access easement, it must be subordinated through a written and recorded agreement. O. Required Overall Findings. Written findings of fact, analysis and conclusions addressing public access must be included in support of all approvals, denials or conditional approvals of projects between the first public road and the sea (whether development or new development) and of all approvals or conditional approvals of projects (whether development or new development) where an access dedication is included in the project proposal or required as a condition of approval. Such findings shall address the applicable factors identified by subsection P and shall reflect the specific level of detail specified, as applicable. Findings supporting all such decisions shall include: l. A statement of the individual and cumulative burdens imposed on public access and recreation opportunities based on applicable factors identified pursuant to subsection P. The type of affected public access and recreation opportunities shall be clearly described. 2. An analysis based on applicable factors identified in subsection P of the necessity for requiring public access conditions to find the project consistent with the public access provisions of the Coastal Act_ 3. A description of the legitimate governmental interest furthered by any access condition required. 4. An explanation of how imposition of an access dedication requirement alleviates the access burdens identified. P. Required Project-Specific hndin�s. In determining any requirement for public access, including the type of access and character of use, the City shall evaluate and document in written findings the factors identified in subsections 1 through 5 below, to the extent applicable. The findings shall explain the basis for the conclusions and decisions of the City and shall be supported by substantial evidence in the record_ If an access dedication is required as a condition of approval, the findings shall explain how the adverse effects which have been identified will be alleviated or mitigated by the dedication. As used in this subsection, "cumulative effect" means the effect of the individual project in combination with the effects of past projects, other current projects, and probable future projects, including development allowed under applicable planning and zoning_ o9-1961%3 3 78 I l 1 Ordinance No. 3834 1. Project effects on demand for access and recreation. Identification of existing and open public access and coastal recreation areas and facilities in the regional and local vicinity of the development. Analysis of the project's effects upon existing public access and recreation opportunities. Analysis of the project's cumulative effects upon the use and capacity of the identified access and recreation opportunities, including public tidelands and beach resources, and upon the capacity of major coastal roads from subdivision, intensification or cumulative buildout. Projection of the anticipated demand and need for increased coastal access and recreation opportunities for the public. Analysis of the contribution of the project's cumulative effects to any such projected increase. Description of the physical characteristics of the site and its proximity to the sea, tideland viewing points, upland recreation areas, and trail linkages to tidelands or recreation areas. Analysis of the importance and potential of the site, because of its location or other characteristics, for creating, preserving or enhancing public access to tidelands or public recreation opportunities. 2. Shoreline processes. Description of the existing shoreline conditions, including beach profile, accessibility and usability of the beach, history of erosion or accretion, character and sources of sand, wave and sand movement, presence of shoreline protective structures, location of the line of mean high tide during the season when the beach is at its narrowest(generally during the late winter) and the proximity of that line to existing structures, and any other factors which substantially characterize or affect the shoreline processes at the site_ Identification of anticipated changes to shoreline processes and beach profile unrelated to the proposed development. Description and analysis of any reasonably likely changes, attributable to the primary and cumulative effects of the project, to: wave and sand movement affecting beaches in the vicinity of the project, the profile of the beach, the character, extent, accessibility and usability of the beach; and any other factors which characterize or affect beaches in the vicinity. Analysis of the effect of any identified changes of the project - alone or in combination with other anticipated changes - will have upon the ability of the public to use public tidelands and shoreline recreation areas. 3. I istoric public use. Evidence of use of the site by members of the general public for a continuous five-year period (such use may be seasonal). Evidence of the type and character of use made by the public (vertical, lateral, blufftop, etc. and for passive and/or active recreational use, etc.). Identification of any agency (or person) who has maintained and/or improved the area subject to historic public use and the nature of the maintenance performed and improvements made. Identification of the record owner of the area historically used by the public and any attempts by the owner to prohibit public use of the area, including the success or failure of those attempts. Description of the potential for adverse impact on public use of the area from the proposed development (including but not limited to, creation of physical or psychological impediments to public use). 4_ Physical obstructions. Description of any physical aspects of the development which block or impede the ability of the public to get to or along the tidelands, public recreation areas, or other public coastal resources or to see the shoreline. 09-196i!;;;si 12 Ordinance No. 3834 5. Other adverse impacts on access and recreation. Description of the development's physical proximity and relationship to the shoreline and any public recreation area. Analysis of the extent to which buildings, walls, signs, streets or other aspects of the development, individually or cumulatively, are likely to diminish the public's use of tidelands or lands committed to public recreation. Description of any alteration of the aesthetic, visual or recreational value of public use areas, and of any diminution of the quality or amount of recreational use of public lands which may be attributable to the individual or cumulative effects of the development. Q. Required Findings For Public Access Exceptions. Any determination that one of the exceptions of subsection D applies to a development shall be supported by written findings of fact, analysis and conclusions which address all of the following: 1. The type of access potentially applicable to the site involved (vertical, lateral, blufftop, etc.)and its location in relation to the fragile coastal resource to be protected, the agricultural use, the public safety concern, or the military facility which is the basis for the exception, as applicable. 2. Unavailability of any mitigating measures to manage the type, character, intensity, hours, season or location of such use so that agricultural resources, fragile coastal resources, public safety, or military security, as applicable, are protected. 3. Ability of the public, through another reasonable means, to reach the same area of public tidelands as would be made accessible by an accessway on the subject land. R. Findings For Management Plan Conditions. Written findings in support of a condition requiring a management plan for regulating the time and mariner or character of public access use must address the following factors, as applicable: l. Identification and protection of specific habitat values including the reasons supporting the conclusion that such values must be protected by limiting the hours, seasons, or character of public use. 2. Topographic constraints of the development site. 3. Recreational needs of the public. 4. Rights of privacy of the landowner which could not be mitigated by setting the project back from the accessway or otherwise conditioning the development. 5. The requirements of the possible accepting agency, if an offer of dedication is the mechanism for securing public access. 6. Feasibility of adequate setbacks, fencing, landscaping, and other methods as part of a management plan to regulate public use. 09-1961 f 33 781 13 Ordinance No. 3834 SECTION 8. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of ) 2009. ATTEST: Mayor City Clerk AROVED AS TO FORM: REVIEWE APPROVED: D� City Attorney &74 City dm' istrator INITIAT AN , PROVED: hector of Planning 09-196 1/31791 14 — IA161 T (� 1` �sOtu720,J a00 9 ORDINANCE NO. 3835 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING CODE RELATING TO SITE STANDARDS The City Council of the City of Huntington Beach does hereby ordain as follows_ SECTION 1. Chapter 230 of the Huntington Beach Zoning Code is hereby amended by amending Section 230.82 to read as follows: 230.82 Performance Standards For All Uses A. Applicability and Compliance. The development standards set forth in this section apply to every use classification in every zoning district unless otherwise specifically provided_ The Director may require evidence of ability to comply with development standards before issuing an entitlement- B. Air Contaminants. Every use must comply with rules, regulations and standards of the South Coast Air Quality Management District (SCAQMD)_ An applicant for a zoning permit or a use, activity, or process requiring SCAQMD approval of a perinit to construct must file a copy of the SCAQMD permit with the Director. An applicant for a use, activity, or process that requires SCAQMD approval of a permit to operate must file a copy of such permit with the Director within 30 days of its approval- C. Water Quality. Every use must comply with rules, regulations and standards of the Federal government, State and Regional Water Quality Control Boards and the City of Huntington Beach Municipal Codes. An applicant for a zoning permit or a building permit must demonstrate compliance with aforementioned rules, regulations and standards. General Plan and Local Coastal Program Goals, Objectives and Policies shall be incorporated into water quality management programs prepared for development projects as applicable and to the maximum extent practicable. D. Storage On Vacant Lot_ A person may not store, park, place, or allow to remain in ariy part of a vacant lot any unsightly object. This does not apply to building materials or equipment for use on the site during the time a valid building permit is in effect for construction on the premises. 09-1961/31790 I Ordinance No. 3835 SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2009. ATTEST: Mayor City Clerk PPROVED AS TO FORM: REVIEW APPROVED: C ty Attorney V Cit A 1nistrator INITIATED D OVED: Director o Planning 09-1961'3>790 2 Resolution No. 2009-28 ys,„�Q r-.- k" f y�h c.9.:,'� c �a>�•E! ��_ u,y� �.�J � � .P�... ��s11r o �_ Z �, .�,�.- '"'. vn y �K. /� •�1..ri'4 'i.TteF• F` x1 .a 4 . .� ._,�.:�..s:~•:u `�'�i r�T �ss- � r`�� :. �ei#-fir i.�- s .a�a�,�^� C ��- Res. No. 2009-28 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 1, 2009 by the following vote.- AYES: Carchio, Dwyer, Bohr, Coerper, Hansen NOES: Hardy ABSENT: Green ABSTAIN: None Cit Jerk and ex-officio Ulerk of the City Council of the City of Huntington Beach, California SPECIAL ANNOUNCEMENT - Mayor Bohr will announce the month of June as Gay and Lesbian Pride Month. The month of June was first proclaimed by President Clinton to recognize gays, lesbians, their families and friends in commemoration of the Stonewall Inn uprising in New York City 40 years ago. Recognition of the Federal cultural heritage months is a program of the City's Human Relations Task Force. ANNOUNCEMENT OF CENTENNIAL MONTH - Mayor Bohr to invite Ralph Bauer from the Centennial Celebration Committee to announce June as Diversity Month. Mr. Bauer will give an overview of the events scheduled for the month to celebrate diversity in the community. ANNOUNCEMENT - Mayor Bohr to call on Councilmember Gil Coerper to recognize the Huntington Beach Art Center for a recent exhibit and event that was held. PRESENTATION - Mayor Bohr to recognize Eagle Scout Ian Ferguson for his accomplishments. PRESENTATION - Mayor Bohr to invite Erika Reardon, Chair for the Taste of Huntington Beach Committee, Ron McLin, President of the Huntington Beach Restaurant Association, Stephanie Beverage, Director Library Services and Nanci Williams, Principle Librarian from the Children's Library to present a check to the Huntington Beach Children's Library following the fundraiser held April 26th. PRESENTATION - Mayor Bohr to invite Children's Needs Task Force Chair Bob Dettloff to announce the honorees for the Youth Character Awards. PUBLIC COMMENTS (3 Minute Time Limit) 8 Speakers COUNCIL COMMITTEE / APPOINTMENTS / LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING None CITY ADMINISTRATOR'S REPORT None PUBLIC HEARING Public Hearing Item Nos. 1 and 2 are two segments of one public hearing and will be held concurrently. 1. (City Council) Public hearing to adopt Resolution No. 2009-27 approving General Plan Amendment 98-1(R); approve Zoning Map Amendment No. 96- 5(R) with findings and adopt Ordinance No. 3831 amending the Huntington Beach Zoning and Subdivision Ordinance (HBZSO); approve Zoning Text Amendment No. 09-05(R) with findings; adopt Ordinance No. 3832 amending Chapter 210 of the HBZSO relating to Residential Districts; adopt Ordinance No. 3833 amending Chapter 216 of the HBZSO relating to the Coastal Page 3 Conservation District; adopt Ordinance No. 3834 amending Chapter 221 of the HBZSO relating to the Coastal Zone Overlay District; adopt Ordinance No. 3835 amending Chapter 230 of the HBZSO relating to Site Standards; and, adopt Resolution No. 2009-28 adopting Local Coastal Program Amendment (LCPA) No. 09-01 to amend the Local Coastal Program Implementing Ordinances to reflect Zoning Map Amendment No. 96-5 (R) amending the zoning for the real property generally located on the west side of Graham Street, south of Kenilworth Drive, and Zoning Text Amendment No. 09-05 amending Chapters 210, 216, 221, and 230 of the HBZSO and requesting certification by the California Coastal Commission (Parkside Residential Project). Recommended Action: a) Approve General Plan Amendment No. 98-1(R) by adopting Resolution No. 2009-27, "A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 98-1(R);" and, b) Approve Zoning Map Amendment No. 96-5(R) with findings for approval and approve for introduction Ordinance No. 3831, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance (Zoning Map Amendment No. 96-5(R);" and, c) Approve Zoning Text Amendment No. 09-05 with findings for approval and approve for introduction Ordinance No. 3832, "An Ordinance of the City of Huntington Beach amending Chapter 210 of the Huntington Beach Zoning Code Relating to Residential Districts;" approve for introduction Ordinance No. 3833, "An Ordinance of the City of Huntington Beach Zoning Code Relating to the Coastal Conservation District;" approve for introduction Ordinance No. 3834, "An Ordinance of the City of Huntington Beach Zoning Code Amending Chapter 221 of the Huntington Beach Zoning Code Relating to the Coastal Zone Overlay District;" approve for introduction Ordinance No. 3835, "An Ordinance of the City of Huntington Beach Amending Chapter 230 of the Huntington Beach Zoning Code Relating to Site Standards;" and, d) Approve Local Coastal Program Amendment No. 09-01 with findings for approval, and adopt Resolution No. 2009-28, "A Resolution of the City Council of the City of Huntington Beach Adopting Local Coastal Program Amendment No. 09-01 to Amend the Local Coastal Program Implementing Ordinances to Reflect Zoning Map Amendment No. 96- 5(R) Amending the Zoning for the Real Property Generally Located on the West Side of Graham Street, South of Kenilworth Drive and Zoning Text Amendment No. 09-05 Amending Chapters 210, 216, 221, and 230 of the Zoning Subdivision Ordinance and Requesting Certification by the California Coastal Commission." One vote held for Items #1 and#2. Vote is reflected below Item #2. 2. (City Council) Approve revised Tract Map Nos. 15377(R) and 15419(R) and Entitlement Plan Amendment No. 08-08 amending Conditional Use Permit No. 96-90 and Coastal Development Permit No. 96-18 (Parkside Residential Page 4 Development) with findings and suggested conditions of approval. Recommended Action: Approve revised Tentative Tract Map Nos. 15377(R) and 15419(R) and Entitlement Plan Amendment No. 08-08 with findings and suggested conditions of approval. 58 Late Communications 28 Speakers Approved as amended by Late Communication acknowledging revised Ordinances Nos. 3832, 3833, 3834, and 3835 striking language in Chapter 216, Section 216.04 (H) "including any area adjacent thereof"and adding language "staging of trucks shall occur onsite" to Condition of Approval No. 5. for Tentative Tract Map Nos. 15377(R) and 15419 (R). Approved 5-1-1 (Hardy No, Green Absent) CONSENT CALENDAR (Items #3 through #11) 3. (City Council/Redevelopment Agency) - Approve and adopt minutes. Recommended Action: Approve and adopt the minutes of the City Council/Redevelopment Agency regular meeting of May 4, 2009, the City Council/Redevelopment Agency regular meeting of May 18, 2009, and the City Council/Redevelopment Agency special meeting of May 21, 2009 as written and on file in the office of the City Clerk. May 4, 2009 and May 18, 2009 minutes Approved 6-0-1 (Green Absent) May 21, 2009 minutes, Approved 5-0-1-1 (Hardy Abstained, Green Absent) 4. (City Council/Redevelopment Agency) Receive and file the City Clerk's quarterly report listing of Professional Service Contracts filed in the City Clerk's Office between January 1, 2009 and March 31, 2009. Recommended Action: Receive and file the "List of Professional Service Contracts Approved by Department Heads Pursuant to Huntington Beach Municipal Code Chapter 3.03 and Submitted to the Office of the City Clerk during the period of January 1, 2009 through March 31, 2009." Approved 6-0-1 (Green Absent) 5. (City Council) Authorize the Director of Public Works to execute the California Department of Transportation (Caltrans) Disadvantaged Business Enterprise (DBE) Implementation Agreement to remain eligible for federal-aid funding from the Federal Highway Administration (FHWA) for local transportation projects. City Council Recommended Action: Authorize the Director of Public Works to execute the "California Department of Transportation Disadvantaged Business Enterprise Program Implementation Agreement for Local Agencies." Approved 6-0-1 (Green Absent) Page 5 PROOF OF SERVICE OF PAPERS STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 2000 Main Street, Huntington Beach, CA 92648. Pursuant to Code of Civil Procedure § 1094.6, on June 10, 2009, 1 served the foregoing documents(s) described as: NOTICE OF ACTION on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: South Coast Area Office California Coastal Commission 200 Oceangate, 10t" Floor Long Beach, CA 90802-4302 Attn: Theresa Henry a. [X] BY MAIL -- I caused such envelope to be deposited in the mail at Huntington Beach, California. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business, with postage thereon fully prepaid. I am aware that, on motion of a party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in the affidavit. b. [ ] BY MAIL -- By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [ ] BY DELIVERY BY HAND to the office of the addressee. d. [ ] BY PERSONAL DELIVERY to the person(s) named above. e. [ ] BY FAX TRANSMISSION to No. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 10, 2009, at Huntington Beach, California. Se or DepuA City Itlerk g:/followuplappeaI!!proof of service lefterl!.doc PROOF OF SERVICE OF PAPERS STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 2000 Main Street, Huntington Beach, CA 92648. Pursuant to Code of Civil Procedure § 1094.6, on June 10, 2009, 1 served the foregoing documents(s) described as: NOTICE OF ACTION on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: A. Richard Fitch, Jr. Hunsaker&Associates 3 Hughes Irvine, CA 92618 a. [X] BY MAIL -- I caused such envelope to be deposited in the mail at Huntington Beach, California. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business, with postage thereon fully prepaid. I am aware that, on motion of a party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in the affidavit. b. [ ] BY MAIL -- By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [ ] BY DELIVERY BY HAND to the office of the addressee. d. [ ] BY PERSONAL DELIVERY to the person(s) named above. e. [ ] BY FAX TRANSMISSION to No. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. i Executed on June 10, 2009, at Huntington Beach, California. e for DV.y City Clerk g1followup/appeal/!!proof of service letterll.doc J � o ma2) rp4-, /A ,�ee� �a� Council/Agency Meeting Held: Deferred/Continued to:^ )l Approved ❑ Co ditionally Approved ❑ Denied 6 City C rk's Sct natt rx YilD D �vr Council Meeting Date: 6/1/2009 Department ID Number: PL09-13 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY C CIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINI OR PREPARED BY: SCOTT HESS, DIRECTOR OF PLANNI SUBJECT: APPROVE GENERAL PLAN AMENDMENT NO. 98-1(R)/ZONING MAP AMENDMENT NO. 96-5(R)/ZONING TEXT AMENDMENT NO. 09- 05/LOCAL COASTAL PROGRAM AMENDMENT NO. 09-01 (PARKSIDE RESIDENTIAL PROJECT) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) - Statement of Issue: Transmitted for City Council consideration is a request by Shea Homes to amend the City's General Plan, Zoning and Subdivision Ordinance (map and text) and Local Coastal Program to implement changes in accordance with the Coastal Element Land Use Plan changes approved in 2008 by the California Coastal Commission and City of Huntington Beach City Council. The changes allow for Low Density Residential (26.4 acres) and Open Space— Conservation (23.1 acres) uses on the Parkside site and implement policy amendments also approved in 2008. Staff is recommending approval by the City Council because it achieves consistency for the General Plan, Zoning and the City's Coastal Element and is consistent with General Plan policies and the Coastal Act. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve General Plan Amendment No. 98-1(R) by adopting Resolution No. 2009-27 (Attachment No. 1), a resolution of the City Council of the City of Huntington Beach approving General Plan Amendment No. 98-1(R), and" REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/1/2009 DEPARTMENT ID NUMBER: PL09-13 2. "Approve Zoning Map Amendment No. 96-5(R) with findings for approval (Attachment No. 2) and adopt Ordinance No. 3831 , an ordinance of the City of Huntington Beach amending the Huntington Beach Zoning and Subdivision Ordinance (Attachment No. 3), and" 3. "Approve Zoning Text Amendment No. 09-05 with findings for approval (Attachment No. 4) and adopt Ordinance No. 3832 , an ordinance of the City of Huntington Beach amending Chapter 210 of the Huntington Beach Zoning Code relating to Residential Districts (Attachment No. 5); and adopt Ordinance No. 3g33 , an ordinance of the City of Huntington Beach amending Chapter 216 of the Huntington Beach Zoning Code relating to the Coastal Conservation District (Attachment No. 6); and adopt Ordinance No. 3834 , an ordinance of the City of Huntington Beach amending Chapter 221 of the Huntington Beach Zoning Code relating to the Coastal Zone Overlay District (Attachment No. 7); and adopt Ordinance No. 3835 1 , an ordinance of the City of Huntington Beach amending Chapter 230 of the Huntington Beach Zoning Code relating to Site Standards (Attachment No. 8); and " 4. "Approve Local Coastal Program Amendment No. 09-01 with findings for approval (Attachment No. 9), and adopt Resolution No. 2oog-23 , a resolution of the City Council of the City of Huntington Beach adopting Local Coastal Program Amendment No. 09-01 to amend the Local Coastal Program Implementing Ordinances to reflect Zoning Map Amendment No. 96-5(R) amending the zoning for the real property generally located on the west side of Graham Street, south of Kenilworth Drive and Zoning Text Amendment No. 09-05 amending chapters 210, 216, 221, and 230 of the Zoning and Subdivision Ordinance and requesting certification by the California Coastal Commission (Attachment No. 10)." Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Continue General Plan Amendment No. 98-1(R), Zoning Map Amendment No. 96- 5(R), Zoning Text Amendment No. 09-05, and Local Coastal Program Amendment No. 09-01 and direct staff accordingly." 2. Deny General Plan Amendment No. 98-1(R), Zoning Map Amendment No. 96-5(R), Zoning Text Amendment No. 09-05, and Local Coastal Program Amendment No. 09- 01 with findings for denial." -2- 5/18/2009 12:22 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/1/2009 DEPARTMENT ID NUMBER: PI_09-13 Analysis: A. PROJECT PROPOSAL Applicant: A. Richard Fitch, Jr., Hunsaker & Associates, 3 Hughes, Irvine, CA 92618 on behalf of Shea Homes, 1250 Corona Point Ct., Ste. 600, Corona, CA 92879 Location: 17301 Graham Street (west side of Graham, south of Kenilworth Drive, adjacent to the East Garden Grove —Wintersburg Channel) General Plan Amendment No. 98-1(R) represents a request to amend the Huntington Beach General Plan Land Use Element (Attachment No. 1) pursuant to California Planning, Zoning, and Development Laws and the Huntington Beach General Plan for consistency with the approved Coastal Element Land Use Plan for the Parkside Residential Development site as follows: - Decrease the area designated for Residential Low Density (RL) from approximately 37.4 acres to 26.4 acres. - Remove the Open Space-Park (OS-P) designation from approximately 8.2 acres - Expand the Open Space-Conservation (OS-C) designation to approximately 23.1 acres - Amend Figure LU-6 and Table LU-4 to add the Subarea 4K designation and requirements to the subject site In 2002, the City Council approved General Plan Amendment No. 98-1 to modify the existing RL and OS-P designations on the site and pre-General Plan the portion of the site that was then unincorporated but has since been annexed for RL and OS-C. However, pursuant to the California Coastal Commission's (CCC) action in May 2008 and the City Council's subsequent acceptance of the CCC's action in June 2008, the City's Coastal Element (Land Use Plan for the Local Coastal Program) was amended to decrease the amount of developable land on the subject site and establish the OS-C designation on the remainder. (Attachment No. 13 includes the approved Land Use Plan for the site.) In addition, a subarea designation (4K) was added to the site along with corresponding development restrictions and criteria. The revision to the General Plan Amendment would result in consistency between the General Plan Land Use Element and the Coastal Element. Zoning Map Amendment No. 96-5 (R) represents a request to change the Huntington Beach Zoning Map — DM 33 (Attachment No. 3) pursuant to Chapter 247 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) as follows: - Decrease the area designated for RL-FP2-CZ from approximately 37.4 acres to 26.4 acres. - Remove the OS-P-FP2-CZ designation from approximately 8.2 acres - Expand the Coastal Conservation (CC) designation to approximately 23.1 acres (CC is the zoning equivalent of the General Plan land use designation of OS-C) -3- 5/18/2009 12:22 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/1/2009 DEPARTMENT ID NUMBER: PL09-13 In 2002, the City Council approved Zoning Map Amendment No. 96-5A and 5B to modify the existing RL designations on the site, remove the RA (Residential Agriculture) designation and pre-zone the portion of the site that was then unincorporated but has since been annexed for RL and CC. Also at that time, the City added the Coastal Zone (CZ) suffix to the property. However, pursuant to the CCC's action in May 2008 and the City Council's subsequent acceptance of the CCC's action in June 2008, the City's Coastal Element (Land Use Plan for the Local Coastal Program) was amended to decrease the amount of developable land on the subject site and establish the OS-C designation on the remainder. This Zoning Map Amendment revision will modify the 2002 City-approved zoning designations to mirror the Land Use Plan approved by the CCC and City Council. Zoninq Text Amendment No. 09-05 represents a request to amend the City of Huntington Beach ZSO pursuant to Chapter 247 of the ZSO to reflect the CCC and City Council's action on the Parkside Land Use Plan and other Coastal Element policies applicable to the entire coastal zone as follows: - Amend Chapter 210 Residential Districts to reference the Subarea 4K requirements applicable to the subject property (Attachment No. 5) - Amend Chapter 216 Coastal Conservation District to reference the Subarea 4K requirements applicable to the subject property and add additional performance standards for CC areas throughout the coastal zone (Attachment No. 6) - Amend Chapter 221 Coastal Zone Overlay District to add a new section for Resource Protection Requirements for New Development and add a phasing requirement, both of which are applicable to the entire coastal zone (Attachment No. 7) - Amend Chapter 230 Site Standards to incorporate a reference to the requirement to comply with federal, state, regional and local water quality regulations. This would be applicable to all development (Attachment No. 8) As part of the CCC's action on the Parkside Land Use Plan, the CCC approved a number of text changes to the City's Coastal Element. These text changes were subsequently accepted by the City Council. The Zoning Text Amendment incorporates the text changes, as well as adds consistency language, within the appropriate zoning chapters. Local Coastal Program Amendment No. 09-01 represents a request to amend the City's Local Coastal Program Implementing Ordinances pursuant to Zoning Map Amendment No. 96-5 (R) and Zoning Text Amendment No. 09-05 (Attachment No. 10). The Local Coastal Program Amendment is subject to California Coastal Commission approval before becoming effective. As discussed in a separate report for the revised tentative tract map and entitlement plan amendment (revisions to the conditional use permit and approval in concept of the coastal development permit), the overall project is a request to subdivide approximately 50 acres of property for development of 111 single family homes, dedicate a 1.57 acre park and construct associated infrastructure improvements. The approximate 23 acres of Open -4- 5/18/2009 12:22 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/1/2009 DEPARTMENT ID NUMBER: PL09-13 Space-Conservation area will include passive park, trails, restored wetland areas, Environmentally Sensitive Habitat Area (ESHA) and associated buffers. B. BACKGROUND The Parkside Residential Development, proposed on an approximately 50 acre site for the west side of Graham St. adjacent to the East Garden Grove-Wintersburg Flood Control Channel, was approved by the City Council in 2002 for the development of 170 single family homes, approximately 3.7 acres of open space conservation area, an approximately 8 acre active/passive park and numerous infrastructure improvements. As part of the project approval, the City amended its General Plan and the Zoning and Subdivision Ordinance. Because the project site is located in the coastal zone, the City then filed a Local Coastal Program Amendment with the California Coastal Commission (CCC) to approve the land use plan and zoning for the property. In 2008 the CCC approved the Local Coastal Program Amendment for the Land Use Plan only and modified the 2002 City action by reducing the amount of land available for development from approximately 37.4 acres to 26.4 acres and increasing the amount of open space conservation area from 3.7 acres to 23.1 acres (Attachment No. 12). Subsequently, the City Council formally accepted the CCC's action and amended the City's Coastal Element accordingly (Attachment No. 13). C. STAFF ANALYSIS: The proposed request implements the City's and CCC's 2008 action. The following is a discussion of each of the entitlements: General Plan Amendment/Zoning Map Amendment The proposed revision to the previously approved General Plan Amendment mirrors the changes to the City's Coastal Element that the City Council approved in 2008. As such, it is a clean-up action to provide consistency between the General Plan Land Use Element and the Coastal Element. The revision to the General Plan Amendment does not make any changes to the Land Use Plan or text that differ from what was approved by the Coastal Commission and City for the Parkside site. The City Council staff report from 2008 (Attachment No. 11) provided a discussion of the difference between the two plans and concluded the resultant land use plan would be consistent with General Plan and Local Coastal Program goals and policies. Similarly, the proposed zoning map amendment revision would bring zoning for the site into conformance with the General Plan and Local Coastal Program (LCP) Land Use Plan. The subject property is currently an Area of Deferred Certification in the City's LCP; however, the City's zoning map has identified the site for low density residential development since the 1970s. The revision to the City's previous action on zoning for the site is consistent with the General Plan and LCP. -5- 5/18/2009 12:22 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/1/2009 DEPARTMENT ID NUMBER: PL09-13 Zoning Text Amendment The City's Zoning and Subdivision Ordinance serves as the Implementing Ordinances (Implementation Program, IP) for its Local Coastal Program. As such, when policy changes are made to the Coastal Element it is often necessary and/or advisable to make corresponding changes to the IP. As described in the City Council staff report from 2008 (Attachment No. 11), the Coastal Commission approved a number of text and policy changes to the City's Coastal Element, which were accepted and approved by the City Council, as part of its approval of the Land Use Plan for the Parkside site. Staff has incorporated the various Coastal Element text changes into four chapters of the ZSO. The key changes are listed below with the corresponding suggested modification number (from the Coastal Commission's action, Attachment No. 12) and the corresponding Coastal Element page number (Attachment No. 13) where the suggested modification was incorporated in 2008. Zoning Chapter Proposed Text Change Modification No. Coastal Element Reference 210 Section 230.04 -Add reference 5 Figure C-6a (pg. IV-C-22), Residential to the Subarea 4K Table C-2 (pp. IV-C-40-44), Districts requirements for the Parkside and Figure C-10 (pg. IV-C-46) site 216 Section 216.08 D -Add 5 Figure C-6a (pg. IV-C-22) and Coastal reference to the Subarea 4K Table C-2 (pp. IV-C-40-44) Conservation requirements for the Parkside and Figure C-10 (pg. IV-C-46) District site Section 216.18 A.8-.10 and D - 5 and Table C-2 (pp. IV-C-40-44) Add additional performance standards for CC areas 12 new policy C 7.2.7 (pg. IV-C- throughout the coastal zone 131) 221 Section 221.10 -Add a new 5 Table C-2 (pp. IV-C-40-44) Coastal Zone section for Resource Protection Overlay District Requirements for New Development Section 221.17 -Add a phasing 8 New policy C 1.1.3a (pg. IV- requirement, both of which are C-106-107) applicable to the entire coastal zone. 230 Section 230.82 - Incorporate a 10 Revised Policies C 6.1.6 (pg. Site Standards reference to the requirement to IV-C-125-126), C 6.1.16 (pg. comply water quality regulations IV-C-127) and C 6.1.25 (pg. IV-C-128); and new policy C 6.1.30 (pg. IV-C-129) With respect to the proposed text amendments to add performance standards to Section A in Chapter 216 and the new Resource Protection Requirements in Chapter 221, these were not specific suggested modifications by the Coastal Commission. Rather, the Coastal Commission included many of these provisions within the new Subarea 4K criteria applicable to the Parkside site only. In evaluating the changes to the IP, staff thought that adding these -6- 5/18/2009 12:22 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/1/2009 DEPARTMENT ID NUMBER: PL.09-13 items in a manner that would make them applicable to the entire coastal zone (as well as the Parkside site) would strengthen the City's Local Coastal Program with respect to resource protection. The Attorney's office has also included language in the purpose section of Chapter 216 for parity with the language that we already have in Chapter 221, referencing that Chapter 216 specifies permitted uses consistent with the Coastal Act, General Plan and Local Coastal Program. Local Coastal Program Amendment The majority of the subject property is designated as an "Area of Deferred Certification" within the City's Local Coastal Program (LCP). Although the majority of the site is within a non-certified area of the LCP, it has been zoned and general planned low density residential since 1971. The revisions to the Implementation Program (Zoning Map Amendment) expand the open space-conservation area consistent with the approved Coastal Element Land Use Plan and the accompanying General Plan Amendment. The other component of the LCPA is the Zoning Text Amendment, which is structured to ensure that the Coastal Element policies are adhered to. Upon approval by the City, the LCPA will be forwarded to the Coastal Commission. D. SUMMARY Staff recommends approval of General Plan Amendment No. 98-1(R), Zoning Map Amendment No. 96-5(R), Zoning Text Amendment No. 09-05 and Local Coastal Program Amendment No. 09-01 for the following reasons: 1. The proposed general plan amendment amends the General Plan Land Use Map to make it consistent with the recently updated Coastal Element Land Use Plan. The RL and OS-C land use designations allow for low density residential to be developed in a manner that is responsive to environmental resources. 2. The proposed zoning map amendment amends the City's zoning map for consistency with the General Plan and the Coastal Element Land Use Plan. The RL and CC zoning implements the RL and OS-C land use designations, respectively. 3. The proposed zoning text amendment furthers the implementation of the Coastal Element requirements relative to the Parkside side and the policies applicable throughout the coastal zone. 4. The proposed changes will result in compatible land uses and will not negatively impact surrounding properties. 5. The proposed amendments to the General Plan, Zoning and Subdivision Ordinance and Local Coastal Program will not result in significant adverse environmental impacts. -7- 5/18/2009 12:22 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 611/2009 DEPARTMENT ID NUMBER: PL09-13 Strategic Plan Goal: L-1 Establish the vision and create a land use plan for reuse of critical parcels so that the next phase of the community investment and improvement can begin. The proposed request supports and furthers the land use plan for an approximately 50 acre site that provides an almost equal amount of open space and developable land in a manner that allows the property owner to move forward with a project that will provide needed housing and public infrastructure. Environmental Status: In accordance with the California Environmental Quality Act, Environmental Impact Report (EIR) No. 97-2 was prepared by EDAW Inc., a consultant hired by the City to analyze the potential impacts associated with the Parkside project. The EIR was certified by the City Council on October 21, 2002. Subsequently, in 2008 the California Coastal Commission approved Local Coastal Program No. 01-06, modifying the land use plan for the Parkside site. The California Coastal Commission's environmental review of LCP No. 01-06 is treated as the functional equivalent of the EIR process under section 21080.5 of the California Environmental Quality Act (CEQA) and sections 15251(c) and 15265 of the State CEQA Guidelines. In order to document the changes to the City's originally approved project, an Addendum to EIR No. 97-2 was prepared by EDAW (May 2009). The Addendum concludes that there are no changes in circumstances or new information of substantial importance that would require preparation of a subsequent or supplemental EIR since certified EIR No. 97-2 and CEQA review as part of approved LCP No. 1-06 were completed. The Addendum is added to the environmental documentation for the project and is considered in the City's action on the revised project. The zoning text amendment component of the project as is it relates to the Parkside property development requirements is covered by the above referenced environmental documentation and reviews. The other components of the zoning text amendment are categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. The preparation and approval of Local Coastal Program Amendments are exempt from the requirements of CEQA, pursuant to Section 21080.9 of CEQA and Sections 15251(f) and 15265 of Title 14, California Code of Regulations. In any event, Local Coastal Program Amendment No. 09-01 is covered by the above referenced environmental documentation and reviews. -8- 5/18/2009 12:22 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/1/2009 DEPARTMENT ID NUMBER: PL09-13 Attachment(s): Vage Nunilloor, • D - • o 1. Resolution No2009-27for General Plan Amendment No. 98-1(R), a resolution of the City Council of the City of Huntington Beach approving General Plan Amendment No. 98-1(R) 2. Findings for Approval for Zoning Map Amendment No. 96-5(R) 3. Ordinance No. 3831 , adopting Zoning Map Amendment No. 96-5(R), an ordinance of the City of Huntington Beach amending the Huntington Beach Zoning and Subdivision Ordinance 4. Findings for Approval for Zoning Text Amendment No. 09-05 5. Ordinance No. 3832 an ordinance of the City of Huntington Beach amending Chapter 210 of the Huntington Beach Zoning Code relating to Residential Districts 6. Ordinance No. 3833 , an ordinance of the City of Huntington Beach amending Chapter 216 of the Huntington Beach Zoning Code relating to the Coastal Conservation District 7. Ordinance No. 3834 , an ordinance of the City of Huntington Beach - amending Chapter 221 of the Huntington Beach Zoning Code relating to the Coastal Zone Overlay District 8. Ordinance No. 3835 , an ordinance of the City of Huntington Beach amending Chapter 230 of the Huntington Beach Zoning Code relating to Site Standards 9. Findings for Approval for Local Coastal Program Amendment No. 09-01 10. Resolution NO2. n0 9_2B a resolution of the City Council of the City of Huntington Beach adopting Local Coastal Program Amendment No. 09-01 to amend the Local Coastal Program Implementing Ordinances to reflect Zoning Map Amendment No. 96-5(R) amending the zoning for the real property generally located on the west side of Graham Street, south of Kenilworth Drive and Zoning Text Amendment No. 09-05 amending chapters 210, 216, 221, and 230 of the Zoning and Subdivision Ordinance and requesting certification by the California Coastal Commission 11. City Council Staff Report Text, dated June 16, 2008 12. California Coastal Commission letter, dated May 23, 2008 13. City of Huntington Beach Coastal Element excerpts, including approved Land Use Plan for the Parkside site 14. EIR No. 97-2 15. Addendum EIR to EIR No. 97-2 16. Powerpoint presentation -9- 5/18/2009 12:53 PM ATTACHMENT # 1Ll RESOLUTION NO. 2009-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING GENERAL PLAN AMENDMENT NO. 98-1(R) WHEREAS, General Plan Amendment No. 98-1(R)proposes to amend the Land Use Plan by designating 23.1 acres of real property on the west side of Graham Street, south of Kenilworth Drive, as more particularly described on Exhibits "A" and `B" attached hereto, from RL-7 (Low Density Residential-maximum 7 units per acre) and OS-P (Open Space-Park) to OS-C (Open Space-Conservation); and General Plan Amendment No. 98-1(R) also proposes to amend the Land Use Element by adding Sub Area 4K, which encompasses the subject property on the Huntington Beach Sub-Area map (Figure LU-6) and adding Sub-Area 4K to the Community District and Subarea Schedule (Table LU-4), as more particularly described on Exhibits "E"and"F" attached hereto; and In 2002, pursuant to California Government Code,the City Council of the City of Huntington Beach approved General Plan Amendment No. 98-1 and now deems it necessary to revise that approval; and Pursuant to California Government Code, the City Council of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 98-1(R); and The City Council finds that said General Plan Amendment No. 98-1(R) is necessary for the changing needs and orderly development of the community, and is necessary to accomplish refinement of the General Plan and is consistent with other elements of the General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1: That the real property that is the subject of this Resolution (hereinafter referred to as the"Subject Property") is generally located on the west side of Graham Street, south of Kenilworth Drive, and adjacent to the East Garden Grove Wintersburg Flood Control Channel in the City of Huntington Beach, and is more particularly described in the legal description and sketch hereto as Exhibits "A," "B," "C," and"D" and incorporated by this reference as though fully set forth herein. SECTION 2: That General Plan Amendment No. 98-1, which amends the General Plan Designation for a portion of the Subject Property from Low Density Residential and Open Space-Park to Open Space Conservation(Exhibits "A" and "B"); and amends the Land Use Element by adding Sub Area 4K(Exhibits "E" and"I"'), is hereby approved. 09-1961.001/33785 1 Resolution No.2009-27 PASSED AND ADOPTED by the City Council of the City Huntington Beach at a regular meeting thereof held on the 1st day of u n e , 2009. Mayor ATTEST: APPROVED AS TO FORM: Ty'OC I e r Ik (C-iO Attorne REVIE#)ZDAPPROVED: INITI D ND APPROVED: City strator Direc or o lanning EXHIBITS A. Legal description of a portion of the Subject Property to be re-designated as Open Space- Conservation. B. Sketch of a portion of the Subject Property to be re-designated as Open Space-Conservation. C. Legal description of remaining portion of the Subject Property. D. Sketch of remaining portion of the Subject Property. E. Table LU-4 Community District and Subarea Schedule and amendments F. Figure LU-6 Huntington Beach Sub-Area Map and amendments 09-1961.001/33785 2 Resolution No.2009-27 Resolution No.2009-27 EXHIBIT"A" LEGAL DESCRIPTION In the City of Huntington Beach, County of Orange, State of California, being all of Parcels "B" and "C" and a portion of Parcel "A" as described in a Grant Deed recorded September 19, 1996 as Instrument No. 19960479182 of Official Records of said County described as follows: Beginning at a point on the southeasterly boundary �f said Grant Deed. lying South 6304o'9Q" West 1900.27 feet from the southea`skcorner thereof; thence N4d�19'31" Wept 301.91 feet to a3rnn-tangent curve concave noru,erly having a radius of 150.00 feet, a radial line to the beginning of said curve bears South 12°33'55"West; thence easterly 114.75 feet along said curve through a central angle of 43°49'57" to a reverse curve concave southeasterly having a radius of 1250.00 feet; thence northeasterly 119.12 feet along said curve through a central angle of 5°27'36" to a reverse curve concave northwesterly having a radius of 115.00 feet; thence northeasterly 113.82 feet along said curve through a central angle of 56'42'23" to a reverse curve concave southeasterly having a radius of 75.00 feet; thence northeasterly 76.19 feet along said curve through a central angle of 58°12'10" to a reverse curve concave northwesterly having a radius of 400.00 feet; thence northeasterly k 102.70 feet along said curve through a central angle of 14°42'36" to a compound curve concave northwesterly having a radius of 110.00 feet; thence northeasterly 54.65 feet along said curve through a central angle of 28'27'58" to a non-tangent curve concave westerly a having a radius of 150.00 feet, a radial line to the beginning of said curve bears South A "-�08'09" East; thence northerly 277.8..5 feet along said curve thrQugb a central angle of 106°07'5b" to a reverse curve (-uttcave northeasterly naving a radius of 10.00 feet; thence northwesterly 14.56 feet along said curve through a central angle of 83°25'39" to a reverse l e k curve concave westerly having a radius of 100.00 feet; thence northerly 39.81 feet along said curve through a central angle of 22°48'42"; thence tangent from said curve North 5°39'07"West 24.52 feet to a tangent curve concave southwesterly having a radius of 165.00 G feet; thence northwesterly 127.02 feet along said curve through a central angle of tcevised:October 28,2008 Page 1 of 2 WO No.61-15377CX H&A Legal No.5113 k. By: L.Gaston/k.vo Checked By R.Williams/jl t f R Resolution No.2009-27 i 1 ° EXHIBIT"A" LEGAL DESCRIPTION I 44°06'28"; thence non-tangent from said curve North 4°27'59" East 48.01 feet to a tangent curve concave westerly having a radius of 100.00 feet; thence northerly 34.65 feet along said curve through a central angle of 19°51'13" to a reverse curve concave easterly having a radius of 67.00 feet; thence northerly 18.47 feet along said curve through a central angle of 15°47'37"; thence tangent from said curve North 0°24'23" East 111.22 feet to the northerly boundary of said Grant Deed; thence along the northerly, westerly and southeasterly boundaries thereof the following ten courses: North 89°35'37" West 668.91 feet, South 0°10'28" West 1120.24 feet, South 89�58'29" West 155.96 feet, South 32°53'40" West 47.24 feet, South 44049'13"West 172.30 feet, South 57'36'54"West 150.89 feet, South 29037'51" West 37.58 feet, South 18°07'10" West 231.15 feet, South 26°19'31" East 95.04 feet and North 63°40'29" East 1071.59 feet to the Point of Beginning. Containing an area of 23.112 acres,more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. i t,p,ND i Lisa K.Gaston Lisa K. Gaston, L.S. No. 8299 No.8299 License Expires: December 3I, 2009 Exp.12l31109 Date: g�FDF Cp�\F���\Q e E s E v f E Revised:October 28,2008 Page 2 of 2 WO No. 61-15377CX H&A Legal No.5113 By: L.Gaston/k.vo Checked By R.Williams/jl e t Resolution No.2009-27 Resolution No.2009-27 EXHIBIT )"B„ Sketch to Accompany Legal Description --_ N89-35'37"W 218 N89°35 3T W 668. 2.64'91' N00°24' ---- �I N N74° ' o 3646"E C9 a RAD ----PRC -- --' a, C8---` J N04'27'59"E 48.01 c`ry D=44'06'28" o N R=165.00' L=127.02' MN 6=22°48'42" o- 3 R=100.00' L=39.81'_ zcv °' N72°50'25"W .' CITY OF HUNTINGTON a RAD P4C BEACH BOUNDARY N23°43'56"E .'�� CURVE TABLE _ RAD PRC -f CURVE DELTA RADIUS LENGTH - .•.. S50108'09.E %o Ci 43°49'57" 150.00' 114.75' Li FM(R=150') 5 o L: C2 5°27'36" 1250.00' 119.12' ¢ N67°29'13"W C3 56°42'23" 115.00' 113.82' 15 z RAD (R=110') ` C4 58'12'10" 75.00' 76.19' o -- 05 14°42'36" 400.00' 102.70' ti - C6 28°27'58" 110.00' 54.65' co C7 83°25'39" 10.00' 14.56' f:LJ wCD C8 19°51'13" 100.00' 34.65' o� oz AREA - ?:!112 ACRES C9 15°47'37" 67.00' Z S1 33'55" �' 0 0 - RAD-- > 3i 3; ao W U z S89°58'29°W C} v o, io r 155.96' - v o > `y,rt o r� Nr1 2�o Zo,cr Q S32°53 4 0"W U m ° 47.24'- S44°49'13"W.-_ ,`gyp Q�• i 172.30' :.. ... . . z��'� BEPR�NG�p GOON \cj � HUNSAKER & ASSOCIATES SHEA HOMES PARKSIDE ESTATES ®= I R V I N E I N C • OPEN SPACE - CONSERVATION PARCEL PLANNING - FRING SURVEYING IV Ul g,— . r�,h° , CA 9 Prt t)583-ID �Fx(e )5830759 IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA 3 DATE: 1016-00 0>F 10-28-08 "e"r� K.VO t3rCK'd -- R. WILLIAMS SCALE: 1"=200 W.O. 61-15377CX I: MWD—SH Id\51 13\E T B.dwq H&A LEGAL No. 5113 SHEET 1 OF 1 r C q Resolution No.2009-27 Resolution No.2009-27 EXHIBIT"C" LEGAL DESCRIPTION In the City of Huntington Beach, County of Orange, State of California, being that portion of Parcel "A" as described in a Grant Deed recorded September 19, 1996 as Instrument No. 19960479182 of Official Records of said County described as follows: Beginning at a point on the southeasterly boundary of said Parcel "A", lying South 63°40'29" West 1900.27 feet from the southeast corner thereof; thence North 26°19'31" West 301.91 feet to a non-tangent curve concave northerly having a radius of 150.00 feet, a radial line to the beginning of said curve bears South 12°33'55" West; thence easterly 114.75 feet along said curve through a central angle of 43°49'57" to a reverse curve concave southeasterly having a radius of 1250.00 feet; thence northeasterly 119.12 feet along said curve through a central angle of 5°27'36" to a reverse curve concave northwesterly having a radius of 115.00 feet; thence northeasterly 113.82 feet along said curve through a central angle of 56°42'23"to a reverse curve concave southeasterly having a radius of 75.00 feet; thence northeasterly 76.19 feet along said curve through a central angle of 58°12'10" to a reverse curve concave northwesterly having a radius of 400.00 feet; thence northeasterly 102.70 feet along said curve through a central angle of 14'42'36" to a compound curve concave northwesterly having a radius of 110.00 feet; thence northeasterly 54.65 feet along said curve through a central angle of 28°27'58" to a non-tangent curve concave westerly having a radius of 150.00 feet, a radial line to the beginning of said curve bears South 50°08'09" East; thence northerly 277.85 feet along said curve through a central angle of 106°07'55" to a reverse curve concave northeasterly having a radius of 10.00 feet; thence northwesterly 14.56 feet along said curve through a central angle of 83°25'39" to a reverse curve concave westerly having a radius of 100.00 feet; thence northerly 39.81 feet along said curve through a central angle of 22°48'42"; thence tangent from said curve North 5°39'07" West 24.52 feet to a tangent curve concave southwesterly having a radius of 165.00 feet; thence northwesterly 127.02 feet along said curve through a central angle of 44°06'28'; thence non- tangent from said curve North 4°27'59" East 48.01 feet to a tangent curve concave westerly having a radius of 100.00 feet; thence northerly 34.65 feet along said curve through a central angle of 19°51'13" to a reverse curve concave easterly having a radius of 67.00 feet; thence Revised: October 28,2008 June 20,2008 Page 1 of 2 WO No.61-15377CX H&A Legal No. 7173 By: LG/K.Vo Checked By R.Williams/jl Resolution No.2009-27 EXHIBIT"C" LEGAL DESCRIPTION northerly 18.47 feet along said curve through a central angle of 15°47'37"; thence tangent from said curve North 0°24'23" East 111.22 feet to the northerly boundary of said Parcel "A"; thence along the northerly, easterly and southeasterly boundaries thereof the following three courses: South 89°35'37" East 1513.73 feet, South 00°10'50" West 367.13 feet and South 63°40'29" West 1900.27 feet to the Point of Beginning. Containing an area of 26.728 acres, more or less. As shown on Exhibit "D" attached hereto and by this reference made a part hereof. LAND _ fj Lisa K.Gaston a K. Gx"ton, L.S.No_ 8299 No. 8299 License Expires: December 31, 2009 Exp.12/31109 Date: �QF CA\-�F� Revised: October 28,2008 June 20,2008 Page 1 of 2 WO No. 61-15377CX H&A Legal No.7173 By:LG/K.Vo Checked By R.Williams/jl Resolution No.2009-27 Resolution No.2009-27 soC 10:50 � 367.1� ---- EXHIBIT „D„ Sketch to Accompany Legal Description CURVE TABLE CURVE DELTA RADIUS LENGTH C1 43°49'57" 150.00' 114.75' C2 5°27'36" 1250.00' 119.12' C3 56°42'23" 115.00' 113-82' C4 58*12'10" 75.00' 76.19' C5 14°42'36" 400.00' 102.70' C6 28°27'58" 110.00' 54.65' C7 83°25'39" 10.00' 14.56' � g C8 19°51'13" 100-00' 34.65' C9 15°47'37" 67.00' 18.47' C� ................ Is, m :.. . . M O F 9 p c �O .. .: � z AREA = 26.728 ACRES �O y o N6 �,�`�l N39°01'15"W o ^ ��P�l - -RAD PCC �ao�° o v� dy �o N24'18'39"W 0620�6 5 c 6 ---RAD PRC C, r' -o`� ''-� �� 5p0�`' N82°30'49"W ° �0 717. RAD PRC CD z q \ c, N 43'S6"E C4 N25°48'26"W c `?.' RAD PRC 3 ---RAD PRC �P N31°16'02"W c�' P.O.B. ++ rn o RAD PRC S12_°33'55-W RAD �26 HUNSAKER & ASSOCIATES SHEA HOMES PARKSIDE ESTATES e, I R V I N E , I N G • RESIDENTIAL (RL) PARCEL PLANNING ® ENGINEERING • SURVEYING Three Hughes • Irvine, CA 92618 • PH:(949)583-1010 • FX:(949)583-0759 IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA DATE: 06-20-08 oAvT-, 10-28-08 DBYG LG ZK.VO B'. R. WILLIAMS SCALE: 1"=200' W.O. 61-15377CX 1s\MWD—SHEA\Id\7173\EXHIBIT D.dwg H&A LEGAL No. 7173 SHEET 1 OF 1 Resolution No.2009-27 Resolution No.2009-27 i ; E COASTAL ELEMENT , f COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE (continued) E LU"4 Subarea Characteristic Standards and Princi les 4I Permitted Uses Category: Residential High("RH") Atlanta- ' t Multi-family residential,parks and other recreational amenities,schools,and (Lake)Street open spaces. Densit tensity Category: "-30" • Heigh: four(4)stories Design and ',Category: Specific Plan cc-sp")/' E Development • equires the preparatiion and conformance to a specific or master plan. • Esta h a coh�ive, integrated residential development in accordance with the olicies and principles stipulated for "New Residential Subdiv�' r ns' olicies LU 9.3.1-9.3.4). • Allo�"v for the clust ' g of mixed density residential units and integrated commercial sites. • Require variation in buildin eights from two(2)to four(4) stories to promote visual interest and ensur ompatibility with surrounding land uses. c � 4J Permitted Uses Category: Shoreline("OS-S") Beach • Coastal and recreational uses. f P _ � t '`Design nd �L accor-dance with PPolicy"EU I41.3..���' Development 4K Permitted Uses Categories: Residential ("RL" or "RM") and Open Space-Conservation 9 F (Cont.on next ("OS-C") page) ; fl Density/Intensity Residential • Maximum of fifteen(15)dwelling units per acre Design and See Figure C-6a Development A development plan for this area shall concentrate and cluster residential units in the eastern portion of the site and include, consistent with the land use designations and Coastal Element policies, the following required information(all required information must be prepared or updated no more than one year prior to submittal of a coastal development permit application): 1. A Public Access Plan,including,but not limited to the following features: • Class 1 Bikeway (paved off-road bikeway; for use by bicyclists, walkers,joggers, roller skaters, and strollers) along the north levee of the flood control channel. If a wall between residential development and the Bikeway is allowed it shall include design features such as landscape screening, non-linear footprint, decorative design elements and/or other features to soften the visual impact as viewed from the Bikeway. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-40 Resolution No.2009-27 COASTAL ELEMENT COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued) ,✓� Subarea Characteristic Standards and Principles 4K Design and • Public vista point with views toward the Bolsa Chica and ocean (Cont.on next Development consistent with Coastal Element policies C 4.1.3,C 4.2.1,and C 4.2.3. page) • All streets shall be ungated,public streets available to the general public for parking, vehicular,pedestrian, and bicycle access. All public entry controls (e.g. gates, gate/guard houses, guards, signage, etc.) and restrictions on use by the general public (e.g. preferential parking districts,resident-only parking periods/permits,etc.)associated with any streets or parking areas shall be prohibited. • Public access trails to the Class 1 Bikeway, open space and to and within the subdivision, connecting with trails to the Bolsa Chica area and beach beyond. • Public access signage. • When privacy walls associated with residential development are located adjacent to public areas they shall be placed on the private property,and visual impacts created by the walls shall be minimized through measures such as open fencing/wall design, landscaped screening, use of an undulating or off-set wall footprint, or decorative wall features (such as artistic imprints,etc.),or a combination of these measures. 2. Habitat Management Plan for all ESHA, wetland, and buffer areas designated Open Space-Conservation that provides for their restoration and perpetual conservation and management. Issues to be addressed include,but are not limited to,methods to assure continuance of a water source to feed all wetland areas,enhancement of habitats and required buffer areas,restoration and enhancement of wetlands and environmentally sensitive habitats and required buffer areas, and fuel modification requirements to address fire hazard and avoid disruption of habitat values in buffers. 3. Archaeological Research Design consistent with Policies C 5.1.1, C 5.1.2,C 5.1.3,C 5.1.4,and C 5.1.5 of this Coastal Element. 4. Water Quality Management Program consistent with the Water and Marine Resources policies of this Coastal Element. If development of the parcel creates significant amounts of directly connected impervious surface (more than 10%)or increases the volume and velocity of runoff from the site to adjacent coastal waters,the development shall include a treatment control BMP or suite of BMPs that will eliminate, or minimize to the maximum extent practicable, dry weather flow generated by site development to adjacent coastal waters and treat runoff from at least the 85t percentile storm event based on the design criteria of the California Association of Stormwater Agencies (CASQA) BMP handbooks, with at least a 24 hour detention time. Natural Treatment Systems such as wetland detention systems are preferred since they provide additional habitat benefits, reliability and aesthetic values. 5. Pest Management Plan that, at a minimum, prohibits the use of rodenticides, and restricts the use of pesticides, and herbicides in outdoor areas,except necessary Vector Control conducted by the City or County. THE CITY OF HUNTINGTON BEACH GENERAL PLAN Resolution No.2009-27 j f COASTAL ELEMENT COMMUNITY DISTRICT AND SUBAREA SCHEDULE r .ABLE C-2 c tap inued) � � Subarea Characteristic Standards and Princi les � 4I� Design and 6. Landscape plan for non-Open Space-Conservation areas that prohibits (Cont.on neat Development the planting,naturalization,or persistence of invasive plants,and encourages ` page) low-water use plants,and plants primarily native to coastal Orange County. ii 7. Biological Assessment of the entire site. k 8. Wetland delineation of the entire site. J 9. Domestic animal control plan that details methods to be used to prevent pets from entering the Open Space-Conservation areas. Methods to be used include,but are not limited to,appropriate fencing and barrier plantings. 10. Hazard Mitigation and Flood Protection Plan, including but not limited to,the following features: ; • Demonstration that site hazards including flood and liquefaction hazards are mitigated; ' • Minimization/mitigation of flood hazard shall include the placement of F ` a FEMA certifiable, vegetated flood protection levee that achieves hazard mitigation goals and is the most protective of coastal resources including wetland and ESHA; o Assurance of the continuance, restoration and enhancement of the l wetlands and ESHA. Residential: 5 Residential development, including appurtenant development such as roads and private open space, is not allowed within any wetland, ESHA, or { required buffer areas and area designated Open Space-Conservation. Uses consistent with the Open Space-Parks designation are allowed in the residential area. All development shall assure the continuance of the habitat value and A function of preserved and restored wetlands and environmentally sensitive habitat areas within the area designated Open Space-Conservation. E i Open Space-Conservation: A. Wetlands: 6 Only those uses described in Coastal Element Policy C 6.1.20 shall be " allowed within existing and restored wetlands. z 9, All development shall assure the continuance of the habitat value and y function of wetlands. x Lr THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-42 Resolution No.2009-27 COASTAL ELEMENT COMMUNITY DISTRICT AND SUBAREA SCHEDULE T BLE C-2 cont�inuu�e-d� Subarea Characteristic Standards and Principles 4K Design and Wetland Buffer Area: (Cont.on next Development A buffer area is required along the perimeter of wetlands71designed page) separation between development impacts and habitat areas and transitional habitat. The buffer shall be of sufficient size biological integrity and preservation of the wetland the buffer protect. A minimum buffer width of 100 feet shall be established. Uses allowed within the wetland buffer are limited to: 1)those uses allowed within wetlands per Coastal Element Policy C 6.1.20; 2) a vegetated flood protection levee is a potential allowable use if, due to siting and design constraints, location in the wetland buffer is unavoidable, and the levee is the most protective of coastal resources including wetland and ESHA; 3)No active park uses(e.g. tot lots,playing fields, picnic tables,bike paths, . etc.) shall be allowed within 100 feet of wetlands preserved in the Open Space-Conservation area. B. Environmentally Sensitive Habitat Areas: Only uses dependent on the resource shall be allowed. Environmentally Sensitive Habitat Areas(ESHA)Buffer Areas: A variable width buffer area is required along the perimeter of the ESHA and is required to be of sufficient size to ensure the biological integrity and preservation of the ESHA the buffer is designed to protect. A minimum buffer width of 297 to 650 feet shall be established between all residential development or active park use and raptor habitat within the eucalyptus groves. Uses allowed within the ESHA buffer are limited to: 1)uses dependent on the resource; 2)wetland and upland habitat restoration and management; 3) vegetated flood protection levee that is the most protective of coastal resources including wetland and ESHA; 4) within the northern grove ESHA buffer only - passive park use may be allowed if it is more than 150 feet from the ESHA, but only when it is outside all wetland and wetland buffer areas, and does not include any uses that would be disruptive to the ESHA. Uses allowed within the passive park areas shall be limited to: a) nature trails and benches for passive recreation, education, and nature study; b) habitat enhancement,restoration,creation and management. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-43 Resolution No.2009-27 li COASTAL ELEMENT COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued} i Subarea Characteristic Standards and Principles 4K Design and 5) within the southern grove ESHA buffer only — a water quality Natural Development Treatment System may be allowed so long as it is located in an area that is ! most protective of coastal resources and at least 246 feet from the ESHA. 6)In addition to the required ESHA buffer described above,grading shall be prohibited within 500 feet of an occupied raptor nest during the breeding season(considered to be from February 15 through August 31); j C. Habitat Management Plan shall be prepared for all areas designated Open Space-Conservation which shall include restoration and enhancement of delineated wetlands, wetland and habitat mitigation, and establishment of appropriate buffers from development. D. Protective Fencing: Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance ` into all restored and preserved wetland and ESHA buffer areas. " Area wide Maintain and establish commercial centers to serve surrounding reside CoIIl cial F`unctional`Role neighborhoods and°the,greater community - Nodes 8A fitted Uses Category: Commercial General("CG") Community e Commercial uses permitted by the"CG"land e category. Commercial Density/Intensit Category: "-FI" Height: two(2)stories Design and Design to eve a hi levelof quality in conformance with Policy LU ;. Development 10.1.4.and Po U 10.1.12 8B Permitted Uses Category: G6`mmercia eighborhood("CM') Neigh- Commercial uses permitte the"CN land use category. borhood Commercial Density/Inte sity Category: "-FI" o Height: two(2)stories ; Design and Design to achieve a high level of quality in conformance with Policy LU Development 10.1.10 a b. ` L A THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-44 - Resolution No. 2009-27 lac o aae �ea 6G 8A S' 'a. 0za •• 58 A • V ".a.B:,. c, / r-8B 86— 5E� so ^aB \'• 4G $� eos �•• __ 4G 8B �4G 80., 80-" — 4G'� 6G _ /BG 6A J — — 6G 4G 68 _ -' 80 5E -9D- _ 6G ••e `j .&d z _ "ya U 6 8 Y Y — :6C. ••` `qG ••` aka 9F P �-83 //4G -9D 6D. 88 88ti ~4HA G fiG i 4G-.. 80 4G �• � � 7B 6G T � \88 •� 0'Dc� 7C .Yes ••� - �� ® 4G 4A _ 6G -- BF 4H 4J f^� 13 ®80 l -76' _ _ '38_ -_•.iu�.., 4E - �• `�••Padfic Coasf Highway - x - ca - C n 88 44J Padf�c LEGEND k4J \4J 4.1 z City Boundary Old Town Beach Boulevard Downtown _ PCH Coastal Corridor Civic Center Node Regional Pier Commercial Core Commercial Nodes =-- Indusinal Nodes _ � — HUNTINGTON BEACH SUB-AREA MAP J�.ts '1 y u L -6 II-LU-66 I II lJ City of Huntington Beach General Plan Res. No. 2009-27 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 1, 2009 by the following vote: AYES: Carchio, Dwyer, Bohr, Coerper, Hansen NOES: Hardy ABSENT: Green ABSTAIN: None Cit Jerk and ex-officio Merk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 ATTACHMENT NO. 2 SUGGESTED FINDINGS FOR APPROVAL ZONING MAP AMENDMENT NO. 96-5(RZ) SUGGESTED FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO. 96-5 RZ : 1. Zoning Map Amendment No. 96-5(R) represents a change to the Huntington Beach Zoning Map (District Map 433) as follows: -Designate approximately 26.4 acres of the subject site to RL-FP2-CZ (Low Density Residential-Floodplain-Coastal Zone); -Designate approximately 23.1 acres of the subject site to CC (Coastal Conservation). These changes amend the City's 2002 approval of Zoning Map Amendment No. 96- 5A and 5B by decreasing the area designated for residential development by approximately 11 acres, removing the Open Space-Parks and Recreation designation from approximately 8.4 acres and increasing the Coastal Conservation designated area by approximately 19.4 acres. The changes to the zoning map are consistent with the goals, objectives, and land use policies of the General Plan and Local Coastal Program. The proposed changes are consistent with General Plan Amendment No. 98-1(R), which is being processed concurrently and the Local Coastal Program Land Use Plan, as modified in 2008. The land uses in the surrounding area are consistent with the proposed changes in zoning because the surrounding land uses are low density residential and open space. As discussed in the environmental record for this project, there will be appropriate infrastructure and services available to support the proposed development. 2. In the case of a general land use provision, the zoning map amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The changes proposed would be compatible with the uses in the vicinity, which are primarily low density residential. 3. A community need is demonstrated for the change proposed. The changes would accommodate the need and opportunities for housing while expanding the amount of passive and active recreation area, as well as coastal conservation area, consistent with the City's General Plan and Local Coastal Program. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning map amendment provides compatible land uses, and passive and active public park space to serve the existing community. ATTACHMENT #3 ORDINANCE NO. 3831 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING MAP AMENDMENT NO. 96-5(R) WHEREAS, pursuant to the State Planning and Zoning Law,the Huntington Beach City Council has held a public hearing relative to Zoning Map Amendment No. 96-5(R), wherein it has carefully considered all information presented at said hearing, and after due consideration of the findings and all evidence presented to said City Council, the City Council finds that such zone change is proper, and consistent with the General Plan. WHEREAS, the City Council of the City of Huntington Beach held a public hearing relative to Zoning Map Amendment No. 96-5A on October 21, 2002 changing the base district for approximately 40 acres of real property on the subject site from RL (Low Density Residential) and RL-FP2 (Low Density Residential with a Flood Plain Overlay District) to add the Coastal Zone Overlay District(-CZ) and changing the zoning designation on approximately 8.2 acres of real property on the subject site from RA (Residential Agricultural District) and RL (Low Density Residential District) to OS-PR (Open Space—Park& Recreation Subdistrict). WHEREAS, the City Council of the City of Huntington Beach held a public hearing relative to Zoning Map Amendment No. 96-5B on October 21, 2002 prezoning approximately 1.6 acres of real property on the subject site previously under county jurisdiction as RL-FP2-CZ (Low Residential District with Floodplain and Coastal Zone Overlay District) and prezoning approximately 3.3 acres of real property on the subject site previously under county jurisdiction as CC-FP2-CZ (Coastal Conservation with Floodplain and Coastal Zone Overlay Districts). NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The approximately 19.4 acres of real property generally located on the west side of Graham Street, north of the East Garden Grove-Wintersburg Channel and 1500 feet south of Warner Avenue as more particularly described in the legal description and sketch collectively attached hereto as Exhibits "A" and "B"and incorporated by reference as though fully set forth herein is hereby changed from RL ( Low Density Residential District) and OS-PR (Open Space—Park and Recreation Subdistrict)to CC (Coastal Conservation District). SECTION 2. That the Director of Planning is hereby directed to amend Sectional District Map 33 of the Huntington Beach Zoning and Subdivision Ordinance to reflect the changes contained in this ordinance, as depicted in Exhibit"C". The Director of Planning is further directed to file the amended map. A copy of such map, as amended, shall be available for inspection in the Office of the City Clerk. 09-1961,001/33784 1 Ordinance No.3831 SECTION 4. The Ordinance shall take effect immediately upon certification by the California Coastal Commission. PASSED AND ADOPTED by the City Council of the City Huntington Beach at a regular meeting thereof held on the 15 th day of June , 2009. Mayor ATTEST: APPROVED AS TO FORM: ity Clerk VCi Attorne Y ' M`5 1121�� REVIE D APPROVED: INITIXTED AN,D APPROVED: City i istrator Dire for of Planning EXHIBITS A. Legal description of a portion of the Subject Property to be re-designated as Coastal Conservation. B. Sketch of a portion of the Subject Property to be re-designated as Coastal Conservation. C. New Zoning Map of the Subject Property 09-1961.001/3 3784 2 EXHIBIT A i�i1�1�•��11 EXHIBIT"A" LEGAL DESCRIPTION ' In the City of Huntington Beach, County of Orange, State of California, being all of Parcels "B" and "C" and a portion of Parcel "A" as described in a Grant Deed recorded September 19, 1996 as Instrument No. 19960479182 of Official Records of said County described as follows: Beginning at a point on the southeasterly boundary r)f said Grant Deed. lying South 63°4n'9Q" West 1900.27 feet from the southea`s_corner thereot; thence Noi the 19'31" Wept 301.91 feet to aiRm-tangent curve concave noruherly having a radius of 150.00 feet, a radial line to the beginning of said curve bears South 12°33'55"West; thence easterly 114.75 feet along said curve through a central angle of 43°49'57" to a reverse curve concave southeasterly having a radius of 1250.00 feet; thence northeasterly 119.12 feet along said curve through a central angle of 5°27'36" to a reverse curve concave northwesterly having a radius of 115.00 feet; thence northeasterly 113.82 feet along said curve through a central angle of 56'42'23" to a reverse curve concave southeasterly having a radius of 75.00 feet; thence northeasterly 76.19 feet along said curve through a central angle of 58°12'10" to a reverse curve concave northwesterly having a radius of 400.00 feet; thence northeasterly z 102.70 feet along said curve through a central angle of 14'42'36" to a compound curve r concave northwesterly having a radius of 110.00 feet; thence northeasterly 54.65 feet along said curve through a central angle of 28'27'58" to a non-tangent curve concave westerly having a radius of 150.00 feet, a radial line to the beginning of said curve bears South Kn'08'09" East; thence northerly 277.85 feet along said cuvx thrmgh a central angle of 1W07'55' to a reverse curve concave northeasterly naving a radius of 10.00 feet; thence A northwesterly 14.56 feet along said curve through a central angle of 83°2539" to a reverse k curve concave westerly having a radius of 100.00 feet; thence northerly 39.81 feet along t said curve through a central angle of 22°48'42"; thence tangent from said curve North 5'39'07"West 24.52 feet to a tangent curve concave southwesterly having a radius of 165.00 t G feet; thence northwesterly 127.02 feet along said curve through a central angle of Revised:October 28,2008 > e Page I of 2 WO No.61-15377CX H&A Legal No.5113 L By: L.Gaston/k.vo Checked By R Williamsljl t 1 i EXHIBIT"A" LEGAL DESCRIPTION I 44°06'28"; thence non-tangent from said curve North 4°27'59" East 48.01 feet to a tangent curve concave westerly having a radius of 100.00 feet; thence northerly 34.65 feet along said curve through a central angle of 19'51'13" to a reverse curve concave easterly having a radius of 67.00 feet; thence northerly 18.47 feet along said curve through a central angle of 15°47'37"; thence tangent from said curve North 0°24'23" East 111.22 feet to the northerly boundary of said Grant Deed; thence along the northerly, westerly and southeasterly boundaries thereof the following ten courses: North 89`35'37" West 668.91 feet, South 0°10'28" West 1120.24 feet, South 89�58'29" West 155.96 feet, South 32°53'40" West 47.24 feet, South 44049'13"West 172.30 feet, South 57°36'54"West 150.89 feet, South 29°37'51" West 37.58 feet, South 18°07'10" West 231.15 feet, South 26°19'31" East 95.04 feet and North 63°40'29" East 1071.59 feet to the Point of Beginning. Containing an area of 23.112 acres,more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. �_ANp Lisa K.Gaston Lisa K. Gaston,L_S. No. 8299 No.8299 License Expires: December 31, 2009 (J., Exp.12r31109 Q Date: F0c 6AItF0� 3 1 i S f F F f l Revised:October 28,2008 a 00 1 Page�2 of 2 WO No.61-15377CX H&A Legal No.5113 By:L.Gaston(k.vo Checked By R.Williains/jl s EXHIBIT B i� �•��11 EXHIBIT „B„ 5 Sketch to Accompany Legal Description N89°35'37"W 2182.64:-:.. ._. . ; ' N89°35 37'W 668.91' ~�- NOO°24' --- N Grp N74°36'46"E C9 RAD- PRC-----___ or f C8_ a N04°27'59"E 48.01;-"" 7 y N 6=44°06'28" o R=165.00' L=127.02'-=_ MCV .... . u, ©-22°48'42" o� ... ... R=100.00' L=39.81'_ zcv °' N72°50'25"W .' OF N --- CITY - ` HUNTINGTON RAD PRC BEACH BOUNDARY N23°43'56"E CURVE TABLE RAD PRC J' o CURVE DELTA RADIUS LENGTH " ' " '' - S50'08'09.E C,o Ci 43°49'57" 150.00' 114.75' Li co RAD C2 5°27'36" 1250.00' T19. 22' ` Q N67°29'13"W_ C3 56°42'23" 115.00' 113.82' o� z RAD (R---- C4 58°12'10" 75.00' 76.19' q -- C5 14°42'36" 400.00' 102.70' C6 28°27'58" 110.00' 54.65' C7 83°25'39" 10.00' 14.5C L3 w l CD k C8 19°51'13" 100.00' 34.65' wa z AREA — 2J112 ACRES G C9 15°47'37" 67.00' 18.4T Q o o � St 33'55"W G y �r 589°58'29"W zo j ' C1 2 �'v o; �`a �'a r Q z4 t> N of r C'v S32°5 ' 'm ;0 = 3 40"41 47.24; S44°49'i3"W"-- " 2r�o O�' 172.30' `rcv_ 010 GOB a Qo / � S F HUNSAKER & ASSOCIATES SHEA HOMES PARKSIDE ESTATES PLANNING I• N E ERING> I s�uxverlN. OPEN SPACE - CONSERVATION PARCEL Three H*hes •hvbr- CA 9 FR(949)SnI010•r-x:(9 )583-0759 IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA x- °`rE` 10-16-00 0£i 10-28-08 Y� K.VO 13Ye R. WILLIAMS I SCALE: 1"=200' W.O. 61-16377CX is MWD—SH Id\51 13\E T B.dwq H&A LEGAL No. 5113 SHEET 1 OF 1 F F t C EXHIBIT C 21, Y.qY r •� c ' ti a �-" is ' '`p x mar _ ;'��.x 3��,•A- '� i +� r v '� `� 'S` -'^r _ b 3 y jU w — f2L K0.,h'r ^.;t} • _ry �§ 'ram.-.,{�..�.: `I s4 k - r__r �.6- ;�.�;}•��'.�' _ �ur" �F .ice...- • F - •�� � . ��,%..;.:;r`r, w „,�.^r 3' ."'�--""�-g't•�`ir4 .�j -�� � -�. =-9.,F,c`+ r-ti-. .. �'� ,��- - .:�sd` �vF �_ - I .I LEGEND RESIDENTIAL ElRL RESIDENTIAL LOW DENSITY OPEN SPACE I ® CC COASTAL CONSERVATION I The Zoning designation includes the -FP2 and -CZ suffixes I NEW ZONING MAP LI { Ord. No. 3831 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on June 01, 2009, and was again read to said City Council at a regular meeting thereof held on June 15, 2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Green, Bohr, Coerper NOES: Hardy ABSENT: Hansen ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on June 25,2009. In accordance with the City Charter of said City Joan L. Flynn,City Clerk CitAf Jerk and ex-officio C k Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #4Lil � ATTACHMENT NO. 4 SUGGESTED FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 09-05 SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 09-05: 1. Zoning Text Amendment No. 09-05 amends Chapter 210 (Residential Districts)to add a reference to the project development requirements for the Parkside site; amends Chapter 216 (Coastal Conservation District) to add a reference to the project development requirements for the Parkside site and add performance standards applicable throughout the coastal zone; amends Chapter 221 (Coastal Zone Overlay District)to add a new section for resource protection requirements and a phasing requirement for the entire coastal zone; and amends Chapter 230 (Site Standards) to add a reference to water quality regulations. These changes are consistent with the goals, objectives, and policies of the General Plan and Local Coastal Program, and specifically implement changes to the Coastal Element approved by the City in 2008. The amendments strengthen the protection of environmental resources in the coastal zone and reference the development requirements particular to the Parkside site are articulated in the Coastal Element. 2. In the case of a general land use provision, the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning districts for which it is proposed. The majority of the changes do not affect zoning of any property by altering density or development standards and therefore do not affect the compatibility of uses allowed and established by the General Plan and Local Coastal Program. The changes proposed relative to the Parkside site implement the land use plan of the Local Coastal Program and are therefore compatible with the uses allowed and established. 3. A community need is demonstrated for the proposed zoning text amendment to further strengthen environmental resource protection. The changes would require projects adjacent to environmental resources to implement additional measures to minimize impacts to those resources. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning text amendment implements the approved land use plan for the Parkside site and provides for added protection for environmental resources. REVISED ATTACHMENT- #,j ORDINANCE NO. 3832 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING CODE RELATING TO RESIDENTIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION I. Chapter 210 of the Huntington Beach Zoning Code is hereby amended by amending Section 210.04 to read as follows: 210.04 RL, RM, RMH,RH, and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. RL, RM, RMH, RH, and P = Permitted RMP DISTRICTS: L = Limited (see Additional Provisions) LAND USE CONTROLS PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use = Not Permitted 09-1961/33725 1 Ordinance No. 3832 RL RM RMH RMP Additional RH Provisions Residential Uses (A)(M)(Q) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D)(R) 2 - 4 units ZA P P - 5 - 9 units ZA ZA ZA - 10 or more units PC PC PC - Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, Ltd. P P P P Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P)(R)(S) Public and Semipublic (A)(0) Clubs & Lodges PC PC ZA ZA Day Care, Large-family L-6 L-6 L-6 L-6 Day Care, General L-1 ZA ZA ZA Park & Recreation Facilities L-2 L-2 L-2 L-2 Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC Residential Care, General - L-1 PC PC Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities,Minor P P P P Commercial Communication Facilities L-5 L-5 L-5 L-5 Horticulture ZA ZA ZA ZA Nurseries ZA ZA ZA ZA Visitor Accommodations Bed and Breakfast Inns - - L-4 - Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) Temporary Uses (J)(M) Commercial Filming, Limited P P P P Real Estate Sales P P P P (N) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) RL, RM, RMH, RH, and RMP Districts: Additional Provisions L-1 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre(gross acreage) or greater fronting an arterial in RL District. 09-1961/33725 2 Ordinance No. 3832 L-2 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. L-3 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. L-4 A conditional use permit from the Zoning Administrator is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. L-6 Neighborhood notification is required pursuant to Section 241.24. No architectural plans shall be required. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previously approved conditional use permit, if any, or approval of a new conditional use permit. (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens (See Section 210.08), for affordable housing(See Sections 2 10.10 and 230.14), or for density bonus (See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street; or (3) includes buildings exceeding 25 feet in height. (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition, Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s) to an existing Manufactured Home Park. (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Structures. (I) See Section 230.10: Accessory Dwelling Units. 09-1961/33725 3 Ordinance No. 3832 RL, RM,RMH, RH, and RMP Districts: Additional Provisions (J) See Section 241.20: Temporary Use Permits. (K) See Chapter 236: Nonconforming Uses and Structures. (L) See Chapter 233: Signs. (M) Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (N) See Section 230.18: Subdivision Sales Offices and Model Homes. (0) Limited to facilities on sites of fewer than 2 acres. (P) See Section 230.22: Residential Infill Lot Developments. (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee. (R) Small lot development standards for RM, RMH, and RH Districts. A conditional use permit from the Planning Commission is required for small lot residential subdivisions, including condominium maps for detached single family dwellings. See also Section 230.24: Small Lot Development Standards. (S) See Coastal Element Land Use Plan, Table C-2, for permitted uses, development requirements and restrictions applicable to development within Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal Element Land Use Plan. Subdivision design and development within Subarea 4K shall incorporate the information from the plans and studies required in Table C-2 for development of that Subarea. If there is a conflict between the requirements and restrictions of Table C-2 and other provisions of the Zoning and Subdivision Ordinance, the requirements and restrictions included in Table C-2 shall prevail. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of June , 2009. ATTEST: ayor City Clerk APPROVED AS TO FORM: REVIEW APPROVED: Ci4i Attorney Cit inistrator INITIA D AN APPROVED: ire r ofVanning 09-1961/33 725 4 Ord. No. 3832 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on June 01,2009, and was again read to said City Council at a regular meeting thereof held on June 15, 2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Green, Bohr, Coerper NOES: Hardy ABSENT: Hansen ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on June 25,2009. In accordance with the City Charter of said City Q40") Joan L. Flynn,City Clerk C Clerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California KEY INSERTIONS: Double underline DELETIONS &fike4weugh LEGISLATIVE DRAFT ORDINANCE NO. 3832 W Ic S" , R A` 6 (3268-12/94,3334-6/97,3410-3/99,3455-5/00,3568-9/02,3706-6/05,3724-02/06,3761-2/07) Sections: 210.02 Residential Districts Established 210.04 RL, RM, RMH, RH, and RMP Districts: Land Use Controls 210.06 RL, RM, RMH, RH, and RMP Districts: Property Development Standards 210.08 Development Standards for Senior Projects 210.10 Modifications for Affordable Housing 210.12 Planned Unit Development Supplemental Standards and Provisions 210.14 RMP District Supplemental Development Standards 210.16 Review of Plans 210.02 Residential Districts Established The purpose of the residential districts is to implement the General Plan and Local Coastal Program Land Use Plan residential land use designations. Five (5) residential zoning districts are established by this chapter as follows: (3334-6/97) A. The RL Low Density Residential District provides opportunities for single-family residential land use in neighborhoods, subject to appropriate standards. Cluster development is allowed. Maximum density is seven (7) units per acre. B. The RM Medium Density Residential District provides opportunities for housing of a more intense nature than single-family detached dwelling units, including duplexes, triplexes, town houses, apartments, multi-dwelling structures, or cluster housing with landscaped open space for residents'use. Single-family homes, such as patio homes, may also be suitable. Maximum density is fifteen (15) units per acre. C. The RMH Medium High Density Residential District provides opportunities for a more intensive form of development than is permitted under the medium density designation while setting an upper limit on density that is lower than the most intense and concentrated development permitted in the City. One subdistrict has been identified with unique characteristics where separate development standards shall apply: RMH-A Small Lot. Maximum density is twenty-five (25) units per acre. D. The RH High Density Residential District provides opportunities for the most intensive form of residential development allowed in the City, including apartments in garden type complexes and high rise where scenic and view potential exists, subject to appropriate standards and locational requirements. Maximum density is thirty-five (35) units per acre. E. The RMP Residential Manufactured Home Park District provides sites for mobile home or manufactured home parks, including parks with rental spaces and parks where spaces are individually owned. Maximum density is nine (9) spaces per acre. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 1 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS 210.04 RL,RM,RMH,RH, and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions"that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. (3334-6/97,3410-3/99) "P/U" designates that accessory uses are permitted,however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. (3334- 6/97,3410-3/99) Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 2 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS Stfi� RL,RM,RMH,RH, and P = Permitted RMP DISTRICTS: L = Limited(see Additional Provisions) (3334-6/97) LAND USE CONTROLS PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use - = Not Permitted RL RM RMH RMP Additional RH Provisions Residential Uses (A)(M)(Q) (3334.6/97,3410-3/99) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D)(R) (3410-3/99,3455-5/00) 2 -4 units ZA P P - (3334-6/97,3410-3/99) 5 - 9 units ZA ZA ZA - (3334-6/97,3410-3/99) 10 or more units PC PC PC - (3334-6/97,3410-3199) Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, Ltd. P P P P Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P)(R) S) (3334-6/97,3410-3/99, 3455-5100) Public and Semipublic (A)(0) (3334-6/97,3410-3/99) Clubs &Lodges PC PC ZA ZA (3334-6197,3410-3/99) Day Care, Large-family L-6 L-6 L-6 L-6 (3334-6197,3761-2/07) Day Care, General L-1 ZA ZA ZA (3334-6/97,3410-3/99) Park &Recreation Facilities L-2 L-2 L-2 L-2 (3334.6/97,3410-3/99) Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC (3334-6/97,3410-3/99) Residential Care, General - L-1 PC PC (3334-6197,3410-3199) Schools, Public or Private PC PC PC PC Utilities,Major PC PC PC PC Utilities, Minor P P P P Commercial Communication Facilities .L-5 L-5 L-5 L-5 (3568-9/02) Horticulture ZA ZA ZA ZA (3410-3199) Nurseries ZA ZA ZA ZA (3410-3/99) Visitor Accommodations Bed and Breakfast Inns - - L-4 - (3334-6197,3410-3/99) Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) (3334-6197,3410-3199) Temporary Uses (J)(M) (3334-6/97;3410-3/99) Commercial Filming, Limited P P P P Real Estate Sales P P P P (N) (3334-6/97,3410-3/99,3706-6/05 Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 3 of 22 09-1961131374 KEY INSERTIONS: Double underline DELETIONS 94iket RL,RM,RMH,RH, and RMP Districts: Additional Provisions L-1 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre(gross acreage)or greater fronting an arterial in RL District. (3410-3/99) L-2 Public facilities permitted,but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. (3334-6/97, 3410-3199) L-3 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. (3334-6/97,3410-3/99,3724-02/06) L-4 A conditional use permit from the Zoning Administrator is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. (3334-6/97,3410-3/99,3706-6/05) L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. (3568-9/02) L-6 Neighborhood notification is required pursuant to Section 241.24. No architectural plans shall be required. (3761-2/07) (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previously approved conditional use permit, if any, or approval of anew conditional use permit. (3334-6/97,3410-3199,3761-2/07) (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens (See Section 210.08), for affordable housing (See Sections 210.10 and 230.14), or for density bonus (See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street; or (3) includes buildings exceeding 25 feet in height. (3334-6/97,3410-3/99) (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition, Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s) to an existing Manufactured Home Park. (3334-6/97,3410-3/99,3706-6/05) (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 4 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS c* ik>> (H) See Section 230.08: Accessory Structures. (I) See Section 230.10: Accessory Dwelling Units. RL, RM, RMH, RH, and RMP Districts: Additional Provisions (J) See Section 241.20: Temporary Use Permits. (K) See Chapter 236: Nonconforming Uses and Structures. (L) See Chapter 233: Signs. (M) Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (3334- 6/97,3410-3/99) (N) See Section 230.18: Subdivision Sales Offices and Model Homes. (3334-6/97,3410-3/99) (0) Limited to facilities on sites of fewer than 2 acres. (3334-6/97,3410-3/99) (P) See Section 230.22: Residential Infill Lot Developments. (3334-6/97,3410-3/99) (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee. (3410-3/99) (R) Small lot development standards for RM, RMH, and RH Districts. A conditional use permit from the Planning Commission is required for small lot residential subdivisions, including condominium maps for detached single family dwellings. See also Section 230.24: Small Lot Development Standards. (3455-5/00) (S) See Coastal Element Land Use Plan, Table C-2, for permitted uses, development requirements and restrictions applicable to development within Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal Element Land Use Plan. Subdivision design and development within Subarea 4K shall incorporate the information from the plans and studies required in Table C-2 for development of that Subarea. If there is a conflict between the requirements and restrictions of Table C-2 and other provisions of the Zoning and Subdivision Ordinance the requirements and restrictions included in Table C-2 shall prevail. 210.06 RL, RM, RMH, RH, and RMP Districts: Property Development Standards The following schedule prescribes development standards for residential zoning districts and subdistricts designated on the zoning map. The columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Provisions" column refer to "Additional Development Standards" following the schedule. In calculating the number of units permitted on the site, density is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number except that one dwelling unit may be allowed on a legally created lot complying with minimum lot area. All required setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 5 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS St fi- � Any new parcel created pursuant to Title 25, Subdivisions, shall comply with the minimum building site requirements of the district in which the parcel is located unless approved as a part of a Planned Unit Development. Property Development Standards for Residential Districts RL RM RMH-A RMH RH RMP Additional Subdistrict Provisions Minimum Building Site 6,000 6,000 2,500 6,000 6,000 10 ac. (A)(B)(C) (3410.3/99) Width(ft.) 60 60 25 60 60 N/A (3334-6/97,3410-3199) Cul de sac frontage 45 45 - 45 45 N/A (3334-6197,34103/99) Minimum Setbacks (D)(R) (3334-6197,341031") Front(ft.) 15 15 12 10 10 10 (E)(F) (3334-6197,3410-3199) Side(ft.) 3;5 3;5 3;5 3;5 3;5 - (G)(1)(J) (3334-6,97,3410-3199) Street Side(ft.) 6;10 6;10 5 6;10 6;10 10 (H) (3334.6197.3410.3199) Rear(ft.) 10 10 7.5 10 10 - (I)(J) Accessory Structure (U) (3334-6/97,3410-3/s9) Garage (K) (3334-6197.3410-3199) Projections into Setbacks (L)(R) (3334-6197,341a3/99) Maximum Height(ft.) Dwellings 35 35 35 35 35 20 (M) (3334.6/97,3410.3199) Accessory Structures 15 15 15 15 15 15 (M)(R) (3410-3199) Maximum Floor Area - - 1.0 - - - (3334-6/s7.3410-3199) Ratio (FAR) (3410-3199) Minimum Lot Area per Dwelling Unit (sq. ft.) 6,000 2,904 * 1,742 1,244 - (3334-6/97,3410-3199) Maximum Lot Coverage(%) 50 50 50 50 50 75 (V) (3334-6197.3.410-3199) Minimum Floor Area (N) (3334-6/97.34143/99) Minimum Usable Open Space (0) Courts (P) (3334-6/97,3410-3199) Accessibility within Dwellings (Q) 3410-3199) Waterfront Lots (R) (3334-6/97,3410-3/99) Landscaping See Chapter 232 (S) (3334.6/97,3410-3199) Pences and Walls See Section 230.88 Lighting (T) (3334-6/97,34103199) Underground Utilities See Chapter 17.64 Screening of Mechanical Equipment See Section 230.76 Refuse Storage Areas See Section 230.78 3410-3/99) Antenna See Section 230.80 3410-3/99) Performance Standards See Section 230.82 Off-Street Parking and Loading See Chapter 231 Signs See Chapter 233 Nonconforming Structures See Chapter 236 Accessory Structures See Chapter 230.08 (3706-6105) * Lots 50 feet or less in width= 1 unit per 25 feet of frontage Lots greater than 50 feet in width= 1 unit per 1,900 square feet N/A =Not applicable Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 6 of 22 09-1961131374 KEY INSERTIONS: Double underline DELETIONS &fi�gl3 RL, RM, RMH,RH, and RMP Districts: Additional Development Standards (A) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (B) See Section 230.66: Development on Lots Divided by District Boundaries. (C) The minimum lot area shall be 12,000 square feet for General Day Care, General Residential Care, and Public or Private Schools, except minimum lot area for General Day Care in the RL district shall be one(1) gross acre. (3334-6/97,3410-3/99) (D) Building Separation. The minimum spacing between buildings including manufactured home units shall be 10 feet. (3334-6197,3410-3/99) (E) Variable Front Setback for Multi-family Projects. Projects with more than 4 units in the RM District,more than 8 units in the RMH District, or more than 14 units in the RH District shall provide a minimum setback of 15 feet from any public right-of-way. Minimum 50% of the garages shall be set back 20 feet from the front property line. (See Section 210.12B.) (3334-6/97, 3410-3/99) (F) Upper-story Setbacks for Multi-family Structures. The covered portion of all stories above the second story in any multi-family structure shall be set back an average of 10 feet from the second floor front facade(see Exhibit). (3334-6/97,3410-3/99) average 10' setback OD D 0 � Q � QD D � Q � 0 � 0 � 0 ^_10-U PSS PCX UPPER STORY SETBACK Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 7 of 22 09-1961131374 KEY INSERTIONS: Double underline DELETIONS &r-i�gk RL,RM,RMH,RH, and RMP Districts: Additional Development Standards (G) Interior Side Setback (1) In the RL, RM, RMH, including RMH-A subdistrict, and RH Districts, interior side setbacks shall be minimum 10% of lot width,but not less than 3 feet and need not exceed 5 feet, except as stated below. (3334-6/97,3410-3/99) (2) For projects in the RM, RMH, including RMH-A subdistrict, and RH Districts adjoining an RL District, interior side setbacks shall be at least: (a) 10 feet for units in single-story or two-story buildings. (b) 14 feet for units above two stories. Subject to approval of a conditional use permit,the Zoning Administrator or the Planning Commission,may approve upper-story setbacks in lieu of an increased side setback if the second and third stories are set back the required distance. (3334-6/97,3410-3/99) (H) Street Side Setbacks (1) In the RL, RM, RMH (excluding RMH-A subdistrict), and RH districts, the street side yard shall be 20 percent of the lot width,minimum 6 feet and need not exceed 10 feet. (3334-6/97,3410-3/99) (2) In the RMH-A subdistrict, street side setback shall be minimum 5 feet. (3410-3/99) (3) For projects with 10 or more multi-family units (including RMH-A subdistrict), the street side setback shall be the same as the front setback. (3334-6/97,3410-3/99) (1) Building Walls Exceeding 25 Feet in Height. The required interior side or rear setback adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, and located on a lot 45 feet wide or greater, shall be increased three feet over the basic requirement. (3334-6/97,3410-3/99) (J) Zero Side or Rear Setback. (1) A zero interior side setback may be permitted provided that the opposite side setback on the same lot is minimum 20% of the lot width, not less than 5 feet, and need not exceed 10 feet, and shall be subject to the requirements listed in subsection (3)below. (3334-6197,3410-3/99) (2) A zero rear setback may be permitted provided that the opposite rear setback for the adjacent lot is either zero or a minimum of 10 feet, and subject to the requirements listed in subsection (3)below. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 8 of 22 09-1 961/3 1 3 74 KEY INSERTIONS: Double underline DELETIONS &ri' RL,RM,RMH,RIB, and RMP Districts: Additional Development Standards (3) A zero side or rear setback may be permitted subject to the following requirements: (3334- 6/97,3410-3/99) (a) The lot adjacent to the zero side or rear setback shall either be held under the same ownership at the time of application or a deed restriction or agreement approved as to form by the City Attorney shall be recorded giving written consent of the adjacent property owner. (3334-6/97) (b) A maintenance easement, approved as to form by the City Attorney, shall be recorded between the property owner and the owner of the adjacent lot to which access is required in order to maintain and repair a zero lot line structure. Such easement shall be an irrevocable covenant running with the land. No building permits shall be issued until such recorded maintenance easement has been submitted. (3334-6/97) (c) Separation between the proposed structure and any structure on an adjacent lot shall either be zero or a minimum of 5 feet. (3334-6197,3410-3/99) (d) No portion of the dwelling or any architectural features shall project over the property line. (3334-6/97) (e) The zero setback shall not be adjacent to a public or private right-of-way. (3334-6/97) (f) Exposure protection between structures shall be provided as specified by the Fire Department and Building Division. (3334-6/97) (4) Double zero side setbacks may be permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 210.12 B. (3334-6/97, 3410-3/99) (K) Garage Setbacks. Setbacks for the main dwelling shall apply, except as specifically stated below: (1) Front entry garage- 20 feet (2) Side entry garage - 10 feet (3) Garage with alley access - 5 feet For garages with rear vehicular access from an alley and located on a lot 27 feet wide or less, the side setback adjacent to a street or another alley may be reduced to 3 feet. A minimum 25 foot turning radius is required from the garage to the opposite side of the street, alley, drive aisle or driveway. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 9 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS ~' RL,RM, RMH,RH, and RMP Districts: Additional Development Standards r.._.._.._.._.._.._.._..-. _ i ATTACHED FRONT i ENTRY GARAGE Property line Minimum 20' from i garage to property line Street Sidewalk I j i ATTACHED SIDE ENTRY GARAGE i j — Property Line Minimum 10' from garage to property line Min 25LJ Street Sidewalk Radius Property line Alley — Minimum 25' from garage to property line on the other side of the existing alley - r Minimum 5' from garage to property line 4 -----Property line i GARAGE WITH ENTRY FROM REAR ALLEY Sidewalk Street Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 10 of 22 09-1961131374 KEY INSERTIONS: Double underline DELETIONS &Wik n a RL,RM, RMH,RH, and RMP Districts: Additional Development Standards (L) Projections into Setbacks. (1) See Section 230.68: Building Projections into Yards. (2) Balconies and bay windows may project into required setbacks and usable open space areas subject to Section 230.68,provided that balconies have open railings, glass, or architectural details with openings to reduce visible bulk. Balconies composed solely of solid enclosures are not allowed to project into required setbacks. (3334-6/97,3410-3199) (M) Height Requirements. See Section 230.70 Measurement of Height, and Section 230.72 Exceptions to Height Limits. (1) Single Family Dwellings in all residential districts, except lots in the RMH-A subdistrict with less than 50 feet of frontage shall comply with the following standards: (3334-6/97,3410- 3/99) (a) Second story top plate height shall not exceed twenty-five(25) feet measured from the top of the subfloor/slab directly below. (3334-6/97,3410-3/99) (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty(30)feet. (3334-6/97,3410-3/99) (c) Maximum building height for Main Dwellings shall be thirty-five(35) feet; however, Main Dwellings exceeding thirty(30) feet in height shall require approval of a Conditional Use Permit by the Zoning Administrator. (3268-12194)(3334-6/97) (d) Habitable area,which includes rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions: (3334-6/97,3410-3/99) (1) Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are set back five(5) feet from the building exterior and do not exceed the height limits as stated above. (3334-6/97) (2) Windows and deck areas above the second story plate line shall orient toward public rights-of-way only. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 11 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS &rike�h Dormers,decks and other architectural features must Habitable Areas are: be setback 5' from • confined within the building exterior roof volume • accessed from within the main dwelling • subject to conditional 5' use permit approval HABITABLE AREA ABOVE SECOND STORY TOP-PLATE LINE FOR SINGLE FAMILY DWELLINGS IN ALL RESIDENTIAL DISTRICTS EXCEPT RMH-A SUBDISTRICT (3410-3/99) (e) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. (3334-6/97,3410-3/99) Two vertical cross-sections through the property(front-to-back and side-to-side)that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (3334-6/97,3410-3/99) S iigle Family Dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage shall comply with the following standards: (3334-6/97,3410-3/99) (a) Second story top plate height shall not exceed twenty-five(25) feet measured from the top of the subfloor/Slab directly below. (3334-6/97,3410-3/99) (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty(30) feet. (3334-6/97) (c) In the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Otherwise, maximum building height shall be 35 feet. (3334-6/97,3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 12 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS Strip Front Property Line I I I I I 35'maximum I 25'maximum I height at top j height in the of roof 25' front and rear 25' of 25' the lot I j I I I I Street Rear 25' 25' j Property Line MAXIMUM BUILDING HEIGHT FOR SINGLE FAMILY DWELLINGS ON LOTS LESS THAN 50 FEET WIDE IN RMH-A SUBDISTRICT (d) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. (3334-6/97,3410-3/99) Two vertical cross-sections through the property(front-to-back and side-to-side)that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (3334-6/97,3410-3/99) (3) Accessory Structures: See Section 230.08: Accessory Structures. Accessory structures located on projecting decks abutting a waterway shall comply with the height established in subsection(R). (3334-6/97,3410-3/99) (4) Recreation Buildings: The maximum height of a recreation building for multi-family, planned residential, and mobile home park projects shall be established by the conditional use permlt. (3334-6/97) (N) Minimum Floor Area. Each dwelling unit in a multi-family building and attached single family dwellings shall have the following minimum floor area. Unit Type Minimum Area (Square Feet) Studio 500 one bedroom 650 two bedrooms 900 three bedrooms 1,100 four bedrooms 1,300 All detached single family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width. (3334-6197) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 13 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS eke u RL,RM,RMH,RH, and RMP Districts: Additional Development Standards (0) Open Space Requirements. (1) The minimum open space area(private and common) for multi-family residential projects in RM, RMH, including RMH-A subdistrict, and RH Districts shall be 25%of the residential floor area per unit(excluding garages). (3334-6197,3410-3/99,3706-06/05) (2) Private Open Space. (a) Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and 6 feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. (3334-6/97) (b) The following minimum area shall be provided: Unit Type Minimum Area (Sq.Ft.) Units Above Ground Floor Units Ground Floor Studio/1 bedroom 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 (3334-6/97) (c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 42 inches in height. (3334-6197,3410-3/99) (d) A maximum of 50% of the private open space requirement,maybe on open decks above the second story subject to approval of a conditional use permit by the Zoning Administrator,provided that no portion of such deck exceeds the height limit. (3410-3/99,3706-6/05) (e) Patio and balcony enclosures within existing planned developments or apartment complexes shall be subject to the following conditions: (3706-6/05) 1. A maximum of one enclosure per unit shall be allowed. (3706-6/05) 2. The existing balcony or patio area shall not be enlarged. (3706-6/05) 3. The balcony or patio enclosure shall comply with the current setback and height requirements for the district in which the site is located. (3706-6/05) 4. The enclosure shall consist entirely of transparent materials, i.e., no solid walls or opaque walls, except an existing solid roof may be part of the enclosure. (3706-6/05) 5. No structural change shall occur to the interface wall and doorway between the enclosure and the adjacent inside room of the building, unless the balcony/patio is replaced with equivalent unenclosed area for use as private open space. (3706-6/05) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 14 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS gtfi 6. The enclosed area shall be considered as private open space and may be counted toward current private open space requirements. (3706-6io5) 7. Required egress for fire escape routes shall be maintained. (3706-6105) (3) Common Open Space. (a) Common open space,provided by interior side yards,patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways, parking areas,or area required for front or street side yards. (3334-6/97,3410-3/99,3706-06/05) (b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool, tennis court, volleyball court, outdoor cooking facility, or other recreation facility. (3334-6/97,3410-3/99,3706-06/05) (4) The Director may allow a reduction in the open space requirement to 10%of the livable area per unit for projects with less than 10 units and located within walking distance of 1,000 feet of a public park or beach. (3334-6/97,3410-3/99) (P) Courts Opposite Windows in RM,RMH, and RH Districts (excluding the RMH-A sub- district). Courts shall be provided in all multi-family projects in the RM, RMH, and RH Districts subject to the following requirements: (3334-6/97,3410-3/99) (1) Courts Opposite Walls on the Same Site: The minimum depth of a court shall be one-half the height of the opposite wall but not less than 20 feet opposite a living room and 14 feet opposite a required window for any other habitable room (see diagrams below). (3334-6/97, 3410-3/99) (2) Courts Opposite Interior Property Lin e: The minimum distance between a required window of a habitable room and a property line shall be 10 feet. (3334-6/97,3410-3/99) (3) Court Dimensions: Courts shall be minimum 20 feet wide (minimum 10 feet on either side of the centerline of the required window) and shall be open to the sky. Eaves may project a maximum 2 feet into a court. (3334-6/97,3410-3199) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 15 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS ettretrgh RL, RM,RMH,RH, and RMP Districts: Additional Development Standards Section A I Section B I Section C Living room ' window T I I 1/2 Height of � 20 ft. I 14 ft. Opposit wall Not less than I ft. 1 Living room window I Living room I window 1 i h Living room Living room Living room window window window h/2 ► a-- 20 ft. Section A Section B "00/ Other room Other room window window 14 ft. Section C 910-CRT.CDR COURTS OPPOSITE WINDOWS (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 16 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS �Eril� RI.,RM,RMH,RH, and RMP Districts: Additional Development Standards (Q) All habitable rooms in a dwelling unit must be accessible from within the dwelling. (3334-6/97, 3410-3/99) (R) Waterfront Lots. Projecting decks,windscreens, fencing,patio covers and solariums on waterfront lots may be permitted subject to the development standards set forth in this Chapter, Chapter 245, Chapter 17.24, and the following requirements: (3334-6/97) (1) Projecting Decks. Decks on waterfront lots may project 5 feet beyond the bulkhead provided the decks comply with the side setbacks required for the main dwelling. (3334- 6/97,3410-3/99) (2) Windscreens. Windscreens may be permitted if constructed of light-weight materials such as plastic, canvas, fiberglass,tempered glass or metal, except for necessary bracing and framing. The maximum height for windscreens shall be 7 feet above the finished surface of the deck at the bulkhead line. (3334-6/97) (3) Fencing. All portions of fencing within the required rear setback area shall comply with Chapter 230.88 and the visibility provisions below. (3334-6/97,3410-3/99) (4) Solariums. Solariums(patio enclosures)may project a maximum of 30 inches over the bulkhead. In all cases,the solarium shall maintain a 45 degree(45°) visibility angle as measured from the main dwelling building line extended to the side property line. The maximum height shall not exceed the top of the first floor ceiling joist. (3334-6/97,3410-3/99) (5) Patio Covers. Patio covers (including eaves) may be permitted to project 5 feet into the rear yard setback,however, construction materials shall allow compliance with visibility provisions below. (3334-6/97,3410-3/99) (6) Visibility. The portion of any windscreen, fence or patio cover in the rear yard setback or solarium above 36 inches in height shall be composed of materials and design which allow a minimum of 85%transmission of light and visibility through the structure in each direction when viewed from any angle. (3334-6/97) (7) Removal. Decks, solariums and windscreens projecting over waterways which do not comply with the above provisions may be removed by the city upon 30-days' written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. (3334-6/97) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 17 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS Stfi�;r RL,RM,RMH,RH, and RMP Districts: Additional Development Standards Bulkhead Solarium Projecting deck 2 1/2' Max. T5 45 `> _ ? 1 ■ • min. house 5' min. . I ■ Property line I WATERFRONT LOT PROJECTIONS (3334-6/97) ( ; Landscaping (1) A minimum 40% of the front yard shall be landscaped. For single family residences in the RMH-A subdistrict, a minimum 3 foot wide landscape planter along the front property line(excluding max. 5 ft. wide walkway) may be provided in lieu of the 40% requirement. A maximum 18 inch high planter wall may be constructed along the front property line. (3334-6/97,3410-3/99) (2) All required trees specified in Chapter 232 shall be provided. (3410-3/99) (3) All subdivisions shall provide a minimum 5 foot wide landscaped area along arterial street/highway property lines. The actual required width shall be determined during the planning process. Maintenance of said landscaped area shall be by a homeowners association, property owner or other method approved by the City of Huntington Beach. (3334-6/97,3410-3/99) (T) Li tin . A lighting system shall be provided in all multi-family projects along all vehicular access ways and major walkways. Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. A lighting plan shall be submitted for approval by the Director. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 18 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS >3triligh RL,RM,RMH,RH, and RMP Districts: Additional Development Standards (U) See Section 230.08: Accessory Structures (3334-6/97,3410-3/99) (V) Solid patio covers open on at least 2 sides may be permitted an additional 5% site coverage. Open lattice patio covers are exempted from site coverage standards. (3410-3/99) 210.08 Development Standards for Senior Projects This section establishes development standards for Senior Residential Projects that may be permitted by the Planning Commission. (3334-6/97,3410-3/99) A. Minimum Floor Area. Each dwelling unit shall have a minimum floor area of 450 square feet. (3334-6/97,3410-3/99) B. Minimum Setbacks. The project shall comply with the minimum setback requirements of the district applicable to the site. (3334-6/97) C. Minimum Distance between BuildiM. Minimum building separation shall be 10 feet. (3334-6/97,3410-3/99) D. Building Design. No structure shall exceed 180 feet in length. To provide variation in building facades, two of the following architectural elements are required as part of each building: sloped roofs;bay windows; awnings; roof eaves; cornices;balconies; or patios. (3334-6/97) E. Open Space Requirements. (3334-6/97,3410-3/99) 1. Private Open Space: A minimum of 60 square feet of private open space for studios or one bedroom units and 120 square feet for two or more bedrooms, with minimum dimensions of 6 feet. (3334-6/97,3410-3/99) 2. Common Open Space: A minimum of 2,500 square feet for the first 50 units, and an additional 50 square feet for each unit over 50, (3334-6/97,3410-3/99) 3. Community Club House: An enclosed community or clubhouse facility containing minimum 7 square feet per unit, and a total area of minimum 400 square feet, may satisfy up to 50%of the common open space requirement. The clubhouse shall include handicapped bathrooms and kitchen facilities to be used by project residents and their guests only. (3334-6/97,3410-3/99) F. Elevators. Buildings with more than 2 levels, including living areas or parking, shall have elevators. (3334-6/97) G. Parking. Parking shall comply with Chapter 231. Any parking space over and above the one space per unit shall be marked for guest use. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 19 of 22 09-1961/31374 KEY INSERTIONS: Doublet line DELETIONS Stfil #reng RL,RM,RMH,RH, and RMP Districts: Additional Development Standards 210.10 Modifications for Affordable Housing The Planning Commission may approve a conditional use permit modifying the minimum property development standards in this chapter for affordable housing, as provided in Section 230.14. The proposed modifications shall be requested in writing by the applicant, accompanied by a detailed pro- forma,rental guidelines, deed restrictions, financial subsidies, and other types of documentation which will serve to demonstrate the need for a reduction of development standards. Modifications to the standards may include,but are not limited to,the parking requirements and open space. The specific standard(s) from which the applicant is requesting relief shall be identified and alternative development standard(s)proposed. (3334-6/97,3410-3/99) 210.12 Planned Unit Development Supplemental Standards and Provisions This section establishes supplemental development standards and provisions that shall apply to all planned unit developments. (3334-6/97) A. Maps. A tentative and final or parcel map shall be approved pursuant to Title 25, Subdivisions. (3334-6/97) B. Project Design. 1. Driveway parking for a minimum of fifty percent of the units shall be provided when units are attached side by side. (3334-6/97) 2. A maximum of six units may be attached side by side and an offset on the front of the building a minimum of four(4) feet for every two units shall be provided. (3334-6/97) 3. A minimum of one-third of the roof area within a multi-story, multi-unit building shall be one story less in height than the remaining portion of the structure's roof area. (3334-6/97) C. Common Areas. Every owner of a lot or dwelling unit shall own as an appurtenance to such unit or lot either an undivided interest in the common areas and facilities or a share in the corporation, community association, or limited partnership owning the common areas and facilities. (3334-6/97) D. Covenants. The developer shall submit a covenant setting forth a plan or manner of permanent care and maintenance of all common areas and communal facilities. Such covenant shall be included in the Covenant, Conditions, and Restrictions (CC&R's) applying to the property and shall be approved by the City Attorney and Director. The CC&R's shall be approved prior to final or parcel map approval and when approved, shall be recorded in the office of the Orange County Recorder. (3334-6/97) E. Maintenance. The corporation, community association, or limited partnership shall have the responsibility of maintaining the common areas and facilities as shown on the final development plans, the buildings and use of property for planned unit development. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 20 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS gtr-i RL, RM,RMH,RH, and RMP Districts: Additional Development Standards F. Sale of Lots. No dwelling unit or lot shall be sold or encumbered separately from an interest in the common areas and facilities in the development which shall be appurtenant to such dwelling unit or lot. No lot shall be sold or transferred in ownership from the other lots in the total development or approved phase of the development unless all approved community buildings, structures and recreational facilities for the total development, or approved phase thereof,have been completed, or completion is assured, by bonding or other method satisfactory to the City. (3334-6/97) G. Management Agreement. No lot or dwelling unit in the development shall be sold unless a corporation, community association, or limited partnership has been formed with the right to assess all those properties which are jointly owned with interests in the common areas and facilities in the development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Said entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units, and flexibility of assessments to meet changing costs of maintenance,repairs and services. The developer shall submit evidence of compliance with this requirement to and receive approval of the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. (3334-6/97) 210.14 RMP District Supplemental Development Standards This section establishes supplemental standards for the development of manufactured home parks. (3334-6/97) A. Individual space setbacks for manufactured homes and accessory structures shall be landscaped and are as follows: Front minimum 5 feet Side 10 feet aggregate, minimum 3 feet on any side Rear minimum 5 feet (3334-6/97,3410-3/99) B. Each space shall be provided with a minimum 150 cubic feet of enclosed, usable storage space. (3334-6/97,3410-3/99) C. The undercarriage of all manufactured homes shall be screened from view on all sides. (3334-6/97) D. A six foot high concrete or masonry wall shall be provided along all interior property lines of the manufactured home park. In addition, a 20 foot wide landscaped berm or a 10 foot wide landscaped area and a 6 foot high wall shall be located at the minimum front setback line. (3334-6/97,3410-3199) E. A boat or trailer storage area shall be provided and screened fro in view by a 6 foot high fence or wall. (3334-6/97,3410-3/99) F. Maximum site coverage for each individual manufactured home space shall be 75%. (3334-6/97,3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 21 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS &AkethFeegh RL,RM,RMH,RH,and RMP Districts: Additional Development Standards G. Projects in the RMP district shall provide a minimum common open space area of 200 square feet per manufactured home space. (3410-3/99) 210.16 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows: (3334-6/97) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator;projects on substandard lots; see Chapter 241. (3334-6197,3410-3/99) B. Design Review Board. See Chapter 244. (3334-6/97,3410-3/99) C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. (3334-6/97,3410-3/99) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 22 of 22 09-1961/31374 REVISED ATTACHMENT #6 ORDINANCE NO. 3833 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 216 OF THE HUNTINGTON BEACH ZONING CODE RELATING TO THE COASTAL CONSERVATION DISTRICT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 216 of the Huntington Beach Zoning Code is hereby amended by amending Section 216.02 to read as follows: 216.02 Purpose The purpose of the CC Coastal Conservation District is to implement the General Plan and Local Coastal Program land use designation of Open Space: Conservation; and provide for the protection, maintenance, restoration and enhancement of wetlands and environmentally sensitive habitat areas located within the Coastal Zone while allowing for appropriate utilization to occur. The CC District specifies permitted uses within areas with a CC zoning designation, consistent with the California Coastal Act of 1976 (Division 20 of the Public Resources Code), the General Plan and the Local Coastal Program Land Use Plan. The application of the CC District is not intended to authorize, and shall not be construed as authorizing the City of Huntington Beach to exercise its power in a manner which will take or damage private property for public use. This zoning ordinance is not intended to increase or decrease the rights of any owner of property under the constitution of the State of California or the United States. SECTION 2. Chapter 216 of the Huntington Beach Zoning Code is hereby amended by amending Section 216.04 to read as follows: 216.04 Definitions A. Energy Facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy. B. Environmentally Sensitive (Habitat) Area. A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. C. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, social, and technological factors. 09-1961/33723 1 Ordinance No. 3833 D. Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. E. Significant Disruption. Having a substantial adverse effect upon the functional capacity. F. Wetland. Lands within the Coastal Zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes,open or closed brackish water marshes, swamps,mudflats and fens G. Coastal-dependent Development or Use: Any development or use which requires a site on, or adjacent to,the sea to be able to function at all. H. Resource Protection Area. Any area that consists of wetlands, Environmentally Sensitive Habitat Areas, or a buffer, as are defined in the City's Local Coastal Program. SECTION 3. Chapter 216 of the Huntington Beach Zoning Code is hereby amended by amending Section 216.08 to read as follows: 216.08 Permitted Uses and Structures A. The following principal uses and structures shall be permitted in the CC District where no feasible, less environmentally damaging alternative exists and where feasible mitigation measures have been provided and are subject to issuance of a conditional use permit by the Zoning Administrator. Said permit shall insure that the uses are developed in a manner compatible with the purpose of this District. Such permitted uses are: 1. Incidental public service projects such as, but not limited to, burying cables and pipes. 2. Maintenance of existing streets and utility structures. B. The extension of Hamilton Avenue shall be permitted between Beach Boulevard and Newland Street. The precise alignment of Hamilton Avenue shall not be approved without documentation that the least environmentally damaging feasible alternative is the chosen alternative. Before the precise alignment of Hamilton Avenue can be approved, an environmental impact report shall be certified which addresses the alternative alignments for Hamilton Avenue and the mitigation needs generated from each alternative. The alternatives analysis shall include, at a minimum,the following: 1. Placing the roadway in an alignment which is most protective of wetland habitats, including the construction of the road on pilings or bridging the road over the wetlands, and 2. Limiting the width of the roadway by narrowing lanes and eliminating shoulders, and 09-1961/33723 2 Ordinance No. 3833 3. Requiring full mitigation for any impacted wetlands. No net loss of wetland shall occur. Any wetland which is filled or reduced in productivity by the project will be replaced by restoring otherwise degraded or non-functioning wetland as close as feasible to the project site. C. The following uses and structures may be permitted in the CC District subject to Planning Commission approval of a conditional use permit where there is no feasible less environmentally damaging alternative and where feasible mitigation measures have been provided. 1. New or expanded energy and coastal-dependent industrial facilities where no feasible, less environmentally damaging alternative exists and where consistent with the study titled Designation of Coastal Zone Areas Where Construction of an Electric Power Plant Would Prevent Achievement of the Objectives of the California Coastal Act of 1976 (re-adopted by the California Coastal Commission December 1985). 2. Diking, dredging and filling which are necessary for the protection, maintenance, restoration or enhancement of the environmentally sensitive habitat area's functional capacity. 3. Flood Control Facilities. a. Maintenance of existing modified flood control facilities where the primary purpose is to maintain existing flood control capacity and where such maintenance is necessary for public safety or to protect existing development where there is no other feasible method for protecting structures in the flood plain. No maintenance activities shall be permitted which have the effect of draining wetlands. Maintenance activities may include: Maintenance dredging of less than 100,000 cubic yards within a 12 month period; lining of existing in-place artificial channels; increasing the height of existing levees; or changes in the cross section of the interior channel to accommodate the design capacity of existing channels when no widening of the top dimensions or widening of the outer levees is required. b. Only in conjunction with restoration plans, new flood control facilities where necessary for public safety and to protect existing development where there is no other feasible method for protecting structures in the flood plain. 4. Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. 5. Pedestrian trails and observation platforms for passive nature study; i.e., bird watching and the study of flora and fauna native to the site. Such uses may be located within an environmentally sensitive habitat area 09-1961/33 723 3 Ordinance No. 3833 provided that said use(s) are immediately adjacent to the area's peripheral edge. 6. Maintaining existing, or restoring previously dredged depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. 7. Nature study, aquaculture, or similar resource dependent activities. 8. Habitat restoration projects. 9. For the portion of any parcel which is not designated Conservation under the certified land use plan, any use authorized by and in conformance with the CV District. 10. In addition to the above uses, coastal dependent industrial facilities shall also be allowed even where inconsistent with other provisions of the certified Local Coastal Program if: a. To locate elsewhere is infeasible or causes greater environmental damage and, b. To do otherwise would adversely affect the public welfare and, C. Adverse environmental effects are mitigated to the maximum extent feasible and d. Where findings consistent with Section 216.20 can be made. D. Permitted uses, development requirements and restrictions applicable to development within Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal Element Land Use Plan are provided in the Coastal Element Land Use Plan, Table C-2. Subdivision design and development within Subarea 4K shall incorporate the information from the plans and studies required in Table C-2 for development of that Subarea. If there is a conflict between the requirements and restrictions of Table C-2 and other provisions of the Zoning and Subdivision Ordinance, the requirements and restrictions included in Table C-2 shall prevail. 216.18 Performance Standards Before the coastal development permit can be issued, the project shall comply with the following standards to the satisfaction of the Director: A. Wetlands and environmentally sensitive habitat areas that are designated for preservation after a permit hearing granting project approval on the property shall be preserved through a conservation easement, deed restriction or other similar mechanism consistent with Public Resources Code Section 30010. 09-1961/33723 4 Ordinance No. 3833 Such easements or restrictions need not authorize any public right of access or use. Exclusive use and possession of the area may remain with the applicant. 1. All feasible mitigation measures shall be incorporated into projects to minimize adverse environmental effects. a. If the project involves dredging, mitigation measures must include the following: (1) Dredging and spoils disposal must be planned and carried out to avoid significant disruption to wetland habitats and to water circulation; (2) Limitations may be imposed on the timing of the operation, the type of operation, the quantity of dredged material removed, and the location of the spoil site; (3) Dredge spoils suitable for beach replenishment shall, where feasible,be transported to appropriate beaches or into suitable longshore current systems; (4) Other mitigation measures may include opening up areas to tidal action, removing dikes, improving tidal flushing, or other restoration measures. b. If the project involves diking or filling of a wetland, the following minimum mitigation measures shall apply. These mitigation measures shall not be required for temporary or short-term fill or diking if a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. (1) If an appropriate restoration site is available, the applicant shall submit a detailed restoration plan to the Director which includes provisions for purchase and restoration of an equivalent area of equal or greater biological productivity and dedication of the land to a public agency or otherwise permanently restricting its use for open space purposes. The site shall be purchased before the dike or fill development may proceed. (2) The applicant may, in some cases, be permitted to open equivalent areas to tidal action or provide other sources of surface water. This method of mitigation is appropriate if the applicant already owns filled, diked areas which themselves are not environmentally sensitive habitat areas but may become so, if such areas were opened to tidal action or provided with other sources of surface water. (3) If no appropriate restoration sites under options (1) and (2) are available, the applicant shall pay an in-lieu fee, 09-1961/33723 5 Ordinance No. 3833 determined by the City Council, which shall be of sufficient value to an appropriate public agency for the purchase and restoration of an area of equivalent productive value, or equivalent surface area. C. The third option above shall be allowed only if the applicant is unable to find a willing seller of a potential restoration site. Since the public agency may also face difficulties in acquiring appropriate sites, the in-lieu fee shall reflect the additional costs of acquisition, including litigation and attorney's fees, as well as the cost of restoration, relocation and other costs. If the public agency's restoration project is not already approved by the Coastal Commission, the public agency may need to be a co-applicant for a coastal development permit to provide adequate assurance that conditions can be imposed to assure that the purchase of the mitigation site shall occur prior to the issuance of the permit. In addition, such restoration shall occur in the same general region (e.g., within the same stream, lake, or estuary where the fill occurred). 2. Any areas where vegetation is temporarily removed shall be replanted with a native or an adaptable species in a quantity and quality equal to the vegetation removed. 3. Pedestrian trails, observation platforms and other incidental structures shall be designed to reduce disturbance of wildlife and vegetation; examples of improvements so designed would be elevated walkways and viewing platforms, and vegetative and structural barriers to decrease disturbances from permitted uses and inhibit internal access. 4. Passive nature study uses shall include a program to control litter; examples include litter containers and "no littering" signs posted in the project area. 5. Environmentally sensitive habitat areas shall be restored and enhanced to lessen the risk of flood damage to adjacent properties. 6. Any construction, alteration or other improvement shall generally be carried out between September 15 and April 15 to avoid disturbing rare, threatened, or endangered species which utilize the area for nesting. This requirement shall not apply if it can be demonstrated to the satisfaction of the Director that no such disturbance would occur, in which case construction shall be timed to cause the least disturbance to wetland dependent species; e.g., migratory waterfowl and shorebirds. 7. Construction/maintenance activities shall be carried out in areas of minimal size. Preconstruction topography shall be restored subsequent to the conclusion of the project unless such topography is to be altered to conform with an approved restoration project. 09-1961/33723 6 Ordinance No. 3833 8. A Habitat Management Plan shall be prepared and carried out for all ESHA, wetland and buffer areas and provide for restoration, enhancement, and perpetual conservation and management. Issues to be addressed include,but are not limited to,methods to assure continuance of a water source to feed all wetland areas, enhancement of habitats and required buffer areas, restoration and enhancement of wetlands and environmentally sensitive habitats and required buffer areas, and fuel modification requirements to address fire hazard and avoid disruption of habitat values in buffers. The Habitat Management Plan shall identify goals, objectives and performance standards; procedures and technical specifications for wetland and upland planting; methodology and specifications for removal of exotic species; soil engineering and soil amendment criteria; identification of plant species and density; maintenance measures and schedules; temporary irrigation measures; protective fencing both during construction and post-construction; restoration success criteria;measures to be implemented if success criteria are not met; and long-term adaptive management of the restored areas for a period of not less than 10 years. 9. Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas;however, access to designated passive public recreational use areas shall be protected and visual impact of any barriers from open space areas shall be minimized. 10. Conservation easements (or other instruments) that serve to permanently protect the restored areas shall be recorded. B. The applicant shall demonstrate that the functional capacity is maintained or augmented through the criteria set out below unless relieved of any one or more of these requirements by the California Department of Fish and Game, and that the project does not significantly: 1. Alter existing plant and animal populations in a manner that would impair the long-term stability of the ecosystem; i.e., natural species diversity, abundance and composition are essentially unchanged as a result of the project; 2. Harm or destroy a species or habitat that is rare or endangered; 3. Harm a species or habitat that is essential to the natural biological function of a wetland or estuary; 4. Reduce consumptive (e.g., fishing, aquaculture and hunting) or nonconsumptive (e.g., water quality and research opportunity) values of a wetland or estuarian ecosystem. 09-1961/33723 7 Ordinance No. 3833 C. If the proposed project involves restoration of a degraded wetland, the applicant shall comply with California Public Resources Code Sections 30411 and 30233 to the satisfaction of the Director. D. Any areas that constituted wetlands or ESHA that are removed, altered, filled or degraded as the result of activities carried out without compliance with Coastal Act requirements shall be protected as required by the City's Coastal Element Land Use Plan. SECTION 5. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15 th day of June , 2009. ATTEST: 94i& /S goMayor City Clerk V AP P •VED AS TO FORM: REVIEW PPROVED: City Attorney �• '� Cit Ad i strator INITIATE AND PPROVED: Director Kf PA�ng 09-1961/33723 8 Ord. No. 3833 STATE OF CALIFORNIA j COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on June 01,2009 and was again read to said City Council at a regular meeting thereof held on June 15,2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy NOES: None ABSENT: Hansen ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on June 25,2009 In accordance with the City Charter of said City Joan L. Flynn,Ci_ Cler Cq Clerk and ex-officio Jerk Senior Deputy City Cie rk of the City Council of the City of Huntington Beach, California KEY INSERTIONS: Double underline DELETIONS c..ik'. LEGISLATIVE DRAFT ORDINANCE NO. 3833 11kc, ;ter`216 C�F oastal"Conseirva'tidn"OD' t�>r'c x ta:,: \ ; (3326-5/96) Sections 216.02 Purpose 216.04 Definitions 216.06 Designation of the Project Area 216.08 Permitted Uses and Structures 216.10 Economically Viable Use Determination 216.12 Prohibited Principal Uses and Structures 216.14 Required Permits/Agreements 216.16 Required Consideration of Alternatives 216.18 Performance Standards 216.20 Required Findings 216.02 Purpose The purpose of the CC Coastal Conservation District is to implement the General Plan and Local Coastal Program land use designation of Open Space: Conservation; and provide for the protection, maintenance, restoration and enhancement of wetlands and environmentally sensitive habitat areas located within the Coastal Zone while allowing for appropriate utilization to occur. The CC District specifies permitted uses within areas with a CC zoning designation, consistent with the California Coastal Act of 1976 (Division 20 of the Public Resources Code), the General Plan and the Local Coastal Program Land Use Plan. (3326-5/96) The application of the CC District is not intended to authorize, and shall not be construed as authorizing the City of Huntington Beach to exercise its power in a manner which will take or damage private property for public use. This zoning ordinance is not intended to increase or decrease the rights of any owner of property under the constitution of the State of California or the United States. (3326-5/96) 216.04 Definitions (3326-5/96) A. Energy Facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy. (3326-5/96) Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 1 of 13 09-1961/31382 KEY INSERTIONS: Double underline DELETIONS �t B. Environmentally Sensitive (Habitat) Area. A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.(3326-5/96) C. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, social, and technological factors. (3326-5196) D. Functional CapacitX. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity.(3326-5/96) E. Significant Disruption. Having a substantial adverse effect upon the functional capacity. (3326-5/96) F. Wetland. Lands within the Coastal Zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats and fens (3326-5/96) G. Coastal-dependent Development or Use: Any development or use which requires a site on, or adjacent to, the sea to be able to function at all.(3326-5/96) H. Resource Protection Area. Any area that consists of wetlands. Environmentally Sensitive Habitat Areas, or a buffer, as are defined in the City's Local Coastal Program. 216.06 Designation of the Project Area Development or subdivision of any parcel in whole or in part within the CC District shall be permitted only pursuant to an overall development plan for the entirety of all parcels that are geographically contiguous and in common ownership at the time of application. For purposes of determining common ownership pursuant to this Chapter, parcels which are owned in fee, as well as parcels subject to existing purchase options, shall be treated as commonly owned. Consistent with Government Code Section 66424, property shall be considered as contiguous pursuant to this Chapter even if separated by roads, streets, utility easements or railroad rights-of-way. (3326-5/96) 216.08 Permitted Uses and Structures A. The following principal uses and structures shall be permitted in the CC District where no feasible, less environmentally damaging alternative exists and where feasible mitigation measures have been provided and are subject to issuance of a conditional use permit by the Zoning Administrator. Said permit Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 2 of 13 09-1961/31382 KEY INSERTIONS: Double underline DELETIONS &ikeaglr shall insure that the uses are developed in a manner compatible with the purpose of this District. Such permitted uses are: (3326-5/96) 1. Incidental public service projects such as,but not limited to, burying cables and pipes. (3326-5/96) 2. Maintenance of existing streets and utility structures. (3326-5/96) B. The extension of Hamilton Avenue shall be permitted between Beach Boulevard and Newland Street. The precise alignment of Hamilton Avenue shall not be approved without documentation that the least environmentally damaging feasible alternative is the chosen alternative. Before the precise alignment of Hamilton Avenue can be approved, an environmental impact report shall be certified which addresses the alternative alignments for Hamilton Avenue and the mitigation needs generated from each alternative. The alternatives analysis shall include, at a minimum, the following: 1. Placing the roadway in an alignment which is most protective of wetland habitats, including the construction of the road on pilings or.bridging the road over the wetlands, and 2. Limiting the width of the roadway by narrowing lanes and eliminating shoulders, and 3. Requiring full mitigation for any impacted wetlands. No net loss of wetland shall occur. Any wetland which is filled or reduced in productivity by the project will be replaced by restoring otherwise degraded or non-functioning wetland as close as feasible to the project site. (3326-5/96) C. The following uses and structures may be permitted in the CC District subject to Planning Commission approval of a conditional use permit where there is no feasible less environmentally damaging alternative and where feasible mitigation measures have been provided. (3326-5/96) 1. New or expanded energy and coastal-dependent industrial facilities where no feasible, less environmentally damaging alternative exists and where consistent with the study titled Designation of Coastal Zone Areas Where Construction of an Electric Power Plant Would Prevent Achievement of'the Objectives of the California Coastal Act of 1976 (re-adopted by the California Coastal Commission December 1985). (3326-5/96) 2. Diking, dredging and filling which are necessary for the protection, maintenance, restoration or enhancement of the environmentally sensitive habitat area's functional capacity. (3326-5/96) Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 3 of 13 09-1961/31382 KEY INSERTIONS: Double underline DELETIONS c*,.ik�r 3. Flood Control Facilities. a. Maintenance of existing modified flood control facilities where the primary purpose is to maintain existing flood control capacity and where such maintenance is necessary for public safety or to protect existing development where there is no other feasible method for protecting structures in the flood plain. No maintenance activities shall be permitted which have the effect of draining wetlands. (3326-5/96) Maintenance activities may include: Maintenance dredging of less than 100,000 cubic yards within a 12 month period; lining of existing in-place artificial channels; increasing the height of existing levees; or changes in the cross section of the interior channel to accommodate the design capacity of existing channels when no widening of the top dimensions or widening of the outer levees is required. (3326-5/96) b. Only in conjunction with restoration plans, new flood control facilities where necessary for public safety and to protect existing development where there is no other feasible method for protecting structures in the flood plain. (3326-5/96) 4. Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. (3326-5/96) 5. Pedestrian trails and observation platforms for passive nature study; i.e., bird watching and the study of flora and fauna native to the site. Such uses may be located within an environmentally sensitive habitat area provided that said use(s) are immediately adjacent to the area's peripheral edge. (3326-5/96) 6. Maintaining existing, or restoring previously dredged depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. (3326-5/96) 7. in wetland afeas only, entr-anee ehannels for-fiew or- expanded beatift,—, ruvrricrvo,�-+ur�ru,,�in , identified by the DepaAment of- Fish and Game e pufsuant to subdivision (b) of Seetle" 30411, fef boating fae citie , ;f, in conjunefien ,its eh beating fto l;ties, " substantial ,,-f; of the de ade wetland ,mot. ed as a Y tl oste oa and bielegie lly-pr-edtiEtive wetland. The size of the wetland area used heating facilities, ine-luding befthing spaee, t,,,.ning bas-ins, no — tion ehannels, and o 0 suppoft ser-viee faeilifies, t ed twenty t y five o nt (250) of the de .,de . efl.,,,,1 ( not exi�z . 3326 5/96—�� 97. Nature study, aquaculture, or similar resource dependent activities. (3326-5/96) Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 4 of 13 09-1961/31382 KEY INSERTIONS: Double underline DELETIONS Stfikethfough 98. Habitat restoration projects. (3326-5/96) 4-09. For the portion of any parcel which is not designated Conservation under the certified land use plan, any use authorized by and in conformance with the CV District. (3326-5/96) 4410. In addition to the above uses, coastal dependent industrial facilities shall also be allowed even where inconsistent with other provisions of the certified Local Coastal Program if: (3326-5/96) a. To locate elsewhere is infeasible or causes greater environmental damage and, (3326-5/96) b. To do otherwise would adversely affect the public welfare and, (3326-5/96) C. Adverse environmental effects are mitigated to the maximum extent feasible and (3326-5/96) d. Where findings consistent with Section 216.20 can be made. (3326-5/96) D. Permitted uses, development requirements and restrictions applicable to development within Subarea 4K as depicted in Figure Figures C-6a and C-10 of the Coastal Element Land Use Plan are provided in the Coastal Element Land Use Plan, Table C- 2. Subdivision design and development within Subarea 4K shall incorporate the information from the plans and studies required in Table C-2 for development of that Subarea. If there is a conflict between the requirements and restrictions of Table C-2 c and other provisions of the Zoning and Subdivision Ordinance, the requirements and restrictions included in Table C-2 shall prevail. 216.10 Economically Viable Use Determination. A. Any applicant that proposes a use other than one permitted in the CC District based on the contention that the uses permitted in this district will not provide an economically viable use of his or her property shall apply for an economic viability determination in conjunction with their coastal development permit application. The application for an economic viability determination shall include the entirety of all parcels that are geographically contiguous and held by the applicant in common ownership at the time of the application. Before any application for a coastal development permit and economic viability determination is accepted for processing, the applicant shall provide the following information: (3326-5/96) 1. The date the applicant purchased or otherwise acquired the property, and from whom. (3326-5/96) 2. The purchase price paid by the applicant for the property. (3326-5/96) Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 5 of 13 09-1961/31382 KEY INSERTIONS: Double underline DELETIONS &ril�r 3. The fair market value of the property at the time the applicant acquired it, describing the basis upon which the fair market value is derived, including any appraisals done at the time. (3326-5/96) 4. The general plan, zoning or similar land use designations applicable to the property at the time the applicant acquired it, as well as any changes to these designations that occurred after acquisition. (3326-5/96) 5. Any development restrictions or other restrictions on use, other than government regulatory restrictions described in subsection 4 above, that applied to the property at the time the applicant acquired it, or which have been imposed after acquisition. (3326-5/96) 6. Any change in the size of the property since the time the applicant acquired it, including a discussion of the nature of the change, the circumstances and the relevant dates. (3326-5/96) 7. A discussion of whether the applicant has sold or leased a portion of, or interest in, the property since the time of purchase, indicating the relevant dates, sales prices, rents, and nature of the portion or interests in the property that were sold or leased. (3326-5/96) 8. Any title reports, litigation guarantees or similar documents in connection with all or a portion of the property of which the applicant is aware. (3326-5/96) 9. Any offers to buy all or a portion of the property which the applicant solicited or received, including the approximate date of the offer and offered price. (3326-5/96) 10. The applicant's costs associated with the ownership of the property, annualized for each of the last five (5) calendar years, including property taxes, property assessments, debt service costs (such as mortgage and interest costs), and operation and management costs. (3326-5/96) 11. Apart from any rent received from the leasing of all or a portion of the property, any income generated by the use of all or a portion of the property over the last five (5) calendar years. If there is any such income to report it should be listed on an annualized basis along with a description of the uses that generate or has generated such income. (3326-5/96) B. The decision-making authority shall hold a public hearing on any application for an economically viable use determination. Prior to approving a coastal development permit for a use other than one provided for in the CC District, the decision-making authority shall make the following findings: (3326-5/96) Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 6 of 13 09-1961/31382 KEY INSERTIONS: Double underline DELETIONS Strike ffough 1. Based on the economic information provided by the applicant, as well as any other relevant evidence, each use provided for in the CC District would not provide an economically viable use of the applicant's property. (3326-5/96) 2. Restricting the use of the applicant's property to the uses provided for in the CC District would interfere with the applicant's reasonable investment-backed expectations. (3326-5/96) The findings adopted by the decision-making authority shall identify the evidence supporting the findings. (3326-5/96) C. Where the decision-making authority finds that the uses provided for in the CC District would not provide an economically viable use, and that restricting the use of the applicant's property to these uses would interfere with their reasonable investment backed expectations, the uses provided for in the visitor serving commercial zoning district may be allowed as a conditional use and in the area located west of Newland Street and north of the Orange County Flood Channel only, the uses provided for in the IL Limited Industrial District may be allowed as a conditional use. A specific development proposal for a visitor serving commercial use or limited industrial use,may be denied, however, if a feasible less environmentally damaging visitor serving commercial or limited industrial alternative also would provide the applicant with an economically viable use. In addition to the other Performance Standards of Section 216.18 applicable to projects in the CC District, such a visitor serving commercial or limited industrial use shall be subject to the following development standards: (3326-5/96) 1. The area in which visitor serving commercial or limited industrial uses shall be permitted shall be the minimum amount necessary to provide the applicant with an economically viable use of his or her property. (3326-5/96) 2. The portion of the project involving visitor serving commercial or limited industrial uses shall also be subject to the standards of the CV District or the IL District. (3326-5/96) 3. Access through wetlands or environmentally sensitive habitat areas to an area proposed for visitor serving commercial or limited industrial uses shall only be allowed if necessary to provide an economically viable use of the overall development plan area. (3326-5/96) 216.12 Prohibited Principal Uses and Structures Any principal use or structure not expressly permitted is prohibited herein. (3326-5196) 216.14 Required Permits/Agreements Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 7 of 13 09-1961/31382 KEY INSERTIONS: Double underline DELETIONS c Fik. r Before the application can be considered complete, the project shall receive the following state and federal regulatory permits/agreements or a statement from the regulatory body that said permit/agreement is inapplicable. The required regulatory permits/agreements shall be forwarded to the Director prior to the submittal of said project to a decision making body. (3326-5/96) A. United States Army Corps of Engineers Section 404 and Section 10 permits; (3326-5/96) B. California Department of Fish and Game 1601 - 1603 agreements; (3326-5/96) C. State Water Resource Control Board (permit depends on the operation); (3326-5/96) D. Regional Water Quality Control Board (permit depends on the operation); (3326-5/96) E. A permit from the California State Lands Commission may also be required. (3326-5/96) 216.16 Required Consideration of Alternatives Before any application is accepted for processing, the applicant shall provide topographic, vegetative, hydrologic and soil information prepared by a qualified professional which identifies the extent of the wetlands on the property. This submittal shall also include an analysis of alternatives to the proposed project and an assessment of how the proposed project is the least environmentally damaging alternative. The analysis of alternatives shall include an assessment of how the proposed project will impact all adjacent wetlands and environmentally sensitive habitat areas, including those within the overall development plan area. (3326-5/96) 216.18 Performance Standards Before the coastal development permit can be issued, the project shall comply with the following standards to the satisfaction of the Director: (3326-5/96) A. Wetlands and environmentally sensitive habitat areas that are designated for preservation after a permit hearing granting project approval on the property shall be preserved through a conservation easement, deed restriction or other similar mechanism consistent with Public Resources Code Section 30010. Such easements or restrictions need not authorize any public right of access or use. Exclusive use and possession of the area may remain with the applicant. (3326-5/96) 1. All feasible mitigation measures shall be incorporated into projects to minimize adverse environmental effects. (3326-5/96) Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 8 of 13 09-1961/31382 KEY INSERTIONS: Double underline DELETIONS c'f'�� a. If the project involves dredging, mitigation measures must include the following: (3326-5/96) (1) Dredging and spoils disposal must be planned and carried out to avoid significant disruption to wetland habitats and to water circulation; (3326-5/96) (2) Limitations may be imposed on the timing of the operation, the type of operation, the quantity of dredged material removed, and the location of the spoil site; (3326-5/96) (3) Dredge spoils suitable for beach replenishment shall, where feasible,be transported to appropriate beaches or into suitable longshore current systems; (3326-5/96) (4) Other mitigation measures may include opening up areas to tidal action, removing dikes, improving tidal flushing, or other restoration measures. (3326-5/96) b. If the project involves diking or filling of a wetland, the following minimum mitigation measures shall apply. These mitigation measures shall not be required for temporary or short-term fill or diking if a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. (3326-5/96) (1) If an appropriate restoration site is available, the applicant shall submit a detailed restoration plan to the Director which includes provisions for purchase and restoration of an equivalent area of equal or greater biological productivity and dedication of the land to a public agency or otherwise permanently restricting its use for open space purposes. The site shall be purchased before the dike or fill development may proceed. (3326-5/96) (2) The applicant may, in some cases, be permitted to open equivalent areas to tidal action or provide other sources of surface water. This method of mitigation is appropriate if the applicant already owns filled, diked areas which themselves are not environmentally sensitive habitat areas but may become so, if such areas were opened to tidal action or provided with other sources of surface water. (3326-5/96) (3) If no appropriate restoration sites under options (1) and (2) are available, the applicant shall pay an in-lieu fee, determined by the City Council, which shall be of sufficient value to an appropriate public agency for the purchase and Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 9 of 13 09-1961/31382 KEY INSERTIONS: Double underline DELETIONS k restoration of an area of equivalent productive value, or equivalent surface area. (3326-5/96) C. The third option above shall be allowed only if the applicant is unable to find a willing seller of a potential restoration site. Since the public agency may also face difficulties in acquiring appropriate sites, the in-lieu fee shall reflect the additional costs of acquisition, including litigation and attorney's fees, as well as the cost of restoration, relocation and other costs. If the public agency's restoration project is not already approved by the Coastal Commission, the public agency may need to be a co-applicant for a coastal development permit to provide adequate assurance that conditions can be imposed to assure that the purchase of the mitigation site shall occur prior to the issuance of the permit. In addition, such restoration shall occur in the same general region (e.g., within the same stream, lake, or estuary where the fill occurred . (3326-5/96) 2. Any areas where vegetation is temporarily removed shall be replanted with a native or an adaptable species in a quantity and quality equal to the vegetation removed. (3326-5/96) 3. Pedestrian trails, observation platforms and other incidental structures shall be designed to reduce disturbance of wildlife and vegetation; examples of improvements so designed would be elevated walkways and viewing platforms, and vegetative and structural barriers to decrease disturbances from permitted uses and inhibit internal access. (3326-5/96) 4. Passive nature study uses shall include a program to control litter; examples include litter containers and "no littering" signs posted in the project area. (3326-5/96) 5. Environmentally sensitive habitat areas shall be restored and enhanced to lessen the risk of flood damage to adjacent properties. (3326-5/96) 6. Any construction, alteration or other improvement shall generally be carried out between September 15 and April 15 to avoid disturbing rare, threatened, or endangered species which utilize the area for nesting. This requirement shall not apply if it can be demonstrated to the satisfaction of the Director that no such disturbance would occur, in which case construction shall be timed to cause the least disturbance to wetland dependent species; e.g., migratory waterfowl and shorebirds. (3326-5/96) 7. Construction/maintenance activities shall be carried out in areas of minimal size. Preconstruction topography shall be restored subsequent Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 10 of 13 09-1961/31382 KEY INSERTIONS: Double underline DELETIONS gtf to the conclusion of the project unless such topography is to be altered to conform with an approved restoration project. (3326-5/96) 8. A Habitat Management Plan shall be prepared and carried out for all ESHA, wetland and buffer areas and provide for restoration, enhancement, and perpetual conservation and management. Issues to be addressed include but are not limited to methods to assure continuance of a water source to feed all wetland areas enhancement of habitats and required buffer areas, restoration and enhancement of wetlands and environmentally sensitive habitats and required buffer areas, and fuel modification requirements to address fire hazard and avoid disruption of habitat values in buffers. The Habitat Management Plan shall identify goals, obiectives and performance standards; procedures and technical specifications for wetland and upland planting; methodology and specifications for removal of exotic species; soil engineering and soil amendment criteria; identification of plant species and density; maintenance measures and schedules; temporary irrigation measures; protective fencing both during construction and post-construction; restoration success criteria; measures to be implemented if success criteria are not met; and long-term adaptive management of the restored areas for a period of not less than 10 years. 9. Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas; however, access to designated passive public recreational use areas shall be protected and visual impact of any barriers from open space areas shall be minimized. 10. Conservation easements (or other instruments) that serve to permanently protect the restored areas shall be recorded. B. The applicant shall demonstrate that the functional capacity is maintained or augmented through the criteria set out below unless relieved of any one or more of these requirements by the California Department of Fish and Game, and that the project does not significantly: (3326-5/96) 1. Alter existing plant and animal populations in a manner that would impair the long-term stability of the ecosystem; i.e., natural species diversity, abundance and composition are essentially unchanged as a result of the project; (3326-5/96) 2. Harm or destroy a species or habitat that is rare or endangered;(3326-5/96) Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 11 of 13 09-1961/31382 KEY INSERTIONS: Double underline DELETIONS Stril£etbree 3. Harm a species or habitat that is essential to the natural biological function of a wetland or estuary; (3326-5/96) 4. Reduce consumptive (e.g., fishing, aquaculture and hunting) or nonconsumptive (e.g., water quality and research opportunity) values of a wetland or estuarian ecosystem. (3326-5/96) C. If the proposed project involves restoration of a degraded wetland, the applicant shall comply with California Public Resources Code Sections 30411 and 30233 to the satisfaction of the Director. (3326-5/96) D. Any areas that constituted wetlands or ESHA that are removed, altered, filled or degraded as the result of activities carried out without compliance with Coastal Act requirements shall be protected as required by the City's Coastal Element Land Use Plan. 216.20 Required Findings It is the intent of this section to ensure an environment which is suitable for the self-perpetuation of environmentally sensitive habitat areas. (3326-5/96) A. Prior to energy production facilities being approved, the approving authority shall make the following finding with statement of facts: (3326-5/96) 1. Provision has been made for enhancement of a significant portion of the project area, to ensure preservation of plant and wildlife species. (3326-5/96) B. Prior to coastal dependent industrial facilities being approved, the approving authority shall make the following findings with statement of facts: (3326-5/96) 1. Alternative locations are infeasible or more environmentally damaging. (3326-5/96) 2. To locate the construction or expansion elsewhere would adversely affect the public welfare. (3326-5/96) 3. Adverse environmental effects are mitigated to the maximum extent feasible consistent with Section 216.18. (3326-5/96) 4. Siting is consistent with the study titled Designation of Coastal Zone Areas Where Construction of'an Electric Power Plant Would Prevent Achievement of'the Objectives of the California Coastal Act of 1976 (re-adopted by the California Coastal Commission December 1985). (3326-5/96) 5. For expansion of the Southern California Edison Plant within the area designated Industrial Energy Production/Conservation only: (3326-5/96) Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 12 of 13 0 9-1 9 6 1131 38 2 KEY INSERTIONS: Double underline DELETIONS c..-:' a. Not less than two and one-half(2 1/2) acres of wetlands southeasterly of Magnolia Street are permanently protected by conservation easements, dedications or other similar mechanisms for each acre of wetlands filled, and a program acceptable to the Department of Fish and Game is implemented to assure long term habitat enhancement or restoration of these protected wetlands. Vehicular access shall be prohibited in the wetland mitigation area protected by conservation easement or similar mechanism, and (3326-5/96) b. The infeasibility of expanding inland to the area known as the Rotary Mud Dump site (also known as the Ascon Landfill/NESI site), or other inland location, unless the Energy Commission has determined such expansion infeasible during or before the Notice of Intention proceedings. (3326-5/96) C. For any other project the applicant shall establish and the approving authority shall find that the functional capacity of the environmentally sensitive habitat area is being maintained. (3326-5/96) Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 13 of 13 09-1961/31382 REVISED ATTACHMENT #7 ORDINANCE NO. 3834 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 221 OF THE HUNTINGTON BEACH ZONING CODE RELATING TO THE COASTAL ZONE OVERLAY DISTRICT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by amending the Sections listing to read as follows: Sections: 221.02 Coastal Zone Overlay District Established 221.04 Zoning Map Designator 221.06 Requirements for Coastal Development Permit 221.07 Impermissible Alteration 221.08 Land Use Controls 221.10 Requirements for New Development Adjacent to Environmentally Sensitive Habitat Area(ESHA) 221.12 Coastal Access and Public Use Areas, Signs Required 221.14 Preservation of Visual Resources 221.16 Community Facilities 221.17 Phasing 221.18 Diking, Dredging, and Filling 221.20 Hazards 221.22 Buffer Requirements 221.24 Energy Facilities 221.26 Residential Density Limitations 221.28 Maximum Height 221.30 Off-Street Parking Requirements 221.32 Landscaping 221.34 Signs 221.36 Public Access Implementation SECTION 2. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by adding Section 221.07 to read as follows: 221.07 Impermissible Alteration Any area that constitutes wetlands or ESHA that has been removed, altered, filled or degraded as a result of activities carried out without compliance with the California Coastal Act requirements shall be protected as required by the City's Local Coastal Program Land Use Plan. 09-1961133781 1 Ordinance No. 3834 SECTION 3. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by amending Section 22 1.10 to read as follows: 221.10 Requirements for New Development Adjacent to Environmentally Sensitive Habitat Area As a condition of new development adjacent to a resource protection area, which includes any wetland, Environmentally Sensitive Habitat Area(ESHA), associated buffers, land zoned Coastal Conservation, as the same are defined in the City's Local Coastal Program, an applicant shall comply with the requirements listed below. These requirements shall be applicable to lots within new subdivisions as well as development proposed on existing lots adjacent to an ESHA, wetlands, associated buffers, resource protection areas or land zoned Coastal Conservation, unless otherwise indicated. A. Landscape Plan shall be prepared that prohibits the planting, naturalization or persistence of invasive plants, and encourages low-water plants, and plants primarily native to coastal Orange County. B. Domestic Animal Control Plan shall be prepared that details methods to be used to prevent pets from entering any resource protection areas, including but not limited to appropriate fencing and barrier plantings. C. Pest Management Plan shall be prepared that, at a minimum, prohibits the use of rodenticides, and restricts the use of pesticides, and herbicides in outdoor areas, except necessary Vector Control conducted by the City or County. D. All street lighting, exterior residential lighting and recreational lighting adjacent to resource protection areas shall minimize impacts to wildlife within the resource . protection areas. E. Covenants, Conditions and Restriction (CC&Rs) in a form approved by the Office of the City Attorney shall be recorded specifying that landscaping for individual housing lots and recreation areas that are directly adjacent to a resource projection area shall not include any exotic invasive plant species. The CC&Rs shall be binding on each of the lots, shall run with the land affected by the subdivision and shall be included or incorporated by reference in every deed transferring one or more of the lots in the subdivision. F. The project applicant shall provide any buyer of a housing unit within the CZ Overlay District an information packet that explains the sensitivity of the natural habitats within or adjacent to the project site and the need to minimize impacts on the designated resource protection area(s), and the prohibition on landscaping that includes exotic invasive plant species on lots that are directly adjacent to a resource protection area. The information packet shall include a copy of the Domestic Animal Control Plan and Pest Management Plan and be required for all sales of housing units pursuant to the CC&Rs. G. Protective fencing or barriers shall be installed and maintained between the resource protection areas and areas developed for homes or recreational use for the purpose of minimizing human and domestic animal presence in resource protection areas, including restored and preserved wetland and ESHA buffer areas; however, public access to designated passive recreational use areas shall be provided. Visual impacts created from any walls or barriers adjacent to open space conservation and passive recreational use areas shall be minimized through 09-1961/33781 2 Ordinance No. 3834 provided. Visual impacts created from any walls or barriers adjacent to open space conservation and passive recreational use areas shall be minimized through measures such as open fencing/wall design, landscape screening, use of undulating or off-set wall features, etc. H. Uses allowed adjacent to designated Environmentally Sensitive Habitat Areas shall assure the continuance of the habitat value and function of preserved and restored wetlands and ESHA. SECTION 4. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by adding Section 221.17 to read as follows: 221.17 Phasing The provision of public access and recreation benefits associated with private development(such as but not limited to public accessways, public bike paths,habitat restoration and enhancement, etc.) shall be phased such that the public benefit(s) are in place prior to or concurrent with the private development but not later than occupation of any of the private development. SECTION 5. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by amending Section 221.20 to read as follows: 221.20 Hazards As a condition of new development,the applicant shall be required to submit a report evaluating geologic, seismic, flood and fire hazards, and shall be designed to: A. Comply with all recommendations and provisions contained in the Alquist-Priolo Special Studies Zones Act (California Public Resources Code Chapter 7.5) for identified seismic hazards. B. Comply with all provisions relating to the FP Floodplain Overlay District, if applicable. C. Comply with all provisions relating to Methane Districts as defined in Chapter 17.04. D. Development in Subarea 4K as depicted in Figures C-6a, and C-10 of the Coastal Element Land Use Plan, shall comply with the approved Hazard Mitigation and Flood Protection Plan required in Table C-2 of the Coastal Element Land Use Plan. SECTION 6. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by amending Section 221.32 to read as follows: 221.32 Landscaping All projects within the CZ Overlay District shall comply with the landscape improvement requirements of Chapter 232 unless exempt, and the requirements of Section 221.10. 09-1961/33781 3 Ordinance No. 3834 SECTION 7. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by amending Section 221.36 to read as follows: 221.36 Public Access Implementation A. Purpose. The purpose of this Section includes the following: 1. To achieve the basic state goals of maximizing public access to the coast and public recreational opportunities, as set forth in the California Coastal Act codified at section 30000 through 30900 of the California Public Resources Code. Section 30001.5(c) states that public access both to and along the shoreline shall be maximized consistent with sound resource conservation principles and constitutionally protected rights of private property owners; 2. To implement the public access and recreation policies of Chapter 3 of the Coastal Act(Section 30210 - 30255); and 3. To implement the certified land use plan of the Local Coastal Program which is required by Section 30500(a)of the Coastal Act to include a specific public access component to assure that maximum public access to the coast and public recreation areas is provided. 4. In achieving these purposes, this ordinance shall be given the most liberal construction possible so that public access to the navigable waters shall always be provided and protected consistent with the goals, objectives and policies of the California Coastal Act and Article X, Section 4, of the California Constitution. B. Definitions. The following definitions shall govern the implementation of the public access requirements of the Coastal Act and this public access ordinance. 1. Development. The placement or erection of any solid material or structure on land, in or under water; discharge or disposal of any materials; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to Section 66410 of the Government Code, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; and change in the intensity of use of water, or access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public,or municipal utility; and the removal or harvesting of major vegetation. 09-1961/33781 4 Ordinance No. 3834 As used in this section "structure" includes but is not limited to, any building, road,pipe, flume, conduit, siphon, aqueduct,telephone line, and electrical power transmission and distribution line. 2. New development. For purposes of implementing the public access requirements of Public Resources Code Section 30212 and of this section, "new development" includes "development" as defined in subsection 1 above except the following: a. Structures destroyed by natural disaster. The replacement of any structure, other than a public works facility, destroyed by a disaster; provided that the replacement structure conforms to applicable existing zoning requirements, is for the same use as the destroyed structure, does not exceed either the floor area,height, or bulk of the destroyed structure by more than 10%, and is sited in the same location on the affected property as the destroyed structure. As used in this section, "disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of the owners. b. Demolition and Reconstruction. The demolition and reconstruction of a single-family residence; provided that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than 10 percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure. C. Improvements. Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height or bulk of the structure by more than 10 percent, which do not block or impede access, and which do not result in a seaward encroachment by the structure. d. Repair and Maintenance. Repair and maintenance activity which, pursuant to Public Resources Code Section 30610, requires no permit unless the activity will have an adverse impact on lateral public access along the beach. e. Reconstruction and Repair. The reconstruction or repair of any seawall; provided that the reconstructed or repaired seawall is not seaward of the location of the former structure. As used in this section, "reconstruction or repair" of a seawall shall not include replacement by a different type of structure or other modification in design or construction which results in different or greater impacts to shoreline resources than those of the existing structure. 3. Sea. The Pacific Ocean and all harbors, bays,channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks and flood control and drainage channels. 4. Types of Public Access and Recreation. a. Lateral public access: provides public access and use along or parallel to the sea. 09-1961/33781 5 Ordinance No. 3834 b. Bluffto access: provides public access and coastal viewing along a coastal blufftop area. C. Vertical access: provides a public access connection between the first public road, trail, or public use area nearest the sea and the publicly owned tidelands or established access. d. Trail Access: provides public access along a coastal recreational path, including to and along lakes, rivers, streams, freshwater marshes, flood control channels/features,-significant habitat and open space areas or similar resource areas, and which also may link inland recreational facilities to the shoreline. e. Recreational Access: provides public access to coastal recreational resources through means other than those listed above, including but not limited to parking facilities, viewing platforms and blufftop parks. 5. Character of Accessway Use. a. Pass and Repass: Refers to the right of the public to walk and run along an accessway. Because this use limitation can substantially restrict the public's ability to enjoy adjacent publicly owned tidelands by restricting the potential use of lateral accessways, it will be applied only in connection with vertical access or other types of access where the findings required by Sections O and R establish that the limitation is necessary to protect natural habitat values, topographic features (such as eroding bluffs), or privacy of the landowner. b. Passive Recreational Use: Refers to the right of the public to conduct activities normally associated with beach use, such as walking, swimming,jogging, sunbathing, fishing, surfing, picnicking,but not including organized sports, campfires, or vehicular access other than for emergencies or maintenance. C. Active Recreational Use: Refers to the right of the public to conduct the full range of beach-oriented activities, not including horseback riding and use of motorized vehicles unless specifically authorized. C. Access Required. As a condition of approval and prior to issuance of a permit or other authorization for any new development identified in 1 through 4 of this section, except as provided in subsection D, an offer to dedicate an easement(or other legal mechanism pursuant to subsection M2) for one or more of the types of access identified in subsections E-H shall be required and shall be supported by findings required by subsections O-Q;provided that no such condition of approval for coastal access shall be imposed if the analysis required by subsections 01 and 2 establishes that the development will not adversely affect, either individually or cumulatively, the ability of the public to reach and use public tidelands and coastal resources or that the access dedication requirement will not alleviate the access burdens identified or is not reasonably related to those burdens in both nature and extent. 09-1961/33781 6 Ordinance No. 3834 1. New development on any parcel or location where public access is identified in the Land Use Plan as desirable. 2. New development between the nearest public roadway and the sea. 3. New development on any site where there is substantial evidence of a public right of access to the sea acquired through use or a public right of access through legislative authorization. 4. New development on any site where a trail,blufftop access or other recreational access is necessary to mitigate impacts of the development on public access. D. Exceptions. Subsection C shall apply except in the following instances: 1. Projects excepted from the definition of"new development" in subsection B.2.a-e. 2. Where findings required by subsections O and P establish any of the following: a. Public access is inconsistent with the public safety, military security needs, or protection of fragile coastal resources; b. Adequate access exists nearby; or, C. Agriculture would be adversely affected. 3. Exceptions identified in subsection D2 shall be supported by written findings required by subsection O of this chapter. E. Lateral Public Access, Minimum Requirements. A condition to require lateral access as a condition of approval of a coastal development permit (or other authorization to proceed with development)pursuant to subsection C shall provide the public with the permanent right of lateral public access and passive recreational use along the shoreline (or public recreational area, bikeway, or blufftop area, as applicable); provided that in some cases controls on the time, place and manner of uses may be justified by site characteristics including sensitive habitat values or fragile topographic features, or by the need to protect the privacy of residential development. Active recreational use may be appropriate in many cases where the development is determined to be especially burdensome on public access. Examples include cases where the burdens of the proposed project would severely impact public recreational use of the shoreline, where the proposed development is not one of the priority uses specified in Public Resources Code Section 30222, where active recreational uses reflect the historic public use of the site,where active recreational uses would be consistent with the use of the proposed project, and where such uses would not significantly interfere with the privacy of the landowner. In determining the appropriate character of public use, findings shall be made on the specific factors enumerated in subsection P. Lateral access shall be legally described as required in subsection J. F. Vertical Public Access, Minimum Requirements. A condition to require vertical public access as a condition of approval of a coastal development permit(or other 09-1961/33781 7 Ordinance NO. 3834 authorization to proceed with development)pursuant to subsection C shall provide the public with the permanent right of access, (1) located in specific locations identified in the certified Local Coastal Program for future vertical access, or(2) located in a site for which the local government has reviewed an application for a development permit and has determined a vertical accessway is required pursuant to the access and recreation policies of the Coastal Act or the applicable provisions of the Local Coastal Program. A condition to require vertical access as a condition of approval of a coastal development permit(or other authorization to proceed with development) shall provide the public with the permanent right of vertical access and be limited to the public right of passive recreational use unless another character of use is specified as a condition of the development. In determining whether another character of use is appropriate, findings shall be made on the specific factors identified in subsection P. Each vertical accessway shall extend from the road to the shoreline (or bluff edge) and shall be legally described as required in subsection J. The access easement shall be a minimum of 10 feet wide . If a residential structure is proposed, the accessway should not be sited closer than 10 feet to the structure. G. Blufftop Access, Minimum Requirements. A condition to require public access along a blufftop as a condition of approval of a coastal development permit(or other authorization to proceed with development)pursuant to subsection C shall provide the public with the permanent right of scenic and visual access from the blufftop to the public tidelands. The blufftop access shall be limited to passive recreational use and coastal viewing purposes unless another character of use is specified as a condition of development. In determining the appropriate character of use findings shall be made on the specific factors identified in subsection P. Each blufftop accessway shall be described in the conditions of approval of the coastal development permit as an area beginning at the current bluff edge extending 25 feet inland. However, the accessway shall not extend any closer than 10 feet from an occupied residential structure. Due to the potential for erosion of the bluff edge, the condition shall include a mechanism that will cause the accessway to be adjusted inland as the edge recedes. Any permanent improvements should be set back from the accessway by a distance derived by multiplying the annual rate of blufftop retreat by the life expectancy in years of the improvements. The accessway shall be legally described as required in subsection J, with the furthest inland extent of the area possible referenced as a distance from a fixed monument in the following manner: "Such easement shall be_feet wide located along the blufftop as measured inland from the daily bluff edge. As the daily blufftop edge may vary and move inland, the location of this right of way will change over time with the then current bluff edge, but in no case shall it extend any closer than_ feet from_(a fixed inland point, such as the centerline of a public road or other easement monument)." H. Trail Access, Minimum Requirements. A condition to require public access as a condition of approval of a coastal development permit(or other authorization to 09-1961/33791 8 Ordinance No. 3834 proceed with development) pursuant to subsection C shall provide the public with the permanent right of access and active recreational use, (1)along a designated alignment of a coastal recreational path or trail in specific locations identified in the LCP for implementation of trail access, or(2) in locations where it has been determined that a trail access is required to link recreational areas to the shoreline or provide alternative recreation and access opportunities pursuant to the access and recreation policies of the LCP and Coastal Act,consistent with other provisions of this chapter. In determining if another character of use is appropriate, findings shall be made on the specific factors enumerated in subsection P. The trail access shall be legally described as required by subsection I. Protection Of Historic Public Use. 1. Siting and design requirements. Development shall be sited and designed in a manner which does not interfere with or diminish any public right of access which may have been established based on historic public use. Only when site constraints are so severe that siting of the accessway or recreational use area in its historic location would significantly impair the proposed development and alternative development siting is not feasible, development may be sited in the area of public right of access based on historic use provided that the applicant provides an equivalent area of public access or recreation to and along the same destination and including the same type and intensity of public use as previously existed on the site. Mechanisms for guaranteeing the continued public use of the area or equivalent area shall be required in accordance with subsections E through H above. 2. Minimum requirements. An access condition shall not serve to extinguish or waive public prescriptive rights. In permits where evidence shows the possibility of such prescriptive rights,the following language shall be added to the access condition: "Nothing in this condition shall be construed to constitute a waiver of any prescriptive rights which may exist on the parcel itself or on the designated easement." J. Legal Description Of An Accessway, Recordation. An access dedication required pursuant to subsection C shall be described in the condition of approval of the permit or other authorization for development in a manner that provides the public, the property owner, and the accepting agency with the maximum amount of certainty as to the location of the accessway. As part of the condition of approval, easements shall be described as follows: (1) for lateral access: along the entire width of the property from the mean high tide line to(as applicable): the toe of the bluff, the toe of the seawall, or other appropriate boundary such as stringline or dripline; (2) for blufftop access or trail access: extending inland from the bluff edge or along the alignment of a recreational trail; (3) for vertical access: extending from the road to the shoreline (or bluff edge). A privacy buffer provided pursuant to subsection L shall be described, as applicable. Prior to the issuance of the coastal development permit or other authorization for development, the landowner shall execute and record a document in a form and content acceptable to the Coastal Commission [or local agency authorized pursuant to 14 California. Administrative Code Section 13574(b)], consistent with provisions of the Coastal Development Permit ordinance, irrevocably offering to dedicate to a public agency or private association approved by the Coastal 09-1961/33781 9 Ordinance No. 3834 Commission [or local agency authorized by the Commission pursuant to 14 California. Administrative Code Section 13574(b)] an easement for a specific type of access and a specific character of use as applicable to the particular condition. The recorded document shall provide that the offer to dedicate shall not be used or construed to allow anyone,prior to acceptance of the dedication, to interfere with any rights of public access acquired through use which may exist on the property. The recorded document shall include legal descriptions of both the applicant's entire parcel and the easement area and a map to scale. The offer shall be recorded free of prior liens and any other encumbrances which the Coastal Commission(or local agency authorized by the Commission) determines may affect the interest being conveyed. The offer to dedicate shall run with the land in favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording. K. Management Plan, Minimum Requirements. A management plan may be required in conjunction with a dedication of public access in any case where there is substantial evidence of potential conflicts between public access use and other uses on or immediately adjacent to the site. Examples include access in areas of sensitive habitats, agricultural resources, or significant hazards, or adjoining residential neighborhoods or military security areas. The plan shall be prepared by the accepting agency and approved by the City prior to the opening of the access to public use. Where applicable, the plan should specify management controls on time and intensity of use, standards for privacy buffers, and requirements for maintenance of aesthetic values through such measures as litter control. L. Privacy Buffers, Minimum Requirements. Separation between a public accessway and adjacent residential use may be provided when necessary to protect the landowner's privacy or security as well as the public's right to use of the accessway. Any such buffer shall be provided within the development area. Access should not be sited closer to any residential structure than 10 feet. The buffer can be reduced where separation is achieved through landscaping, fences or grade separation. M. Implementation. 1. A dedicated accessway shall not be required to be opened to public use until a public agency or private association approved in accordance with subsection J agrees to accept responsibility for maintenance and liability of the access, except in cases where immediate public access is implemented through a deed restriction. 2. In any case where the size and character of a development would impose very substantial burdens on public access, such as a large resort development on the shoreline,and where the applicant has the capacity to operate and maintain the accessway or recreation area, a deed restriction may be required instead of an offer to dedicate in order to assure immediate public use of the area and maintenance of the area by the applicant and successors in interest. In any such case, all other applicable provisions of this section shall apply. 09-1961/33781 10 Ordinance No. 3834 3. Access facilities constructed on access easements (e.g., walkways,paved paths, boardwalks, etc.) should be no wider than necessary to accommodate the numbers and types of users that can reasonably be expected. Width of facilities can vary for ramps or paved walkways, depending on site factors. N. Title Information. As a requirement for any public access condition, prior to the issuance of the permit or other authorization for development, the applicant shall be required to furnish a title report and all necessary subordination agreements. Title insurance may also be required where easements are being granted. The amount of insurance shall reflect the estimated cost to acquire an equivalent accessway or recreational use elsewhere in the vicinity. All offers shall be made free of all encumbrances which the approving authority pursuant to subsection J determines may affect the interest being conveyed. If any such interest exists which could erase the access easement, it must be subordinated through a written and recorded agreement. O. Required Overall Findings. Written findings of fact, analysis and conclusions addressing public access must be included in support of all approvals, denials or conditional approvals of projects between the first public road and the sea (whether development or new development) and of all approvals or conditional approvals of projects (whether development or new development)where an access dedication is included in the project proposal or required as a condition of approval. Such findings shall address the applicable factors identified by subsection P and shall reflect the specific level of detail specified, as applicable. Findings supporting all such decisions shall include: 1. A statement of the individual and cumulative burdens imposed on public access and recreation opportunities based on applicable factors identified pursuant to subsection P. The type of affected public access and recreation opportunities shall be clearly described. 2. An analysis based on applicable factors identified in subsection P of the necessity for requiring public access conditions to find the project consistent with the public access provisions of the Coastal Act. 3. A description of the legitimate governmental interest furthered by any access condition required. 4. An explanation of how imposition of an access dedication requirement alleviates the access burdens identified. P. Required Project-Specific Findings. In determining any requirement for public access, including the type of access and character of use,the City shall evaluate and document in written findings the factors identified in subsections 1 through 5 below, to the extent applicable. The findings shall explain the basis for the conclusions and decisions of the City and shall be supported by substantial evidence in the record. If an access dedication is required as a condition of approval, the findings shall explain how the adverse effects which have been identified will be alleviated or mitigated by the dedication. As used in this subsection, "cumulative effect" means the effect of the individual project in combination with the effects of past projects, other current projects, and probable future projects, including development allowed under applicable planning and zoning. 09-1961/33781 11 Ordinance No. 3834 1. Project effects on demand for access and recreation. Identification of existing and open public access and coastal recreation areas and facilities in the regional and local vicinity of the development. Analysis of the project's effects upon existing public access and recreation opportunities. Analysis of the project's cumulative effects upon the use and capacity of the identified access and recreation opportunities, including public tidelands and beach resources, and upon the capacity of major coastal roads from subdivision, intensification or cumulative buildout. Projection of the anticipated demand and need for increased coastal access and recreation opportunities for the public. Analysis of the contribution of the project's cumulative effects to any such projected increase. Description of the physical characteristics of the site and its proximity to the sea,tideland viewing points,upland recreation areas, and trail linkages to tidelands or recreation areas. Analysis of the importance and potential of the site, because of its location or other characteristics, for creating,preserving or enhancing public access to tidelands or public recreation opportunities. 2. Shoreline processes. Description of the existing shoreline conditions, including beach profile, accessibility and usability of the beach, history of erosion or accretion, character and sources of sand, wave and sand movement,presence of shoreline protective structures, location of the line of mean high tide during the season when the beach is at its narrowest(generally during the late winter) and the proximity of that line to existing structures, and any other factors which substantially characterize or affect the shoreline processes at the site. Identification of anticipated changes to shoreline processes and beach profile unrelated to the proposed development. Description and analysis of any reasonably likely changes, attributable to the primary and cumulative effects of the project,to: wave and sand movement affecting beaches in the vicinity of the project; the profile of the beach; the character, extent, accessibility and usability of the beach; and any other factors which characterize or affect beaches in the vicinity. Analysis of the effect of any identified changes of the project- alone or in combination with other anticipated changes - will have upon the ability of the public to use public tidelands and shoreline recreation areas. 3. Historic public use. Evidence of use of the site by members of the general public for a continuous five-year period(such use may be seasonal). Evidence of the type and character of use made by the public (vertical, lateral, blufftop, etc. and for passive and/or active recreational use, etc.). Identification of any agency (or person) who has maintained and/or improved the area subject to historic public use and the nature of the maintenance performed and improvements made. Identification of the record owner of the area historically used by the public and any attempts by the owner to prohibit public use of the area, including the success or failure of those attempts. Description of the potential for adverse impact on public use of the area from the proposed development(including but not limited to, creation of physical or psychological impediments to public use). 4. Physical obstructions. Description of any physical aspects of the development which block or impede the ability of the public to get to or along the tidelands, public recreation areas, or other public coastal resources or to see the shoreline. 09-1961/33781 12 Ordinance No. 3834 5. Other adverse impacts on access and recreation. Description of the development's physical proximity and relationship to the shoreline and any public recreation area. Analysis of the extent to which buildings, walls, signs, streets or other aspects of the development, individually or cumulatively, are likely to diminish the public's use of tidelands or lands committed to public recreation. Description of any alteration of the aesthetic,visual or recreational value of public use areas, and of any diminution of the quality or amount of recreational use of public lands which may be attributable to the individual or cumulative effects of the development. Q. Required Findings For Public Access Exceptions. Any determination that one of the exceptions of subsection D applies to a development shall be supported by written findings of fact, analysis and conclusions which address all of the following: 1. The type of access potentially applicable to the site involved(vertical, lateral, blufftop, etc.) and its location in relation to the fragile coastal resource to be protected, the agricultural use, the public safety concern, or the military facility which is the basis for the exception, as applicable. 2. Unavailability of any mitigating measures to manage the type, character, intensity, hours, season or location of such use so that agricultural resources, fragile coastal resources,public safety, or military security, as applicable, are protected. 3. Ability of the public,through another reasonable means, to reach the same area of public tidelands as would be made accessible by an accessway on the subject land. R. Findings For Management Plan Conditions. Written findings in support of a condition requiring a management plan for regulating the time and manner or character of public access use must address the following factors, as applicable: 1. Identification and protection of specific habitat values including the reasons supporting the conclusion that such values must be protected by limiting the hours, seasons, or character of public use. 2. Topographic constraints of the development site. 3. Recreational needs of the public. 4. Rights of privacy of the landowner which could not be mitigated by setting the project back from the accessway or otherwise conditioning the development. 5. The requirements of the possible accepting agency, if an offer of dedication is the mechanism for securing public access. 6. Feasibility of adequate setbacks, fencing, landscaping, and other methods as part of a management plan to regulate public use. 09-1961/33781 13 Ordinance No. 3834 SECTION 8. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of June , 2009. 94i,eev /,S 4, ATTEST: gpo,j "M 00 Mayor City Clerk V APPROVED AS TO FORM: REVIEWE APPROVED: City Attorney City Xdmoistrator INITIAT AN PROVED: v� 4 irector of Planning 09-1961/33781 14 Ord. No. 3834 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on June 01,2009 and was again read to said City Council at a regular meeting thereof held on.Tune 15, 2009 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy NOES: None ABSENT: Hansen ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntirigtonbegch Fountain Valley Independent on June 25,2009. a In accordance with the City Charter of said City Joan L. Flynn,Ci_ Clerk C Clerk and ex-officio aerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California KEY INSERTIONS: Double underline DELETIONS Stfil'o LEGISLATIVE DRAFT - ORDINANCE NO. 3834 =hapier 22 C as �l°Z®ne Oy�rlay District s>� .. Sections: 221.02 Coastal Zone Overlay District Established 221.04 Zoning Map Designator 221.06 Requirements for Coastal Development Permit 221.07 Impermissible Alteration 221.08 Land Use Controls 221.10 Repealed (3a4)Resource Protection Requirements for New Development Adjacent to Environmentally Sensitive Habitat Area Area(ESHA) 221.12 Coastal Access and Public Use Areas, Signs Required 221.14 Preservation of Visual Resources 221.16 Community Facilities 221.17 Phasing 221.18 Diking, Dredging, and Filling 221.20 Hazards 221.22 Buffer Requirements 221.24 Energy Facilities 221.26 Residential Density Limitations 221.28 Maximum Height 221.30 Off-Street Parking Requirements 221.32 Landscaping 221.34 Signs 221.36 Public Access Implementation 221.02 Coastal Zone Overlay District Established The purpose of the CZ Coastal Zone Overlay District is to provide supplementary provisions and specify permitted uses within the City's Coastal Zone, consistent with the California Coastal Act of 1976 (Division 20 of the Public Resources Code), the General Plan, and the Local Coastal Program Land Use Plan. (3334) 221.04 Zoning Map Designator The Zoning Map shall show all property subject to the provisions of this chapter by adding a "-CZ" designator to the base district designator. 221.06 Requirements for Coastal Development Permit Any development in a CZ Overlay District shall require a Coastal Development Permit issued pursuant to Chapter 245 unless the development is exempt. Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-1 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS c,Wvo�r 221.07 Impermissible Alteration Any area that constitutes wetlands or ESHA that has been removed, altered, filled or degraded as a result of activities carried out without compliance with the California Coastal Act requirements shall be protected as required by the City's Local Coastal Program Land Use Plan. 221.08 Land Use Controls The land use controls for the CZ Overlay District shall be those of the base district with which the CZ Overlay District is combined. Where conflicts arise, the provisions of this chapter shall govern. 221.10 Repealed Requirements for New Development Adjacent to Environmentally Sensitive Habitat Area As a condition of new development adjacent to a resource protection area, which includes any wetland. Environmentally Sensitive Habitat Area (ESHA), associated buffers, land zoned Coastal Conservation, as the same are defined in the Citv's Local Coastal Program, an applicant shall comply with the requirements listed below These requirements shall be applicable to lots within new subdivisions as well as development proposed on existing lots adjacent to an ESHA,wetlands, associated buffers, resource protection areas or land zoned Coastal Conservation unless otherwise indicated. A. Landscape Plan shall be prepared that prohibits the planting, naturalization or persistence of invasive plants, and encourages low-water plants, and plants primarily native to coastal Orange County, D. Domestic Animal Control Plan shall be prepared that details methods to be used to prevent pets from entering any resource protection areas, including but not limited to appropriate fencing and barrier plantings. C. Pest Management Plan shall be prepared that, at a minimum, prohibits the use of rodenticides, and restricts the use of pesticides, and herbicides in outdoor areas, except necessary Vector Control conducted by the City or County. D. All street lighting, exterior residential lighting and recreational lighting adjacent to resource protection areas shall minimize impacts to wildlife within the resource protection areas. E. Covenants, Conditions and Restriction (CC&Rs) in a form approved by the Office of the City Attorney shall be recorded specifying that landscaping for individual housing lots and recreation areas that are directly adjacent to a resource projection area shall not include any exotic invasive plant species. The CC&Rs shall be binding on each of the lots, shall run with the land affected by the subdivision and shall be included or incorporated by reference in every deed transferring one or more of the lots in the subdivision. Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-2 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS � 1 F. The project applicant shall provide any buyer of a housing unit within the CZ_ Overlay District an information packet that explains the sensitivi1y of the natural habitats within or adjacent to the proiect site and the need to minimize impacts on the designated resource protection area(s), and the prohibition on landscaping that includes exotic invasive plant species on lots that are directly adjacent to a resource protection area. The information packet shall include a copy of the Domestic Animal Control Plan and Pest Management Plan and be required for all sales of housing units pursuant to the CC&R . G Protective fencing or barriers shall be installed and maintained between the resource protection areas and areas developed for homes or recreational use for the purpose of minimizing human and domestic animal presence in re ource protection areas_, including restored and preserved wetland and ESHA buffer areas: however, public access to designated passive recreational use areas hall be provided. Visual impacts created from any-walls or barriers adjacent to open space conservation and nassjve recreational use areas shall be minimized through measures such as open fencing/wall design, landscape screeninguse of undulating or off-set wall features, etc. H. Uses allowed adjacent to designated Environmentally Sensititve Habitat Areas shall assure the continuance of the habitat value and function of preserved and restored wetlands and ESHA. 221.12 Coastal Access and Public Use Areas, Signs Required As a condition of new development on lots on or adjacent to recreation areas,public accessways, public use areas, trails, bikeways or the shoreline, or in conjunction with dedications of lateral or vertical access,the applicant shall provide signs identifying the public access and public use areas. 221.14 Preservation of Visual Resources A. An applicant proposing new development shall provide the Director with an evaluation of the project's visual impact, and incorporate in its design,to the satisfaction of the Director, the following elements: 1. Preservation of public views to and from the bluffs,to the shoreline and ocean, and to the wetlands; 2. Preservation of existing mature trees to the maximum extent feasible. B. Any alteration of the natural landform of the bluffs seaward of Pacific Coast Highway including grading and the development of parking lots shall be prohibited. Alterations necessary for development of public trails and stabilization of bluffs may be permitted subject to approval of a coastal development permit. (3334) Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-3 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS c+...'. � 221.16 Community Facilities Prior to the issuance of a coastal development permit, the Director shall determine that adequate public services and facilities will be available to serve the proposed development, consistent with the General Plan. 221.17 Phasing The provision of public access and recreation benefits associated with private development such as but not limited to public accessways, public bike paths, habitat restoration and enhancement, etc.) shall be phased such that the public benefit(s) are in place prior to or concurrent with the private development but not later than occupation of any of the private development. 221.18 Diking,Dredging, and Filling Diking, dredging or filling shall be permitted only where there is no feasible, less environmentally-damaging alternative and where feasible mitigation measures have been provided, consistent with the Coastal Conservation District in Chapter 216. (3334) Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-4 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS c*.-.'��«� eugh- 221.20 Hazards As a condition of new development, the applicant shall be required to submit a report evaluating geologic, seismic, flood and fire hazards, and shall be designed to: A. Comply with all recommendations and provisions contained in the Alquist- Priolo Special Studies Zones Act (California Public Resources Code Chapter 7.5) for identified seismic hazards. B. Comply with all provisions relating to the FP Floodplain Overlay District, if applicable. C. Comply with all provisions relating to Methane Districts as defined in Chapter 17.04. D. Development in Subarea 4K as depicted in Figures C-6a. and C-10 of the Coastal Element Land Use Plan, shall comply with the approved Hazard Mitigation and Flood Protection Plan required in Table C-2 of the Coastal Element Land Use Plan. 221.22 Buffer Requirements As a condition of development adjacent to environmentally-sensitive habitats delineated in the General Plan and, for development in the coastal zone, environmentally-sensitive habitats identified in the Local Coastal Program, a minimum 100-foot buffer from the edge of the habitat as determined by a site specific biological assessment area shall be provided. In the case of substantial development or significantly increased human impacts, a wider buffer may be required in accordance with an analysis of the factors identified in A through C below. If the existing development or site configuration cannot accommodate a 100-foot buffer, then the buffer shall be reviewed by the California Department of Fish and Game and designed to: A. Protect the functional relationship between wetland and adjacent upland; B. Ensure that the most sensitive species will not be disturbed significantly by permitted development, based on habitat requirements of both resident and migratory species, and the short- and long-term adaptability of various species to the presence of human beings; and C. Allow for interception of any additional material eroded as a result of the proposed development, based on soil, vegetation, slope and runoff characteristics, and impervious surface coverage. 221.24 Energy Facilities New, modified or expanded energy facilities shall comply with the following requirements: A. Oil extraction operations shall be located where there are no other feasible, less environmentally-damaging locations based on the following priority, with the first location being the most preferable. Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-5 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS Stf� 3- 1. Existing consolidated islands; 2. New consolidated islands; 3. Existing oil extraction sites; 4. New sites outside the coastal zone; and 5. New sites within the coastal zone. B. New pipelines shall be underground and: 1. Be consolidated in existing pipeline corridors and shall avoid recreation areas and environmentally- sensitive habitat areas unless there is no feasible, less environmentally-damaging, alternative location; 2. Incorporate automatic shutoff valves to isolate any segments carrying hazardous liquids; (3334) 3. Be constructed with erosion control measures and without the use of any chemical herbicides; 4. Shall mitigate to the maximum extent feasible adverse environmental impacts; and (3334) 5. Shall not jeopardize public, health, safety or welfare. (3334) C. New oil separation and treatment facilities shall be permitted only i£ 1. It is infeasible to utilize excess capacity of existing facilities; and 2. The location and design of the site is consistent with other provisions of the CZ Overlay District and other applicable requirements. 221.26 Residential Density Limitations The density limitations of the base district shall apply to property subject to a CZ Overlay District. 221.28 Maximum Height A. The maximum height limits within the CZ Overlay District are 35 feet for a residential structure and 50 feet for a commercial structure, or the base district height limit, whichever is lower. B. All rooftop mechanical devices, except for solar panels ,which may be permitted to exceed the height limit under Section 230.72, shall be set back and screened so that they are not visible. Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-6 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS Stf� - 221.30 Off-Street Parking Requirements All development shall comply with the off-street parking requirements of Chapter 231. (3334) 221.32 Landscaping All projects within the CZ Overlay District shall comply with the landscape improvement requirements of Chapter 232 unless exempts and the requirements of Section 221.10. 221.34 Signs All signs shall comply with Chapter 233. 221.36 Public Access Implementation (3334) A. Purpose. The purpose of this Section includes the following: 1. To achieve the basic state goals of maximizing public access to the coast and public recreational opportunities, as set forth in the California Coastal Act codified at section 30000 through 30900 of the California Public Resources Code. Section 30001.5(c) states that public access both to and along the shoreline shall be maximized consistent with sound resource conservation principles and constitutionally protected rights of private property owners; 2. To implement the public access and recreation policies of Chapter 3 of the Coastal Act (Section 30210 - 30255); and 3. To implement the certified land use plan of the Local Coastal Program which is required by Section 30500(a) of the Coastal Act to include a specific public access component to assure that maximum public access to the coast and public recreation areas is provided. 4. In achieving these purposes, this ordinance shall be given the most liberal construction possible so that public access to the navigable waters shall always be provided and protected consistent with the goals, objectives and policies of the California Coastal Act and Article X, Section 4, of the California Constitution. B. Definitions. The following definitions shall govern the implementation of the public access requirements of the Coastal Act and this public access ordinance. 1. Development. The placement or erection of any solid material or structure on land, in or under water; discharge or disposal of any materials; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including,but not limited to, subdivision pursuant to Section 66410 of the Government Code, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-7 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS c Fik:v land by a public agency for public recreational use; and change in the intensity of use of water, or access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private,public, or municipal utility; and the removal or harvesting of major vegetation. As used in this section "structure" includes but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. 2. New development. For purposes of implementing the public access requirements of Public Resources Code Section 30212 and of this section, "new development" includes "development" as defined in subsection 1 above except the following: a. Structures destroyed by natural disaster. The replacement of any structure, other than a public works facility, destroyed by a disaster; provided that the replacement structure conforms to applicable existing zoning requirements, is for the same use as the destroyed structure, does not exceed either the floor area, height, or bulk of the destroyed structure by more than 10%, and is sited in the same location on the affected property as the destroyed structure. As used in this section, "disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of the owners. b. Demolition and Reconstruction. The demolition and reconstruction of a single-family residence; provided that the reconstructed residence shall not exceed either the floor area,height or bulk of the former structure by more than 10 percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure. C. Improvements. Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height or bulk of the structure by more than 10 percent, which do not block or impede access, and which do not result in a seaward encroachment by the structure. d. Repair and Maintenance. Repair and maintenance activity which, pursuant to Public Resources Code Section 30610, requires no permit unless the activity will have an adverse impact on lateral public access along the beach. e. Reconstruction and Repair. The reconstruction or repair of any seawall; provided that the reconstructed or repaired seawall is not seaward of the location of the former structure. As used in this section, "reconstruction or repair" of a seawall shall not include replacement by a different type of structure or other modification in design or construction which results in different or greater impacts to shoreline resources than those of the existing structure. Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-8 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS Strikethfeugh 3. Sea. The Pacific Ocean and all harbors,bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks and flood control and drainage channels. 4. Types of Public Access and Recreation. a. Lateral public access: provides public access and use along or parallel to the sea. b. Blufftop access: provides public access and coastal viewing along a coastal blufftop area. C. Vertical access: provides a public access connection between the first public road, trail, or public use area nearest the sea and the publicly owned tidelands or established access. d. Trail Access: provides public access along a coastal recreational path, including to and along lakes, rivers, streams, freshwater marshes, flood control channels/features significant habitat and open space areas or similar resource areas, and which also may link inland recreational facilities to the shoreline. e. Recreational Access: provides public access to coastal recreational resources through means other than those listed above, including but not limited to parking facilities, viewing platforms and blufftop parks. 5. Character of Accessway Use. a. Pass and Repass: Refers to the right of the public to walk and run along an accessway. Because this use limitation can substantially restrict the public's ability to enjoy adjacent publicly owned tidelands by restricting the potential use of lateral accessways, it will be applied only in connection with vertical access or other types of access where the findings required by Sections O and R establish that the limitation is necessary to protect natural habitat values, topographic features (such as eroding bluffs), or privacy of the landowner. b. Passive Recreational Use: Refers to the right of the public to conduct activities normally associated with beach use, such as walking, swimming,jogging, sunbathing, fishing, surfing, picnicking,but not including organized sports, campfires, or vehicular access other than for emergencies or maintenance. C. Active Recreational Use: Refers to the right of the public to conduct the full range of beach-oriented activities, not including horseback riding and use of motorized vehicles unless specifically authorized. Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-9 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS St-rilie� C. Access Required. As a condition of approval and prior to issuance of a permit or other authorization for any new development identified in 1 through 4 of this section, except as provided in subsection D, an offer to dedicate an easement (or other legal mechanism pursuant to subsection M2) for one or more of the types of access identified in subsections E-H shall be required and shall be supported by findings required by subsections O-Q; provided that no such condition of approval for coastal access shall be imposed if the analysis required by subsections 01 and 2 establishes that the development will not adversely affect, either individually or cumulatively, the ability of the public to reach and use public tidelands and coastal resources or that the access dedication requirement will not alleviate the access burdens identified or is not reasonably related to those burdens in both nature and extent. 1. New development on any parcel or location where public access is identified in the Land Use Plan as desirable. 2. New development between the nearest public roadway and the sea. 3. New development on any site where there is substantial evidence of a public right of access to the sea acquired through use or a public right of access through legislative authorization. 4. New development on any site where a trail, blufftop access or other recreational access is necessary to mitigate impacts of the development on public access. D. Exceptions. Subsection C shall apply except in the following instances: 1. Projects excepted from the definition of"new development" in subsection B.2.a-e. 2. Where findings required by subsections O and P establish any of the following: a. Public access is inconsistent with the public safety,military security needs, or protection of fragile coastal resources; b. Adequate access exists nearby; or, C. Agriculture would be adversely affected. 3. Exceptions identified in subsection D2 shall be supported by written findings required by subsection O of this chapter. E. Lateral Public Access Minimum Requirements. A condition to require lateral access as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to subsection C shall provide the public with the permanent right of lateral public access and passive recreational use along the shoreline (or public recreational area, bikeway, or blufftop area, as applicable); provided that in some cases controls on the time, place and manner of uses may be justified by site characteristics including Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-10 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS St..'. h sensitive habitat values or fragile topographic features, or by the need to protect the privacy of residential development. Active recreational use may be appropriate in many cases where the development is determined to be especially burdensome on public access. Examples include cases where the burdens of the proposed project would severely impact public recreational use of the shoreline, where the proposed development is not one of the priority uses specified in Public Resources Code Section 30222, where active recreational uses reflect the historic public use of the site, where active recreational uses would be consistent with the use of the proposed project, and where such uses would not significantly interfere with the privacy of the landowner. In determining the appropriate character of public use, findings shall be made on the specific factors enumerated in subsection P. Lateral access shall be legally described as required in subsection J. F. Vertical Public Access, Minimum Requirements. A condition to require vertical public access as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to subsection C shall provide the public with the permanent right of access, (1) located in specific locations identified in the certified Local Coastal Program for future vertical access, or(2) located in a site for which the local government has reviewed an application for a development permit and has determined a vertical accessway is required pursuant to the access and recreation policies of the Coastal Act or the applicable provisions of the Local Coastal Program. A condition to require vertical access as a condition of approval of a coastal development permit (or other authorization to proceed with development) shall provide the public with the permanent right of vertical access and be limited to the public right of passive recreational use unless another character of use is specified as a condition of the development. In determining whether another character of use is appropriate, findings shall be made on the specific factors identified in subsection P. Each vertical accessway shall extend from the road to the shoreline (or bluff edge) and shall be legally described as required in subsection J. The access easement shall be a minimum of 10 feet wide . If a residential structure is proposed, the accessway should not be sited closer than 10 feet to the structure. G. Blufftop Access, Minimum Requirements. A condition to require public access along a blufftop as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to subsection C shall provide the public with the permanent right of scenic and visual access from the blufftop to the public tidelands. The blufftop access shall be limited to passive recreational use and coastal viewing purposes unless another character of use is specified as a condition of development. In determining the appropriate character of use findings shall be made on the specific factors identified in subsection P. Each blufftop accessway shall be described in the conditions of approval of the coastal development permit as an area beginning at the current bluff edge Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-11 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS c. ik. extending 25 feet inland. However, the accessway shall not extend any closer than 10 feet from an occupied residential structure. Due to the potential for erosion of the bluff edge, the condition shall include a mechanism that will cause the accessway to be adjusted inland as the edge recedes. Any permanent improvements should be set back from the accessway by a distance derived by multiplying the annual rate of blufftop retreat by the life expectancy in years of the improvements. The accessway shall be legally described as required in subsection J, with the furthest inland extent of the area possible referenced as a distance from a fixed monument in the following manner: "Such easement shall be_feet wide located along the blufftop as measured inland from the daily bluff edge. As the daily blufftop edge may vary and move inland, the location of this right of way will change over time with the then current bluff edge,but in no case shall it extend any closer than_ feet from_(a fixed inland point, such as the centerline of a public road or other easement monument)." H. Trail Access, Minimum Requirements. A condition to require public access as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to subsection C shall provide the public with the permanent right of access and active recreational use, (1) along a designated alignment of a coastal recreational path or trail in specific locations identified in the LCP for implementation of trail access, or(2)in locations where it has been determined that a trail access is required to link recreational areas to the shoreline or provide alternative recreation and access opportunities pursuant to the access and recreation policies of the LCP and Coastal Act, consistent with other provisions of this chapter. In determining if another character of use is appropriate, findings shall be made on the specific factors enumerated in subsection P. The trail access shall be legally described as required by subsection J. I. Protection Of Historic Public Use. 1. Siting and design requirements. Development shall be sited and designed in a manner which does not interfere with or diminish any public right of access which may have been established based on historic public use. Only when site constraints are so severe that siting of the accessway or recreational use area in its historic location would significantly impair the proposed development and alternative development siting is not feasible, development may be sited in the area of public right of access based on historic use provided that the applicant provides an equivalent area of public access or recreation to and along the same destination and including the same type and intensity of public use as previously existed on the site. Mechanisms for guaranteeing the continued public use of the area or equivalent area shall be required in accordance with subsections E through H above. 2. Minimum requirements. An access condition shall not serve to extinguish or waive public prescriptive rights. In permits where evidence Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-12 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS St-r�t shows the possibility of such prescriptive rights, the following language shall be added to the access condition: "Nothing in this condition shall be construed to constitute a waiver of any prescriptive rights which may exist on the parcel itself or on the designated easement." J. Legal Description Of An Accesswa-y, Recordation. An access dedication required pursuant to subsection C shall be described in the condition of approval of the permit or other authorization for development in a manner that provides the public, the property owner, and the accepting agency with the maximum amount of certainty as to the location of the accessway. As part of the condition of approval, easements shall be described as follows: (1) for lateral access: along the entire width of the property from the mean high tide line to (as applicable): the toe of the bluff, the toe of the seawall, or other appropriate boundary such as stringline or dripline; (2) for blufftop access or trail access: extending inland from the bluff edge or along the alignment of a recreational trail; (3) for vertical access: extending from the road to the shoreline(or bluff edge). A privacy buffer provided pursuant to subsection L shall be described, as applicable. Prior to the issuance of the coastal development permit or other authorization for development, the landowner shall execute and record a document in a form and content acceptable to the Coastal Commission [or local agency authorized pursuant to 14 California. Administrative Code Section 13574(b)], consistent with provisions of the Coastal Development Permit ordinance, irrevocably offering to dedicate to a public agency or private association approved by the Coastal Commission [or local agency authorized by the Commission pursuant to 14 California. Administrative Code Section 13574(b)] an easement for a specific type of access and a specific character of use as applicable to the particular condition. The recorded document shall provide that the offer to dedicate shall not be used or construed to allow anyone,prior to acceptance of the dedication, to interfere with any rights of public access acquired through use which may exist on the property. The recorded document shall include legal descriptions of both the applicant's entire parcel and the easement area and a map to scale. The offer shall be recorded free of prior liens and any other encumbrances which the Coastal Commission (or local agency authorized by the Commission) determines may affect the interest being conveyed. The offer to dedicate shall run with the land in favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording. K. Management Plan, Minimum Requirements. A management plan may be required in conjunction with a dedication of public access in any case where there is substantial evidence of potential conflicts between public access use and other uses on or immediately adjacent to the site. Examples include access in areas of sensitive habitats, agricultural resources, or significant hazards, or adjoining residential neighborhoods or military security areas. The plan shall Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-13 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS Stf� � be prepared by the accepting agency and approved by the City prior to the opening of the access to public use. Where applicable, the plan should specify management controls on time and intensity of use, standards for privacy buffers, and requirements for maintenance of aesthetic values through such measures as litter control. L. Privacy Buffers, Minimum Requirements. Separation between a public accessway and adjacent residential use may be provided when necessary to protect the landowner's privacy or security as well as the public's right to use of the accessway. Any such buffer shall be provided within the development area. Access should not be sited closer to any residential structure than 10 feet. The buffer can be reduced where separation is achieved through landscaping, fences or grade separation. M. Implementation. 1. A dedicated accessway shall not be required to be opened to public use until a public agency or private association approved in accordance with subsection J agrees to accept responsibility for maintenance and liability of the access, except in cases where immediate public access is implemented through a deed restriction. 2. In any case where the size and character of a development would impose very substantial burdens on public access, such as a large resort development on the shoreline, and where the applicant has the capacity to operate and maintain the accessway or recreation area, a deed restriction may be required instead of an offer to dedicate in order to assure immediate public use of the area and maintenance of the area by the applicant and successors in interest. In any such case, all other applicable provisions of this section shall apply. 3. Access facilities constructed on access easements (e.g., walkways, paved paths,boardwalks, etc.) should be no wider than necessary to accommodate the numbers and types of users that can reasonably be expected. Width of facilities can vary for ramps or paved walkways, depending on site factors. N. Title Information. As a requirement for any public access condition, prior to the issuance of the permit or other authorization for development, the applicant shall be required to furnish a title report and all necessary subordination agreements. Title insurance may also be required where easements are being granted. The amount of insurance shall reflect the estimated cost to acquire an equivalent accessway or recreational use elsewhere in the vicinity. All offers shall be made free of all encumbrances which the approving authority pursuant to subsection J determines may affect the interest being conveyed. If any such interest exists which could erase the access easement, it must be subordinated through a written and recorded agreement. O. Required Overall Findings. Written findings of fact, analysis and conclusions addressing public access must be included in support of all approvals, denials or conditional approvals of projects between the first public road and the sea (whether development or new development) and of all approvals or conditional Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-14 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS l approvals of projects (whether development or new development) where an access dedication is included in the project proposal or required as a condition of approval. Such findings shall address the applicable factors identified by subsection P and shall reflect the specific level of detail specified, as applicable. Findings supporting all such decisions shall include: 1. A statement of the individual and cumulative burdens imposed on public access and recreation opportunities based on applicable factors identified pursuant to subsection P. The type of affected public access and recreation opportunities shall be clearly described. 2. An analysis based on applicable factors identified in subsection P of the necessity for requiring public access conditions to find the project consistent with the public access provisions of the Coastal Act. 3. A description of the legitimate governmental interest furthered by any access condition required. 4. An explanation of how imposition of an access dedication requirement alleviates the access burdens identified. P. Required Project-Specific Findings. In determining any requirement for public access, including the type of access and character of use, the City shall evaluate and document in written findings the factors identified in subsections 1 through 5 below, to the extent applicable. The findings shall explain the basis for the conclusions and decisions of the City and shall be supported by substantial evidence in the record. If an access dedication is required as a condition of approval, the findings shall explain how the adverse effects which have been identified will be alleviated or mitigated by the dedication. As used in this subsection, "cumulative effect" means the effect of the individual project in combination with the effects of past projects, other current projects, and probable future projects, including development allowed under applicable planning and zoning. 1. Project effects on demand for access and recreation. Identification of existing and open public access and coastal recreation areas and facilities in the regional and local vicinity of the development. Analysis of the project's effects upon existing public access and recreation opportunities. Analysis of the project's cumulative effects upon the use and capacity of the identified access and recreation opportunities, including public tidelands and beach resources, and upon the capacity of major coastal roads from subdivision, intensification or cumulative buildout. Projection of the anticipated demand and need for increased coastal access and recreation opportunities for the public. Analysis of the contribution of the project's cumulative effects to any such projected increase. Description of the physical characteristics of the site and its proximity to the sea, tideland viewing points, upland recreation areas, and trail linkages to tidelands or recreation areas. Analysis of the importance and potential of the site, because of its location or other characteristics, for creating,preserving or enhancing public access to tidelands or public recreation opportunities. Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-15 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS &t ik a=ang r 2. Shoreline processes. Description of the existing shoreline conditions, including beach profile, accessibility and usability of the beach, history of erosion or accretion, character and sources of sand, wave and sand movement, presence of shoreline protective structures, location of the line of mean high tide during the season when the beach is at its narrowest (generally during the late winter) and the proximity of that line to existing structures, and any other factors which substantially characterize or affect the shoreline processes at the site. Identification of anticipated changes to shoreline processes and beach profile unrelated to the proposed development. Description and analysis of any reasonably likely changes, attributable to the primary and cumulative effects of the project, to: wave and sand movement affecting beaches in the vicinity of the project; the profile of the beach; the character, extent, accessibility and usability of the beach; and any other factors which characterize or affect beaches in the vicinity. Analysis of the effect of any identified changes of the project - alone or in combination with other anticipated changes - will have upon the ability of the public to use public tidelands and shoreline recreation areas. 3. Historic public use. Evidence of use of the site by members of the general public for a continuous five-year period (such use may be seasonal). Evidence of the type and character of use made by the public (vertical, lateral, blufftop, etc. and for passive and/or active recreational use, etc.). Identification of any agency(or person) who has maintained and/or improved the area subject to historic public use and the nature of the maintenance performed and improvements made. Identification of the record owner of the area historically used by the public and any attempts by the owner to prohibit public use of the area, including the success or failure of those attempts. Description of the potential for adverse impact on public use of the area from the proposed development(including but not limited to, creation of physical or psychological impediments to public use). 4. Physical obstructions. Description of any physical aspects of the development which block or impede the ability of the public to get to or along the tidelands, public recreation areas, or other public coastal resources or to see the shoreline. 5. Other adverse impacts on access and recreation. Description of the development's physical proximity and relationship to the shoreline and any public recreation area. Analysis of the extent to which buildings, walls, signs, streets or other aspects of the development, individually or cumulatively, are likely to diminish the public's use of tidelands or lands committed to public recreation. Description of any alteration of the aesthetic, visual or recreational value of public use areas, and of any diminution of the quality or amount of recreational use of public lands which may be attributable to the individual or cumulative effects of the development. Q. Required Findings For Public Access Exceptions. Any determination that one of the exceptions of subsection D applies to a development shall be supported Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-16 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS St fi. h by written findings of fact, analysis and conclusions which address all of the following: l. The type of access potentially applicable to the site involved (vertical, lateral,blufftop, etc.) and its location in relation to the fragile coastal resource to be protected, the agricultural use, the public safety concern, or. the military facility which is the basis for the exception, as applicable. 2. Unavailability of any mitigating measures to manage the type, character, intensity, hours, season or location of such use so that agricultural resources, fragile coastal resources, public safety, or military security, as applicable, are protected. 3. Ability of the public, through another reasonable means, to reach the same area of public tidelands as would be made accessible by an accessway on the subject land. R. Findings For Management Plan Conditions. Written findings in support of a condition requiring a management plan for regulating the time and manner or character of public access use must address the following factors, as applicable: l. Identification and protection of specific habitat values including the reasons supporting the conclusion that such values must be protected by limiting the hours, seasons, or character of public use. 2. Topographic constraints of the development site. 3. Recreational needs of the public. 4. Rights of privacy of the landowner which could not be mitigated by setting the project back from the accessway or otherwise conditioning the development. 5. The requirements of the possible accepting agency, if an offer of dedication is the mechanism for securing public access. 6. Feasibility of adequate setbacks, fencing, landscaping, and other methods as part of a management plan to regulate public use. Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-17 5/97 09-1961/31545 REVISED ATTAC H M E N T #8 ORDINANCE NO. 3835 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING CODE RELATING TO SITE STANDARDS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 230 of the Huntington Beach Zoning Code is hereby amended by amending Section 230.82 to read as follows: 230.82 Performance Standards For All Uses A. Applicability and Compliance. The development standards set forth in this section apply to every use classification in every zoning district unless otherwise specifically provided. The Director may require evidence of ability to comply with development standards before issuing an entitlement. B. Air Contaminants. Every use must comply with rules,regulations and standards of the South Coast Air Quality Management District(SCAQMD). An applicant for a zoning permit or a use, activity, or process requiring SCAQMD approval of a permit to construct must file a copy of the SCAQMD permit with the Director. An applicant for a use, activity, or process that requires SCAQMD approval of a permit to operate must file a copy of such permit with the Director within 30 days of its approval. C. Water Quality. Every use must comply with rules, regulations and standards of the Federal government, State and Regional Water Quality Control Boards and the City of Huntington Beach Municipal Codes. An applicant for a zoning permit or a building permit must demonstrate compliance with aforementioned rules,regulations and standards. General Plan and Local Coastal Program Goals, Objectives and Policies shall be incorporated into water quality management programs prepared for development projects as applicable and to the maximum extent practicable. D. Storage On Vacant Lot. A person may not store,park,place, or allow to remain in any part of a vacant lot any unsightly object. This does not apply to building materials or equipment for use on the site during the time a valid building permit is in effect for construction on the premises. 09-1961/33790 1 Ordinance No. 3835 SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of June , 2009. ATTEST: r4" Mayor City Clerk JPPROVED AS TO FORM: REVIE APPROVED: �,sty Attorney 2, 1 �V Cit mistrator INITIATED D OVED: V Director o Planning 09-1961/33790 2 Ord. No. 3835 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on.Tune 01, 2009, and was again read to said City Council at a regular meeting thereof held on June 15, 2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy NOES: None ABSENT: Hansen ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on June 25,2009. In accordance with the City Charter of said City Joan L. Flynn,City Clerk CiU Clerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California KEY INSERTIONS: Double underline DELETIONS LEGISLATIVE DRAFT ORDINANCE NO. 3835 ,23, 0 Sit;� '$,Wid'a- 7'a �W/ (3249-6/95,3301-11/95, 3334-6/97,3410-3/99, 3455-5/00, 3482-12/00,3494-5/01, 3525-2/02,3568-9/02, EIVIG 3594-11/02, EIVIG 3596-12/02, Resolution No. 2004-80-9/04, 3687-12/04,3710-6/05, 3724-02/06,3730-03/06, Interim Urgency Ordinance 3748-8/06, Resolution No. 2006-62-9/06, 3764-3/07, 3779-10/07) Sections: 230.02 Applicability Residential Districts 230.04 Front and Street Side Yards in Developed Areas 230.06 (Deleted) (3724-02/06) 230.08 Accessory Structures 230.10 Accessory Dwelling Units 230.12 Home Occupation in R Districts 230.14 Affordable Housing Density Bonus 230.16 Manufactured Homes 230.18 Subdivision Sales Offices and Model Homes 230.20 Payment of Park Fee 230.22 Residential Infill Lot Developments 230.24 Small Lot Development Standards 230.26 Affordable Housing 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations 230.34 Housing of Goods 230.36 Transportation Demand Management 230.38 Game Centers 230.40 Helicopter Takeoff and Landing Areas 230.42 Bed and Breakfast Inns 230.44 Recycling Operations 230.46 Single Room Occupancy 230.48 Equestrian Centers 230.50 Indoor Swap Meets/Flea Markets 230.52 (Reserved) 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) All Districts 230.62 Building Site Required 230.64 Development on Substandard Lots 230.66 Development on Lots Divided by District Boundaries 230.68 Building Projections into Yards and Courts Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 1 of 57 KEY INSERTIONS: Double underline DELETIONS gtfi a� 230.70 Measurement of Height 230.72 Exceptions to Height Limits 230.74 Outdoor Facilities 230.76 Screening of Mechanical Equipment 230.78 Refuse Storage Areas 230.80 Antennae 230.82 Performance Standards for All Uses 230.84 Dedication and Improvements 230.86 Seasonal Sales 230.88 Fencing and Yards 230.90 Contractor Storage Yards/Mulching Operations 230.92 Landfill Disposal Sites 230.94 Carts and Kiosks 230.96 Wireless Communication Facilities 230.02 Applicability This chapter contains supplemental land use and development standards, other than parking and loading, landscaping and sign provisions,that are applicable to sites in all or several districts. These standards shall be applied as specified in Title 21: Base Districts, Title 22: Overlay Districts, and as presented in this chapter. Residential Districts 230.04 Front and Street Side Yards in Developed Areas Where lots comprising 60 percent of the frontage on a blockface in an R district are improved with buildings that do not conform to the front yard requirements,the Planning Commission may adopt by resolution a formula or procedure to modify the front and street side yard setback requirements. The Planning Commission also may modify the required yard depths where lot dimensions and topography justify deviations. Blocks with such special setback requirements shall be delineated on the zoning map. Within the coastal zone any such setback modifications adopted by the Planning Commission shall be consistent with the Local Coastal Program. (3334-6i97) 230.08 Accessory Structures For purposes of applying these provisions, accessory structures are inclusive of minor accessory structures, except where separate provisions are provided in this section. (3710-6/05) A. Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction. Location. Except as provided in this section, accessory structures shall not occupy a required front, side or street side yard or court, or project beyond the front building line of the principal structure on a site. An accessory structure shall be setback 5 feet from the rear property line except no setback is required for accessory structures, excluding garages and carports,which abut an alley. (3710-6i05) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 2 of 57 KEY INSERTIONS: Double underline DELETIONS -1 " " I Minor accessory structures may be located in required side and rear yard setbacks provided that the structure is located in the rear two-thirds of the lot and a minimum five foot clearance is maintained between said structure and dwelling if it is located in the required side yard. Minor accessory structures that are decorative such as landscape garden walls, fire pits, freestanding barbecues/fireplaces, sculptures, and fountains may be located anywhere on the property provided: (3710-6/05) 1. They do not exceed 6-feet in height or exceed 42-inches in height when located within the front yard setback and; (3710-6/05) 2. A minimum 5-foot clearance is maintained between said structure and the dwelling if it is located in a required side yard; and (3710-6/05) 3. Rock formations shall be setback 1-foot from the side and/or rear property lines for each foot of rock formation height, maximum 5-foot setback required. (3710-6/05) fid WALL- 5. t R � C. Maximum Height. 15 feet, except a detached garage for a single family dwelling may exceed the maximum height when it is designed to be architecturally compatible with the main dwelling and does not include habitable floor area. D. Maximum Size in RL District. In an RL district, the total gross floor area of accessory structures more than 4 feet in height that are not attached to a dwelling shall not exceed 600 square feet or 10 percent of lot area, whichever is more. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 3 of 57 KEY INSERTIONS: Double underline DELETIONS 84il� E. Patio Covers. A patio cover open on at least 2 sides and complying with all other provisions of this subsection may be attached to a principal structure provided a 5-foot clearance to all property lines is maintained. F. Decks. A deck 30 inches or less in height may be located in a required yard. G. Se arp ation. The distance between buildings on the same lot shall not be less than 10 feet. 230.10 Accessory Dwelling Units A. Permit Required. Accessory dwellings may be permitted in all R districts on lots with a single family dwelling subject to Director approval. Requests shall be submitted to the Director accompanied by the required Neighborhood Notification, plans and elevations showing the proposed accessory dwelling and its relation to the principal dwelling, descriptions of building materials, landscaping and exterior finishes to be used and parking to be provided, and any other information required by the Director to determine whether the proposed unit conforms to all requirements of this code. The Director shall approve an accessory dwelling unit upon finding that the following conditions have been met: (3710-6/05) 1. The dwelling conforms to the design and development standards for accessory dwelling units established in Subsection(B) of this Section 230.10 and Section 230.22 A; (3710-6/05) 2. The accessory unit maintains the scale of adjoining residences and is compatible with the design of existing dwellings in the vicinity in terms of building materials, colors and exterior finishes; 3. The main dwelling or the accessory dwelling will be owner-occupied; and 4. Public and utility services including emergency access are adequate to serve both dwellings. B. Design and Development Standards. l. Minimum Lot Size. 6,000 square feet. 2. Maximum Unit Size. The maximum square footage of the accessory dwelling unit shall not exceed 650 square feet and shall not contain more than one bedroom. 3. Required Setbacks. Accessory dwelling units shall comply with minimum setbacks of Chapter 210. 4. Height and Building_Coverage. The basic requirements of Chapter 210 shall apply unless modified by an overlay district. 5. Parking. All parking spaces shall comply with Section 231.18D. (3334-6/97) 6. Design. The accessory unit shall be attached to the main dwelling unit in such a manner as to create an architecturally unified whole, not resulting in any change to the visible character of the street. The entrance to the accessory unit shall not be visible from the street in front of the main dwelling unit. Building materials, colors and exterior finishes should be substantially the same as those on the existing dwelling. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 4 of 57 KEY INSERTIONS: Double underline DELETIONS 84il� C. Ownership. The second unit shall not be sold separately from the main dwelling unit. D. Covenant. A covenant with the ownership requirements shall be filed for recordation with the County Recorder within 30 days of Planning department Plan Check approval and issuance of building permits. Evidence of such filing shall be submitted to the Director within 30 days of approval. (3710-6i05) E. Parkland Dedication In-lieu Fee. A parkland dedication in-lieu fee shall be assessed as set by resolution of the City Council pursuant to Section 230.20 and paid prior to issuance of the building permit. (3710-6/05) 230.12 Rome Occupation in R Districts A. Permit Required. A home occupation in an R district shall require a Home Occupation Permit, obtained by filing a completed application form with the Director. The Director shall approve the permit upon determining that the proposed home occupation complies with the requirements of this section. B. Contents of Application. An application for a Home Occupation Permit shall contain: 1. The name, street address, and telephone number of the applicant; 2. A complete description of the proposed home occupation, including number and occupation of persons employed or persons retained as independent contractors, amount of floor space occupied, provisions for storage of materials, and number and type of vehicles used. C. Required Conditions. Home occupations shall comply with the following conditions: 1. A home occupation shall be conducted entirely within one room in a dwelling.No outdoor storage shall be permitted. Garages shall not be used in connection with such business except to park business vehicles. 2. No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors. 3. There shall be no display of merchandise,projects, operations, signs or name plates of any kind visible from outside the dwelling. The appearance of the dwelling shall not be altered, or shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a non-residential purpose, whether by colors, materials, construction, lighting, windows, signs, sounds or any other means whatsoever. 4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood. 5. No commercial vehicle or equipment used in conjunction with the home occupation shall be parked overnight on an adjacent street or in any yard visible from the street. 6. No motor vehicle repair for commercial purposes shall be permitted. 7. A home occupation shall not include an office or salesroom open to visitors, and there shall be no advertising of the address of the home occupation. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 5 of 57 KEY INSERTIONS: Double underline DELETIONS 84ðreugh 8. Neighborhood Notification shall be in compliance with Chapter 241 when a home occupation involves instruction and/or service, e.g. music lessons, beauty shop, swimming lessons. Where a home occupation involves swimming instruction in an outdoor swimming pool, each swimming class shall be limited to 4 students, and no more than 2 vehicles shall be used to transport students to such classes. (3710-6/05) 9. Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of this code. The permit for a home occupation that is not operated in compliance with these provisions shall be revoked by the Director after 30 days written notice unless the home occupation is altered to comply. 230.14 Affordable Housing Density Bonus. A. When a developer of a residential property which is zoned and general planned to allow five (5) or more dwelling units proposes to provide affordable housing, he or she may request a density bonus and incentives or concessions through a conditional use permit subject to the provisions contained in this section. A density bonus request pursuant to the provisions contained within this section shall not be denied unless the project is denied in its entirety. (3764-3/07) B. Affordability requirements. 1. Percentage of affordable units required. To qualify for a density bonus and incentives or concessions,the developer of a residential project shall elect at least one of the following: (3764-3/07) a. Provide at least ten percent(10%) of the total units of the housing development for lower income households, as defined in Health and Safety Code section 50079.5; or (3764-3/07) b. Provide at least five percent(5%) of the total units of the housing development for very low income households, as defined in Health and Safety Code section 50105; or (3764-3/07) C. Provide a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Sections 798.76 or 799.5; or (3764-3/07) d. Provide at least ten percent(10%) of the total dwelling units in a common interest development as defined in Civil Code Section 1351 for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase. (3764-3/07) The density bonus shall not be included in the total number of the housing units when determining the number of housing units required to be affordable. Remaining units may be rented, sold or leased at "market" rates. (3764-3/07) 2. Duration of affordability. An applicant shall agree to, and city shall ensure, continued affordability of all low and very low income units that qualified the applicant for the award of the density bonus for thirty(30)years or a longer period of time if required Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 6 of 57 KEY INSERTIONS: Double underline DELETIONS &16 gl by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. (3764-3/07) Where there is a direct financial contribution to a housing development pursuant to Government Code Section 65915 through participation in cost of infrastructure, write- down of land costs, or subsidizing the cost of construction,the city will assure continued availability for low- and moderate-income units for 30 years. The affordability agreement required by Section 230.1413.4 shall specify the mechanisms and procedures necessary to carry out this section. (3764-3/07) An applicant shall agree to, and the city shall ensure that, the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the common interest development as defined in Section 1351 of the Civil Code, are persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. The City shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source of law. The following shall apply to the equity-sharing agreement: (3764-3/07) a. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision(e) of Section 33334.2 of the Health and Safety Code that promote homeownership. (3764-3/07) b. The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household,plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value,then the value at the time of the resale shall be used as the initial market value. (3764-3/07) C. The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale. (3764-3/07) 3. Affordable unit distribution and product mix. Affordable units shall be located throughout the project and shall include a mixture of unit types in the same ratio as provided throughout the project. 4. Affordability agreement. Affordability shall be guaranteed through an "Affordability Agreement" executed through the developer and the City. Said agreement shall be recorded on the subject property with the Orange County Recorder's Office prior to the issuance of building permits and shall become effective prior to final inspection of the first unit. The subject agreement shall be legally binding and enforceable on the property owner(s) and any subsequent property owner(s) for the duration of the agreement. The agreement shall include, but not be limited to, the following items: (3764-3/07) a. The duration of the affordability and the number of the affordable units; (3764-3/07) b. The method in which the developer and the City are to monitor the affordability of the subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement; Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 7 of 57 KEY INSERTIONS: Double underline DELETIONS &riles C. The method in which vacancies will be marketed and filled; d. A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units within the project; and e. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices. 5. City action. Pursuant to this section the City shall: a. Grant a density bonus and at least one of the concessions or incentives identified in Section 230.14D unless the City makes a written finding pursuant to Section 230.14J. (3764-3/07) C. Calculation of Density Bonus. 1. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the project's percentage of affordable housing exceeds the percentage established in Section 230.14B. (3764-3/07) a. For housing developments meeting the low income criteria of Section 230.14B.La, the base density bonus of 20 percent shall be increased by one and one-half percent for every one percent increase in the percentage of low income units above 10%. The maximum allowable density bonus shall be 35 percent. (3764-3/07) b. For housing developments meeting the very low income criteria of Section 230.14B.Lb,the base density bonus of 20 percent shall be increased by two and one-half percent for every one percent increase in the percentage of very low income units above 5%. The maximum density bonus shall be 35 percent. (3764-3/07) C. For housing developments meeting the senior citizen housing criteria of Section 230.14B.1.c, the density bonus shall be 20 percent. (3764-3/07) d. For housing developments meeting the moderate income criteria of Section 230.1413.1.d,the base density bonus of five percent shall be increased by one percent for every one percent increase in the percentage of moderate income units over 10%. The maximum density bonus shall be 35 percent. (3764-3/07) 2. All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself,to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. As used in Section B, "total units"does not include units permitted by a density bonus awarded pursuant to this section. (3764-3/07) 3. The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required affordable units pursuant to subsection 230.14B.1. (3764-3/07) D. Incentives and Concessions. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 8 of 57 KEY INSERTIONS: Double underline DELETIONS gtfilc et 1. Types of incentives or concessions. The City shall grant an incentive or concession to the developer. An incentive or concession includes, but is not limited to,the following: (3764-3/07) a. A reduction in site development standards or modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. (3764-3/07) i. At the request of the developer, the City will permit a vehicular parking ratio, inclusive of handicapped and guest parking, for a development meeting the criteria of Section 230.1413 at ratios that shall not exceed: (3764-3/07) 1. Zero to one bedroom: one onsite parking space. (3764-3/07) 2. Two to three bedrooms: two onsite parking spaces. (3764-3/07) 3. Four or more bedrooms: two and one-half onsite parking spaces. (3764-3/07) ii. If the total number of parking spaces required for a housing development is other than a whole number,the number shall be rounded up to the next whole number. For purposes of the Section only, a housing development may provide "onsite parking"through tandem parking or uncovered parking but not through on-street parking. (3764-3/07) b. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. (3764-3/07) C. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions. (3764-3/07) 2. Number of Incentives and Concessions. An applicant for a density bonus shall receive the following number of incentives or concessions: (3764-3/07) a. One incentive or concession for projects that included at least 10 percent of the total units for lower income households, at least five percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development. (3764-3/07) b. Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development. (3764-3/07) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 9 of 57 KEY INSERTIONS: Double underline DELETIONS S4 eugk C. Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development. (3764-3/07) E. Waiver or Reduction of Development Standards. An applicant may submit to the city a proposal for the waiver or reduction of development standards. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible. (3764-3/07) F. Donation or Transfer of Land. A developer may donate or transfer land in lieu of constructing the affordable units within the project pursuant to Government Code § 65915 (h). (3764-3/07) G. Child Care Facilities. 1. When a developer proposes to construct a housing development that includes affordable units that conform to Section 230.1413 and includes a child care facility that will be located on the premises of, as part of, or adjacent to the housing development, the City shall grant either of the following: (3764-3/07) a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility. (3764-3/07) b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child card facility. (3764-3/07) 2. A housing development shall be eligible for the density bonus or concession described in this Section if the City makes all of the following findings: (3764-3/07) a. The child care facility will remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 230.14B.2. (3764-3/07) b. Of the children who attend the child care facility,the percentage of children of very low income households, lower income households, or moderate income households shall be equal to or greater than the percentage of dwelling units that are required to be affordable to very low income households, low income households, or moderate income households. (3764-3/07) 3. "Child care facility," as used in this section, means a child day care facility other than a family day care home, including, but not limited to, infant centers,preschools, extended day care facilities, and school age child care centers. (3764-3/07) H. Procedure. (3764-3/07) 1. In addition to submitting all documentation required to apply for a conditional use permit, a developer requesting a density bonus pursuant to this section shall include the following in the written narrative supporting the application: (3764-3/07) a. A general description of the proposed project, general plan designation, applicable zoning, maximum possible density permitted under the current zoning and general plan designation and such other information as is Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 10 of 57 KEY INSERTIONS: Double underline DELETIONS & l� necessary and sufficient. The property must be zoned and general planned to allow a minimum of five (5)units to qualify for a density bonus. b. A statement detailing the number of density bonus units being proposed over and above the number of units normally permitted by the applicable zoning and general plan designations. (3764-3/07) C. A description of the requested incentive or concessions that the developer requests. (3764-3/07) d. A calculation of the density bonus allowed. (3764-3/07) 2. All subsequent City review of and action on the applicant's proposal for a density bonus and/or consideration of any requested incentives or concessions shall occur in a manner concurrent with the processing of the conditional use permit and any other required entitlements, if any. If the developer proposes that the project not be subject to impact fees or other fees_regularly imposed on a development of the same type, final approval will be by the City Council. (3764-3/07) 3. The Planning Commission/City Council shall review the subject Affordability Agreement concurrently with the development proposal. No project shall be deemed approved until the Affordability Agreement has been approved by the City Council. (3710-6/05) 4. The Planning Commission/City Council may place reasonable conditions on the granting of the density bonus and any other incentives as proposed by the applicant. However, such conditions must not have the effect, individually or cumulatively, of impairing the objective of California Government Code Section 65915 et seq., and this section, of providing affordable housing for qualifying residents. (3764-3/07) 5. A monitoring fee, as established by resolution of the City Council, shall be paid by the applicant to the City prior to issuance of a certificate of occupancy for the first unit. This fee shall be in addition to any other fees required for the processing of the conditional use permit, environmental analysis, and/or any other entitlements required. I. Required findingspproval. (3764-3/07) 1. Density bonus. In granting a conditional use permit for a density bonus,the Planning Commission/City Council shall make all of the following findings: a. The proposed project, which includes a density bonus, can be adequately serviced by the City and County water, sewer, and storm drain systems without significantly impacting the overall service or system. b. The proposed project,which includes a density bonus, will not have a significant adverse impact on traffic volumes and road capacities, school enrollments, or recreational resources. C. The proposed project which includes a density bonus is compatible with the physical character of the surrounding area. d. The proposed project, which includes a density bonus, is consistent with the overall intent of the General Plan. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 11 of 57 KEY INSERTIONS: Double underline DELETIONS Strip e. If located within the coastal zone, the proposed project which includes a density bonus will not result in the fill, dredge, or diking of a wetlands. (3334-6/97) J. Required finding for denial. (3764-3/07) 1. Concessions or Incentives. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following: (3764-3/07) a. The concession or incentive is not required in order to provide affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in California Government Code Section 65915(c). (3764-3/07) b. The concession or incentive would have a specific adverse impact, as defined in paragraph(2) of subdivision(d) of California Government Code Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate-income households. (3764-3/07) 230.16 Manufactured Homes A. General Requirements. Manufactured homes may be used for residential purposes if such manufactured home conforms to the requirements of this section and is located in an R district. Manufactured homes also may be used for temporary uses, subject to the requirements of a temporary use permit issued under Chapter 241. B. Location and Design Requirements. Manufactured homes may be located in any R district where a single family detached dwelling is permitted, subject to the same restrictions on density and to the same property development standards,provided that such manufactured home meets the design and locational criteria of this subsection. These criteria are intended to protect neighborhood integrity, provide for harmonious relationship between manufactured homes and surrounding uses, and minimize problems that could occur as a result of locating manufactured homes on residential lots. 1. Location Criteria: Manufactured homes shall not be allowed: a. On substandard lots that do not meet the dimensional standards of Chapter 210; b. As a second or additional unit on an already developed lot; or c. As an accessory building or use on an already developed lot. 2. Design Criteria: Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards: a. Each manufactured house must be at least 16 feet wide; b. It must be built on a permanent foundation approved by the Building Official; Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 12 of 57 KEY INSERTIONS: Double underline DELETIONS Strip c. It must have been constructed after June 1, 1979, and must be certified under the National Manufactured Home Construction and Safety Act of 1974; d. The unit's skirting must extend to the finished grade; e. Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited; f. The roof must have a pitch of not fewer than 2 inches vertical rise per 12 inches horizontal distance,with eave overhangs a minimum of 12 inches; g. The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent editions of the Uniform Building Code fire rating approved in the City of Huntington Beach; h. The floor must be no higher than 20 inches above the exterior finished grade; and i. Required enclosed parking shall be compatible with the manufactured home design and with other buildings in the area. C. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the State of California shall be canceled, pursuant to state laws and standards. Before occupancy,the owner shall provide to the Director satisfactory evidence showing: that the state registration of the manufactured house has been or will, with certainty, be canceled; if the manufactured house is new and has never been registered with the state,the owner shall provide the Director with a statement to that effect from the dealer selling the home. 230.18 Subdivision Sales Offices and Model Domes Subdivision sales offices and model homes in conjunction with an approved subdivision is permitted with the following requirements. (3525-2/02) A. The office shall be discontinued within 30 days following sale of the last on-site unit. A cash bond shall be posted with the City in the amount of$1,000 for the sales office and $1,000 for each model home to guarantee compliance with the provisions of this code. B. The developer or contractor shall furnish a site plan showing the placement of the sales office and all model signs,parking signs, directional signs,temporary structures,parking and landscaping. C. No sales office shall be converted or expanded into a general business office for the contractor or developer. 230.20 Payment of Park Fee As a condition of development approval, all new commercial and industrial development and all new residential development not covered by Chapter 254 of Title 25, Subdivision Ordinance, except for mobile home parks, shall pay a park fee. The fees shall be paid and calculated according to a schedule adopted by City Council resolution. (EMG 3594-11/02,EMG 3596-12/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 13 of 57 KEY INSERTIONS: Double underline DELETIONSl� 230.22 Residential Infill Lot Developments The following Residential Infill requirements are intended to minimize impacts on contiguous developed single family residential property and provide standards that insure compatibility and appropriate design for projects located within existing residential neighborhoods, unless to do so would contravene the terms of an existing Development Agreement. (3301-11/95) Infill development site plans and building design shall be harmonious and compatible with streets, driveways,property lines, and surrounding neighborhood. Compatibility considerations should include, but not be limited to, lot size, lot frontages, building layout, building configuration and design, building materials,product type, grade height and building height relative to existing dwellings, and visual intrusion concerns. The Director of Planning shall cause all requests for plan check and issuance of building permits for residential infill lot development to be reviewed in accordance with these requirements. (3301-11/95,3710-6/05) A. Privacy Design Standards. l. New residences and accessory dwelling units shall off-set windows from those on existing residences to insure maximum privacy. The use of translucent glass or similar material, shall be used for all bathroom windows facing existing residences. Consider locating windows high on elevations to allow light and ventilation, and insure privacy. (3301-11195,3710-6/05) 2. Minimize the canyon effect between houses by clipping roof elevations on side yards. Provide roof line variations throughout a multi-dwelling infill development. (3301-11/95) 3. Provide architectural features (projections, off-sets)to break up massing and bulk. 4. Upper story balconies shall be oriented toward the infill house's front or rear yard areas, a public street or permanent open space. (3301-11/95) B. Noise Considerations. 1. Swimming pool/hot tub equipment, air conditioning equipment, and other permanently installed motor driven equipment shall be located to minimize noise impacts on contiguous residences. (3301-11/95) C. Pad Height. 1. Pad height for new construction shall match to the extent feasible pad heights of contiguous residences. Any property owner/developer who intends to add fill above the height of the existing contiguous grades shall demonstrate to the Community Development Director and the City Engineer that the additional fill is not detrimental to surrounding properties in terms of compatibility and drainage issues. (3301-11/95) D. Public Notification Requirements. 1. Ten(10) working days prior to submittal for plan check (plan review)the applicant shall give notice of the application to adjacent property owners and the City of Huntington Beach, Department of Community Development by first class mail. The notice of application shall include the following: (3301-11/95) a. Name of applicant; Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 14 of 57 KEY INSERTIONS: Double underline DELETIONS S#ike� b. Location of planned development, including street address (if known)and/or lot and tract number; (3301-11/95) c. Nature of the planned development, including maximum height and square footage of each proposed infill dwelling unit; (3301-11/95) d. The City Hall telephone number for the Department of Community Development to call for viewing plans; e. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten(10)working days from plan check(plan review) submittal; and f. The address of the Department of Community Dcvelopment. 2. The applicant shall submit a copy of each notice mailed and proof of mailing of the notice(s) when submitting the application for plan check(plan review). The adjacent property owners shall have ten (10) working days from plan check(plan review) submittal to provide comments regarding the application to the Director of Community Development. All decisions of the Director regarding the application shall be final. (3301-11/95) 230.24 Small Lot Development Standards A. Permitted Uses. The following small lot development standards are provided as an alternative to attached housing in multi-family districts. Small lot developments are permitted in RM, RMH, and RH Districts (excluding RL Districts and RMH-A Subdistricts) subject to approval of a Conditional Use Permit and Tentative Map by the Planning Commission. The Design Review Board shall review and forward recommendations on all small lot development proposals prior to Planning Commission action. These standards shall apply to all small lot subdivisions, whether the tentative map is designed with single units per lot, or multiple units per lot (condominium). B. Design standards. The following standards shall be considered by the Planning Commission prior to development approval: 1. Architectural features and general appearance of the proposed development shall enhance the orderly and harmonious development of the area or the community as a whole. 2. Architectural features and complementary colors shall be incorporated into the design of all exterior surfaces of the building in order to create an aesthetically pleasing project. 3. All vehicular access ways shall be designed with landscaping and building variation to eliminate an alley-like appearance. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 15 of 57 KEY INSERTIONS: Double underline DELETIONS S�ril eegI C. Development Standards. The following standards shall apply to all small lot developments: Minimum Building Site or Lot Size 3,100 sq. ft. (3,400 sq. ft. avg.) Minimum Lot Frontage 40 ft. Cul de sac and knuckle 30 ft. Maximum Height Dwellings 30 ft.; max. 2 stories except 3rd level permitted<500 sq. ft. Min. 5/12 roof pitch No decks above the second story Accessory Structures 15 ft. Minimum Setbacks Front Dwelling 15 ft. + offsets in front fagade Covered Porches (unenclosed) 10 ft. Garage 18 ft Upper Story Upper story setback shall be varied Side 8 ft. aggregate,min. 3 ft. 0 ft. permitted with min. 8 ft. on other side Street Side 10 ft.; includes min. 4 ft. landscape lettered lot (6 ft. between bldg. and prop. line) Rear Dwelling 15 ft.; 50%of bldg. width may be at 13 ft. Garage 3 ft.; 0 ft. if garage is designed to back to another garage Maximum Lot Coverage 50%+ 5% for covered porches,patio covers, balconies. Maximum Floor Area Ratio (FAR) 0.7 Minimum Interior Garage Min. 400 sq. ft.; Dimension(width x depth) min. 18 ft. wide Minimum Building Separation to 6 ft. Accessory Building Open Space Common recreational area Projects of 20 units or more: (project) 150 sq. ft./unit; min. 5,000 sq. ft.; min. 50 ft. dimension. Projects less than 20 units: Min. 600 sq. ft. private and/or common per unit. Private open space excludes side and front yard setback areas. Common open space requires min. 10 ft. dimension. Required Parking Small lot developments shall provide parking consistent with single family residential developments specified in Chapter 231. In Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 16 of 57 KEY INSERTIONS: Double underline DELETIONS 561 addition, minimum 1 on-street space per unit for guest/visitor parking shall be provided. A parking plan depicting the location of all parking spaces shall be submitted with the conditional use permit application. Street Sections Streets The city shall review proposed street sections upon submittal of the tentative map and conditional use permit applications. Min. 36 ft. curb to curb may be permitted provided all units in the development are equipped with automatic sprinkler systems—On-street parking shall be provided on both sides of the street. Sidewalks/Parkways Sidewalks shall be provided on both sides of the street. Min. 6 ft. landscape parkways may be provided on both sides of the street. Sidewalk widths shall be designed to Public Works Standards. Walls and Fences Block walls required; may allow wrought iron element where appropriate Landscaping Tree wells adjacent to landscape parkways on the street side of curb is encouraged, however shall not encroach into the min. 24 foot wide drive aisle. Also see Chapter 232 Landscaping 230.26 Affordable Rousing (3687-12/04) A. Purpose. l. The purpose and intent of this Chapter is to implement the goals, objectives and policies of the City's Housing Element. It is intended to encourage very low, low-and median income housing,which is integrated, compatible with and complements adjacent uses, and is located in close proximity to public and commercial services. (3687-12/04) 2. The affordable housing program is one tool the City utilizes to meet its commitment to provide housing affordable to all economic sectors, and to meet its regional fair- share requirements for construction of affordable housing. (3687-12/04) B. Applicability. This section shall apply to new residential projects three (3) or more units in size. (3687-12/04) 1. A minimum of ten(10)percent of all new residential construction shall be affordable housing units. (3687-12/04) 2. Rental units included in the project shall be made available to very low or low- income households based on the Orange County Median Income, adjusted for Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 17 of 57 KEY INSERTIONS: Double underline DELETIONS ,Strip appropriate family size, as published by the United States Department of Housing and Urban Development or established by the State of California,pursuant to Health and Safety Code Section 50093, or a successor statute. (3687-12/04) 3. For sale units included in the project shall be made available to very low, low or median income level households based on the Orange County Median Income, adjusted for appropriate family size, as published by the United States Department of Housing and Urban Development or established by the State of California, pursuant to Health and Safety Code Section 50093, or a successor statute. (3687-12/04) 4. Developers of residential projects consisting of nine or fewer units may elect to pay a fee in lieu of providing the units on-site to fulfill the requirement of the Section,unless the affordable housing requirement is outlined as part of a specific plan project. (3687-12/04) 5. Developers of residential projects may elect to provide the affordable units at an off-site location pursuant to subsection B unless otherwise outlined as part of a specific plan project. If affordable units are off-site, they must be under the full control of the applicant, or other approved party. (3687-12/04) 6. New residential projects shall include construction of an entirely new project or new units added to an existing project. For purposes of determining the required number of affordable housing units, only new units shall be counted. (3687-12/04) C. Fees in Lieu of Construction. 1. Fees paid to fulfill the requirements of this Section shall be placed in the City's Affordable Housing Trust Fund,the use of which is governed by subsection E. (3687-12/04) 2. The amount of the in-lieu fees shall be calculated using the fee schedule established annually by resolution of the City Council. (3687-12/04) 3. One hundred(100)percent of the fees required by this Section shall be paid prior to issuance of a building permit. (3687-12/04) 4. Fees paid as a result of new residential projects shall be based upon the total number and size of the new residential units which are to be constructed. (3687- 12/04) D. Off-Site Construction of Affordable Units. Except as may be required by the California Coastal Act and/or the California Government Code Section 65590 or a successor statute, developers may provide the required affordable housing off-site, at one or several sites, within the City of Huntington Beach. (3687-12/04) 1. Off-site projects may be new construction or major physical rehabilitation, equal to more than one-third the value of the existing improvement, excluding land value, of existing non-restricted units conditioned upon being restricted to long- term affordability. "At Risk" units identified in the Housing Element or mobile homes may be used to satisfy this requirement. (3687-12/04) 2. All affordable off-site housing shall be constructed or rehabilitated prior to or concurrently with the primary project. Final approval (occupancy)of the first market rate residential unit shall be contingent upon the completion and public Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 18 of 57 KEY INSERTIONS: Double underline DELETIONS gtfi availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. (3687-12/04) E. Miscellaneous Provisions. 1. The conditions of approval for any project that requires affordable units shall specify the following items: (3687-12/04) (a) The density bonus being provided pursuant to Section 230.14, if any; (3687- 12/04) (b) The number of affordable units; (3687-12/04) (c) The number of units at each income level as related to Orange County Median Income; and (3687-12/04) (d) A list of any other incentives offered by the City. (3687-12/04) 2. An Affordable Housing Agreement outlining all aspects of the affordable housing provisions shall be executed between the applicant and the City and recorded with the Orange County Recorder's Office prior to issuance of the first building permit. (3687-12/04) 3. The Agreement shall specify an affordability term of not less than sixty (60)years. (3687-12/04) 4. In a project requiring an in-lieu fee, the applicant shall execute and record an Agreement to pay an Affordable Housing In-Lieu Fee. (3687-12/04) 5. All affordable on-site units in a project shall be constructed concurrently with or prior to the construction of the primary project units unless otherwise approved through a phasing plan. Final approval (occupancy) of the first market rate residential unit shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. (3687-12/04) 6. All affordable units shall be reasonably dispersed throughout the project unless otherwise designed through a master plan, shall contain on average the same number of bedrooms as the market rate units in the project, and shall be comparable with the market rate units in terms of exterior appearance,materials and finished quality. (3687-12/04) 7. Affordable Housing Trust Funds shall be used for projects which have a minimum of fifty (50)percent of the dwelling units affordable to very low- and low-income households, with at least twenty(20)percent of the units available to very low- income households. Concurrent with establishing the annual fee schedule pursuant to subsection C, the City Council shall by resolution set forth the permitted uses of Affordable Housing Trust Funds. All units that obtain.Affordable Housing Trust Funds shall maintain the affordability of the units for a minimum of sixty (60)years. The funds may, at the discretion of the City Council, be used for pre- development costs, land or air rights acquisition, rehabilitation, land write downs, administrative costs, gap financing, or to lower the interest rate of construction loans or permanent financing. (3687-12/04) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 19 of 57 KEY INSERTIONS: Double underline DELETIONS gtril eat 8. New affordable units shall be occupied in the following manner: (3687-12/04) (a) If residential rental units are being demolished and the existing tenant(s) meets the eligibility requirements, he/she shall be given the right of first refusal to occupy the affordable unit(s); or (3687-12/04) (b) If there are no qualified tenants, or if the qualified tenant(s) chooses not to exercise the right of first refusal, or if no demolition of residential rental units occurs, then qualified households or buyers will be selected. (3687-12/04) F. Price of Affordable Units. Affordable units shall be sold or rented at prices affordable to very low, low- or median-income households pursuant to terms of the Affordable Housing Agreement. (3687-12/04) 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations The following supplemental development standards shall apply to the Service Station use classification. A. Minimum parcel size. 22,500 square feet. B. Minimum frontage. 150 feet and located at the intersection of arterial highways. C. Site La. out. Conditions of approval of a conditional use permit may impose restrictions on outdoor storage and display and location of pump islands, canopies and service bay openings and require buffering, screening, lighting, or planting areas necessary to avoid adverse impacts on properties in the surrounding area. D. Design standards. 1. In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. Service stations shall be designed so that form and scale are harmonious and consistent with the character of the specific site,the adjacent uses and structures, and the general neighborhood. 2. The location, number, and design of driveways as well as on and off-site traffic circulation impacts shall be analyzed. 3. Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties. A maximum of 3 service bays shall be permitted per site, none of which shall face a public right-of-way. 4. Lighting shall be of low profile design, indirect or diffused, and shall create no negative impact on surrounding uses. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 20 of 57 KEY INSERTIONS: Double underline DELETIONS Stri�� 5. A minimum 10 percent of the site shall be landscaped. Landscaping plans shall conform to all applicable provisions of Chapter 232 as well as conform to the following requirements: a. A 3 foot-wide planter(inside dimension) along interior property lines shall be provided, except at vehicular circulation openings. Additional landscaping may be required to screen service bays from surrounding properties. b. A 600 square-foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets. c. A total of 70 square feet of planting area shall be located adjacent to and on the street side of the main building. 6. Buildings shall conform to the setback regulations stated for the district in which the site is located. Pump islands and canopy structures shall maintain the following minimum setbacks from street side property lines: Pump island: 20 feet Canopy: 10 feet with ground clearance of 12 feet E. Storage of Materials and Equipment. The provisions of Section 230.74, Outdoor Facilities, shall apply, except that a display rack for automobile products no more than 4 feet wide may be maintained at each pump island of a service station and a single tire storage display no more than 8 feet high and 16 feet long may be located on the site of a service station. If display racks are not located on pump islands, they shall be placed within 3 feet of the principal building, and shall be limited to 1 per street frontage. Outside storage of motor vehicles for more than 24 hours(7 days if the vehicle is actively being serviced) is prohibited, except as provided for truck and utility trailer rentals. The location of display racks and vending machines shall be specified by the conditional use permit. F. Accessory Uses. The accessory uses listed below shall be permitted as included on the approved site plan. Such uses shall be subordinate to the main operation and shall not impede safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential customers. Such uses shall be included as part of the original conditional use permit request or shall be subject to a new conditional use permit if proposed subsequent to the original conditional use permit. 1. Convenience markets are permitted provided no automotive repair or truck or trailer rental is permitted on the same site. 2. Automatic washing, cleaning and waxing of vehicles. Such activity shall be of an integral design with the main structure. 3. Truck and utility truck rental is permitted provided the trucks do not exceed 25 feet in length and are stored a minimum of 50 feet from the street property lines. 230.34 Dousing of Goods All goods, wares, merchandise,produce, and other commodities which are stored or offered for sale or exchange in the commercial and industrial districts shall be housed in permanent buildings except as otherwise provided by this code. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 21 of 57 KEY INSERTIONS: Double underline DELETIONS SiI� 230.36 Transportation Demand Management A. Purpose and intent. It is the purpose and intent to implement the requirements of Government Code Section 65089.3(a)(2), to mitigate the impacts that development projects may have on transportation mobility, congestion and air quality, and to promote transportation demand management strategies. B. Definitions. For purposes of this Section, the following definitions for the following terms shall apply: 1. Alternative transportation mode: Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing, public transit, bicycling or walking. 2. Carpool: Two (2)to six (6)persons traveling together in a single vehicle. 3. Employ: Means any person employed by a firm,person(s), business, educational institution, non-profit agency or corporation, government agency,or other entity which employs 100 or more persons at a single worksite. "Employee" shall include persons employed on a full-time,part-time, or temporary basis. 4. Employer: Means any person(s), firm, business, educational institution, government agency, non-profit agency or corporation, or other entity which employs or houses tenants that collectively employ 100 or more employees at a worksite on a full and/or part-time/temporary basis. 5. Building Size: Means the total gross floor area measured in square feet of a building or group of buildings at a worksite. Includes the total floor area of both new development and existing facilities. 6. Mixed-Use Development: Means new development projects that integrate any one of these land uses with another: residential, office, commercial, industrial and business park. 7. Tenant: Means the lessee of facility space at a development project who may also serve as an employer. 8. Transportation Demand Management Means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools and transit; and reduction of VMT and the number of vehicle trips. 9. Vanpool: Means a vehicle occupied by seven (7) or more persons traveling together. 10. Worksite: Means a building or group of buildings which are under common ownership and the place of employment,base of operation, or predominate location of an employee or group of employees. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 22 of 57 KEY INSERTIONS: Double underline DELETIONS S#i� C. Applicability: 1. These provisions apply to commercial, industrial, institutional, or other uses which are determined to employ 100 or more persons, as determined by the employee generation factors specified under subsection 4. This includes any permit for existing facilities that already have 100 or more employees or will have 100 or more employees. 2. These provisions apply to all districts,planned communities and specific plan areas including those covered by development agreements. These provisions shall supersede other ordinances with which there is a conflict. 3. Notwithstanding "1" above, the following uses and activities shall be specifically exempt from the provisions of this section: a. Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers. b. Other temporary use classifications or as authorized by the Planning Zoning Administrator/Director when such temporary activities are for a period not to exceed 30 days and held no more than once a year. (3710-6/05) 4. Employee generation factors shall be based on one of the following: a. Employment projections developed by the property owner, subject to approval by the Director; b. Building sizes shall be considered equivalent to the 100 employee threshold as follows: Building Size (in square feet) Type of Use Equivalent to 100 Employ Office/Professional 35,000 Hospital and Medical/Dental 40,000 Industrial (excluding Warehouses) 50,000 Commercial/Retail 50,000 Hotel 0.8 employees/hotel room Motel 1.2 Resort Hotel 100,000 Mixed or multiple use Warehouse 100,000 * The employment projection for a development of mixed or multiple uses shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 23 of 57 KEY INSERTIONS: Double underline DELETIONS 8"� D. Site development standards: Development projects subject to this section shall comply with the following site development standards: 1. Parking for Carpool Vehicles a. The following percentages of the total required parking spaces per Chapter 231 shall be reserved and designated for employee carpool vehicles by making such spaces "Carpool Only": Percent of Total Parking Devoted to Type of Use Employee Carpool Parking Office Professional 13% Hospital and Medical/Dental Office 9% Industrial/Warehouse 14% Commercial/Retail 5% Hotel space for every 2 employees b. Carpool spaces shall be located near the building's identified employee entrance(s) or at other preferential locations within the employee parking areas as approved by the Director. 2. Shower and Locker Facilities Shower and locker facilities shall be provided for use by employees or tenants who commute to the site by bicycle or walking. The use of such facilities shall be provided at no cost to the user. The design of such facilities shall be shown on the plot plans in the permit application and conform to the following: a. Lockers shall be provided at a minimum ratio of 1 for every 20 employees. b. Separate shower facilities shall be provided at a minimum rate of 2 per 100 employees. 3. Bicycle Parking a. Bicycle parking facilities shall be provided at the minimum rate of 1 bicycle parking space for every 20 employees or fraction thereof, in a secure location, and in close proximity to employee entrances, for use by employees or tenants who commute to the site by bicycle. b. A bicycle parking facility shall be a stationary object to which the user can lock the bicycle frame and both wheels with a user-provided six (6) foot cable and lock. 4. Commuter Information Areas A commuter information area shall be provided to offer employees appropriate information on alternative transportation modes. This area shall be centrally located and accessible to all employees or tenants and shall be sufficient size to accommodate such information on alternative transportation modes. 5. Passenger Loading Areas Unless determined unnecessary by the decision-maker, per Title 24,passenger loading areas to embark and disembark passengers from rideshare vehicles and public transportation shall be provided as follows: Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 24 of 57 KEY INSERTIONS: Double underline DELETIONS gtti�� a. Passenger loading area shall be large enough to accommodate the number of waiting vehicles equivalent to 1%of the required parking for the project. b. The passenger loading areas shall be located as close as possible to the identified employee entrance(s), and shall be designed in a manner that does not impede vehicular circulation in the parking area or in adjoining streets. 6. Parking for Vanpool Vehicles Unless determined unnecessary by the decision-maker,per Title 24,parking for vanpool vehicles shall be provided as follows: a. The number of vanpool parking spaces shall be at least 1% of the employee carpool parking spaces and reserved for such by marking the spaces "Vanpool Only." b. For parking structures, vanpool vehicle accessibility shall include minimum 7' 2" vertical clearance. c. Vanpool parking spaces shall be located near identified employee entrance(s) or other preferential locations. 7. Bus Stops Unless determined unnecessary by the decision-maker,per Title 24,bus shelter,pullouts, and pads shall be provided as necessary in consultation with affected transit service providers. 230.38 Game Centers The following supplemental requirements shall apply to the operation of game centers, including mechanical or electronic games or any other similar machine or device, in order to control the location and hours of operation of game centers so as not to allow school children to play the games during school hours or to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages. The following conditions shall apply: (3710-6/05) A. Neighborhood Notification. Submit a request to the Director with neighborhood notification pursuant to Chapter 241. (3710-6105) B. Adult Manager. At least one adult manager shall be on the premises during the time a game center is open to the public. C. Hours of Operation for Minors under 18 Years of Agee. No game center owners, manager or employees shall allow a minor under 18 years of age to play a mechanical or electronic game machine during the hours the public schools of the district in which the center is located are in session, or after 9 p.m. on nights preceding school days, or after 10 p.m. on any night. It is the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours. D. Locational Criteria. A game center shall not be permitted within 2,500 feet of a school site, 300 feet of the boundary of a residential district, or within 500 feet of a liquor store, a nightclub, cocktail lounge or bar. The distance shall be measured as walking distance from the game center to the property line of the school site,the district boundary, or the property line of the liquor store, nightclubs, cocktail lounge, or bar, as the case may be. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 25 of 57 KEY INSERTIONS: Double underline DELETIONS &'+i g} E. Restrictions. The Director may impose reasonable restrictions on the physical design, location, and operation of a game center and require a special bicycle parking area in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health, safety and welfare of the surrounding community. (3710-6/05) 230.40 Helicopter Takeoff and Landing Areas A. Permit Required. A conditional use permit may be issued for the construction and operation of a heliport, helipad, or helistop if the Planning Commission finds that: l. The helipad, heliport, or helistop conforms to the locational criteria and standards established in Subsections (B) and (C) of this section, and the requirements of the California Department of Transportation, Division of Aeronautics; 2. The heliport, helipad, or helistop is compatible with the surrounding environment; and 3. The proposed operation of the helicopter facility does not pose a threat to public health, safety or welfare. The Commission may impose conditions of approval on the conditional use permit to prevent adverse impacts on surrounding properties. If such impacts can not be mitigated to an acceptable level, the conditional use permit application shall be denied. B. Locational Criteria. l. Minimum Separation. Minimum separation between heliports, helipads, and helistops shall be 1.5 miles, except for facilities specifically intended for emergency use, such as medical evacuation or police functions, and temporary landing sites. 2. Protected Areas. No heliport, helipad, or helistop shall be located within 1,000 feet of an R district or the site of a public or private school, except for heliports or helistops specifically intended only for emergency or police use. Temporary landing sites within 1,000 feet of a public or private school may be allowed with a temporary use permit subject to approval of the California Department of Transportation. C. Site Development Standards. 1. Approach and departure paths 65 feet wide shall be free of obstruction for a minimum distance of 400 feet. 2. Setbacks from property lines shall be as follows: a. Takeoff and landing area- 50 feet; b. Helicopter maintenance facilities - 25 feet; c. Administrative or operations building - 15 feet. 3. Any lighting used for nighttime operations shall be directed away from adjacent properties and public rights-of-way. 4. A telephone shall be provided on or adjacent to the heliport,helipad or helistop. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 26 of 57 KEY INSERTIONS: Double underline DELETIONS Stril e 5. Helipads or helistops intended for emergency use shall have a landing pad with a standard landing area designated and the words "Emergency Only." The initial direction of the departure routes shall be indicated on the takeoff and landing area. D Application Requirements. The following additional information shall be submitted with a conditional use permit application: (3710-6i05) 1. An area map, at a scale of 1" = 800' showing existing land use within a two-mile radius of the facility site and the proposed flight paths. 2. A plot plan of the site and vicinity, including all land within a 400-foot radius of the takeoff and landing area,that shows clearly the height of the takeoff and landing area; the height of existing, approved and proposed structures and trees within 50 feet of the approach and takeoff flight paths; and the maximum allowable building height under existing zoning. 3. A description of the proposed operations, including the type of use, names and descriptions of helicopters expected to use the facility, and anticipated number and timing of daily flights. 4. A helicopter noise study including a map of the approach and departure flight paths at a scale of 1" = 800' showing existing day/night average noise levels in decibels (LDN noise contours), future day/night average noise levels with the proposed facility and anticipated flight operations, and single-event maximum sound levels associated with the types of helicopters expected to use the facility. 230.42 Bed and Breakfast Inns A. Permit Required. The Zoning Administrator may approve a conditional use permit for a bed and breakfast inn in any C District and RMH-A District after a duly noticed public hearing upon finding that: (3710-6i05) 1. The bed and breakfast inn will be operated by a property owner living on the premises; 2. The bed and breakfast inn conforms to the design and development standards of Subsection(B) of this section and is compatible with adjacent buildings in terms of building materials, colors and exterior finishes; and 3. Public and utility services, including emergency access, are adequate to serve the bed and breakfast inn. B. Design and Development Standards. 1. Minimum Size and Maximum Number of Guest Rooms. The inn shall contain at least 2,000 square feet, but no more than six rooms shall be rented for lodging. 2. Parking. The requirements of Chapter 231 shall apply. 3. Signs. The requirements of Chapter 233 apply. In addition, in the RMH-A district, no identifying sign shall be displayed other than a sign no larger than 2 square feet identifying the name of the establishment. The face of the sign may be indirectly illuminated by an exterior light source entirely shielded from view,but no internal illumination from an interior light source shall be permitted. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 27 of 57 KEY INSERTIONS: Double underline DELETIONS 84il� 230.44 Recycling Operations Collection containers shall be permitted for charitable organizations such as Goodwill. Recycling containers shall be permitted as an accessory use to a permitted use. Recycling and collection containers shall not be located within required parking or landscaped areas or obstruct pedestrian paths. Recycling as an accessory use shall not exceed 500 square feet including any required attendant parking space. A recycling operation as a primary use shall comply with the development standards contained in Chapter 212. 230.46 Single Room Occupancy Single room occupancy(SRO) shall comply with the following requirements: A. General Provisions. 1. All projects shall comply with the most recently adopted City Building, Plumbing, Mechanical, Electrical, Fire, and Housing Codes. 2. No more than one (1)person shall be permitted to reside in any unit, excluding the manager's unit and up to 25 percent of the total number of units which have double Occupancy. (3494-5/01) 3. A Management Plan shall be submitted for review and approval with the conditional use permit application. The Management Plan shall contain management policies, operations, emergency procedures, overnight guest policy, security program including video cameras monitoring building access points at every floor, rental procedures and proposed rates,maintenance plans, staffing needs, and tenant mix, selection and regulations. Income levels shall be verified by a third parry and submitted to the City of Huntington Beach as part of the annual review. (3494-5/01) 4. An on-site, twenty-four(24)hour manager is required in every SRO project. In addition, a manager's unit shall be provided which shall be designed as a complete residential unit, and be a minimum of 300 square feet in size. (3494-5/01) 5. Rental procedures shall allow for monthly tenancies only; deposit requirements shall be specified. (3494-5101) 6. All units within SRO projects shall be restricted to very low and low income individuals as defined by the City's housing element, with the exception of the twenty-four(24) hour manager. Rental rates shall be calculated using a maximum of 30% of income toward housing expenses based on County of Orange income figures. (3494-5/01) 7. Each SRO project shall be subject to annual review by the City which includes the review of management services. The management services plan shall define third party verification criteria. The SRO project owner shall be responsible for filing an annual report to the Planning and Economic Development Departments which includes the range of monthly rents, the monthly income of residents, occupancy rates, and the number of vehicles owned by residents. (3494-5/01) 8. The Planning Commission or City Council may revoke the conditional use permit if any violation of conditions or any of the adopted Huntington Beach Codes occurs. (3494-5/01) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 28 of 57 KEY INSERTIONS: Double underline DELETIONS 84ilet►gh B. Unit Requirements. 1. Minimum unit size shall be 250 square feet except double occupancy units shall be a minimum of 400 square feet. (3494-5/01) 2. Maximum unit size shall be three hundred(300) square feet excluding manager's unit and double occupancy units. (3494-5/01) 3. Each unit shall contain a kitchen and bathroom. (3494-5/01) a. Kitchens shall contain a sink with garbage disposal, counter top (minimum 16" x 24"), refrigerator, and stove/oven unit and/or microwave; (3494-5/01) b. If stoves/oven units are not provided in each unit, then stoves/oven units shall be provided in a common kitchen area(s). (3494-5/01) c. Bathrooms shall contain a lavatory, toilet, and shower or bathtub. d. Each unit shall have a minimum forty-eight(48) cubic feet of closet/storage space. C. Project Requirements. 1. Common recreational space shall be provided in each project as follows: a. Minimum common recreational space shall be four hundred(400) square feet. b. For projects exceeding thirty(30) units, an additional 10 square feet of recreational space per unit is required. (3494-5/01) Units that are 400 square feet or greater shall have a minimum of 15 square feet of recreational space per unit. (3494-5/01) c. Common recreational space may be indoor or outdoor provided there is at least forty percent(40%) allotted toward indoor space and forty percent(40%) outdoor space; the balance may be either indoors or outdoors. d. Common recreational space may be in separate areas provided each space is not less than two hundred (200) square feet in size and has no less than a ten (10) foot dimension. 2. A single controlled entryway for routine ingress and egress shall be situated adjacent to and in full view of the manager's desk. 3. A secured office area shall be incorporated in the facility for the storage of confidential resident records and security office personnel. (3494-5101) 4. Mailboxes shail be provided for each unit located near the lobby in plain view of the entry desk. (3494-5/01) 5. Handicap access facilities shall be as required by applicable state or local law. (3494-5/01) 6. At least one handicapped-accessible unit shall be required for every twenty(20)units. (3494-5/o1) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 29 of 57 KEY INSERTIONS: Double underline DELETIONS &A�� 7. Laundry facilities shall be provided in a separate room in a location near the common indoor recreational space. Washers and dryers may be coin operated. (3494-5/01) 8. A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub with hot and cold water on every floor shall be provided on every floor. (3494-5/01) 9. Storage Lockers (3494-5/01) a. Storage lockers shall be provided in a secured area. b. The cumulative total of locker space shall be no less than a ratio often(10) cubic feet per unit. 10. All common indoor space areas shall have posted in a conspicuous location a notice from the City's Planning Department regarding contact procedures to investigate housing code violations. (3494-5/01) 11. Bicycle stalls shall be provided at a minimum of one (1) stall per five (5) units in a secured and enclosed and covered area. (3494-5/01) 12. Trash disposal chutes as well as a centralized trash area shall be provided on all multi-story projects. (3494-5/01) 13. A minimum of two (2)pay telephones shall be provided in the lobby area. The telephone service shall only allow outgoing calls. (3494-5/01) 14. Phone jack(s) shall be provided in each unit. (3494-5/01) 15. A shipping and receiving/maintenance garage shall be provided near a convenient vehicular access on the ground floor. (3494-5101) 230.48 Equestrian Centers A. Permit Required. Equestrian centers shall be permitted in the OS-PR and PS districts, subject to the approval of a conditional use permit by the Planning Commission. Where all off-site improvements are not provided, initial approval shall be for a maximum period of five years subject to annual review. One year extensions of time may be granted after public hearing by the Planning Commission. On requests to allow a facility on a permanent basis,the Planning Commission shall determine required improvements based on the existing and proposed land uses and the existing off-site improvements within the area. B. Design and Development Standards. 1. Minimum Parcel Size/Frontage. The minimum lot size and lot frontage shall be: Area Frontage Temporary facilities: 2 acres 100 feet Permanent facilities: 5 acres 100 feet 2. Density/Riding. Maximum density for horse facilities shall be determined by the following criteria: Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 30 of 57 KEY INSERTIONS: Double underline DELETIONS �ttil� (a) Maximum density shall be twenty-five (25)horses per acre. (b) Minimum riding area shall be five thousand(5,000) square feet per fifteen(15) horses. For facilities with over one hundred(100)horses,two separate arenas shall be provided. In the alternative, off-site riding area shall be provided adjacent to the facility at the rate of one acre per fifteen(15) horses. (c) Exercise rings shall have no dimension less than thirty(30) feet. (d) The minimum arena size shall be ten thousand (10,000) square feet with no dimension less than eighty(80) feet. 3. Maximum Building Height. Maximum building height shall be thirty(30) feet. 4. Required Setbacks. Front: 50 feet (30 feet for caretaker's residence) Interior side: 25 feet Exterior side: 50 feet Rear: 25 feet Minimum distance to any 300 feet residential zone or use: 5. Corral Desijzn. Corrals designed for one horse shall comply with the following requirements. Corrals designed for more than one horse shall provide a minimum area ,per horse as indicated below. All corrals, racks and stalls shall be of compatible design, materials to be approved by the fire department. (a) Corral size: 288 square feet Minimum dimension: 12 feet Shelter size: 96 square feet Minimum dimension: 8 feet (b) Each corral shall have an approved water system with automatic drinking controls provided. (c) Box stalls may be provided in lieu of horse corrals. Such stalls shall be a minimum of 144 square feet with no dimension less than twelve (12) feet. 6. Wash rack. One wash rack per thirty-five (35)horses or fraction thereof shall be provided subject to the following requirements. Wash racks designed for more than one horse shall provide a minimum area per thirty-five (35)horses as indicated below: (a) Individual wash racks shall be 6 feet by 8 feet. (b) Each wash rack shall have an approved watering system and be connected to a sewer facility with a back-siphon device at the water source. (c) A concrete slab floor shall be provided. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 31 of 57 KEY INSERTIONS: Double underline DELETIONS &F�tg13 C. Insect and Rodent Control. 1. Feed mangers or boxes shall not be placed near water sources. 2. Nonleak valves shall be provided for all troughs, bowls, cups and other water sources. 3. Automatic valves or sanitary drains shall be provided for large troughs or cups. 4. Grading in paddocks and corrals shall be properly integrated into a master drainage plan to prevent ponding of water. Shelters shall be sloped away from the center of the corrals, or rain gutters shall be installed to the exterior of the corral. 5. Method of disposal of solid wastes shall be approved by Planning Commission. Trash disposal areas and dumpsters shall be designated and conveniently located with an all-weather road access provided. 6. All dry grains shall be stored in rodent-proof metal containers and hay storage shall be covered. Bulk or commercial amounts of grain or hay shall be located a minimum of fifty (50) feet away from any horse enclosure. D. Miscellaneous Operating Requirements. 1. The ground surface of horse enclosures shall be graded above their surroundings. A grading plan shall be submitted prior to issuance of a conditional use permit. 2. Storage and tack areas shall be designated on the site plan. 3. Continuous dust control of the entire premises shall be maintained subject to the regulations contained in Huntington Beach Municipal Code Chapter 8.24. The method for water sprinkling arenas and exercise pens shall be indicated on the site plan. 4. A permanent single family residence shall be provided on the site with a watchman on duty twenty-four(24) hours a day. Two fully enclosed parking spaces shall be provided. Where a mobilehome is used to satisfy this requirement, one carport space and one open space shall be permitted. 5. A back-siphoning device shall be installed to protect the public water supply. An approved pressure vacuum breaker is recommended on the waterline serving the corrals. The vacuum breaker shall be at least twelve (12) inches above the highest point of water usage or an approved double-check valve may be used. 6. Security lighting shall be confined to the site and all utilities shall be installed underground. 7. A log containing the name of every horse, its location in the facility,the owner's name and address, and the names and addresses of persons to be notified in case of emergency shall be maintained in the watchman's quarters for ready reference. 8. All fire protection appliances, appurtenances, emergency access, and any other applicable requirements,pursuant to Huntington Beach Municipal Code Chapter 17.56, shall meet the specifications of the fire department. 9. The entire site, exclusive of riding areas, shall be fenced in such a manner as to confine horses within the site in order to protect the perimeter landscaping from damage. Individual corrals shall be enclosed by a minimum five (5) foot high fence. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 32 of 57 KEY INSERTIONS: Double underline DELETIONS S{fi� E. Off-street Parking; and Landscapes. 1. Parking and circulation design shall comply with the standards outlined in Chapter 231. In addition, the perimeter of the parking area shall be delineated by pilasters or wooden poles with chain, cable, or heavy rope connectors. The parking lot shall be surfaced in accord with the specifications of the Department of Public Works. 2. Landscaping, as set out in Chapter 232, shall be provided except that the minimum landscaped area required shall be a ten(10) foot wide(inside dimension)planter along all property lines. 230.50 Indoor Swap Meets/Flea Markets Indoor swap meets/flea markets shall comply with the following requirements: A. Conditional Use Permit Required. Indoor swap meets/flea market uses may be permitted as temporary uses only upon approval of conditional use permit by the Planning Commission for a period of time not to exceed ten (10)years. One year extension of time may be granted after public hearing by the Planning Commission. B. Location Considerations: The Planning Commission shall consider the following issues when evaluating a proposed conditional use permit: 1. The site's proximity to residences, schools, hospitals and other noise sensitive uses. 2. The potential adverse impacts on traffic circulation and pedestrian safety. 3. The site's proximity to other indoor swap meets/flea markets to avoid overconcentration of facilities. 4. The site's proximity to businesses processing hazardous materials. C. Location Criteria. 1. Indoor swap meet/flea market uses shall only be allowed on property located adjacent to arterial streets. D. Minimum Building Size. 1. Minimum building gross floor area shall be one hundred thousand (100,000) square feet. E. Miscellaneous Requirements. 1. Ancillary Uses. Ancillary uses may be permitted as included on the approved site plan. Such uses shall be included as part of the initial conditional use permit requirements or shall be subject to new entitlement if proposed after the initial application has been filed. 2. Signs. Individual vendors shall not be permitted any outdoor signs, including temporary. Signs shall comply with the standards outlined in Chapter 233. 3. Parking. Parking shall comply with the standards outlined in Chapter 231. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 33 of 57 KEY INSERTIONS: Double underline DELETIONS sett 230.52 (Reserved) 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) All Districts 230.62 Building Site Required No building or structure shall be erected or moved onto any parcel of land in the city except on a lot certified in compliance with the Subdivision Map Act and local subdivision and zoning provisions at time of creation or on a parcel created as a result of a public taking. No building or structure shall be altered or enlarged to increase the gross floor area by more than 50 percent within any one-year period except on a legal building site. 230.64 Development on Substandard hots Development on substandard lots shall be subject to approval of a conditional use permit by the Zoning Administrator. A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use if it meets the following requirements or exceptions: A. The lot must have been in single ownership separate from any abutting lot on the effective date of the ordinance that made it substandard. Two or more contiguous lots held by the same owner shall be considered as merged if one of the lots does not conform to the minimum lot size or width for the base district in which it is located. B. A substandard lot shall be subject to the same yard and density requirements as a standard lot, provided that in an R district, one dwelling unit may be located on a substandard lot that meets the requirements of this section. C. An existing legal lot comprising a minimum size of 5,000 square feet or greater and a minimum width of 50 feet or greater shall not be considered substandard for purposes of this section. 230.66 Development on Lots Divided by District Boundaries The standards applicable to each district shall be applied to the area within that district. No use shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use. 230.68 Building Projections Into Yards and Courts Projections into required yards and courts shall be permitted as follows: Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 34 of 57 KEY INSERTIONS: Double underline DELETIONS Sari l ett ALLOWABLE PROJECTIONS IN FEETa Front Side Street Side Rear Yard Yard Yard Yard Fireplace or chimney 2.5 2.5b 2.5 2.5 Cornice, eaves and ornamental features 3 2.5b 3 3 Mechanical equipment 2 2b 2b 2 Uncovered porches,terraces,platforms, 6 3 4 5 subterranean garages, decks, and patios not more than 3 feet in height serving only the first floor Stairs, canopies, awnings and uncovered porches 4 2b 4 4b more than 3 feet in height Bay windows 2.5 2.5b 2.5 2.5 Balconies 3 2b 3 3 Covered patios 0 0 5c 5 Notes: allo individual projection shall exceed 1/3 of the building length, and the total of all projections shall not exceed 2/3 of the building length on which they are located. bA 30-inch clearance from the property line shall be maintained. cNo projection shall extend more than 1/2 the width of the street side yard. 230.70 Measurement of height This section establishes standards for determining compliance with the maximum building height limits prescribed for each zoning district or as modified by an overlay district. A. Datum (100) shall be set at the highest point of the curb along the front property line. If no curb exists, datum shall be set at the highest centerline of the street along the front property line. B. The differential between top of subfloor and datum shall be a maximum of two (2) feet as determined by Public Works. In the event that any subfloor, stemwall or footing is proposed greater than two (2) feet above datum, the height in excess shall be deducted from the maximum allowable ridgeline height. C. Lots with a grade differential of three (3) feet or greater between the high point and the low point, determined before rough grading, shall be subject to conditional use permit approval by the Zoning Administrator. Conditional use permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is compatible with adjacent development. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 35 of 57 KEY INSERTIONS: Double underline DELETIONS &fil� 230.72 Exceptions to Height Limits Chimneys; vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas;parapet walls not more than 4 feet high; water tanks; fire towers;transmission antennae (including wireless communication facilities); radio and television antennas (except satellite dish antennae); and similar structures and necessary mechanical appurtenances (except wind-driven generators) may exceed the maximum permitted height in the district in which the site is located by no more than 10 feet. The Zoning Administrator may approve greater height with a conditional use permit. Within the coastal zone exceptions to height limits may be granted only when public visual resources are preserved and enhanced where feasible. (3334-6/97,3568-9102) 230.74 Outdoor Facilities A. Permit Required. Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise,materials, and equipment for customer pick-up, shall be subject to approval of a conditional use permit by the Zoning Administrator in the CG, IL, IG, CV and SP districts. Sidewalk cafes with alcoholic beverage service and/or outdoor food service accessory to an Eating and Drinking Establishment shall be permitted subject to approval of a conditional use permit by the Zoning Administrator in the CO, CG, CV, OS and SP districts, but no outdoor preparation of food or beverages shall be permitted. (3525-2io2) B. Permit Conditions: Grounds for Denial. The Zoning Administrator may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties. If such impacts cannot be prevented, the Zoning Administrator shall deny the conditional use permit application. C. Exceptions. Notwithstanding the provisions of subsections (A) and (B) above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted: 1. Nurseries,provided outdoor storage and display is limited to plants, new garden equipment and containers only; and 2. Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be limited to vehicles, boats, or equipment offered for sale or rent only. D. Screening. Outdoor storage and display areas for rental equipment and building and landscaping materials shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. 230.76 Screening of Mechanical Equipment A. General Requirement. Except as provided in subsection(B)below, all exterior mechanical equipment, except solar collectors and operating mechanical equipment in an I District located more than 100 feet from another zoning district boundary, shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment,plumbing lines, ductwork, and transformers. Screening of the top of equipment may be required by the Director, if necessary to protect views from an R or OS district. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 36 of 57 KEY INSERTIONS: Double underline DELETIONS &Iril� B. Utility Meters and Backflow Prevention Devices. Utility meters shall be screened from view from public rights-of-way. Electrical transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall not be located in the front yard setback and shall be screened from view. C. Screening Specifications. A mechanical equipment plan shall be submitted to the Director to ensure that the mechanical equipment is not visible from a street or adjoining lot. 230.78 Refuse Storage Areas A. Refuse storage area screened on three sides by a 6-foot masonry wall and equipped with a gate, or located within a building, shall be provided prior to occupancy for all multi-family residential, commercial, industrial, and public/semipublic uses. Locations, horizontal dimensions, and general design parameter of refuse storage areas shall be as prescribed by the Director, subject to appeal to the Planning Commission. The trash area shall not face a street or be located in a required setback. The design and materials used in such trash enclosures shall harmonize with the main structure. 230.80 Antennae A. Purpose. The following provisions are established to regulate installation of antennae to protect the health, safety, and welfare of persons living and working in the City and to preserve the aesthetic value and scenic quality of the City without imposing unreasonable limitations on, prevent the reception of signals, or imposing excessive costs on the users of the antennae. B. Permit Required. Approval by the Director shall be required for the installation of an antenna or satellite antenna to ensure compliance with the locational criteria. Construction shall be subject to the provisions of the Uniform Building Code and National Electrical Code, as adopted by the City. Within the coastal zone, approval of a coastal development permit shall be required for installation of any antenna that meets the definition of development in Section 245.04 unless it is exempt pursuant to Section 245.08. (3334-6/97,3568-9/02) C. Locational Criteria: Satellite Antennae. A satellite antenna maybe installed on a lot in any zoning district if it complies with the following criteria: 1. Number: Only one satellite antenna may be permitted on a residential lot. 2. Setbacks: Interior side and rear property lines, 10 feet, except that no setback shall be required in interior side and rear setback areas if the antenna or satellite antenna does not exceed 6 feet in height. No antenna or satellite antenna shall be located in a required front yard. When roof-mounted,the antenna or satellite antenna shall be located on the rear one-half of the roof. (3568-9/02) 3. Maximum Height: a. The maximum height of a satellite antenna shall not exceed 10 feet if installed on the ground or the maximum building height for the district in which the satellite antenna is located, if roof-mounted. (3568-9/02) b. The maximum height of an antenna shall not exceed the maximum building height for the district in which the antenna is located. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 37 of 57 KEY INSERTIONS: Double underline DELETIONS 94ike gk 4. Maximum Dimension: The maximum diameter of a satellite antenna shall not exceed 10 feet in all districts with the exception that the diameter may be increased in non-residential districts if a conditional use permit is approved by the Zoning Administrator. (3568-9/02) 5. Screening: The structural base of an antenna or satellite antenna, including all bracing and appurtenances, but excluding the antenna or dish itself, shall be screened from public view and adjoining properties by walls, fences, buildings, landscape, or combinations thereof not less than 7 feet high so that the base and support structure are not visible from beyond the boundaries of the site at a height-of-eye 6 feet or below. (3568-8102) 6. Undergrounding: All wires and/or cables necessary for operation of the antenna or satellite antenna or reception of the signal shall be placed underground; except for wires or cables attached flush with the surface of a building or the structure of the antenna or satellite antenna. (3568-9/02) 7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall be permitted. 8. Exception: Requests for installation of an antenna or satellite antennae on sites that are incapable of receiving signals when installed pursuant to the locational criteria may be permitted subject to conditional use permit approval by the Zoning Administrator. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area, is necessary for the reception of usable antenna or satellite signals. Applications shall be approved upon finding that the aesthetic value and scenic quality of the City is preserved,pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 241. (3568-9i02) 230.82 Performance Standards For All Uses A. Applicability and Compliance. The development standards set forth in this section apply to every use classification in every zoning district unless otherwise specifically provided. The Director may require evidence of ability to comply with development standards before issuing an entitlement. B. Air Contaminants. Every use must comply with rules, regulations and standards of the South Coast Air Quality Management District(SCAQMD). An applicant for a zoning permit or a use,activity, or process requiring SCAQMD approval of a permit to construct must file a copy of the SCAQMD permit with the Director. An applicant for a use, activity, or process that requires SCAQMD approval of a permit to operate must file a copy of such permit with the Director within 30 days of its approval. C. Water Quality. Every use must comply with rules, regulations and standards of the Federal government. State and Regional Water Quality Control Boards and the City of Huntington Beach Municipal Codes. An applicant for a zoning permit or a building permit must demonstrate compliance with aforementioned rules. regulations and standards. General Plan_ and Local Coastal Program Goals. Objectives and Policies shall be incorporated into water quality management programs prepared for development projects as applicable and to the maximum extent practicable. GD. Storage On Vacant Lot. A person may not store, park,place, or allow to remain in any part of a vacant lot any unsightly object. This does not apply to building materials or equipment for use on the site during the time a valid building permit is in effect for construction on the premises. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 38 of 57 KEY INSERTIONS: Double underline DELETIONS 8lcetettgl} 230.84 Dedication and Improvements A. Dedication Required. Prior to issuance of a building permit, or prior to the use of land for any purpose, all real property shall be dedicated or irrevocably offered for dedication which the City requires for streets, alleys, including access rights and abutters'rights, drainage, public utility easements, and other public easements. In addition, all streets and alleys shall be improved, or an agreement entered into for such improvements including access rights and abutters'rights, drainage,public utility easements, and other easements. B. Exceptions. Dedication shall not be required prior to issuance of a building permit for: l. Interior building alterations which do not exceed a third of the value of a building, as defined in the Uniform Building Code, and which effect no change of occupancy. 2. Exterior building alterations or additions for a residential use which do not exceed a third of the value of the building, as defined in the Uniform Building Code, and add no additional residential units. 3. Fences and walls. 4. Temporary uses, as specified in this code. 5. Horticultural Uses. The dedication herein required may be reviewed at the time of entitlement. Upon request by the applicant, a temporary postponement,not to exceed one (1)year, may be granted upon consideration of the following criteria: a. Type of horticultural use proposed. b. Duration(temporary or permanent). c. Vehicular access and effect of the proposed use on traffic in the vicinity of the site. d. Relationship between the proposed requirements and an anticipated expanded use. e. Dedication shall not be required for any purpose not reasonably related to such horticultural use. C. Dedication Determinants. Right-of-way dedication width shall be determined by either of the following: 1. Department of Public Works standard plans; or 2. A precise plan of street, highway or alley alignment. D. Improvements. 1. No building permit shall be issued by the Building Division until an application for permit has been filed, street improvements plans and specifications have been submitted for plan check, and all fees, established by resolution of the City Council, have been paid. The Building Division shall issue such building permit after determining that the work described in the application and the accompanying plans conforms to requirements of the Huntington Beach Building Code and other pertinent laws and ordinances. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 39 of 57 KEY INSERTIONS: Double underline DELETIONS � 2. The Building Division shall make a frame inspection, as required by the Huntington Beach Building Code, at which time all off-site improvements, including curbs, gutters, and street paving, shall be completed. 3. Improvements required by this code may be deferred in the following instances and upon adherence to the following requirements and regulations: a. Where the grade of the abutting right-of-way has not been established prior to the time when on-site structures qualify for final release for occupancy. b. Where a drainage system would be delayed by the installation of improvements. c. Where an agreement is entered into with the City to install improvements by a date certain, said agreement shall be secured by a bond or deposit equal to 150 percent of the City's estimate (including inflation estimates) of the required improvements. Such bond or cash shall be deposited with the City Treasurer. d. Where the developer has agreed with the City in writing that the deposit required by subsection(3) of this section may be used by the City after an agreed upon time to complete the required improvements,the remainder of such deposit, if any, shall be returned to the developer upon completion of such improvements by the City. e. The Director of Public Works is authorized to receive applications from persons desiring waivers of street improvement requirements and to enter into the necessary written agreements with such applicants. A non-refundable fee set by resolution of the City Council shall accompany such application. 4. Where construction is limited to one lot and the erection of a detached single family dwelling thereon, street improvements shall include curb, gutter, sidewalk, street trees, street lights, sewer and water main extensions, and ten(10) feet of street paving to meet Department of Public Works standards. Where necessary,temporary paving shall be installed to join existing street improvements. 230.86 Seasonal Sales A temporary sales facility for the sale of seasonal products including Christmas trees, Halloween pumpkins, or a single, season agricultural product not grown on site are permitted adjacent to any arterial highway in any district and on all church or school sites as a temporary use approved by the Director and in compliance with the following: A. Time Limit. 1. A Christmas tree sales facility shall not be open for business during any calendar year prior to Thanksgiving. 2. A Halloween pumpkin sales facility shall not be open for business during any calendar year prior to October 1. 3. A single agricultural product sales facility shall be approved for a period of time not to exceed 90 days. B. Merchandise to be Sold. A permitted Christmas tree or Halloween pumpkin sales facility may not sell items not directly associated with that season. Only one single, season agricultural product may be sold at any one time. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 40 of 57 KEY INSERTIONS: Double underline DELETIONS Std tg C. Site Standards. 1. Storage and display of products shall be set back not less than ten(10) feet from edge of street pavement, and shall not encroach into the public right-of-way. 2. A minimum of ten(10) off-street parking spaces shall be provided. 3. Ingress and egress to the site shall be reviewed by the Department of Public Works to insure that no undue traffic safety hazard will be created. 4. Temporary structures shall comply with Building Division standards. 5. Electrical permit shall be obtained if the facility is to be energized. 6. The facility shall comply with fire prevention standards as approved and enforced by the Fire Chief. D. Bond Required. Prior to issuance of a business license and approval by the Director, a five hundred dollar($500) cash bond shall be posted with the City to ensure removal of any structure, cleanup of the site upon termination of the temporary use, and to guarantee maintenance of the property. A bond shall not be required for a seasonal sales facility operated in conjunction with a use on the same site. E. Removal of facility. The seasonal sales facility shall be.removed and the premises cleared of all debris and restored to the condition prior to the establishment within ten calendar days of Halloween, Christmas, or the expiration of the time limit for single season agricultural product. 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B and C are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text,the text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as specified. A. Permitted Fences and Walls. 1. Fences or walls a maximum of forty-two (42) inches in height may be located in any portion of a lot, except screen walls on lots in the RMH-A subdistrict shall be set back a minimum of three (3) feet from the front property line. Fences or walls exceeding forty-two (42) inches in height may not be located in the required front yard, except as permitted elsewhere in this Section. (3334-6/97,3410-3/99) 2. Fences or walls a maximum of six (6) feet in height may be located in required side and rear yards, except as excluded in this Section. Fences or walls exceeding six (6) feet in height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in which they are located. a. Fences and walls located adjacent to arterials along the rear and/or street side yard property lines, and behind the front setback, may be constructed to a Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 41 of 57 KEY INSERTIONS: Double underline DELETIONS Stfi 13 maximum total height of eight(8) feet including retaining wall with the following: (3525-2/02) (1) The proposed building materials and design shall be in conformance with the Urban Design Guidelines. (3525-2/02) (2) Extensions to existing wall(s) shall require submittal of engineering calculations to the Building and Safety Department. (3525-2/02) (3) The property owner shall be responsible for the care and maintenance of landscape area(s) and wall(s) and required landscape area(s). (3525- 2/02) (4) Approval from Public Works Department. (3525-2/02) b Exception: A maximum two foot(2') lattice extension(wood or plastic)that is substantially open may be added to the top of the six foot(6')high wall or fence on the interior property line without Building Permits so long as notification to the adjacent property owners is provided. (3710-6/05,3730-03/06) 3. Fences or walls in the rear yard setback area of a through-lot shall not exceed forty-two (42) inches in height. This subsection shall not apply to lots abutting arterial highways. 4. In the RL district, garden or wing walls or fences equal in height to the first floor double plate, but not exceeding nine (9) feet, which are perpendicular to and entirely within a side yard may be constructed to the interior side property line and to within five (5) feet of the exterior side property line provided they are equipped with a three (3) foot gate or accessway. 5. When residential property abuts open or public land or property zoned or used for office, commercial, or industrial purposes, an eight(8) foot high solid masonry or block wall may be constructed on the common side or rear property line. 6. Only at the time of initial construction of the dwellings and in order to allow variations in the street scene in R districts, fences or walls exceeding forty-two (42) inches in height may be permitted at a reduced front setback of six (6) feet subject to plan review approval by the Director in conformance with the following criteria: (3710-6/05) a. The reduced setback shall be only permitted for five (5) or more contiguous lots under the same ownership. (3710-6/05) b. Such walls shall not encroach into the visibility triangular area formed by measuring seven and one-half(7.5) feet along the driveway and ten(10) feet along the front property line at their point of intersection. c. Such walls shall conform to all other applicable provisions of this section. 7. Retaining walls shall comply with the following: a. Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. b. Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two (2) ft. or less or protects a cut below the existing grade, such retaining wall may be topped with a six (6) ft. decorative masonry wall. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 42 of 57 KEY INSERTIONS: Double underline DELETIONS 94ilce�1 c. Where a retaining wall is on the property line of a rear yard abutting a local street,the maximum retaining wall height shall be twenty-four(24) inches as measured from the adjacent curb and may be topped with a maximum eighteen(18) inch decorative wall or fence for a total height of forty-two (42) inches. d. (1) The maximum height of a retaining wall on the front property line shall be thirty-six (36) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a maximum forty-two (42) inch high wall or fence may be erected above the retaining wall with a minimum three (3) foot setback from the front property line. (3334-6/97,3410-3/99) (2) In the RMH-A subdistrict, the maximum height of a retaining wall on the front property line shall be eighteen (18) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a second retaining wall up to eighteen(18) inches in height may be erected above the eighteen(18) inch high retaining wall with a minimum three (3) foot front setback. A wall or fence up to forty-two (42) inches in height may be erected on top of the retaining wall with the minimum three foot front setback. (See Exhibit below.) (3410-3/99) I Required Tree/Palm Landscaping I Front 10 Building* nrnnerty line I Mav dJ" Patio . Max.18" I i $ Retaining Walk Sidewalk/Parkway Max_1 R" *See Maximum building height in Chapter 210 e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the Director. f. Retaining wall and fence combinations over eight(8) feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six (6) feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 43 of 57 KEY INSERTIONS: Double underline DELETIONS &r-�� 8. The height of any fence, wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb. All other fence heights shall be measured from existing grade. 9. Any fence or wall located on the front property line shall be approved by the Department of Public Works. 10. In the industrial districts, nine (9) foot high fences may be permitted in the side and rear setbacks up to the front building line subject to plan review approval by the Director. 11. Deviations from the maximum height requirements for walls as prescribed by this Section may be permitted subject to an approval of conditional use permit by the Zoning Administrator. 12. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore. (3334-6/97) B. Required Walls. 1. When office, commercial or industrial uses abut property zoned or used for residential, a six (6) foot high solid six (6) inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property,protection from vehicle damage shall be provided by a method approved by the Director. The maximum fence height shall be eight(8) feet at the common property line, subject to the same design standards and setback requirements as specified for six (6) foot high fences. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six (6) inch wide decorative masonry block, and designed with landscape pockets at thirty-five (35) foot intervals along the street side sufficient in size to accommodate at least one (1) 15-gallon tree. Approval by the Director shall be required prior to construction of such walls. (3710-6/05) C. Visibili 1. On reverse corner lots and corner lots abutting an alley, no fence, wall or hedge greater than forty-two (42) inches in height may be located within the triangular area formed by measuring ten(10) feet from the intersection of the rear and street side property lines. 2. On corner lots, no fence, wall, landscaping, berming, sign, or other visual obstruction between forty-two (42) inches and seven(7) feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring twenty-five (25) feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven(7) feet shall be permitted. 3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of forty-two (42) inches and seven(7) feet within a triangular area formed by measuring ten (10) feet from intersecting driveways or street/alley and driveway. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 44 of 57 KEY INSERTIONS: Double underline DELETIONS &fiket reug pRopf Rry��Nf 230-CORD DIAGRAM A 0• — 10• 10 _ 10• 10' 10' 10. 10' 10• 230-satb STREET/ALLEY DIAGRAM B Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 45 of 57 KEY INSERTIONS: Double underline DELETIONS Sb-7i�g REVERSE INTERIOR LOT CORNER LOT CORNER LOT CORNER LOT ABUTTING ALLEY 45' 25' � i V I 1° . THROUGH THROUGH LOT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL �" A 42 inch high fence may be constructed on an.a. +� g y y portion of the lot. i ® Indicates that portion of the lot on which a 6 foot high fence may be constructed. "A" Indicates minimum front yard setback. d5o Diagram C 8R1A4 6ApIWDRAN$3°dBP1.M1P 230.90 Contractor Storage Yards/Mulching Operation Contractor storage yards in conjunction with public facility improvement contracts, and mulching operations on unimproved public or private property may be permitted subject to the following: A. Initial approval shall be for a maximum of two (2)years. The use shall be eligible for a maximum of three one year extensions by the Planning Commission. B. The development shall comply with parking, access and setback requirements contained in Chapter 231. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 46 of 57 KEY INSERTIONS: Double underline DELETIONS 230.92 Landfill Disposal Sites Excavation of landfills or land disposal sites shall be subject to the requirements of this section. These provisions are not intended to apply to grading and surcharging operations,permitted under Appendix Chapter 70 of the Uniform Building Code. Permits for grading on previously approved development projects shall be subject to approval of the Director. A. Land Disposal Site/Definitions. The following words and phrases shall be construed as defined herein unless a different meaning is apparent from the context: 1. Excavation. Any activity and/or movement of material which exposes waste to the atmosphere. 2. Land disposal site. Any site where land disposal of Group I, II or III waste, as defined by the California Administrative Code, has been deposited either legally or illegally on or into the land, including but not limited to landfill, surface impoundment, waste piles, land spreading, dumps, and coburial with municipal refuse. B. Operations Plan. 1. No person shall conduct any excavation activity at any land disposal site in the City of Huntington Beach without first submitting to the City an operations plan approved by the Director. Such plan shall include complete information regarding the identity, quantity and characteristics of the material being excavated, including a chemical analysis performed by a laboratory acceptable to the City, together with the mitigation measures that will be used to insure that health hazards, safety hazards, or nuisances do not result from such activity. 2. Mitigation measures contained in the operations plan may include gas collection and disposal of waste, encapsulation, covering waste, chemical neutralization,or any other measures deemed necessary by the City. 3. Ambient air quality monitoring, as well as other monitoring or testing deemed reasonably necessary, shall be included in the operations plan. C. Approval of Operations Plan. 1. The City shall not approve an operations plan unless such plan includes provisions for the immediate cessation of excavation activity when the operator, or any agent thereof, of a land disposal site has been notified by the City that a nuisance,health, or safety hazard has or is about to occur as a result of such activity therein. 3. Upon determination by any government agency that a nuisance, safety, or health problem exists on any land disposal site in the City, mitigation measures, contained in the operations plan, shall be implemented immediately. D. Hazardous Waste Sites. For any land disposal site determined to be a hazardous waste site by the State Department of Toxic Substances Control and/or the City of Huntington Beach, the following additional measures shall be taken prior to excavation of such site: (3710-6i05) 1. All property owners within a half mile radius of the site shall receive written notice of all public hearings to be held regarding proposed excavation on the site. The cost of preparing and mailing such notice shall be paid by the operator/applicant. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 47 of 57 KEY INSERTIONS: Double underline DELETIONS Str— gk 2. A type of bond, acceptable to the City Attorney, shall be posted by the operator/applicant insuring that necessary funds are available to restore the site to a safe condition if excavation is prematurely terminated. 3. Excavation of the site shall be performed in accordance with the requirements of the State Department of Health Services, and any other public agency with jurisdiction over hazardous waste sites. E. Operations Plan Contents. The operations plan shall contain the following: 1. A plan establishing lines of authority and responsibility between public agencies and the operator/applicant, or his agents, during excavation. The plan shall contain specific procedures to be followed by all responsible parties involved with the excavation. 2. A plan containing specific measures to monitor air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site. If deemed necessary by the State Department of Toxic Substances Control, the plan shall also include specific measures for evacuation of residents in the vicinity of the site. (3710-6/05) 3. A plan showing specific routes for vehicles transporting hazardous wastes from the site. 4. A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely. F. Exemptions. The following activities shall be exempt from the requirements of this section unless otherwise determined by the Director: 1. The drilling of holes up to twenty-four(24) inches in diameter for telephone or power transmission poles or their footings. 2. The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems. 3. Any excavation activity which has been determined by the Director to pose an insignificant risk, or any activity which has been covered sufficiently in a plan prepared for any other agency having jurisdiction over the site. G. Excavation Activity Prohibited. 1. No person shall excavate at any land disposal site in the City of Huntington Beach unless he or she first certifies that all applicable regulations of other public agencies with jurisdiction over hazardous waste sites have been met. 2. Compliance with the provisions of this section shall not exempt any person from failing to comply with the requirements of the California Health and Safety Code, and any other applicable codes, rules or regulations. 230.94 Carts and Kiosks. Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to approval by the Planning Director and compliance with this section. Carts and kiosks may be permitted as a temporary use on public property subject to Specific Event approval pursuant to Chapter 5.68. (3249-6/95;3482-12100;3525-2102) A. Location and Design Criteria. Cart and kiosk uses shall conform to the following: (3249-6/95) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 48 of 57 KEY INSERTIONS: Double underline DELETIONS Stfj�� 1. No portion of a cart or kiosk shall overhang the property line. (3249-6/95) 2. The cart or kiosk shall not obstruct access to or occupy a parking space; obstruct access to a parked vehicle, impede the delivery of materials to an adjoining property, interfere with access to public property or any adjoining property, or interfere with maintenance or use of street furniture. If any existing parking spaces will be displaced'or partially or totally blocked by the proposed cart or kiosk, those spaces must be replaced on-site at a one-to- one (1:1)ratio. (3249-6/95) 3. The cart or kiosk shall not exceed a maximum of four(4) feet in width excluding any wheels, eight(8) feet in length including any handle, and no more than six (6) feet in height excluding canopies, umbrellas or transparent enclosures unless a larger size is approved. (3249-6/95,3525-2/02) 4. A limit of one cart or kiosk shall be allowed for each commercial business that meets the above locational and design criteria. B. Factors to Consider. The following factors shall be considered regarding the location and the design of cart or kiosk uses including: (3249-6/95,3525-2/02) 1. Appropriateness of the cart or kiosk design, color scheme, and character of its location; (3249-6/95) 2. Appropriateness and location of signing and graphics; (3249-6/95) 3. The width of the sidewalk or pedestrian accessway; (3249-6/95) 4. The proximity and location of building entrances; (3249-6/95) 5. Existing physical obstructions including,but not limited to signposts, light standards, parking meters,benches,phone booths, newsstands, utilities and landscaping; (3249-6/95) 6. Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck loading zones,taxi stands, hotel zones,passenger loading or parking spaces; (3249-6/95) 7. Pedestrian traffic volumes; and (3249-6/95) 8. Handicapped accessibility. (3249-6/95) C. Operating Requirements, Provisions and Conditions. 1. During hours of operation,the cart or kiosk must remain in the location specified on the approved site plan. (3249-6/95) 2. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles. 3. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach Municipal Code prior to the establishment of the use. (3249-6/95) 4. All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply. (3249-6/95) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 49 of 57 KEY INSERTIONS: Double underline DELETIONS S4W-e� 5. The prices of items sold from a cart or kiosk must appear in a prominent, visible location in legible characters. The price list size and location shall be reviewed and approved by the Planning Director. (3249-6/95;3525-2/02) 6. The sale of alcoholic beverages shall be prohibited. (3249-6/95) 7. The number of employees at a cart or kiosk shall be limited to a maximum of two (2) persons at any one time. (3249-6/95) 8. Fire extinguishers may be required at the discretion of the Fire Department. (3249-6/95) 9. All cart and kiosk uses shall be self contained for water, waste, and power to operate. (3249-6/95) 10. A cart or kiosk operator shall provide a method approved by the Planning Director for disposal of business related wastes. (3249-6/95,3525-2/02) D. Parking. Additional parking may be required for cart or kiosk uses by the Planning Director. (3249-6/95,3525-2/02) E. Review; Revocation. The Planning Department shall conduct a review of the cart or kiosk operation at the end of the first six (6)month period of operation. At that time, if there has been a violation of the terms and conditions of this section or the approval,the approval shall be considered for revocation. (3249-6/95;3525-2/02) F. Neighborhood Notification. Pursuant to Chapter 241. (3525-2/02,3710-6/05) 230.96 Wireless Communication Facilities A. Purpose. The purpose of this Section is to encourage and facilitate wireless communications throughout the City, while preventing visual clutter by locating wireless communication facilities outside of residential zones and where they are invisible to pedestrians, and co- located with other facilities. All wireless communication facilities shall comply with these regulations with regard to their location, placement, construction,modification and design to protect the public safety, general welfare, and quality of life in the City of Huntington Beach. (3779-10/07) B. Definitions. For the purpose of this section,the following definitions for the following terms shall apply: (3568-9/02) 1. Accessory Structure. Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a wireless communication facility. (3568-9/02) 2. Co-Location or Co-Located. The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building. (3568-9/02) 3. Completely Stealth Facility. Any stealth facility that has been designed to completely screen all aspects of the facility including appurtenances and equipment from public view. Examples of completely stealth facilities may include, but are not limited to architecturally screened roof-mounted antennas, fagade mounted antennas treated as architectural elements to blend with the existing building, flagpoles, church steeples, fire towers, and light standards. (3568-9102,3779-10/07) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 50 of 57 KEY INSERTIONS: Double underline DELETIONS 4. Ground Mounted Facility. Any wireless antenna that is affixed to a pole, tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. (3568-9/02,3779-10/07) 5. Microwave Communication. The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 3 GHz to 300 GHz frequency spectrum). (3568-9/02) 6. Pre-existing Wireless Facility. Any wireless communication facility for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted facilities that have not yet been constructed so long as such approval is current and not expired. (3568-9/02) 7. Roof Mounted. Any wireless antenna directly attached or affixed to the roof of an existing building,water tank,tower or structure other than a telecommunications tower. (3568-9/02) 8. Stealth Facility or Techniques. Any wireless communication facility, which is designed to blend into the surrounding environment, typically, one that is architecturally integrated into a building or other concealing structure. See also definition of completely stealth facility. (3568-9/02) 9. Utility Mounted. Any wireless antenna mounted to an existing above-ground structure specifically designed and originally installed to support utilities such as but not limited to electrical power lines, cable television lines, telephone lines, non-commercial wireless service antennas, radio antennas, street lighting but not traffic signals, recreational facility lighting, or any other utility which meets the purpose and intent of this definition. (3568-9/02,3779-10/07) 10. Wall Mounted. Any wireless antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna(including the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. (3568-9/02,3779-10/07) 11. Wireless Communication Facility or Facility. An antenna structure and any appurtenant facilities or equipment that transmits electronic waves or is used for the transmission or receipt of signals that are used in connection with the provision of wireless communication service, including, but not limited to digital, cellular and radio service. (3568-9/02,3779-10/07) C. Applicability. 1. All wireless communication facilities which are erected, located, placed, constructed or modified within the City of Huntington Beach shall comply with these regulations provided that: (3568-9/02,3779-10/07) a. All facilities, for which permits were issued prior to the effective date of this section, shall be exempt from these regulations and guidelines. (3568-9/02,3779-10/07) b. All facilities for which Building and Safety issued building permits prior to the effective date of section 230.96 shall be exempt from these regulations and Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 51 of 57 KEY INSERTIONS: Double underline DELETIONS guidelines, unless and until such time as subparagraph(2) of this section applies. (3568-9/02) c. Any facility, which is subject to a previously approved and valid conditional use permit, may be modified within the scope of the applicable permit without complying with these regulations and guidelines. Modifications outside the scope of the valid conditional use permit will require submittal of a Wireless Permit application. (3568-9/02,3779-10/07) 2. The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section 230.80 (Antennae) for additional requirements. (3568-9/02,3779-10/07) a. Any antenna structure that is one meter(39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission (FCC). (3568-9/02) b. Any antenna structure that is two meters (78.74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna. (3568-9/02) c. Any antenna structure that is one meter(39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the antenna structure extends more than five (5) feet above the principle building on the same lot. (3568-9/02) d. Any antenna structure that is designed to receive radio broadcast transmission. (3568-9/02) e. Any antenna structure used by authorized amateur radio stations licensed by the FCC. (3568-9/02) D. Wireless Permit Required. No wireless communication facility shall be installed anywhere in the City without submission of a Wireless Permit Application that demonstrates that the antenna is located in the least obtrusive location feasible so as to eliminate any gap in service and also includes the following information: (3779-10/07) 1. Demonstrate existing gaps in coverage, and the radius of area from which an antenna may be located to eliminate the gap in coverage. (3779-10/07) 2. Compatibility with the surrounding environment or that the facilities are architecturally integrated into a structure. (3779-10/07) 3. Screening or camouflaging by existing or proposed topography, vegetation, buildings or other structures as measured from beyond the boundaries of the site at eye level (six feet). (3779-10/07) 4. Massing and location of the proposed facility are consistent with surrounding structures and zoning districts. (3779-10/07) 5. No portion of a wireless communication facility shall project over property lines. (3779-10/07) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 52 of 57 KEY INSERTIONS: Double underline DELETIONS &6l� 6. Interference: To eliminate interference, the following provisions shall be required for all wireless communication facilities regardless of size: (3779-10/07) a. Prior to issuance of a building permit,the applicant shall submit the following information to the Police Department for review: (3779-10/07) i. All transmit and receive frequencies; (3779-10/07) ii. Effective Radiated Power (ERP); (3779-10/07) iii. Antenna height above ground, and (3779-10/07) iv. Antenna pattern,both horizontal and vertical (E Plane and H Plane). (3779-10/07) b. At all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. (3779-10/07) c. Before activating its facility, the applicant shall submit to the Police and Fire Departments a post-installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange County Sheriffs Department or Division-approved contractor at the expense of the applicant shall conduct this test. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the"frequency planning"process has been met. (3779-10/07) d. The applicant shall provide to the Planning Department a single point of contact (including name and telephone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. (3779-10/07) e. The applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. (3779-10/07) E. Additional Permit Required. 1. Administrative approval by the Director may be granted for proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof, or utility mounted)that are: (3779-10/07) a. Co-located with approved facilities at existing heights or that comply with the base district height limit for modified facilities, and compatible with surrounding buildings and land uses by incorporating stealth techniques; or (3779-10/07) b. Completely stealth facilities that comply with the base district height limit; or (3779-10107) c. Facilities in non-residential districts that are in compliance with the maximum building height permitted within the zoning district; and (3779-10/07) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 53 of 57 KEY INSERTIONS: Double underline DELETIONS 94ike� i. Screened from view and not visible from beyond the boundaries of the site at eye level (six feet); or (3779-10/07) ii. Substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or (3779-10/07) iii: Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques. (3779-10/07) 2. Following submission of a Wireless Permit Application, a Conditional Use Permit approval by the Zoning Administrator shall be required for all proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof or utility mounted)that are: (3779-10/07) a. Exceeding the maximum building height permitted within the zoning district; or b. Visible from beyond the boundaries of the site at eye level (six feet); or c. Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or d. Not designed to be architecturally compatible with surrounding buildings and land uses. e. As a condition of the Conditional Use Permit,the Zoning Administrator shall minimize significant adverse impacts to public visual resources by incorporating one or more of the following into project design and construction: (3779-10/07) i. Stealth installations; (3779-10/07) ii. Co-location and locating facilities within existing building envelopes; (3779-10/07) iii. Minimizing visual prominence through colorization or landscaping; (3779-10/07) iv. Removal or replacement of facilities that become obsolete. (3779-10/07) 3. Design review shall be required for any wireless communication facilities located in redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to specific plans, on or within 300 feet of a residential district, and in areas designated by the City Council. Design review is not required for wireless communication facilities that comply with subsection 1. F. Facility Standards: The following standards apply to all wireless communication facilities: (3779-10/07) 1. Aesthetics: a. Facili : All screening used in conjunction with a wall or roof mounted facility shall be compatible with the architecture of the building or other structure to which it is mounted, including color,texture and materials. All ground mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. (3568-9/02) b. Equipment/Accessory Structures: All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 54 of 57 KEY INSERTIONS: Double underline DELETIONS Stfilcetettgl3 manner that complies with the development standards of the zoning district in which such equipment is located. Screening materials and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. If chain link is used,then it must be vinyl coated and not include barbed wire. (3568-9/02) c. General Provisions: All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. (3568-9/02) 2. Buildin Codes:odes: To ensure the structural integrity of wireless communication facilities, the owners of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. (3568-9/02) 3. Conditions of Approval: Acceptance of conditions by the applicant and property owner shall be ensured by recordation of the conditions on the property title. (3568-9/02) 4. Federal Requirements: All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. (3568-9/02) 5. Lighting_ All outside lighting shall be directed to prevent"spillage" onto adjacent properties, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. (3568-9/02,3779-10/07) 6. Maintenance: All facilities and appurtenant equipment including landscaping shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti-graffiti coating. (3568-9/02,3779-10/07) 7. Monitoring: For all wireless communication facilities,the applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. (3568-9/02,3779-10/07) 8. Sigma The facility shall not bear any signs or advertising devices other than owner identification, certification,warning, or other required seals of signage. (3568-9/02,3779-10107) 9. Facilities on Public Property: Any wireless communication facility to be placed over, within, on, or beneath City property shall obtain a lease or franchise from the City prior to applying for a Wireless Permit and an administrative or conditional use permit. (3779-10/07) 10. Landscaping: Landscape planting, irrigation and hardscape improvements may be imposed depending on the location, the projected vehicular traffic,the impact on existing facilities and landscape areas, and the visibility of the proposed facility. Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning may be required. (3779-10/07) 11. UtilityAgreement: If the proposed facility will require electrical power or any other utility services to the site,the applicant will be required to furnish the City's Real Estate Services Manager either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way, or a written statement from the utility company that will be supplying the power or other services,that they accept all responsibility for those lines in the public right-of-way. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 55 of 57 KEY INSERTIONS: Double underline DELETIONS &riles 3779-10107) 12. Facilities in the Public Right-of-WaX. Any wireless communication facility to be placed over, within, on or beneath the public right-of-way shall comply with the following standards: (3568-9/02,3779-10/07) a. Any wireless communication facilities to be constructed on or beneath the public right-of-way must obtain an encroachment permit from the City and the applicant must provide documentation demonstrating that the applicant is a state-franchised telephone corporation exempt from local franchise requirements. (3568-9/02,3779-10/07) b. All equipment associated with the operation of a facility, including but not limited to cabinets,transmission cables but excepting antennas, shall be placed underground in those portions of the street, sidewalks and public rights-of-way where cable television, telephone or electric lines are underground. At no time shall equipment be placed underground without appropriate conduit. (3568-9/02,3779-10/07) c. The City Engineer shall approve the location and method of construction of all facilities located within public rights-of-way and the installation of facilities within the public rights-of-way must comply with Title 12 of the Huntington Beach Municipal Code, as the same may be amended from time to time. (3568-9/02, 3779-10/07) d. All wireless communication facilities shall be subject to applicable City permit and inspection fees, including, but not limited to,those pertaining to encroachment permits, administrative or conditional use permits, and all applicable fees. (3568-9/02,3779-10/07) e. Any wireless communication facility installed, used or maintained within the public rights-of-way shall be removed or relocated when made necessary by any"project." For purposes of this section, project shall mean any lawful change of grade, alignment or width of any public right-of-way, including but not limited to, the construction of any subway or viaduct that the City may initiate either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit,reimbursement agreement or generally applicable impact fee program. (3568- 9/02,3779-10/07) f. If the facility is attached to a utility pole,the facility shall be removed, at no cost to the City, if the utility pole is removed pursuant to an undergrounding project. (3568-9/02,3779-10/07) g. The service provider shall enter into a franchise agreement with the City. As of March 17, 2007,the California Supreme Court, in the case entitled Spring Telephony PCS v. County of San Diego, will determine whether California Public Utilities Code § 7901 grants a state-wide franchise to use the public rights-of-way for the purpose of installation of wireless communications facilities. Pending resolution of this legal question, any applicant seeking to use the public right-of-way must enter into a City franchise to install wireless communications facilities. The franchise shall provide that the franchise fee payments shall be refunded to the applicant and the franchise become null and void if and when the California Supreme Court establishes that the provider has a state-wide franchise to install a wireless communications facility in the public right-of-way. (3568-9/02,3779-10/07) 13. Facility Removal. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 56 of 57 KEY INSERTIONS: Double underline DELETIONSil� a. Wireless communication facilities affecting the public view and/or located in areas designated Water Recreation, Conservation, Parks and Shoreline, and Public Right of Ways shall be removed in its entirety within six (6) months of termination of use and the site restored to its natural state. (3779-10/07) b. Cessation of Operation: Within thirty(30) calendar days of cessation of operations of any wireless communication facility approved under this section,the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned pursuant to the following sections unless: (3568-9/02,3779-10/07) 1. The City has determined that the operator has resumed operation of the wireless communication facility within six (6)months of the notice; or (3568-9/02,3779-10/07) 2. The City has received written notification of a transfer of wireless communication operators. (3568-9/02,3779-10/07) c. Abandonment: A facility that is inoperative or unused for a period of six (6) continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mall. (3568-9/02,3779-10/07) d. Removal of Abandoned Facility: The operator of the facility and the owner(s) of the property on which it is located, shall within thirty(30) calendar days after notice of abandonment is given either(1)remove the facility in its entirety and restore the premises, or (2)provide the Planning Department with written objection to the City's determination of abandonment. (3779-10/07) Any such objection shall include evidence that the facility was in use during the relevant six- (6)month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. (3568-9/02,3779-10107) e. Removal by City: At any time after thirty-one (31) calendar days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable,the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed facility(or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair,restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. (3568-9/02,3779-10/07) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 57 of 57 ATTACHMENT #9 ATTACHMENT NO. 9 SUGGESTED FINDINGS FOR APPROVAL, LOCAL. COASTAL. PROGRAM AMENDMENT NO. 09-01 SUGGESTED FINDINGS FOR APPROVAL—LOCAL COASTAL PROGRAM AMENDMENT NO. 09-01: 1. Local Coastal Program Amendment No. 09-01 amends the City's certified Local Coastal Program (Land Use Plan and Implementing Ordinances) in accord with Zoning Text Amendment No. 09-05 and Zoning Map Amendment No. 96-5(R) and is consistent with the Land Use Plan and goals and policies of the General Plan and Local Coastal Program. 2. Local Coastal Program Amendment No. 09-01 is in accordance with the policies, standards and provisions of the California Coastal Act relative to residential development, land resources and public access. The Local Coastal Program Amendment promotes the City's Local Coastal Program goals and policies by allowing low density residential uses, open space areas, and coastal conservation opportunities. 3. The development conforms with the public access and public recreation policies of Chapter 2 of the California Coastal Act. The Zoning Map Amendment expands the amount of open space and conservation areas that will allow for the restoration, preservation and protection of wetlands,buffers and environmentally sensitive habitat area,,including trails and park space. The Zoning Text Amendment implements requirements of providing public access amenities and plans for the Parkside site and requiring phasing of public access and recreation improvements with all new development. ATTACHMENT # 10 RESOLUTION NO. 2009-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 09-01 TO AMEND THE LOCAL COASTAL PROGRAM IMPLEMENTING ORDINANCES TO REFLECT ZONING MAP AMENDMENT NO. 96-5(R) AMENDING THE ZONING FOR THE REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF GRAHAM STREET, SOUTH OF KENILWORTH DRIVE AND ZONING TEXT AMENDMENT NO. 09-05 AMENDING CHAPTERS 210, 216, 221, AND 230 OF THE ZONING SUBDIVISION ORDINANCE AND REQUESTING CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION WHEREAS,the City Council,after giving notice as prescribed by law,held at least one public hearing on the proposed Huntington Beach Local Coastal Program Amendment No. 09-01, and the City Council finds that the proposed amendment is consistent with the Huntington Beach General Plan,the Certified Huntington Beach Local Coastal Program(including the Land Use Plan), and Chapter 6 of the California Coastal Act; The City Council of the City of Huntington Beach intends to implement the Local Coastal Program in a manner fully consistent with the California Coastal Act. NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1: That the real property that is the subject of this Resolution is bounded by Graham Street, the East Garden Grove-Wintersburg Flood Control Channel, unincorporated Bolsa Chica, and single-family homes along Kenilworth Drive, and consists of approximately 49.5 acres within the City of Huntington Beach, which includes the approximate 40-acre Area of Deferred Certification(Exhibit A). SECTION 2: That the Huntington Beach Local Coastal Program Amendment No. 09-001, consisting of Zoning Map Amendment No. 96-5 and Zoning Text Amendment No. 09-05, a copy of which is attached hereto as Exhibits B and C, and incorporated by this reference as though fully set forth herein, is hereby approved. SECTION 3: That the Huntington Beach Local Coastal Program Implementing Ordinances for the Subject Property is hereby changed from the Area of Deferred Certification to CC (Coastal Conservation) —approximately 23.1 acres and RL(Low Density Residential)—approximately 26.4 acres (Exhibit D). SECTION 4: That the California Coastal Commission is hereby requested to consider, approve, and certify Huntington Beach Local Coastal Program Amendment No. 09-01. 09-1961.001/33783 1 Resolution No.2009-28 SECTION 5: That pursuant to Section 13551(b) of the Coastal Commission Regulations, Huntington Beach Local Coastal Program Amendment No. 09-01 will take effect automatically upon Coastal Commission approval, as provided in Public Resources Code Sections 30512, 30513 and 30519. PASSED AND ADOPTED by the City Council of the City Huntington Beach at a regular meeting thereof held on the 1st day of June , 2009. - �14 0 W, //S r i� — Ole Mayor ATTEST: "'�ROVED AS TO FORM: r C Clerk Ci Attorney � � REVIEW APPROVED: INITI D A D PPROVED: I City ddiniptistrator Di-rector of P arming EXHIBITS A. Vicinity Map. B. Zoning Map Amendment No. 96-5(R). C. Zoning Text Amendment No.09-05. D. New Zoning Map 09-1961.001/3 3 783 2 Resolution No.2009-28 Res. No. Resolution No. 2009-28 EXHIBIT " /� 99 PLANNING �y SECTIONAL DISTRICT MAP a 28-5-11 ---Y,. CITY OF H NTINGTON' BEACH 0RA1\GE COUNTY, CALIFORIIA USE OF PROPERTY MAP {, t WARNER AVE -- z El OORe00 ROGER- " CR \ ` F • 1 Z + 1 , ZTT SUBJECT _ -�- , , , 1 _ ERROT PROPERTY R®O P E(( RT Y Y �yI/p 4P V� PN % GHEHT OF" APJA or iM1et'wG a O0. � t1leA't'toN _ 1 O 2 OR O 0 aa a' m , O - 1 I I I I b rcis� cn J 1 JPRICE OR. \ � = M:MCCNCET M \ ICUA ES + aR I I i I I 1 t 1 rl - + --"E1 Oft. 1f r9 L: Ci=-l1-VZ III 1 I I i 1 C] Oa. r \ 1 1 N I111 III = I + 3 �_ ,], VICINITY MAP ��' Resolution No.2009-28 Exhibit B reflects Attachment No. 3 (ZMA 96-5(R)) Of this RCA dated June 1 , 2009 soo,c� c;2'009- I;v ORDINANCE NO. 3831 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING MAP AMENDMENT NO. 96-5(R) WHEREAS, pursuant to the State Planning and Zoning Law, the Huntington Beach City Council has held a public hearing relative to Zoning Map Amendment No. 96-5(R), wherein it has carefully considered all information presented at said hearing, and after due consideration of the findings and all evidence presented to said City Council, the City Council finds that such zone change is proper, and consistent with the General Plan. WHEREAS, the City Council of the City of Huntington Beach held a public hearing relative to Zoning Map Amendment No. 96-5A on October 21, 2002 changing the base district for approximately 40 acres of real property on the subject site from RL (Low Density Residential) and RL-FP2 (Low Density Residential with a Flood Plain Overlay District) to add the Coastal Zone Overlay District(-CZ) and changing the zoning designation on approximately 8.2 acres of real property on the subject site from RA (Residential Agricultural District) and RL (Low Density Residential District) to OS-PR (Open Space—Park & Recreation Subdistrict). WHEREAS,the City Council of the City of Huntington Beach held a public hearing relative to Zoning Map Amendment No. 96-5B on October 21, 2002 prezoning approximately 1.6 acres of real property on the subject site previously under county jurisdiction as RL-FP2-CZ (Low Residential District with Floodplain and Coastal Zone Overlay District) and prezoning approximately 3.3 acres of real property on the subject site previously under county jurisdiction as CC-FP2-CZ(Coastal Conservation with Floodplain and Coastal Zone Overlay Districts). NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The approximately 19.4 acres of real property generally located on the west side of Graham Street, north of the East Garden Grove-Wintersburg Channel and 1500 feet south of Warner Avenue as more particularly described in the legal description and sketch collectively attached hereto as Exhibits "A" and "B" and incorporated by reference as though fully set forth herein is hereby changed from RL ( Low Density Residential District) and OS-PR(Open Space—Park and Recreation Subdistrict) to CC (Coastal Conservation District). SECTION 2. That the Director of Planning is hereby directed to amend Sectional District Map 33 of the Huntington Beach Zoning and Subdivision Ordinance to reflect the changes contained in this ordinance, as depicted in Exhibit"C"_ The Director of Planning is further directed to file the amended map. A copy of such map, as amended, shall be available for inspection in the Office of the City Clerk. 09-1961.001/33784 1 Ordinance No. 3831 SECTION 4. The Ordinance shall take effect immediately upon certification by the California Coastal Commission. PASSED AND ADOPTED by the City Council of the City Huntington Beach at a regular meeting thereof held on the 15th day of June , 2009. �Lw. /S Mayor ATTEST: APP VED AS TO FORM: , ity Clerk U C' Attorne W,511/10 1 REVIE D APPROVED: INITI ED D APPROVED: City fdAi istrator Dire for of Planning EXHIBITS A. Legal description of a portion of the Subject Property to be re-designated as Coastal Conservation. B. Sketch of a portion of the Subject Property to be re-designated as Coastal Conservation. C. New Zoning Map of the Subject Property 09-1961-001/33784 2 Ordinance No. 3831 EXHIBIT - A Ordinance No. 3831 i EXHIBIT"A" LEGAL DESCRIPTION f In the City of Huntington Beach, County of Orange, State of California, being all of Parcels "B" and "C" and a portion of Parcel "A" as described in a Grant Deed recorded September 19, 1996 as Instrument No_ 19960479182 of Official Records of said County described as follows: Beginning at a point on the southeasterly boundary nf said Grant Deed. lying South 63"4n'90" 'west 1900.27 feet from the southek-comer thereof; thence Noi�19'31" We-_t 301.91 feet to a3tzsn-tangent curve concave noruherly having a radius of 150.00 feet, a radial line to the beginning of said curve bears South 12°33'55"West; thence easterly 114_75 feet along said curve through a central angle of 43°49'57" to a reverse curare concave southeasterly having a radius of 1250.00 feet; thence northeasterly 119.12 feet along said curve through a central angle of 5"27'36" to a reverse curve concave northwesterly having a radius of 115.00 feet; thence northeasterly 113.82 feet along said curve through a central angle of 56'42'23" to a reverse curve concave southeasterly having a radius of 75.00 feet; thence northeasterly 76.19 feet along said curve through a central angle of 58°12'10" to a reverse curve concave northwesterly having a radius of 400.00 feet; thence northeasterly 102.70 feet along said curve through a central angle of 14'42'36" to a compound curve concave northwesterly having a radius of 110.00 feet; thence northeasterly 54.65 feet along said curve through a central angle of 28'27'58" to a non-tangent curve concave westerly having a radius of 150.00 feet, a radial line to the beginning of said curve bears South Kra"08`09" East; thence northerly 277.85 feet along said cunLe,thrszugbi a central angle of 106°07'55,- to a reverse curve concave northeasterly paving a radius of 10.00 feet; thence northwesterly 14.56 feet along said curve through a central angle of 83°25'39" to a reverse curve concave westerly having a radius of 100-00 feet; thence northerly 39.81 feet along said curve through a central angle of 22°48'421,; thence tangent from said curve North 5'39'07" West 24.52 feet to a tangent curve concave southwesterly having a radius of 165.00 feet; thence northwesterly 127.02 feet along said curve through a central angle of xevised_October 28,2008 Page t of 2 WO No.61-15377CX H&A Legal No.5113 2 By: L.GastonA.vo 1 Checked By R Williamsljl ff E E Ordinance No. 3831 , 617 i EXHIBIT"A" LEGAL DESCRIPTION i 44°06'28"; thence non-tangent from said curve North 4'27'59" East 48.01 feet to a tangent curve concave westerly having a radius of 100.00 feet; thence northerly 34.65 feet along said curve through a central angle of 19'51'13" to a reverse curve concave easterly having a radius of 67.00 feet; thence northerly 18.47 feet along said curve through a central angle of 15'47'37"-, thence tangent from said curve North 0°24'23" East 111.22 feet to the northerly boundary of said .Grant Deed; thence along the northerly, westerly and southeasterly boundaries thereof the following ten courses: North 89'35'37" West 668.91 feet, South 0°10'28" West 1120.24 feet, South 89'58'29" West 155.96 feet, South 32°53'40" West 47.24 feet, South 44049'13"West 172.30 feet, South 57'36'54"West 150.89 feet, South 29*37'51" West 37.58 feet, South 18°07'10" West 231.15 feet, South 26019'31" East 95.04 feet and North 63'40'29" East 1071.59 feet to the.Point of Beginning. Containing an area of 23.112 acres,more or less_ As shown on Exhibit"B"attached hereto and by this reference made a part hereof- O AND Lisa K.Gaston ) Lisa K. Gaston, L-S. No. 8299 No.8299 License Expires: December 31, 2009 s ExP IMI/09 Q Date: 9TFOF CAL�F4��\ Revised:October 28,2008 0cwbe-F F6 Page 2 of 2 WO No. 61-15377CX H&A Legal No-5113 By:L.Gaston/k-vo Checked By R.NAilliains/jl Ordinance No.3831 �Xrfl�iT '� Wig-d-e Ordinance No. 3831 i / EXHIBIT "B" -: Sketch to Accompany Legal Desc7ipti.on N89°35'37"W 2182.64' N89°35 37"W 668.91, N00°24'23"E N+ a+Q N74°36'46"F C9I a RAD PRC--------- C8- a, N04°27'59"E 48-01=c-- 7 � N A=44°06'28" o N R=765.00' L=127.02' e w - A=22°48'42" as 3 R=100.00' L=39.81' zcv N72°50'25"W ` `v --- CITY OF HUN71NG7pN RAD PRC , BEACH BOUNDARY ' N23°43'56"E CURVE TABLE RAD PRC o q N CURVE DELTA RADIUS LENGTH - S50°08'09'E o o C1 43°49'57" 150.00' 114.75' RAD(R=154))`. �',o CZ 5.2T36" 1250-00' i 19.12' Q /� •_ '.; N67°29'13"W C3 56°42'23" 1i5.00' 113.82' o� z RAD(R=110') C4 58°12'10" 75,00' 76.19' o o --� C5 14°42'36" 400-00' 302.70" 2 z C6 28°27'58" 110.00' 54.65' m Q G� C7 83°25'39" 10-00' 14.56' f�!L. co b, C8 19°51'13" 100.00' 34.65' a z z AREA = ?1.112 ACRES C9 15°47'37" 67.00' 1&.47' Q o 0 = C o , St 33'55"W S89°58'29" z z , �; �,`' 10 ,a CA cz� 53'40-W 532° 47.24'- = Q O� 172.30' o 564 R C, 116 Coll .n CP. HUNSAKER & ASSOCIATES SHEA HOMES PARKSIDE ESTATES I K V I N E I N C . OPEN SPACE - CONSERVATION PARCEL ° PLANNING [RING > SURVEYING Three Hughes • (.i,, CA 9 PR(949)58310a6 -rx(9 )583-e759 IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA DATE: 10--16-00 ore 10-28-08 'ey, KNO wc erd R. WILLIAMS SCALE: 1"=200' W.O. 61-15377CX 1: MWO-Sti Id\51 13\E T B-dwq H&A LEGAL No. 5113 1 SHEET 1 OF 1 Ordinance No.3831 EXHIBIT C �sot�o,J �009 a�e r�., �,'� }C<,z t-"' yyy .33' `a.'r"''y3' ��' S T�� �� 3y w�.r�.. �'k, #.-x✓`§',�,�-k.s � s. a S �. �fir. �,y 1� § 'c��� �� Gt "�E�,5+.^'fi�f ����7i ��'�.v��l•�lT'' c^.� � 'Psti,,a-s��� ''�f � .; � v� ..�,� sfj:RF He's; c �a tL (T"���� '� �..•-.� y.�- �Y r.���u'"� .a�f'.�.s"�zr�`.J� ���.z'� us' K- y tvx,� Vi Ell d-A?,Fc tr`4S �i GF s y --z•Y E rfig _ � `�- '.-.' .r- '�'`��-` ,-T e L -c I .i11. �.-C, t.=-• �':�'r, �.s. �c",� r „s,r�' ��x..r-.rf" l .3,J�z��`�� £�tc�E. '�.y a y"-z� _ .f�—er✓ '' ...-. .a--L'., z,a" fys.,,.,� ..sa g� -�'-�-..= IN ��- r 1 I' j ! Ord. No. 3831 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council-of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on June 01,2009, and was again read to said City Council at a regular meeting thereof held on June 15,2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Green, Bohr, Coerper NOES: Hardy ABSENT: Hansen ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on June 25,2009. In accordance with the City Charter of said City Joan L. Flynn,City Clerk Cit3Ulcrk and ex-officio CIX Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2009-28 Exhibit C reflects Attachment Nos. 5-8 (ZTA 09-05) Of this RCA dated June 1, 2009 7�E50�u.TJo� at�9 d 1 ORDINANCE NO. 3832 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING CODE RELATING TO RESIDENTIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 210 of the Huntington Beach Zoning Code is hereby amended by amending Section 210.04 to read as follows: 210.04 RL, RM, RMH, RH, and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. 'T/U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. RL, RM, RMH, RH, and P = Permitted RMP DISTRICTS: L = Limited (see Additional Provisions) LAND USE CONTROLS PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use = Not Permitted 09-1961/33725 1 Ordinance No. 3832 �E3aGw7an� aoo9_ ��' RL RM RMH RMP Additional RH Provisions Residential Uses (A)(M)(Q) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D)(R) 2 - 4 units ZA P P - 5 - 9 units ZA ZA ZA - 10 or more units PC PC PC - Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, Ltd. P P P P Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P)(R)(S) Public and Semipublic (A)(0) Clubs & Lodges PC PC ZA ZA Day Care, Large-family L-6 L-6 L-6 L-6 Day Care, General L-1 ZA ZA ZA Park&Recreation Facilities L-2 L-2 L-2 L-2 Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC Residential Care, General - L-1 PC PC Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities, Minor P P P P Commercial Communication Facilities L-5 L-5 L-5 L-5 Horticulture ZA ZA ZA ZA Nurseries ZA ZA ZA ZA Visitor Accommodations Bed and Breakfast Inns - - L-4 - Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) Temporary Uses (J)(M) Commercial Filming, Limited P P P P Real Estate Sales P P P P (N) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) RL, RM, RMH, RH, and RMP Districts: Additional Provisions L-1 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre (gross acreage) or greater fronting an arterial in RL District. 09-1961/33725 2 Ordinance No. 3832 C1Cr5/i.C�♦T � C , ,ajC—:So tua7o n� 0�009 - �� L-2 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. L-3 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility maybe allowed as a secondary use,subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. L-4 A conditional use permit from the Zoning Administrator is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. L-6 Neighborhood notification is required pursuant to Section 241.24. No architectural plans shall be required. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previously approved conditional use permit, if any, or approval of a new conditional use permit. (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens(See Section 210.08),for affordable housing(See Sections 2 10.10 and 230.14), or for density bonus (See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street; or (3) includes buildings exceeding 25 feet in height. (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition, Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s) to an existing Manufactured Home Park. (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Structures. (I) See Section 230.10: Accessory Dwelling Units. 09-1961/33725 3 udnance No. 3832 i RL, RM, RMH,RH, and RMP Districts: Additional Provisions (J) See Section 241.20: Temporary Use Permits. (K) See Chapter 236: Nonconforming Uses and Structures. (L) See Chapter 233: Signs. (M) Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (N) See Section 230.18: Subdivision Sales Offices and Model Homes. (0) Limited to facilities on sites of fewer than 2 acres. (P) See Section 230.22: Residential Infill Lot Developments. (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee. (R) Small lot development standards for RM, RMH, and RH Districts. A conditional use permit from the Planning Commission is required for small lot residential subdivisions, including condominium maps for detached single family dwellings. See also Section 230.24: Small Lot Development Standards. (S) See Coastal Element Land Use Plan, Table C-2, for permitted uses, development requirements and restrictions applicable to development within Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal Element Land Use Plan. Subdivision design and development within Subarea 4K shall incorporate the information from the plans and studies required in Table C-2 for development of that Subarea. If there is a conflict between the requirements and restrictions of Table C-2 and other provisions of the Zoning and Subdivision Ordinance, the requirements and restrictions included in Table C-2 shall prevail. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of June , 2009. ATTEST: ayor City Clerk APPROVED AS TO FORM: l' ' REVIEW APPROVED: l 16..6 j C16 Attorney Cit inistrator INITIA D AN APPROVED: Ir jcvr ofManning 09-1961/33725 4 i�X o.�� 100 g- Ord. No. 3832 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on June 01,2009,and was again read to said City Council at a regular meeting thereof held on June 15, 2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Green, Bohr, Coerper NOES: Hardy ABSENT: Hansen ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on June 25,2009. In accordance with the City Charter of said City Joan L. Flynn, Ci Clerk Cti Clerk and ex-officio Qerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California j�SOZu./'�0•� o��y?- d� ORDINANCE NO. 3833 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 216 OF THE HUNTINGTON BEACH ZONING CODE RELATING TO THE COASTAL CONSERVATION DISTRICT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 216 of the Huntington Beach Zoning Code is hereby amended by amending Section 216.02 to read as follows: 216.02 Purpose The purpose of the CC Coastal Conservation District is to implement the General Plan and Local Coastal Program land use designation of Open Space: Conservation; and provide for the protection, maintenance, restoration and enhancement of wetlands and environmentally sensitive habitat areas located within the Coastal Zone while allowing for appropriate utilization to occur. The CC District specifies permitted uses within areas with a CC zoning designation, consistent with the California Coastal Act of 1976 (Division 20 of the Public Resources Code), the General Plan and the Local Coastal Program Land Use Plan. The application of the CC District is not intended to authorize, and shall not be construed as authorizing the City of Huntington Beach to exercise its power in a manner which will take or damage private property for public use. This zoning ordinance is not intended to increase or decrease the rights of any owner of property under the constitution of the State of California or the United States. SECTION 2. Chapter 216-of the Huntington Beach Zoning Code is hereby amended by amending Section 216.04 to read as follows: 216.04 Definitions A. Energy Facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy. B. Environmentally Sensitive (Habitat) Area. A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. C. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, social, and technological factors. 09-1961/33723 1 urai nance No. 3833 &s o�t ao 9- � D. Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. E. Significant Disru tion. Having a substantial adverse effect upon the functional capacity. F. Wetland. Lands within the Coastal Zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps,mudflats and fens G. Coastal-dependent Development or Use: Any development or use which requires a site on,or adjacent to,the sea to be able to function at all. H. Resource Protection Area. Any area that consists of wetlands, Environmentally Sensitive Habitat Areas, or a buffer, as are defined in the City's Local Coastal Program. SECTION 3. Chapter 216 of the Huntington Beach Zoning Code is hereby amended by amending Section 216.08 to read as follows: 216.08 Permitted Uses and Structures A. The following principal uses and structures shall be permitted in the CC District where no feasible, less environmentally damaging alternative exists and where feasible mitigation measures have been provided and are subject to issuance of a conditional use permit by the Zoning Administrator. Said permit shall insure that the uses are developed in a manner compatible with the purpose of this District. Such permitted uses are: 1. Incidental public service projects such as, but not limited to,burying cables and pipes. 2. Maintenance of existing streets and utility structures. B. The extension of Hamilton Avenue shall be permitted between Beach Boulevard and Newland Street. The precise alignment of Hamilton Avenue shall not be approved without documentation that the least environmentally damaging feasible alternative is the chosen alternative. Before the precise alignment of Hamilton Avenue can be approved, an environmental impact report shall be certified which addresses the alternative alignments for Hamilton Avenue and the mitigation needs generated from each alternative. The alternatives analysis shall include, at a minimum, the following: 1. Placing the roadway in an alignment which is most protective of wetland habitats, including the construction of the road on pilings or bridging the road over the wetlands, and 2. Limiting the width of the roadway by narrowing lanes and eliminating shoulders, and 09-1961/33723 2 uru 1 rldrlce No. jzmo 3. Requiring full mitigation for any impacted wetlands. No net loss of wetland shall occur. Any wetland which is filled or reduced in productivity by the project will be replaced by restoring otherwise degraded or non-functioning wetland as close as feasible to the project site. C. The following uses and structures may be permitted in the CC District subject to Planning Commission approval of a conditional use permit where there is no feasible less environmentally damaging alternative and where feasible mitigation measures have been provided. 1. New or expanded energy and coastal-dependent industrial facilities where no feasible, less environmentally damaging alternative exists and where consistent with the study titled Designation of Coastal Zone Areas Where Construction of an Electric Power Plant Would Prevent Achievement of the Objectives of the California Coastal Act of 1976 (re-adopted by the California Coastal Commission December 1985). 2. Diking, dredging and filling which are necessary for the protection, maintenance, restoration or enhancement of the environmentally sensitive habitat area's functional capacity. 3. Flood Control Facilities. a. Maintenance of existing modified flood control facilities where the primary purpose is to maintain existing flood control capacity and where such maintenance is necessary for public safety or to protect existing development where there is no other feasible method for protecting structures in the flood plain. No maintenance activities shall be permitted which have the effect of draining wetlands. Maintenance activities may include: Maintenance dredging of less than 100,000 cubic yards within a 12 month period; lining of existing in-place artificial channels; increasing the height of existing levees; or changes in the cross section of the interior channel to accommodate the design capacity of existing channels when no widening of the top dimensions or widening of the outer levees is required. b. Only in conjunction with restoration plans, new flood control facilities where necessary for public safety and to protect existing development where there is no other feasible method for protecting structures in the flood plain. 4. Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. 5. Pedestrian trails and observation platforms for passive nature study; i.e., bird watching and the study of flora and fauna native to the site. Such uses may be located within an environmentally sensitive habitat area 09-1961/33723 3 Ordinance No. 3833 �CSOLUTlt.� aD 09-- provided that said use(s)are immediately adjacent to the area's peripheral edge. 6. Maintaining existing,or restoring previously dredged depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. 7. Nature study, aquaculture, or similar resource dependent activities. 8. Habitat restoration projects. 9. For the portion of any parcel which is not designated Conservation under the certified land use plan, any use authorized by and in conformance with the CV District. 10. In addition to the above uses, coastal dependent industrial facilities shall also be allowed even where inconsistent with other provisions of the certified Local Coastal Program if: a. To locate elsewhere is infeasible or causes greater environmental damage and, b. To do otherwise would adversely affect the public welfare and, C. Adverse environmental effects are mitigated to the maximum extent feasible and d. Where findings consistent with Section 216.20 can be made. D. Permitted uses,development requirements and restrictions applicable to development within Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal Element Land Use Plan are provided in the Coastal Element Land Use Plan, Table C-2. Subdivision design and development within Subarea 4K shall incorporate the information from the plans and studies required in Table C-2 for development of that Subarea. If there is a conflict between the requirements and restrictions of Table C-2 and other provisions of the Zoning and Subdivision Ordinance,the requirements and restrictions included in Table C-2 shall prevail. 216.18 Performance Standards Before the coastal development permit can be issued, the project shall comply with the following standards to the satisfaction of the Director: A. Wetlands and environmentally sensitive habitat areas that are designated for preservation after a permit hearing granting project approval on the property shall be preserved through a conservation easement, deed restriction or other similar mechanism consistent with Public Resources Code Section 30010. 09-1961/33723 4 urainance No. 3833 Such easements or restrictions need not authorize any public right of access or use. Exclusive use and possession of the area may remain with the applicant. 1. All feasible mitigation measures shall be incorporated into projects to minimize adverse environmental effects. a. If the project involves dredging, mitigation measures must include the following: (1) Dredging and spoils disposal must be planned and carried out to avoid significant disruption to wetland habitats and to water circulation; (2) Limitations may be imposed on the timing of the operation, the type of operation, the quantity of dredged material removed, and the location of the spoil site; (3) Dredge spoils suitable for beach replenishment shall, where feasible,be transported to appropriate beaches or into suitable longshore current systems; (4) Other mitigation measures may include opening up areas to tidal action, removing dikes, improving tidal flushing, or other restoration measures. b. If the project involves diking or filling of a wetland, the following minimum mitigation measures shall apply_ These mitigation measures shall not be required for temporary or short-term fill or diking if a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. (1) If an appropriate restoration site is available, the applicant shall submit a detailed restoration plan to the Director which includes provisions for purchase and restoration of an equivalent area of equal or greater biological productivity and dedication of the land to a public agency or otherwise permanently restricting its use for open space purposes. The site shall be purchased before the dike or fill development may proceed. (2) The applicant may, in some cases, be permitted to open equivalent areas to tidal action or provide other sources of surface water. This method of mitigation is appropriate if the applicant already owns filled, diked areas which themselves are not environmentally sensitive habitat areas but may become so, if such areas were opened to tidal action or provided with other sources of surface water. (3) If no appropriate restoration sites under options (1) and (2) are available, the applicant shall pay an in-lieu fee, 09-1961/33723 5 vl u 1 hull\.t� IYV• JVJJ �c- SvLc c.�7d.J o�00 9 - a� determined by the City Council, which shall be of sufficient value to an appropriate public agency for the purchase and restoration of an area of equivalent productive value, or equivalent surface area. C. The third option above shall be allowed only if the applicant is unable to find a willing seller of a potential restoration site. Since the public agency may also face difficulties in acquiring appropriate sites,the in-lieu fee shall reflect the additional costs of acquisition, including litigation and attorney's fees, as well as the cost of restoration, relocation and other costs. If the public agency's restoration project is not already approved by the Coastal Commission, the public agency may need to be a co-applicant for a coastal development permit to provide adequate assurance that conditions can be imposed to assure that the purchase of the mitigation site shall occur prior to the issuance of the permit. In addition, such restoration shall occur in the same general region (e.g., within the same stream, lake, or estuary where the fill occurred). 2. Any areas where vegetation is temporarily removed shall be replanted with a native or an adaptable species in a quantity and quality equal to the vegetation removed. 3. Pedestrian trails, observation platforms and other incidental structures shall be designed to reduce disturbance of wildlife and vegetation; examples of improvements so designed would be elevated walkways and viewing platforms, and vegetative and structural barriers to decrease disturbances from permitted uses and inhibit internal access. 4. Passive nature study uses shall include a program to control litter; examples include litter containers and "no littering" signs posted in the project area. 5. Environmentally sensitive habitat areas shall be restored and enhanced to lessen the risk of flood damage to adjacent properties. 6. Any construction, alteration or other improvement shall generally be carried out between September 15 and April 15 to avoid disturbing rare, threatened, or endangered species which utilize the area for nesting. This requirement shall not apply if it can be demonstrated to the satisfaction of the Director that no such disturbance would occur, in which case construction shall be timed to cause the least disturbance to wetland dependent species; e.g., migratory waterfowl and shorebirds. 7. Construction/maintenance activities shall be carried out in areas of minimal size. Preconstruction topography shall be restored subsequent to the conclusion of the project unless such topography is to be altered to conform with an approved restoration project. 09-1961/33723 6 uru i ndnce ivo. .525 S.S 8. A Habitat Management Plan shall be prepared and carried out for all ESHA, wetland and buffer areas and provide for restoration, enhancement, and perpetual conservation and management. Issues to be addressed include,but are not limited to,methods to assure continuance of a water source to feed all wetland areas, enhancement of habitats and required buffer areas, restoration and enhancement of wetlands and environmentally sensitive habitats and required buffer areas, and fuel modification requirements to address fire hazard and avoid disruption of habitat values in buffers. The Habitat Management Plan shall identify goals, objectives and performance standards; procedures and technical specifications for wetland and upland planting; methodology and specifications for removal of exotic species; soil engineering and soil amendment criteria; identification of plant species and density;maintenance measures and schedules; temporary irrigation measures; protective fencing both during construction and post-construction; restoration success criteria; measures to be implemented if success criteria are not met; and long-term adaptive management of the restored areas for a period of not less than 10 years. 9. Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas;however, access to designated passive public recreational use areas shall be protected and visual impact of any barriers from open space areas shall be minimized. 10. Conservation easements (or other instruments) that serve to permanently protect the restored areas shall be recorded. B. The applicant shall demonstrate that the functional capacity is maintained or augmented through the criteria set out below unless relieved of any one or more of these requirements by the California Department of Fish and Game, and that the project does not significantly: 1. Alter existing plant and animal populations in a manner that would impair the long-term stability of the ecosystem; i.e., natural species diversity, abundance and composition are essentially unchanged as a result of the project; 2. Harm or destroy a species or habitat that is rare or endangered; 3. Harm a species or habitat that is essential to the natural biological function of a wetland or estuary; 4. Reduce consumptive (e.g., fishing, aquaculture and hunting) or nonconsumptive (e.g., water quality and research opportunity) values of a wetland or estuarian ecosystem. 09-1961/33723 7 Ordinance No. 3833 , C. If the proposed project involves restoration of a degraded wetland,the applicant shall comply with California Public Resources Code Sections 30411 and 30233 to the satisfaction of the Director. D. Any areas that constituted wetlands or ESHA that are removed, altered, filled or degraded as the result of activities carried out without compliance with Coastal Act requirements shall be protected as required by the City's Coastal Element Land Use Plan. SECTION 5. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1.5 th day of June , 2009. ATTEST: Mayor City Clerk V AP VED AS TO FORM: REVIEW PPROVED: City Attorney Cit Ad i strator INITIATE AND /PPROVED: Director Kf PiNtnKng 09-1961/33723 8 �Cc S0 Ord. No. 3833 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on.Tune 01,2009 and was again read to said City Council at a regular meeting thereof held on June 15,2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy NOES: None ABSENT: Hansen ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on June 25,2009 900116-J O�JAIW) In accordance with the City Charter of said City __ Joan L. Flynn,City Clerk Cv Clerk and ex-officio Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California c ,x, •�d,� �d9 - �� ORDINANCE NO. 3834 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 221 OF THE HUNTINGTON BEACH ZONING CODE RELATING TO THE COASTAL ZONE OVERLAY DISTRICT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by amending the Sections listing to read as follows: Sections: 221.02 Coastal Zone Overlay District Established 221.04 Zoning Map Designator 221.06 Requirements for Coastal Development Permit 221.07 Impermissible Alteration 221.08 Land Use Controls 221.10 Requirements for New Development Adjacent to Environmentally Sensitive Habitat Area(ESHA) 221.12 Coastal Access and Public Use Areas, Signs Required 221.14 Preservation of Visual Resources 221.16 Community Facilities 221.17 Phasing 221.18 Diking, Dredging, and Filling 221.20 Hazards 221.22 Buffer Requirements 221.24 Energy Facilities 221.26 Residential Density Limitations 221.28 Maximum Height 221.30 Off-Street Parking Requirements 221.32 Landscaping 221.34 Signs 221.36 Public Access Implementation SECTION 2. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by adding Section 221.07 to read as follows: 221.07 Impermissible Alteration Any area that constitutes wetlands or ESHA that has been removed,altered, filled or degraded as a result of activities carried out without compliance with the California Coastal Act requirements shall be protected as required by the City's Local Coastal Program Land Use Plan. 09-1961/33781 1 urainance iw. joj4 SECTION 3. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by amending Section 22 1.10 to read as follows: 221.10 Requirements for New Development Adjacent to Environmentally Sensitive Habitat Area As a condition of new development adjacent to a resource protection area,which includes any wetland, Environmentally Sensitive Habitat Area(ESHA), associated buffers, land zoned Coastal Conservation, as the same are defined in the City's Local Coastal Program, an applicant shall comply with the requirements listed below. These requirements shall be applicable to lots within new subdivisions as well as development proposed on existing lots adjacent to an ESHA, wetlands, associated buffers, resource protection areas or land zoned Coastal Conservation, unless otherwise indicated. A. Landscape Plan shall be prepared that prohibits the planting, naturalization or persistence of invasive plants, and encourages low-water plants, and plants primarily native to coastal Orange County. B. Domestic Animal Control Plan shall be prepared that details methods to be used to prevent pets from entering any resource protection areas, including but not limited to appropriate fencing and barrier plantings. C. Pest Management Plan shall be prepared that, at a minimum,prohibits the use of rodenticides, and restricts the use of pesticides, and herbicides in outdoor areas, except necessary Vector Control conducted by the City or County. D. All street lighting, exterior residential lighting and recreational lighting adjacent to resource protection areas shall minimize impacts to wildlife within the resource protection areas. E. Covenants, Conditions and Restriction (CC&Rs) in a form approved by the Office of the City Attorney shall be recorded specifying that landscaping for individual housing lots and recreation areas that are directly adjacent to a resource projection area shall not include any exotic invasive plant species. The CC&Rs shall be binding on each of the lots, shall run with the land affected by the subdivision and shall be included or incorporated by reference in every deed transferring one or more of the lots in the subdivision. F. The project applicant shall provide any buyer of a housing unit within the CZ Overlay District an information packet that explains the sensitivity of the natural habitats within or adjacent to the project site and the need to minimize impacts on the designated resource protection area(s), and the prohibition on landscaping that includes exotic invasive plant species on lots that are directly adjacent to a resource protection area. The information packet shall include a copy of the Domestic Animal Control Plan and Pest Management Plan and be required for all sales of housing units pursuant to the CC&Rs. G. Protective fencing or barriers shall be installed and maintained between the resource protection areas and areas developed for homes or recreational use for the purpose of minimizing human and domestic animal presence in resource protection areas, including restored and preserved wetland and ESHA buffer areas; however, public access to designated passive recreational use areas shall be provided. Visual impacts created from any walls or barriers adjacent to open space conservation and passive recreational use areas shall be minimized through 09-1961/33781 2 Ordinance No. 3834 provided. Visual impacts created from any walls or barriers adjacent to open space conservation and passive recreational use areas shall be minimized through measures such as open fencing/wall design, landscape screening,use of undulating or off-set wall features, etc. H. Uses allowed adjacent to designated Environmentally Sensitive Habitat Areas shall assure the continuance of the habitat value and function of preserved and restored wetlands and ESHA. SECTION 4. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by adding Section 221.17 to read as follows: 221.17 Phasing The provision of public access and recreation benefits associated with private development(such as but not limited to public accessways, public bike paths, habitat restoration and enhancement, etc.) shall be phased such that the public benefit(s) are in place prior to or concurrent with the private development but not later than occupation of any of the private development. SECTION 5. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by amending Section 221.20 to read as follows: 221.20 Hazards As a condition of new development, the applicant shall be required to submit a report evaluating geologic, seismic, flood and fire hazards, and shall be designed to: A. Comply with all recommendations and provisions contained in the Alquist-Priolo Special Studies Zones Act (California Public Resources Code Chapter 7.5)for identified seismic hazards. B. Comply with all provisions relating to the FP Floodplain Overlay District, if applicable. C. Comply with all provisions relating to Methane Districts as defined in Chapter 17.04. D. Development in Subarea 4K as depicted in Figures C-6a, and C-10 of the Coastal Element Land Use Plan, shall comply with the approved Hazard Mitigation and Flood Protection Plan required in Table C-2 of the Coastal Element Land Use Plan. SECTION 6. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by amending Section 221.32 to read as follows: 221.32 Landscaping All projects within the CZ Overlay District shall comply with the landscape improvement requirements of Chapter 232 unless exempt, and the requirements of Section 221.10. 09-1961/33781 3 Ordinance No. 3834 SECTION 7. Chapter 221 of the Huntington Beach Zoning Code is hereby amended by amending Section 221.36 to read as follows: 221.36 Public Access Implementation A. Purpose. The purpose of this Section includes.the following: 1. To achieve the basic state goals of maximizing public access to the coast and public recreational opportunities, as set forth in the California Coastal Act codified at section 30000 through 30900 of the California Public Resources Code. Section 30001.5(c) states that public access both to and along the shoreline shall be maximized consistent with sound resource conservation principles and constitutionally protected rights of private property owners; 2. To implement the public access and recreation policies of Chapter 3 of the Coastal Act(Section 30210 - 30255); and 3. To implement the certified land use plan of the Local Coastal Program which is required by Section 30500(a) of the Coastal Act to include a specific public access component to assure that maximum public access to the coast and public recreation areas is provided. 4. In achieving these purposes, this ordinance shall be given the most liberal construction possible so that public access to the navigable waters shall always be provided and protected consistent with the goals, objectives and policies of the California Coastal Act and Article X, Section 4, of the California Constitution. B. Definitions. The following definitions shall govern the implementation of the public access requirements of the Coastal Act and this public access ordinance. 1. Development. The placement or erection of any solid material or structure on land, in or under water; discharge or disposal of any materials; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including,but not limited to, subdivision pursuant to Section 66410 of the Government Code, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; and change in the intensity of use of water, or access thereto; construction, reconstruction, demolition,or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation. 09-1961/33781 4 Ordinance No. 3834 ,Ex#1,617- "c , As used in this section"structure" includes but is not limited to, any building,road,pipe, flume, conduit, siphon, aqueduct,telephone line, and electrical power transmission and distribution line. 2. New development. For purposes of implementing the public access requirements of Public Resources Code Section 30212 and of this section, "new development" includes "development''as defined in subsection 1 above except the following: a. Structures destroyed by natural disaster. The replacement of any structure, other than a public works facility,destroyed by a disaster; provided that the replacement structure conforms to applicable existing zoning requirements, is for the same use as the destroyed structure, does not exceed either the floor area,height,or bulk of the destroyed structure by more than 10%,and is sited in the same location on the affected property as the destroyed structure. As used in this section, "disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of the owners. b. Demolition and Reconstruction. The demolition and reconstruction of a single-family residence;provided that the reconstructed residence shall not exceed either the floor area,height or bulk of the former structure by more than 10 percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure. C. Improvements- Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height or bulk of the structure by more than 10 percent, which do not block or impede access, and which do not result in a seaward encroachment by the structure. d. Repair and Maintenance. Repair and maintenance activity which, pursuant to Public Resources Code Section 30610, requires no permit unless the activity will have an adverse impact on lateral public access along the beach. e. Reconstruction and Repair. The reconstruction or repair of any seawall; provided that the reconstructed or repaired seawall is not seaward of the location of the former structure. As used in this section, "reconstruction or repair" of a seawall shall not include replacement by a different type of structure or other modification in design or construction which results in different or greater impacts to shoreline resources than those of the existing structure. 3. Sea. The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks and flood control and drainage channels. 4. Types of Public Access and Recreation. a. Lateral public access: provides public access and use along or parallel to the sea. 09-1961/33781 5 VI UI I ICE I I%,U II,V. JVJY b. Blufftop access: provides public access and coastal viewing along a coastal Blufftop area. C. Vertical access: provides a public access connection between the first public road, trail,or public use area nearest the sea and the publicly owned tidelands or established access. d. Trail Access: provides public access along a coastal recreational path, including to and along lakes, rivers, streams, freshwater marshes, flood control channels/features,_significant habitat and open space areas or similar resource areas, and which also may link inland recreational facilities to the shoreline. e. Recreational Access: provides public access to coastal recreational resources through means other than those listed above, including but not limited to parking facilities, viewing platforms and blufftop parks. 5. Character of Accessway Use. a. Pass and Repass: Refers to the right of the public to walk and run along an accessway. Because this use limitation can substantially restrict the public's ability to enjoy adjacent publicly owned tidelands by restricting the potential use of lateral accessways, it will be applied only in connection with vertical access or other types of access where the findings required by Sections O and R establish that the limitation is necessary to protect natural habitat values,topographic features (such as eroding bluffs), or privacy of the landowner. b. Passive Recreational Use: Refers to the right of the public to conduct activities normally associated with beach use, such as walking, swimming,jogging, sunbathing, fishing, surfing, picnicking, but not including organized sports, campfires, or vehicular access other than for emergencies or maintenance. C. Active Recreational Use: Refers to the right of the public to conduct the full range of beach-oriented activities, not including horseback riding and use of motorized vehicles unless specifically authorized. C. Access Required. As a condition of approval and prior to issuance of a permit or other authorization for any new development identified in 1 through 4 of this section, except as provided in subsection D, an offer to dedicate an easement(or other legal mechanism pursuant to subsection M2) for one or more of the types of access identified in subsections E-H shall be required and shall be supported by findings required by subsections O-Q; provided that no such condition of approval for coastal access shall be imposed if the analysis required by subsections 01 and 2 establishes that the development will not adversely affect, either individually or cumulatively, the ability of the public to reach and use public tidelands and coastal resources or that the access dedication requirement will not alleviate the access burdens identified or is not reasonably related to those burdens in both nature and extent. 09-1961/33781 Vr u I11CMUC IYU. 30.34 o+sdc.uno•J 1. New development on any parcel or location where public access is identified in the Land Use Plan as desirable. 2. New development between the nearest public roadway and the sea. 3. New development on any site where there is substantial evidence of a public right of access to the sea acquired through use or a public right of access through legislative authorization. 4. New development on any site where a trail,blufftop access or other recreational access is necessary to mitigate impacts of the development on public access. D. Exceptions. Subsection C shall apply except in the following instances: 1. Projects excepted from the definition of"new development" in subsection B.2.a-e. 2. Where findings required by subsections O and P establish any of the following: a. Public access is inconsistent with the public safety, military security needs, or protection of fragile coastal resources; b. Adequate access exists nearby; or, C. Agriculture would be adversely affected. 3. Exceptions identified in subsection D2 shall be supported by written findings required by subsection O of this chapter. E. Lateral Public Access, Minimum Requirements. A condition to require lateral access as a condition of approval of a coastal development permit(or other authorization to proceed with development)pursuant to subsection C shall provide the public with the permanent right of lateral public access and passive recreational use along the shoreline (or public recreational area, bikeway, or blufftop area, as applicable); provided that in some cases controls on the time, place and manner of uses may be justified by site characteristics including sensitive habitat values or fragile topographic features, or by the need to protect the privacy of residential development. Active recreational use may be appropriate in many cases where the development is determined to be especially burdensome on public access. Examples include cases where the burdens of the proposed project would severely impact public recreational use of the shoreline, where the proposed development is not one of the priority uses specified in Public Resources Code Section 30222, where active recreational uses reflect the historic public use of the site, where active recreational uses would be consistent with the use of the proposed project,and where such uses would not significantly interfere with the privacy of the landowner. In determining the appropriate character of public use, findings shall be made on the specific factors enumerated in subsection P. Lateral access shall be legally described as required in subsection J. F. Vertical Public Access, Minimum Requirements. A condition to require vertical public access as a condition of approval of a coastal development permit(or other 09-1961/33781 7 Ordinance NO. 3834 authorization to proceed with development)pursuant to subsection C shall provide the public with the permanent right of access, (1) located in specific locations identified in the certified Local Coastal Program for future vertical access, or(2)located in a site for which the local government has reviewed an application for a development permit and has determined a vertical accessway is required pursuant to the access and recreation policies of the Coastal Act or the applicable provisions of the Local Coastal Program. A condition to require vertical access as a condition of approval of a coastal development permit(or other authorization to proceed with development) shall provide the public with the permanent right of vertical access and be limited to the public right of passive recreational use unless another character of use is specified as a condition of the development. In determining whether another character of use is appropriate, findings shall be made on the specific factors identified in subsection P. Each vertical accessway shall extend from the road to the shoreline(or bluff edge) and shall be legally described as required in subsection J. The access easement shall be a minimum of 10 feet wide . If a residential structure is proposed, the accessway should not be sited closer than 10 feet to the structure. G. Blufftop Access, Minimum Requirements. A condition to require public access along a blufftop as a condition of approval of a coastal development permit(or other authorization to proceed with development)pursuant to subsection C shall provide the public with the permanent right of scenic and visual access from the blufftop to the public tidelands. The blufftop access shall be limited to passive recreational use and coastal viewing purposes unless another character of use is specified as a condition of development. In determining the appropriate character of use findings shall be made on the specific factors identified in subsection P. Each blufftop accessway shall be described in the conditions of approval of the coastal development permit as an area beginning at the current bluff edge extending 25 feet inland. However,the accessway shall not extend any closer than 10 feet from an occupied residential structure. Due to the potential for erosion of the bluff edge, the condition shall include a mechanism that will cause the accessway to be adjusted inland as the edge recedes. Any permanent improvements should be set back from the accessway by a distance derived by multiplying the annual rate of blufftop retreat by the life expectancy in years of the improvements. The accessway shall be legally described as required in subsection J, with the furthest inland extent of the area possible referenced as a distance from a fixed monument in the following manner: "Such easement shall be_feet wide located along the blufftop as measured inland from the daily bluff edge. As the daily blufftop edge may vary and move inland, the location of this right of way will change over time with the then current bluff edge, but in no case shall it extend any closer than_ feet from_(a fixed inland point, such as the centerline of a public road or other easement monument)." H. Trail Access, Minimum Requirements. A condition to require public access as a condition of approval of a coastal development permit(or other authorization to 09-1961/33781 8 ur u i ridr�c;e rvu. 3o3�t �C c-)Z �C proceed with development)pursuant to subsection C shall provide the public with the permanent right of access and active recreational use, (1)along a designated alignment of a coastal recreational path or trail in specific locations identified in the LCP for implementation of trail access, or(2) in locations where it has been determined that a trail access is required to link recreational areas to the shoreline or provide alternative recreation and access opportunities pursuant to the access and recreation policies of the LCP and Coastal Act,consistent with other provisions of this chapter. In determining if another character of use is appropriate, findings shall be made on the specific factors enumerated in subsection P. The trail access shall be legally described as required by subsection I. Protection Of Historic Public Use. l. Siting and design requirements. Development shall be sited and designed in a manner which does not interfere with or diminish any public right of access which may have been established based on historic public use. Only when site constraints are so severe that siting of the accessway or recreational use area in its historic location would significantly impair the proposed development and alternative development siting is not feasible, development may be sited in the area of public right of access based on historic use provided that the applicant provides an equivalent area of public access or recreation to and along the same destination and including the same type and intensity of public use as previously existed on the site. Mechanisms for guaranteeing the continued public use of the area or equivalent area shall be required in accordance with subsections E through 11 above. 2. Minimum requirements. An access condition shall not serve to extinguish or waive public prescriptive rights. In permits where evidence shows the possibility of such prescriptive rights,the following language shall be added to the access condition: "Nothing in this condition shall be construed to constitute a waiver of any prescriptive rights which may exist on the parcel itself or on the designated easement." J. Legal Description Of An Accessway, Recordation. An access dedication required pursuant to subsection C shall be described in the condition of approval of the permit or other authorization for development in a manner that provides the public, the property owner, and the accepting agency with the maximum amount of certainty as to the location of the accessway. As part of the condition of approval, easements shall be described as follows: (1)for lateral access: along the entire width of the property from the mean high tide line to (as applicable): the toe of the bluff, the toe of the seawall, or other appropriate boundary such as stringline or dripline; (2) for blufftop access or trail access: extending inland from the bluff edge or along the alignment of a recreational trail; (3)for vertical access: extending from the road to the shoreline(or bluff edge). A privacy buffer provided pursuant to subsection L shall be described, as applicable. Prior to the issuance of the coastal development permit or other authorization for development,the landowner shall execute and record a document in a form and content acceptable to the Coastal Commission [or local agency authorized pursuant to 14 California. Administrative Code Section 13574(b)], consistent with provisions of the Coastal Development Permit ordinance, irrevocably offering to dedicate to a public agency or private association approved by the Coastal 09-1961/33781 9 urainance No. 3834 �Xh�l3�T ocu no•�� A009 Commission [or local agency authorized by the Commission pursuant to 14 California. Administrative Code Section 13574(b)] an easement for a specific type of access and a specific character of use as applicable to the particular condition. The recorded document shall provide that the offer to dedicate shall not be used or construed to allow anyone,prior to acceptance of the dedication,to interfere with any rights of public access acquired through use which may exist on the property. The recorded document shall include legal descriptions of both the applicant's entire parcel and the easement area and a map to scale. The offer shall be recorded free of prior liens and any other encumbrances which the Coastal Commission(or local agency authorized by the Commission)determines may affect the interest being conveyed. The offer to dedicate shall run with the land in favor of the People of the State of California,binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording. K. Management Plan, Minimum Requirements. A management plan may be required in conjunction with a dedication of public access in any case where there is substantial evidence of potential conflicts between public access use and other uses on or immediately adjacent to the site. Examples include access in areas of sensitive habitats, agricultural resources, or significant hazards,or adjoining residential neighborhoods or military security areas. The plan shall be prepared by the accepting agency and approved by the City prior to the opening of the access to public use. Where applicable, the plan should specify management controls on time and intensity of use, standards for privacy buffers,and requirements for maintenance of aesthetic values through such measures as litter control. L. Privacy Buffers, Minimum Requirements. Separation between a public accessway and adjacent residential use may be provided when necessary to protect the landowner's privacy or security as well as the public's right to use of the accessway. Any such buffer shall be provided within the development area. Access should not be sited closer to any residential structure than 10 feet. The buffer can be reduced where separation is achieved through landscaping,fences or grade separation. M. Implementation. 1. A dedicated accessway shall not be required to be opened to public use until a public agency or private association approved in accordance with subsection J agrees to accept responsibility for maintenance and liability of the access,except in cases where immediate public access is implemented through a deed restriction. 2. In any case where the size and character of a development would impose very substantial burdens on public access, such as a large resort development on the shoreline,and where the applicant has the capacity to operate and maintain the accessway or recreation area, a deed restriction may be required instead of an offer to dedicate in order to assure immediate public use of the area and maintenance of the area by the applicant and successors in interest. In any such case, all other applicable provisions of this section shall apply. 09-1961/33781 10 vI u i nant,c rvv. aoilt 3. Access facilities constructed on access easements (e.g., walkways,paved paths,boardwalks, etc.)should be no wider than necessary to accommodate the numbers and types of users that can reasonably be expected. Width of facilities can vary for ramps or paved walkways, depending on site factors. N. Title Information. As a requirement for any public access condition,prior to the issuance of the permit or other authorization for development, the applicant shall be required to furnish a title report and all necessary subordination agreements. Title insurance may also be required where easements are being granted. The amount of insurance shall reflect the estimated cost to acquire an equivalent accessway or recreational use elsewhere in the vicinity. All offers shall be made free of all encumbrances which the approving authority pursuant to subsection J determines may affect the interest being conveyed. If any such interest exists which could erase the access easement, it must be subordinated through a written and recorded agreement. O. Required Overall Findings. Written findings of fact,analysis and conclusions addressing public access must be included in support of all approvals, denials or conditional approvals of projects between the first public road and the sea (whether development or new development) and of all approvals or conditional approvals of projects (whether development or new development)where an access dedication is included in the project proposal or required as a condition of approval. Such findings shall address the applicable factors identified by subsection P and shall reflect the specific level of detail specified, as applicable. Findings supporting all such decisions shall include: 1. A statement of the individual and cumulative burdens imposed on public access and recreation opportunities based on applicable factors identified pursuant to subsection P. The type of affected public access and recreation opportunities shall be clearly described. 2. An analysis based on applicable factors identified in subsection P of the necessity for requiring public access conditions to find the project consistent with the public access provisions of the Coastal Act. 3. A description of the legitimate governmental interest furthered by any access condition required. 4. An explanation of how imposition of an access dedication requirement alleviates the access burdens identified. P. Required Project-Specific Findings. In determining any requirement for public access, including the type of access and character of use, the City shall evaluate and document in written findings the factors identified in subsections 1 through 5 below, to the extent applicable. The findings shall explain the basis for the conclusions and decisions of the City and shall be supported by substantial evidence in the record. If an access dedication is required as a condition of approval, the findings shall explain how the adverse effects which have been identified will be alleviated or mitigated by the dedication. As used in this subsection, "cumulative effect" means the effect of the individual project in combination with the effects of past projects, other current projects, and probable future projects, including development allowed under applicable planning and zoning. 09-1961/33781 1 i v 4 Ilul.1. ITV• JV JT 1. Project effects on demand for access and recreation. Identification of existing and open public access and coastal recreation areas and facilities in the regional and local vicinity of the development. Analysis of the project's effects upon existing public access and recreation opportunities. Analysis of the project's cumulative effects upon the use and capacity of the identified access and recreation opportunities, including public tidelands and beach resources, and upon the capacity of major coastal roads from subdivision,intensification or cumulative buildout. Projection of the anticipated demand and need for increased coastal access and recreation opportunities for the public. Analysis of the contribution of the project's cumulative effects to any such projected increase. Description of the physical characteristics of the site and its proximity to the sea,tideland viewing points, upland recreation areas, and trail linkages to tidelands or recreation areas. Analysis of the importance and potential of the site, because of its location or other characteristics, for creating,preserving or enhancing public access to tidelands or public recreation opportunities. 2. Shoreline processes, Description of the existing shoreline conditions, including beach profile;aceenibility and usability of the beach,history of erosion or accretion, character and sources of sand, wave and sand movement,presence of shoreline protective structures,location of the line of mean high tide during the season when the beach is at its narrowest(generally during the late winter) and the proximity of that line to existing structures, and any other factors which substantially characterize or affect the shoreline processes at the site. Identification of anticipated changes to shoreline processes and beach profile unrelated to the proposed development. Description and analysis of any reasonably likely changes, attributable to the primary and cumulative effects of the project, to: wave and sand movement affecting beaches in the vicinity of the project; the profile of the beach; the character,extent, accessibility and usability of the beach; and any other factors which characterize or affect beaches in the vicinity. Analysis of the effect of any identified changes of the project- alone or in combination with other anticipated changes- will have upon the ability of the public to use public tidelands and shoreline recreation areas. 3. Historic public use. Evidence of use of the site by members of the general public for a continuous five-year period(such use may be seasonal). Evidence of the type and character of use made by the public (vertical, lateral, blufftop, etc. and for passive and/or active recreational use,etc.). Identification of any agency (or person)who has maintained and/or improved the area subject to historic public use and the nature of the maintenance performed and improvements made. Identification of the record owner of the area historically used by the public and any attempts by the owner to prohibit public use of the area, including the success or failure of those attempts. Description of the potential for adverse impact on public use of the area from the proposed development(including but not limited to, creation of physical or psychological impediments to public use). 4. Physical obstructions. Description of any physical aspects of the development which block or impede the ability of the public to get to or along the tidelands, public recreation areas, or other public coastal resources or to see the shoreline. 09-1961/33781 12 5. Other adverse impacts on access and recreation. Description of the development's physical proximity and relationship to the shoreline and any public recreation area. Analysis of the extent to which buildings, walls, signs;streets or other aspects of the development, individually or cumulatively, are likely to diminish the public's use of tidelands or lands committed to public recreation. Description of any alteration of the aesthetic, visual or recreational value of public use areas, and of any diminution of the quality or amount of recreational use of public lands which may be attributable to the individual or cumulative effects of the development. Q. Required Findings For Public Access Exceptions. Any determination that one of the exceptions of subsection D applies to a development shall be supported by written findings of fact, analysis and conclusions which address all of the following: 1. The type of access potentially applicable to the site involved(vertical, lateral, blufftop,etc.)and its location in relation to the fragile coastal resource to be protected, the agricultural use, the public safety concern, or the military facility which is the basis for the exception,as applicable. 2. Unavailability of any mitigating measures to manage the type,character, intensity, hours, season or location of such use so that agricultural resources, fragile coastal resources,public safety, or military security, as applicable, are protected. 3. Ability of the public,through another reasonable means, to reach the same area of public tidelands as would be made accessible by an accessway on the subject land. R. Findings For Management Plan Conditions. Written findings in support of a condition requiring a management plan for regulating the time and manner or character of public access use must address the following factors, as applicable: 1. Identification and protection of specific habitat values including the reasons supporting the conclusion that such values must be protected by limiting the hours, seasons, or character of public use. 2. Topographic constraints of the development site. 3. Recreational needs of the public. 4. Rights of privacy of the landowner which could not be mitigated by setting the project back from the accessway or otherwise conditioning the development. 5. The requirements of the possible accepting agency, if an offer of dedication is the mechanism for securing public access. 6. Feasibility of adequate setbacks, fencing, landscaping, and other methods as part of a management plan to regulate public use. 09-1961133781 13 vruinance rvv. Sus'+ SECTION 8. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15 t h day of June , 2009. ATTEST: Mayor City Clerk A OVED AS TO FORM: T - REVIEWE APPROVED: City Attorney A' ®� City dm 'strator INITIAT AN PROVED: irector of Planning 09-1961/33781 14 Ord. No. 3834 STATE OF CALIFORNIA ) AeWLGL-770,0 COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on June 01,2009 and was again read to said City Council at a regular meeting thereof held on June 15,2009 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy NOES: None ABSENT: Hansen ABSTAIN: None I,Joan L. Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on June 25,2009. In accordance with the City Charter of said City Joan L. Flynn,City Clerk CoClerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California doo 9--a,e ORDINANCE NO. 3835 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING CODE RELATING TO SITE STANDARDS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 230 of the Huntington Beach Zoning Code is hereby amended by amending Section 230.82 to read as follows: 230.82 Performance Standards For All Uses A. Applicability and Compliance. The development standards set forth in this section apply to every use classification in every zoning district unless otherwise specifically provided. The Director may require evidence of ability to comply with development standards before issuing an entitlement. B. Air Contaminants. Every use must comply with rules, regulations and standards of the South Coast Air Quality Management District(SCAQMD). An applicant for a zoning permit or a use, activity, or process requiring SCAQMD approval of a permit to construct must file a copy of the SCAQMD permit with the Director. An applicant for a use,activity, or process that requires SCAQMD approval of a permit to operate must file a copy of such permit with the Director within 30 days of its approval- C. Water Quality. Every use must comply with rules, regulations and standards of the Federal government, State and Regional Water Quality Control Boards and the City of Huntington Beach Municipal Codes. An applicant for a zoning permit or a building permit must demonstrate compliance with aforementioned rules,regulations and standards. General Plan and Local Coastal Program Goals, Objectives and Policies shall be incorporated into water quality management programs prepared for development projects as applicable and to the maximum extent practicable. D. Storage On Vacant Lot. A person may not store, park,place, or allow to remain in any part of a vacant lot any unsightly object. This does not apply to building materials or equipment for use on the site during the time a valid building permit is in effect for construction on the premises. 09-1961/33790 1 6/7- 6E130L-C4�6'i o�00�1- ke SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15 th day of June , 2009. ATTEST: O i� IF pe, Mayor City Clerk PROVED AS TO FORM: REVIE APPROVED: ty Attorney V d V Ci nistrator INITIATED D OVED: Director o Planning 09-1961/33790 2 z�,�(1,617- i e- Ord. No. 305 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on June 01, 2009,and was again read to said City Council at a regular meeting thereof held on June 15,2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy NOES: None ABSENT: Hansen ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on June 25,2009. In accordance with the City Charter of said City Joan L. Flynn,Ci_ Clerk CiU Clerk and ex-officio erk Senior Duty City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2009-28 • i • • f f� i �c !Kp} O r 13 rRE Rt rU � � i v ' rig vsr s �3 W � �rr.rcts_,.r•_ _ 5�\��A � .� ".r3GT �'2 "� ��'_�1n- ���syi 'Z.� .�5 -L r���L."�,3a—E� f OR 1 I• � i Res. No. 2009-28 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 1, 2009 by the following vote: AYES: Carchio, Dwyer, Bohr, Coerper, Hansen NOES: Hardy ABSENT: Green ABSTAIN: None Cit Jerk and ex-officio Uerk of the City Council of the City of Huntington Beach, California ATTACHMENT # 11 Council/Agency Meeting Held: Deferred/Continued to: ❑Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: 6/16/2008 Department ID Number: PL08-07 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCI E ERS SUBMITTED BY: PAUL EMERY, Interim City Administrator :PREPARED BY: SCOTT HESS, Director of PlannW1__1 SUBJECT: APPROVE RESOLUTIONS TO ACCEPT MODIFICATIONS TO LOCAL COASTAL PROGRAM AMENDMENT NO. 1-06 APPROVED BY THE CALIFORNIA COASTAL COMMISSION AND AMEND THE LOCAL COASTAL PROGRAM ACCORDINGLY (PARKSIDE ESTATES) Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration are two resolutions relative to Local Coastal Program Amendment (LCPA) 1-06 for the purpose, of: 1) accepting California Coastal Commission's approved modifications to the LCPA and 2) approving revisions to the Local Coastal Program Coastal Element. The latter action is required to formally adopt the changes suggested by the Coastal Commission for the LCPA. LCPA 1-06 pertains to the Land Use Plan for Parkside Estates, a proposed residential project on an approximate 50 acre site. In approving the Land Use Plan, Coastal Commission also approved changes to the policy section of the Coastal Element, which have applicability to any property in the Coastal Zone. Staff recommends the- City Council approve the request because the modifications meet the intent of the goals and policies of the General Plan and the Certified Local Coastal Program, are consistent with the intent of the City's approval of the LCPA in 2002 and still allow for the viable development of the Parkside Estates project. Funding Source: . Not Applicable Recommended Action: Motion to: 1 . "Approve Resolution No. 2008-31 (ATTACHMENT NO. 1), a resolution of the .City Council of the City of Huntington Beach, California, which acknowledges receipt of the Coastal Commission action and accepts and agrees to Local Coastal Program Amendment No. 1-06 as modified, and forward to the California Coastal Commission," and REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/16/2008 DEPARTMENT ID NUMBER: PL08-07 2. "Approve Resolution No. 2008-32 (ATTACHMENT NO. 2), a resolution of the City Council of the City of Huntington Beach amending the Local Coastal Program by amending the Coastal Element." Alternative Action(s): The City Council may take the following alternative action(s): "Continue the Modifications to Local Coastal Program Amendment No. 1-06 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: Ron Metzler, Shea Homes, 603 S. Valencia Ave. Brea, CA 92823 Location: 17301 Graham St. (west side of Graham, south of Kenilworth, adjacent to the East Garden Grove-Wintersburg Channel) and the remainder of the coastal zone Local Coastal Program Amendment No. 1-06 is being brought to the City Council for acceptance of the California Coastal Commission's suggested modifications to the Local Coastal Program as they pertain to the Land Use Plan (LUP) for the Parkside Estates project. In approving the LUP for the project, the Coastal Commission also approved modifications to the City's Coastal Element with respect to policy changes that affect any property located in the Coastal Zone. All of the modifications are presented in the approval letter from the Coastal Commission (Attachment No. 3). The process for approving the modifications involves two resolutions in order to: 1) accept and agree to the California Coastal Commission's suggested modifications, and 2) to approve and incorporate the Coastal Commission's modifications into our Local Coastal Program (Coastal Element). Upon transmittal of Attachments No. 1 and 2 to the Coastal Commission, the Executive Director of the Commission will determine if the City has complied with the Commission's action. The LCPA for the Coastal Element is not effectively certified until such determination is made. B. BACKGROUND: The City Council approved General Plan Amendment No. 98-1, Zoning Map Amendment No. 96-5A & 5B and Local Coastal Program Amendment No. 96-4, as well as other project related entitlements, on October 21, 2002. These were applications submitted by Shea Homes to allow for the development of single family homes and a park on an approximately 50 acre site. D2 . 2 -2- 6/2/2008 1:52 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/16/2008 DEPARTMENT ID NUMBER: PL08-07 The LCPA submittal was forwarded to the California Coastal Commission as Local Coastal Program Amendment 2-02 for review and approval in December 2002. Due .to various factors, including Coastal Commission processing timelines and resubmittals by the City, the LCPA was renumbered to 1-06, and on November 14, 2007 the California Coastal Commission approved Local Coastal Program No. 1-06 with suggested modifications. On May 7, 2008 the Coastal Commission adopted revised findings reflecting the Commission's November action (Attachment No. 3). Section 13537 of the California Code of Regulations states that the local government must accept and agree to the modifications by resolution within six months of Commission action or the Coastal Commission's approval expires. Recognizing that the six month period, which ended May 14, 2008, would elapse before Coastal Commission staff would even bring the revised findings to the Commission for approval, on April 10, 2008 the Coastal Commission extended the City Council's six month time limit to accept the suggested modifications for a period of one year to May 14, 2009. C. STAFF ANALYSIS AND RECOMMENDATION The City's Coastal Element consists of a Technical Synopsis, which includes a description of the various areas or zones within the Coastal Zone, and Goals, Objectives and Policies that govern development within the Coastal Zone. The 11 suggested modifications approved by the Coastal Commission include changes to both components of the Coastal Element. Suggested Modifications Nos. 1-7 are specific to the Parkside Estates property and modify the Technical Synopsis to: 1) include an updated description of the subject property 2) establish a land use plan for the property, discussed further below 3) establish a subarea for the property that includes detailed development standards and principles to govern its use, and 4) include an updated description of wetlands and Eucalyptus Environmentally Sensitive Habitat (ESHA) The land use plan approved by the Coastal Commission (Attachment No. 4) decreases the amount of developable land on the Parkside Estates site by 29 percent compared with the plan approved by the City Council in 2002 (Attachment No. 5). A comparison of the acreage changes is provided in the table below: Land Use Acres Approved by Acres Approved by Difference ..Designation City Council Coastal Commission' Residential 37.4 26.5 -10.9 Open Space-Park 8.4 0.0 -8.4 Open Space-Conservation 3.7 23.0 +19.3 Total 49.5 49.5 The acres shown here are derived by the City from the Land Use exhibit in the Coastal Commission staff report (42h revised exhibit NN); however, specific acreages have not been enumerated by Coastal Commission staff. -3- D2 .3 6/2/2008 1:52 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/16/2008 DEPARTMENT ID NUMBER: PL08-07 In approving the land use plan for the site, the Coastal Commission determined that there were additional wetland areas and Eucalyptus ESHA beyond those identified at the time the Parkside Estates project was approved by the City of Huntington Beach. The additional wetlands and ESHA along with their buffer areas increases the amount of area that must be designated as Open Space-Conservation in order to protect these areas. As a consequence, the amount of area that may be developed with homes or active park area has decreased. Of note, although the land use plan approved by the Coastal Commission does not include any Open Space-Park designation, neighborhood parks are a permitted use within the Residential land use designation. Therefore, it is the property owner's intention to develop a small active park in the northwest corner of the site where one was previously planned. In terms of incorporating the land use plan approved by the Coastal Commission and presented in Attachment No. 4 into the City's Coastal Element, staff has worked with Shea Homes to develop a land use exhibit for the document (ATTACHMENT NO. 6). The exhibit identifies the two land use designations approved by the Coastal Commission, .the boundaries of which are consistent with 4t' revised exhibit NN. It is staffs intent that this exhibit, with modifications for formatting consistency, will ultimately be included in the Coastal Element pursuant to the Coastal Commission's action. Suggested Modifications Nos. 8-1.1 implement changes to Coastal Element policies that affect all Coastal Zone property, i.e. are not specific to Parkside Estates. In approving the LCPA, the Coastal Commission adopted four new polices and modified three. The new policies require: • provision of public access and recreation benefits concurrent with the private development; • streets of new subdivisions between the sea and the first public road to be open to the public and not gated; the preference of natural treatment systems over mechanical systems (BMPs); and • the protection of wetlands or ESHA that have been altered, filled or degraded as the result of activities carried out without compliance with the Coastal Act The three policies that have been modified all pertain to water quality and the design of BMP systems for the purpose of tightening or strengthening the City's Coastal Element language to be more consistent with the most recent actions by the Coastal Commission. When the City completed a comprehensive update of its Coastal Element in 2001, this section of the Element was significantly augmented by Commission staff at that time. However, in the intervening years, Commission staff thought some additional changes were needed. City staff and the developer of the Parkside Estates project have evaluated the suggested modifications as they pertain to their property as approved by the Coastal Commission and are in agreement with them. City staff has also evaluated the modifications that affect Coastal Element policies and think they are appropriate and implementable. Staff recommends the City Council approve the suggested modifications from the Coastal Commission because the modifications will meet the intent of the goals and policies of the General Plan and the Certified Local Coastal Program. D2 . 4 4- 6/2/2008 1:52 PM REQUEST FOR CITY COUNCIL, ACTION MEETING DATE: 6/16/2008 DEPARTMENT ID NUMBER: PL08-07 Strategic Plan Goal: L-1 Establish the vision and create a land use plan for reuse of critical parcels so that the next phase of the community investment and improvement can begin. The LCPA establishes a land use plan for an approximately 50 acre site that provides an almost equal amount of open space and developable land in a manner that allows the property owner to move forward with a project that will provide needed housing and public infrastructure. Environmental Status: The preparation and approval of Local Coastal Program Amendment No. 1-06 is exempt from the requirements of CEQA, pursuant to Section 21080.9 of CEQA and Sections 15251(f) and 15265 of Title 14, Californa Code of Regualtions. In any event, Local Coastal Program Amendment No. 1-06 is covered by Environmental Impact Report No. 97-2, certified by the City Council on October 21, 2002, in accordance with CEQA requirements as well as the California Coastal Commission's approval of the Local Coastal Program Coastal Element on November 14, 2007, pursuant to Section 21080.5 of CEQA. Attachment(s): . - . - 'Description 1. on 7of the i y t dges 1�iptof the�Coas=o=i �andagrees o1-06 as anygied. 2. esolution o.08=32,a-rest ion n o the Ci yfcancil-e -the -tty-e#-F�unti�gte+a-I�easla-am�dtng-the-L-ecat-0aastai-Pr�ara�.ka-y amendi tfhe-Goastal-E4,ewept 3. -,2-908 4. !n pro 5. , ci pprove Land Use esigna ions t&r e �- 2 L / 6. -12R Exhitibit refleetifig Pir,ristnt m N 7. -resen�tiar� D2 . 5 -5- 6/2/2008 1:52 PM ATTACHMENT # 12 STATF C)F CAI 1FC)RNIA-THE RFSCH IRCFS AC;FNCY GRAY nAVI$ f-,nvpmnr. CALIFORNIA C OASTAL'COM MISSION South Coast Area Office -a 200 Oceangate,Suite 1000 -ong Beach,CA 90802-4302 (562)590-5071. May 20, 2008 dit'y of Huntington Bead Scott Hess Planning Director MAY 2 3 2008 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Huntington Beach LCP Major Amendment No. 1-06 (Parkside) Dear Mr. Hess: You are hereby notified that the California Coastal Commission, at its May 7, 2008 meeting in Marina del Rey, adopted revised findings reflecting the Commission's action of November 14, 2007 approving City of Huntington Beach Local Coastal Program Amendment No. 1-06 with modifications. Local Coastal Program (LCP)Amendment No. 1-06 is reflected in City Council Resolution No. 2002- 123. The approved amendment, as modified, provides land use designations and Land Use Plan text for the area known as Parkside, an area that was deferred certification at the time the City's LCP was certified. Please note, the Implementation Plan portion of LCPA 1-06 was withdrawn by the City and thus the subject area remains an area of deferred certification. The Commission approved the LCP amendment subject to the attached suggested modifications. Therefore, LCP Land Use Plan Amendment No. 1-06 will not become effective until: 1) the Huntington Beach City Council adopts the Commission's suggested modifications, 2) the City Council forwards the adopted suggested modifications to the Commission by resolution, and, 3) the Executive Director certifies that the City has complied with the Commission's November 14, 2007 action as reflected in the findings adopted on May 7, 2008. On April 10, 2008, the Coastal Commission extended the City Council's six month time limit to accept the suggested modifications. Therefore, the Coastal Act requirement that the City's adoption of the suggested modifications be completed within six months has effectively been extended until May 14, 2009. Thus, the City Council must act to accept the Commission's suggested modifications by May 14, 2009. Thank you for your cooperation and we look forward to working with you and your staff in the future. Please call Meg Vaughn or myself at (562) 590-5071 if you have any questions regarding the modifications required for effective certification of City of Huntington Beach LCP Land Use Plan Amendment No. 1-06. Sincerely, Teresa Henry District Manager cc: Mary Beth Broeren, Principal Planner HNB LCPA 1-06 parkside psthrg Itr AdptdF 5.20.08 my STATE OF CALIFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 700 Oceangate,Suite 1000 tl®' long Beach,CA 90802A302 (562)590-5071 May 20, 2008 TO: Commissioners and Interested Persons FROM: Sherilyn Sarb, Deputy Director, South Coast District, Orange County Teresa Henry, Manager, South Coast District Karl Schwing, Supervisor, Regulation & Planning, Orange County Area Meg Vaughn, Coastal Program Analyst SUBJECT: ADOPTED FINDINGS for Major Amendment Request No. 1-06 (Shea Homes/Parkside)to the City of Huntington Beach Certified Local Coastal Program Land Use Plan (Pursuant to Commission action at the Public Hearing on the May 7, 2008 •meeting in Marina del Rey reflecting the Commission's action at the November 14, 2007 hearing). SUMMARY OF HUNTINGTON BEACH LCP AMENDMENT REQUEST NO. 1-06 Request by the City of Huntington Beach to amend the Land Use Plan (LUP) portion of the Local Coastal Program (LCP). The proposed Local Coastal Program (LCP) amendment is a project-specific amendment designed to make possible a low density residential development on a vacant, approximately 50-acre site comprising two legal lots, most of which is currently in agricultural production. Of the total project area, approximately 45 acres have long been located within the City of Huntington Beach. The remaining 5 acres were, until 2004, located within unincorporated County of Orange jurisdiction, within the Bolsa Chica LCP area. However, with the recent annexation, the entire site is within the City of Huntington Beach. Of the 45 acre portion of the site, approximately 40 acres were deferred certification at the time the City's overall Local Coastal Program was certified and remains uncertified today. This LCP amendment would incorporate that 40 acres and the newly annexed area into the City's existing LCP and establish land use and zoning designations for those areas. The remaining five acre portion of the 45 acre area was certified at the time the City's overall LCP was certified as Open Space — Park (OS-P). The 40 acre area was originally deferred certification due in part to wetland issues. The City's current amendment requests designation of approximately 38.5 acres as RL-7 (Low Density Residential — maximum 7 units per acre), approximately 8.2 acres as OS-P (Open Space —Park), and approximately 3.3 acres as OS—C (Open Space — Conservation). SUMMARY OF COMMISSION ACTION At the Commission hearing of November 14, 2007 the Commission reviewed the City of Huntington Beach Local Coastal Program Amendment 1-06. The Commission approved with revised suggested modifications the City's request to amend the LCP Land Use Plan as requested. At the Commission hearing of May 7, 2008 the Commission adopted Revised Findings with changes to the original staff recommended revised findings. The final version of the suggested modifications and findings adopted by the Commission at Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 2 the May 7, 2008 hearing, which reflect the Commission's November 14, 2007 action on the LCPA, are contained in these adopted findings. At the November 14, 2007 hearing, public testimony and Commission discussion included concerns regarding the extent of wetland on site, the appropriate distance for ESHA buffer areas and appropriate uses allowed within ESHA buffer areas. The Commission found that the area referred to as the Wintersburg Pond (WP) was not wet enough to develop a preponderance of wetland vegetation or wetland soils; that the area known as the EPA wetland was wet enough to support a preponderance of wetland vegetation or soils in 1996 and that any changes in local hydrology that may have taken place since that time were unpermitted; a variable width buffer distance would be adequate to protect the eucalyptus grove ESHA; and that areas referred to as "intermingled areas" found between the areas identified as wetland, ESHA, and buffer areas should not be designated Open Space - Conservation. The changes made by the Commission at the hearing are manifested in the staff report primarily though changes to Exhibit NN (now 4"' revised) in that the areas of the site to be designated Open Space — Conservation and the areas to be designated as the development envelope (which allows either active park or residential development)have changed.. In addition, the changes made by the Commission at the hearing result in changes to the suggested modification regarding the width of the ESHA buffer area and uses allowed within that buffer area. Also, there are changes to the wetland findings supporting the Commission's determination that the WP area is not a wetland and to eliminate the discussion on the intermingled areas. Finally, changes are made in the . ESHA findings to support the variable width ESHA buffer rather than the 100 meter ESHA buffer, and to allow a portion of a water quality Natural Treatment System as an allowable use within a portion of the outer ESHA buffer subject to restrictions. COMMISSION VOTE: The Commissioners voting on the prevailing side were: Burke, Clark, Hueso, Secord, Neely, Potter, Reilly, and Chair Kruer. STANDARD OF REVIEW For the proposed Land Use Plan amendment, the standard of review is conformance with and satisfaction of the requirements of the Chapter 3 policies of the Coastal Act. SUMMARY OF PAST ACTIONS ON THIS LCPA At the May 2007 hearing in San Pedro, after presentations by staff, the applicant, and public testimony, the Commission voted to deny,the subject Land Use Plan amendment, as submitted. A motion (i.e. the main motion) was made to approve the Land Use Plan amendment with modifications, but, upon deliberation, the hearing was continued. The LCPA was subsequently scheduled for Commission action at its July 9-13, 2007 hearing. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 3 The LCP amendment originally proposed changes to both the Land Use Plan (LUP) and the Implementation Plan (IP). On July 3, 2007, the City withdrew the IP portion of the LCPA. The Commission recognized the withdrawal of the IP amendment at its July 11, 2007 hearing. Also at its July 11, 2007 hearing, the Commission postponed action on suggested modifications for the LUP portion of the LCPA. At the November 14, 2007 hearing, the Commission approved the.proposed LUP amendment with suggested modifications as revised at that hearing. At the May 7, 2008 hearing the Commission adopted the revised findings with changes. Those changes are reflected herein. SUMMARY OF PUBLIC PARTICIPATION Section 30503 of the Coastal Act requires public input in Local Coastal Program development. During the preparation, approval, certification, and amendment of any local coastal program, the public, as well as all affected governmental agencies, including special districts, shall be provided maximum opportunities to participate. Prior to submission of a local coastal program for approval, local governments shall hold a public hearing or hearings on that portion of the program which has not been subjected to public hearings within four years of such submission. Prior to submittal of the LCPA to the Commission, the City held numerous public hearings on the proposed LCP amendment as shown on exhibit D. All City staff reports were made available for public review in the Planning Department and in the Huntington Beach Public Library. Public hearing notices were mailed to property owners of record for the parcels that are the subject of the amendment as well as parcels within a 1,000 foot radius (including occupants), and notice of the public hearing was published in the Huntington Beach Independent, a local newspaper'of general circulation. ADDITIONAL INFORMATION Copies of the staff report are available online on the Coastal Commission's website at www.coastal.ca.gov or at the South Coast District office located in the ARCO Center Towers, 200 Oceangate, Suite 1000, Long Beach, 90802. To obtain copies of the staff report by mail, or for additional information, contact Meg Vaughn in the Long Beach office at (562) 590-5071. The City of Huntington Beach contact for this LCP amendment is Scott Hess, Director of Planning, who can be reached at (714)536-5271. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 4 1. RESOLUTION RESOLUTION TO CERTIFY WITH SUGGESTED MODIFICATIONS: The Commission hereby certifies the Land Use Plan Amendment No. 1-06 for the City of Huntington Beach if modified as suggested and adopts the findings set forth below on the grounds that the Land Use Plan amendment with suggested modifications will meet the requirements of and be in conformity with the policies of Chapter 3 of the Coastal Act. Certification of the land use plan amendment if modified as suggested complies with the California Environmental Quality Act because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the plan on the environment, or 2) there are no further feasible alternatives or mitigation measures that would substantially lessen any significant adverse impacts which the Land Use Plan Amendment may have on the environment. 11. SUGGESTED MODIFICATIONS Certification of City of Huntington Beach LCP Amendment Request No. 1-06 is subject to the following modifications. The City's existing language is shown in plain text. The City's proposed additions are shown in bold text. The City's proposed deletions are shown in ft . The Commission staffs original (November 2007) suggested additions are shown in bold, italic, underlined text. The Commission.staffs original (November 2007) suggested deletions are show in bold, Additions to the November 2007 staff recommendation made by the Commission at the public hearing are shown in bold, italic, double underlined text. Deletions to the November 2007 staff recommendation made by the Commission at the public hearing are shown in Staff Note: Three corrections are made where, due to typos, existing certified LUP language was left out. The corrections are: 1) replacing the word "residential" in suggested modification No. 1, 2) replacing the sub-section "Public" in the table in suggested modification No. 2, and, 3) inserting the hyphen in the land use category titles Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 5 Open Space — Conservation and Open Space — Parks throughout. LAND USE PLAN SUGGESTED MODIFICATIONS: SUGGESTED MODIFICATION NO. 1 Sub-Area Descriptions and Land Use Plan The City's certified and proposed Land Use Plan (LUP) language, on page IV-C-11, under the heading: Zone 2 — Bolsa Chica, shall be modified as follows: Existing Land Uses Inland (Pacific Coast Highway and areas north to the Coastal Zone boundary.) The majority of Zone 2, the Bolsa Chica, is located outside the City's corporate boundary, within the County of Orange. The area is in the City's Sphere of Influence ... A-44 50 acre area between &w4�*� the residential development along Kenilworth ®rive and the East Garden Grove Wintersburg Flood Control Channel is includes a small section of the Bolsa Chica bluffs. Coastal (Seaward of Pacific Coast Highway) Coastal Element Land Use Plan Inland (Pacific Coast Highway and areas north to the Coastal Zone boundary.) The Coastal Element does not present a land use plan for the Bolsa Chica. The land area north of the Bolsa Chica, within the City's corporate and Coastal Zone boundaries, is built out consistent with its Coastal Element designation of low density residential. The area west of the Bolsa Chica is also developed consistent with the Coastal Element Land Use designation of low density residential and multi-family residential. next to the Winter-sburg Flood Control GhaRnel retains its existing designation*as an �AFea of Deferred GeFtifiGatiGn." PrioF to development of the site, an amendment to the City's amendment would take effeGt upon Commissien GeFtifiGation. Pe S dt�..is zene are Coastal 0ement land use desic (Low Density Residential) and/1C A(Open Cnae•e� P arlrl In _14 Ji4iGn1 ann Beaoh. This area Spage — Conservation)-. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 6 The rifty(50) acre area (including the 5 acre area annexed by the City in 2004) adjacent to and immediately north of the East Garden GroveMintersbur_g Flood Control Channel and adjacent to and immediately west of Graham Street is land use designated Residential and Open Space— Conservation. (See Figure C-Sa) There are wetlands, a Eucalyptus Grove that is an Environmentally Sensitive Habitat Area because it provides important raptor habitat, and buffer areas�n 11 at this site. These areas are designated Open Space— Conservation. The Wintersbur_g Channel Bikeway is identified at this site on the north levee of the flood control channel in the Commuter Bikeways Strategic Plan, which is the regional bikeways plan for Orange County(See page IV-C-49 and Figure C-14). SUGGESTED.MODIFICATION No. 2 The table titled Zone 2 — Land Use Designations, on page IV-C-11, shall be modified as follows: Zone 2— Land Use Designations Residential RL--7 or RM or RH Open Space OS-P OS-S OS-C Public P ` 'White Hole" Zone 2-Specific Plan Areas None Zone 2—General Plan Overlays 4G, 4J, 4K SUGGESTED MODIFICATION NO. 3 Figure C-6 of the City's Land Use Plan shall be modified to reflect the change in the City's corporate boundary and to accurately reflect the correct areas of the certified land use designations (Residential and Open Space Conservation)for the area. SUGGESTED MODIFICATION NO. 4 New Figure C-6a shalt be added to the City's Land Use Plan, which shall be a land use plan of the Parkside site and shall depict the approved land use designations on the site as shown on 4m revised exhibit NN. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 7 SUGGESTED MODIFICATION NO. 5 Add new subarea 4-K to table C-2 (Community District and Subarea Schedule) as depicted below: Subarea Characteristic Standards and Principles 4-K Permitted Uses Categories Residential(R-L or R-M) Open Space Conservation (OS- See Figure C-6a Density/intensity Residential Maximum of fifteen (15) dwelling units per acre. Design and See Fi_qure C-6a D_ evelopment A development plan for this area shall concentrate and cluster residential units in the nogheastern portion of the site and include, consistent with the land use designations and Coastal Element policies, the following required information (all required information' must be prepared or updated no more than one year prior to submittal of a coastal development permit application): 1. A Public Access Plan, including, but not limited to the following features: ❖ Class I Bikeway(paved off-road bikeway; for use by bicyclists, walkers, io_ggers, roller skaters, and strollers) along the north levee of the flood control channel. If a wall between residential development and the Bikeway is allowed it shall include design features such as landscaped screening, non-linear footprint, decorative design elements andlor other features to soften the visual impact as viewed from the Bikeway. ❖ Public vista point with views toward the Bolsa Chica and ocean consistent with Coastal Element policies C 4.1.3, C 4.2.1, and C 4.2.3. AH streets shall be un_gated, public streets available to the_general public for parking, vehicular, Redestrian and bic cle access. Adopted Findings. (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 8 All public entry controls (e._q. _-ggates, gatelguard houses, __guards, si_gna_ge, etc.) and restrictions on use by the_general public (e.g. preferential parking districts, resident-only parking periods/permits, etc.) associated with anV streets or parkin_q areas shall be prohibited. ❖ Public access trails to the Class I BikewaV, open space and to and within the subdivision, connecting with trails to the Bolsa Chica area and beach beyond. ❖ Public access signage. ❖ When privacy walls associated with residential development are located adjacent to public areas they shall be placed on the private property, and visual impacts created by the walls shall be minimized through measures such as open fencinglwall design, landscaped screenin__q, use of an undulating or off-set wall footprint, or decorative wall features (such as artistic imprints, etc.), or a combination of these measures Z Habitat Management Plan for all ESHA, wetland, and buffer areas designated Open Space- Conservation that provides for their restoration and perpetual conservation and management. Issues to be addressed include, but are not limited to, methods to assure continuance of a water source to feed all wetland areas, enhancement of habitats and required buffer areas restoration and enhancement of wetlands and environmentallV sensitive habitats and required buffer areas, and fuel modification requirements to address fire hazard and avoid disruption of habitat values in buffers. 3. Archaeological Research Design consistent with Policies C5.1.1 C5.1.2 C5.1.3 C5.1.4 and C5.1.5 of this Coastal Element. 4. Water Quality Management Proqram consistent with the Water and Marine Resources policies of this Coastal Element. If development of the parcel creates Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 9 si_gnihcant amounts of directly connected impervious surface (more than 10%) or increases the volume and velocity of runoff from the site to adjacent coastal waters, the development shall include a treatment control BMP or suite of BMPs that will eliminate, or minimize to the maximum extent practicable, dry weather flow_generated by site development to adjacent coastal waters and treat runoff from at least the 8CM percentile storm event based on the design criteria of the California Association of Stormwater Agencies (CASQA) BMP handbooks, with at least a 24 hour detention time. Natural Treatment Systems such as wetland detention systems are preferred since they provide additional habitat benefits, reliabilitV and aesthetic values. 5. Pest Management Plan that, at a minimum,prohibits the use of rodenticides, and restricts the use of pesticides, and herbicides in outdoor areas, except necessary Vector Control conducted bV the CitV or County. 6. Landscape Plan for non-Open Space Conservation areas that prohibits the planting, naturalization, or persistence of invasive plants, and encourages low- water use plants, and plants primarily native to coastal Orange County. 7. Bio1o_gical Assessment of the entire site. 8. Wetland delineation of the entire site. 9. Domestic animal control plan that details methods to be used to prevent pets from entering the Open Space- Conservation areas. Methods.to be used include, but are not limited to, appropriate fencing and barrier plantings. 10. Hazard Mitigation and Flood Protection Plan, includin_g but not limited to, the following features: ❖ Demonstration that site hazards including flood and liquefaction hazards are miti ated- Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 10 ❖ Minimization/miti_gation of flood hazard shall include the placement of a FEMA- certifiable, vegetated flood protection levee that achieves hazard mitigation goals and is the most protective of coastal resources including wetland and ESHA; ❖ Assurance of the continuance, restoration and enhancement of the wetlands and ESHA. Residential: Residential development, including appurtenant development such as roads and private open space, is not allowed within any wetland, ESHA, or required buffer areas and area designated Open Space- Conservation. Uses consistent with the Open Space-Parks designation'are allowed in the residential area. All development shall assure the continuance of the habitat value and function of preserved and restored wetlands and environmentally sensitive habitat areas within the area designated Open Space-Conservation. Open Space-Conservation: A. Wetlands: Only those uses described in Coastal Element Policy C 6.1.20 shall be allowed within existin_g and restored wetlands. All development shall assure the continuance of the habitat value and function of wetlands. Wetland Buffer Area: A buffer area is required along the perimeter of wetlands to provide a separation between development impacts and habitat areas and to function as transitional habitat. The buffer shall be of sufficient size to ensure the biological integrity and preservation of the wetland the buffer is desi ned to protect Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 11 A minimum buffer width of 100 feet shall be established. Uses allowed within the wetland buffer are limited to: 1) those uses allowed within wetlands per Coastal Element Policy C 6.1.20; 2) a vegetated flood protection levee is a potential allowable use if, due to siting and design constraints, location in the wetland buffer is unavoidable, and the levee is the most protective of coastal resources including wetland and ESHA; 3) No active park uses (e._q. tot lots, playing fields, picnic tables, bike paths, etc.) shall be allowed within 100 feet of wetlands preserved in the ®pen Space Conservation area. B. EnvironmentallV Sensitive Habitat Areas: QnIV uses dependent on the resource shall be allowed. Environmentally Sensitive Habitat Areas (ESHA) Buffer reas: A_variable width buffer area is required along the perimeter of the ESHA and is required to be of sufficient size to ensure the biological integrity and preservation of the ESHA the buffer is designed to protect. A minimum buffer width of 297 to 650 feet shall be established between all residential development or active park use and raptor habitat within the eucalyptus groves. Uses allowed within the ESHA buffer are limited to: 1) uses dependent on the resource; 2) wetland and upland habitat restoration and management; 3) vegetated flood protection levee that is the most protective of coastal resources including wetland and ESHA Adopted Findings: (Approval of LUP with Modifications) _ Huntington Beach LCP Amendment 1-06 (Parkside) Page 12 4) within the northern grove ESHA buffer only— passive park use may be allowed if it is more than 150 feet from the ESHA. but only when it is outside all wetland and wetland buffer areas, and does not include any uses that would be disruptive to the ESHA. Uses allowed within the passive park areas_shall be limited to. a) nature trails and benches for passive recreation, education, and nature study; b) habitat enhancement restoration, creation pnd management. 5) within the southern grove ESHA buffer only-a water quality Natural Treatment System may be allowed so long as it is located in an area that is most protective of coastal resources and at least 246 feet from the ESHA. In addition to the ESHA buffer described above grading shall be prohibited within 500 feet of an occupied raptor nest during the breeding season (considered to be from February 15 through Au_gust 31); nsqntation /e es n//i+•a qd withisa areas de—;--aced Onen Snare nre wrl CC(/A nr�. r •+et �+.+.+e. +e- fiver�r/ ri.. 4ii-e a �s � s .e 4err� efr.rli• s s &C. Habitat Management Plan shall be prepared for aU areas designated Open Space-Conservation which shall include restoration and enhancement of delineated wetlands, wetland and habitat mitigation, and establishment of appropriate buffers from development. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 13 D. Protective Fencing: Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas. SUGGESTED MODIFICATION No. 6 On page IV-C-60 and IV-C-61, under the heading Visual Resources, The Bolsa Chica Mesas, revise to include visual resources within Parkside area as follows: The northwestern side of the Bolsa Chica Ecological Reserve includes bluffs that rise to an upland area known as the Bolsa Chica Mesa. These bluffs are primarily under the County's jurisdiction (only a small part of the bluff lies in the City) but are within the City's Sphere of Influence for potential future annexation. The mesas constitute a significant scenic resource within the City's coastal Zone. The 50 acre site (located west of and adjacent to Graham Street and north of and adjacent to the East Garden Grove 4 Wintersburg Orange County flood Control Channel) known as the "Parkside"site -' affords an excellent opportunity to provide a public vista point. A public vista point in this location would provide excellent public views toward the Bolsa Chica and ocean. Use of the public vista point will be enhanced.with construction of the Class l bike path along the flood control channel and public trails throughout the Parkside site. SUGGESTED MODIFICATION NO. 7 On page IV-C-70 add the following language in the first paragraph under the heading Environmentally Sensitive Habitats, to include reference to the wetland and Eucalyptus ESHA on the Parkside site: _.. The City's Coastal Element identifies Ave three"environmentally sensitive habitat areas"within the City: 1) the Huntington Beach wetland areas, and 2)the California least tern nesting sanctuary, and 3) the wetlands and Eucalyptus ESHA on the Parkside site. (See Figure C-21 for location of No. 1 and 2). The Coastal Element includes policies to protect and enhance environmentally sensitive habitat areas in accordance with the Coastal Act. Also, on page IV-C-72 add the following new section describing the Eucalyptus ESHA and wetlands on the Parkside site, after the paragraph titled California Least Tern Nesting Sanctuary: Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 14 Parkside Eucalyptus ESHA and Wetlands (See Figure C 6a) Historically, this site was part of the extensive Bolsa Chica Wetlands system and was part of the Santa Ana River/Bolsa Chica complex. In the late 1890s the Bolsa Chica Gun Club completed a dam with tide _gates, which eliminated tidal influence, separating fresh water from salt water. In the 1930s, agricultural ditches began to limit fresh water on the site, and in 1959, the East Garden Grove-Wintersburg Flood Control Channel isolated the site hydrolo_gicaHy. Nevertheless, wetland areas remain present at the site. There are existing and previously delineated wetlands, and areas that have been filled without authorization and are capable of being restored. These areas as well as their buffer areas are designated®pen Space- Conservation, and uses allowed within these areas are limited. In addition, on the site's southwestem boundary, at the base of the bluff, is a line of Eucalyptus trees that continues offske to the west. These trees are used by raptors for nesting, roosting, and as a base from which to forage. The trees within this "eucalyptus -grove"within or adjacent to the subject site's western boundary constitute an environmentally sensitive habitat area (ESHA) due to the important ecosystem functions they provide to a suite of raptor species. The Eucalyptus trees along the southern edge of the Bolsa Chica mesa are used for perching, roosting, or nesting by at least 12 of the 17 species of raptors that are known to occur at Bolsa Chica. Although it is known as the "eucalyptus_-grove', it also includes several palm trees and pine trees that are also used by raptors and herons. None of the trees are part of a native plant community. Nevertheless, this eucalyptus _prove has been recognized as ESHA bV multiple agencies since the late 1970's (USFWS, 1979; CDFG 1982, 1985) not because it is part of a native ecosystem; or because the trees in and of themselves warrant protection, but because of the important ecosystem functions it provides. Some of the raptors known to use the grove include the white tailed kite, sharp-shinned hawk, Cooper's hawk, and osprey. Many,of these species are dependent on both the Bolsa Chica wetlands and the nearby upland areas for their food. These Eucalyptus trees were recognized as ESHA bV the Coastal Commission prior to its 2006 certification of this section of this LCP, most recently in the context of the Coastal Commission's approval of the adjacent Bri_ghtwater development(coastal development permit 5-05-020). The Eucalyptus _grove in the northwest corner of the site, although separated from the rest of the trees by a _gap of about 650 feet, provides the same types of ecological functions s as do the rest of the trees bordering the mesa. At least ten species of raptors have been observed in this grove and Cooper's hawks, a California Species of Special Concern, nested there in 2005 and 2006. Due to the important ecosystem functions of providing perching, roosting and nesting opportunities for a variety of raptors, these trees also constitute ESHA. These areas as well as their buffer areas are designated®pen Space-Conservation, and uses allowed within these areas are limited. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 15 The wetlands, Eucalyptus ESHA areas, and buffer areas are designated Open Space-Conservation to assure they are adequately protected. SUGGESTED MODIFICATION NO. 8 Add the following policy to the certified Land Use Plan, on page IV-C-100 as new policy C 1.1.3a: C 1.1.3a The provision of public access and recreation benefits associated with private development(such as but not limited to public access ways, public bike paths, habitat restoration and enhancement, etc.) shall be phased such that the public benefit(s) are in place prior to or concurrent with the-private development but not later than occupation of any of the private development. SUGGESTED MODIFICATION NO. 9 Add the following policy to the certified Land Use Plan, on page IV-C-105 as new policy C 2.4.7: C 2.4.7 The streets of new residential subdivisions between the sea and the first public road shall be constructed and maintained as opeh to the general public for vehicular, bicycle, and pedestrian access. General public parking shall be provided on all streets throughout the entire subdivision. Private entrance gates and private streets shall be prohibited. All public entry controls (e.q. _gates, _gate%quard houses, guards, signa_ge, etc.) and restrictions on use by the_general public (e._g. preferential parking districts, resident-only parking periods/permits, etc.) associated with any streets or parking areas shall be prohibited. SUGGESTED MODIFICATION NO. 10 Modify the following existing LUP Water and Marine Resources policies as follows: C 6.1.6 (modify third and fourth paragraph) The City shall require that new development and redevelopment, as appropriate, employ nonstructural Best Management Practices (BMPs) and structural BMPs designed to Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 16 minimize the volume, velocity and pollutant load of stormwater runoff, prior to runoff discharge into stormwater conveyance systems, receiving waters and/or other sensitive areas. All development shall include effective site design and source control BMPs. When the combination of site design and source control BMPs is not sufficient to protect water quality, structural treatment BMPs along with site design and source control measures shall be required. BMPs should be selected based on efficacy at mitigating pollutants of concern associated with respective development types. To this end, the City shall continue implementation of the Municipal Stormwater National Pollution Discharge Elimination System (NDPES) &tandards pmgr-arn permit(Santa Ana Regional Water Quality Control Board Order No. R8- 2002-0010, dated January 18, 2002, or any amendment to or re-issuance thereof) of which the City is a co-permittee with the County of Orange through the Santa Ana Regional Water Quality Control Board. Per program parameters, continue to require a .Water Quality Management Plan for all applicable new development and redevelopment in the Coastal Zone, ... C 6.1.16 Encourage the Orange County Sanitation District to accept dry weather nuisance flows into the sewer treatment system prior to discharge. New developments shall be designed and constructed to minimize or eliminate drV weather nuisance flows to the maximum extent practicable. C 6.1.25 Require that new development and redevelopment minimize the creation of impervious areas, especiaUV directlV connected impervious areas, and, where feasible, reduce the extent of existing unnecessary impervious areas, and incorporate adequate mitigation to minimize the alteration of natural streams and/or interference with surface water flow. The use of permeable materials for roads, sidewalks and other paved areas shall be incorporated into new development to the maximum extent practicable. Add new policy C 6.1.30 Natural or vegetated treatment systems (e._q. bio-swales, vegetative buffers, constructed or artificial wetlands) that mimic natural drainage patterns are preferred for new developments over mechanical treatment systems or BMPs (e.- . water qualitV treatment plants, storm drain inlet filters). Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 17 SUGGESTED MODIFICATION NO. 11 Add the following policy to the certified Land Use Plan, on page IV-C-123, as new policy C 7.2.7 Any areas that constituted wetlands or ESHA that have been removed, altered, filled or degraded as the result of activities carried out without compliance with Coastal Act requirements shall be protected as required by the policies in this Land Use Plan. III. FINDINGS FOR APPROVAL OF THE LAND USE PLAN AMENDMENT WITH SUGGESTED MODIFICATIONS The following findings support the Commission's action of November 14, 2006 approving Land Use Plan amendment 1-06 if modified as suggested. Changes to the findings contained in the staff recommendation dated November 1,12007 necessary to reflect the Commission's action are indicated as follows: Language added as a result of the Commission's action is shown in bold. italic double underline. Language deleted as a result of the Commission's action is shown in , " The Commission hereby finds and declares as follows: A. Land Use Plan Amendment Description The proposed Local Coastal Program (LCP) amendment is a project-specific amendment designed to make possible a low density residential development up to a maximum 7 dwelling units per acre (dua) on a vacant, approximately 50-acre site comprising two legal lots, most of which is currently in agricultural production. Most of the site is currently uncertified, and the proposed LUP amendment would incorporate those areas into the City's existing LUP and establish land use designations for those areas as well as for the currently certified parts of the site. The geographic area that is the subject of this proposed LUP amendment can be divided into three areas. See Exhibit C4. The largest section is an area of the City that was deferred certification by the Commission at the time the City's Land Use Plan (LUP) was originally certified, in 1982, and that deferral carried through to the eventual LCP certification in 1985. The area of deferred certification (ADC) is approximately 40 acres.' 'The staff report and Commission findings from the 1982 LUP certification are not entirely clear about how much area was deferred certification. However,the City has clearly depicted the area subject to this LCP amendment(through the Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 18 This amendment request proposes to certify this area by bringing it within the City's existing LUP and applying land use designations to the area. Just northwest of the ADC is a 5 acre area that is currently certified (see footnote 1) and designated Open Space-Parks. The City has resubmitted this area for certification with the same designations. Finally, there is a five acre area southwest of the ADC that was under the jurisdiction of the County of Orange until it was annexed by the City in 2004. Like the ADC, the City proposed to certify that area by bringing it within,the broader City LUP, and land use designations are proposed for this area as well. The proposed amendment would allow the majority of the site to be developed with low density residential development, and would also set aside a portion of the site for open space uses including parks and conservation. The amendment does not propose to create any new land use designations that are not already used in the existing LUP. Each of the land use designations proposed already exist within the certified Land Use Plan (LUP). The land use designations that are proposed to be applied at the subject site have been applied elsewhere within the City's certified LUP. However, because the site is an area of deferred certification or was recently annexed, no land use designation has ever been approved by the Commission at the subject site (with the exception of the 5 acre area designated and zoned Open Space Parks). The current zoning of approximately 38 acres of the site is Residential Low Density, which has not been certified by the Commission. Specifically, the amendment request proposes the following land use designations (see exhibit C): Land Acres Use RL - 7 Low Density Residential-Maximum 7 units per acre 38.4 acres OS-P Open Space-Park 8.2 acres OS-C Open Space-Conservation 3.3 acres As stated, the area of deferred certification is forty acres and the former County parcel is five acres. In addition to the 45 acre area, the City has also included in this amendment the five acre area that was not deferred certification. The certified area totals approximately 5 acres and is land use designated and zoned Open Space— Parks. Most of the certified five acre parcel is, slope area and not usable as an active park area. The proposed amendment would retain that land use, and would expand that designation into the formerly deferred area, for a total of 8.2 acres of Open Space — Parks. This five acre segment brings the total size of the subject site to 50 acres (40 acre ADC, 5 acre former County parcel, 5 acre certified area). exhibit to its resolution)and clearly"resubmitted"any portions of that area that may currently be certified. For purposes of this staff report,we refer to the uncertified area as being 40 acres,and the acreage of the other areas subject to this LUP amendment are calculated accordingly. However, if the City does not accept the Commission's certification with suggested modifications,and the current status quo remains,the Commission does not,by these descriptions,take any position on the issue of what area is currently certified and what area is ADC. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 19 Of the approximately 5 acre former County area, 1.7 acres are proposed to become low density residential and 3.3 acres are proposed to become Open Space — Conservation (these figures are included within the totals in the chart above). In addition to establishing land use designations for the subject site, the amendment also proposes text changes to the LUP. The certified LUP includes a section of area-by-area descriptions. In this section of the LUP, the acreage figure is proposed to be changed to reflect the annexation of the former County parcel (from the current 44 acre figure to the proposed 50 acre figure). In addition, language describing the area as vacant and an area of deferred certification is proposed to be replaced with the following language: The Coastal Element land use designation for the vacant 45 acre area next to the East Garden Grove-Wintersburg Flood Control Channel was recently certified as RL-7(Low Density Residential) and OS-P (Open Space —Park). In addition, approximately 5 acres of land was annexed from the County of Orange into the City of Huntington Beach. This area is designated RL-7(Low Density Residential) and OS— C (Open Space— Conservation). The subject area is currently comprised of two parcels: one 45 acre parcel (historic City parcel)and one 5 acre parcel (former County parcel). B. Site Description and History The site address is 17301 Graham Street, Huntington Beach, Orange County. It is bounded by Graham Street to the east, East Garden Grove Wintersburg Flood Control Channel (EGGWFCC)to the south, unincorporated Bolsa Chica area to the west, and existing residential uses to the north (along Kenilworth Drive). The development to the north is located within the City. The land to the north and to the east of the project is located outside the coastal zone. The areas located east of Graham Street, south of the EGGWFCC, and immediately north of the subject site along Kennilworth Drive are all developed with low density residential uses. To the northwest, a multi-family condominium development, Cabo del Mar, exists. To the west of the subject site, are undeveloped properties known as the Goodell property and Signal Landmark property. To the southwest of the subject site lies the Bolsa Chica wetlands restoration area. The 3.3 acre area on the subject site proposed to be land use designated Open Space-Conservation is adjacent to the wetlands restoration area. West of the Goodell property is the site of the recently approved Brightwater development for 349 residential units (coastal development permit 5- 05-020). The Brightwater site, the Goodell property, and the Signal Landmark property are located on the Bolsa Chica mesa. The majority of the subject site has been more or less continuously farmed since at least the 1950s. The majority of the site is roughly flat with elevations ranging from about 0.5 foot below Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 20 mean sea level to approximately 2 feet above mean sea level. The western portion of the site is a bluff that rises to approximately 47 feet above sea level. Also, generally near the mid-point of the southerly property line is a mound with a height of just under ten feet. The EGGWFCC levee at the southern border is approximately 12 feet above mean sea level. Historically, the site was part of the extensive Bolsa Chica Wetlands system. In the southwest corner of the site, on the former County parcel, the City, property owner and Commission are in agreement that an approximately 0.45 acre wetland is present. In the 1980s, as part of the review of the County's proposed LUP for the Bolsa Chica, the Department of Fish and Game (CDFG) in the document titled "Determination of the Status of Bolsa Chica wetlands" (as amended April 16, 1982), identified this area as "severely degraded historic wetland — not presently functioning as wetland", and considered it within the context of the entire Bolsa Chica wetland system. Also, in 1989, the U.S. Environmental Protection Agency (EPA) published its delineation of an approximately 8 acre wetland area in the northwest area of the site, near the base of the bluff. At the time of the EPA delineation, the'area was being farmed. The topography of the agricultural field has been significantly altered since about 1998. As a result, the area delineated by EPA no longer is inundated or saturated for long periods except during exceptionally wet years. Water now tends to inundate an area near the flood control channel (designated "WP") and an area at the base of the western bluff(designated "AP"), both of which were have4een identified as wetlands by the Commission's staff ecologist. However. the Commission found at its November 14. 2007 meeting that the WP is not wet enough Iona enough to.result in the formation of hydric soils and does not exhibit sufficient hydrology that would support a predominance of hvdrophvtes in most years. The City and property owner do not contest designation of the AP as wetland. In addition, on the site's western boundary, generally along the base of the bluff, are two groves of Eucalyptus trees. The trees are used by raptors for nesting, roosting, and as a base from which to forage. At the time the City's LUP was first considered for certification, in 1981, the Commission denied certification, in part because the City proposed low density residential land use designation for the site that is the subject of the present amendment request and the Commission found the site to contain wetlands. The City re-submitted the LUP in 1982, but it made no change to the proposed low density residential land use designation for the subject site. Once again, the Coastal Commission in its action on the City's proposed Land Use Plan, denied the certification for the MWD site (as the subject site was previously known), finding that it did contain wetland resources and that the designation of this parcel was an integral part of the ultimate land use and restoration program for the Bolsa Chica. The Commission findings for denial of the LUP for this area note the importance of this area in relation to the Bolsa Chica LCP. Of the 3.3 acres proposed to be Open Space — Conservation, none is located within the 40 acre area that was deferred certification. The site was being farmed at the time of the Commission's denial of the low Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 21 density residential land use designation for the subject site. A related coastal development permit application had been submitted for the subject site, 5-06-327 Shea Homes, but that application has since been withdrawn similar to prior applications (previously submitted and then withdrawn were application Nos. 5-06-021, 5- 05-256 and 5-03-029 for the same development proposal), as well as an appeal of a City permit for the certified area (A-5-HNB-02-376). The appealed action remains pending, but the applicant waived the deadline for the Commission to act on the appeal. The Commission anticipates acting on the appeal in conjunction with a future permit application. The permit application and appeal request subdivision of the site to accommodate 170 single family residences, construction of the residences and associated infrastructure, preservation of the wetland identified on the former County parcel, and dedication and grading of active public park area. C. LCP History The LCP for the City of Huntington Beach, minus two geographic areas, was effectively certified in March 1985. The two geographic areas that were deferred certification were the bulk of the subject site (known at that time as the MWD site —see footnote 1), and an area inland of Pacific Coast Highway between Beach Boulevard and the Santa Ana River mouth (known as the PCH ADC). The subject site is northeast of the Bolsa Chica LCP area. At the time certification was deferred, the subject area was owned by the Metropolitan Water District (MWD). The site has since been sold by MWD and is currently owned by Shea Homes. Both of the ADCs were deferred certification due to unresolved wetland protection issues. Certification of the subject site was also deferred due to concerns that it might be better utilized for coastal-dependent industrial facilities, since MWD at that time had a "transmission corridor" parcel within the Bolsa Chica Lowlands that it indicated could be used to connect seawater intake facilities located offshore to facilities located on its switchyard parcel in the City of Huntington Beach, through the subject parcel. This is no longer a possibility, since the State has taken over the lowlands, and given the development of the areas surrounding the subject parcel since 1982 (and pending development that has already been approved), this site is no longer appropriate for coastal dependent industry. The PCH ADC was certified by the Commission in 1995. The wetland areas of that former ADC are.land use designated Open Space— Conservation and zoned Coastal Conservation. No portion of the former PCH ADC is part of the current amendment request. A comprehensive update to the City's LUP was certified by the Commission on June 14, 2001 via Huntington Beach LCP amendment 3-99. The City also updated the Implementation Plan by replacing it with the Zoning and Subdivision Ordinance (while retaining existing specific plans for areas located within the Coastal Zone without changes). The updated Implementation Plan was certified by the Coastal Commission in April 1996 via LCP amendment 1-95. Both the LUP update and the IP update maintained Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 22 the subject site as an area of deferred certification. This LCP amendment was originally submitted as LCPA No. 2-02. LCPA 2-02 was subsequently withdrawn and re-submitted as LCPA 1-05. LCPA 1-05 was also withdrawn and re-submitted. The current amendment, LCPA 1-06 is the most recent submittal of the same amendment. No changes have been made to the amendment proposal during any of the withdrawal and re-submittals. The withdrawal and re-submittals were done in order to provide the property owner additional time to prepare and submit additional information regarding the presence of wetlands on-site and the use of the eucalyptus grove by raptors, and to allow Commission staff adequate time to review the additional information. LCPA 1-06 was received on April 13, 2006. On June 13, 2006, the Commission granted an extension of the time limit to act on LCPA No. 1-06 for a period not to exceed one year. The Ratio" on /_/BOA o 4.0-6 2000 On May 1 q 0. 2007_ the Commission voted to deny the subject Land Use Plan amendment. as submitted A motion (j.e. the main motion) was made to approve the Land Use Plan amendment with modifications but upon deliberation. the hearing was continued. The LCPA was subsequently scheduled for Commission action at its July 9-13, 2007 hearing. The LCP amendment origin fly proposed chancres to both the Land Use Plan (L(IP) and the lmplementation Plan (IPl_ On July 3. 2007, the city withdrew the IP portion of the LCPA The Commission recognized the withdrawal of the IP amendment at its July 11, 2007 hearing_ Also at its July 91. 2007 hearing, the Commission postponed action on suggested modifications for the LUP portion of the LCPA. At its November 14, 2007 meeting. the_Commission approved the LUP amendment with suggested modifications. On April 10, 2008, the Commission granted an extension of the time limit for the City to act on suggested modifications to the LCPA. D. Land Use Plan Format The City's certified Land Use Plan includes a section of Goals, Objectives and Policies. These are organized by specific resources, including headings such as Land Use, Shoreline and Coastal Resource Access, and Recreational and Visitor Serving Facilities, among many others. These are the certified policies that apply City—wide within the coastal zone. Another section of the certified LUP is the Technical Synopsis. The Technical Synopsis is an area-by-area description of each segment of the City's coastal zone. This section includes the descriptions of the existing land use designations. It also includes, after a narrative description of the sub-areas, Table C-2. Table C-2 is titled "Community District and Sub-area Schedule" and it provides greater specificity of what is allowed and encouraged within each subdistrict. This greater level of specificity provides a more detailed, site specific description than would be provided if the land use designation or general policies were considered alone. Table C-2 provides language on how general policies and designations would apply to specific sub areas of the coastal zone. Taken all together, these work well as the standard for development in the coastal zone. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 23 The format of the suggested modifications applies this same structure to the,amendment site. Many of the issues addressed by suggested modifications would be required by the general LUP policies, but, consistent with the format of the LUP, the suggested modifications are intended to provide a greater level of detail that applies to the specific circumstances of the subject site. For example, although the City's public access policies may be adequate to require a bike path along the EGGWFCC levee, the LUP format calls the reader's attention to the fact that, at this particular site, a bike path is appropriate and is therefore being required in this amendment. If one were working from the policies alone, some opportunities at certain sites may not be recognized. The LUP's existing format significantly maximizes the protection of resources within the coastal zone. The suggested modifications carry out that same format in order to assure protection of resources at the amendment site. E. Approval of the Land Use Plan Amendment if Modified 1. Incorporation of Findings for Denial of Land Use Plan as Submitted The findings for denial of the Land Use Plan as submitted are incorporated as if fully set forth herein. The Commission denied the LUPA as submitted at the Commission's May 10, 2007 hearing. The findings for denial of the LUPA as submitted that were provided in i the May 2007 recommendation are found in Attachment A, attached to this staff report 0-ho-S r„idsf„n tr. „fiant tha Commis n!sA411 ter/ ti.+ at .. /.Rtor L., rani,. 2. Wetland The proposed amendment includes an Open Space Conservation designation on a 3.3 acre area within the former County parcel. The 3.3 acre area includes an undisputed wetland area (see Td revised exhibit NN). The proposed Conservation designation is appropriate for this area. However, additional wetland areas exist at the subject site that are not proposed to be protected with the Open Space Conservation (OSC) designation and are addressed in the following findings. Wetlands often provide critical habitat, nesting sites, and foraging areas for many species, some of which are threatened or endangered. In addition,wetlands can serve as natural filtering mechanisms to help remove pollutants from storm runoff before the runoff enters into streams and rivers leading to the ocean. Further, wetlands can serve as natural flood retention areas. Another critical reason for preserving, expanding, and enhancing Southern California's remaining wetlands is because of their scarcity. As much as 75% of coastal wetlands in southern California have been lost, and, statewide up to 91% of wetlands have been lost. Section 30121 of the Coastal Act states: Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 24 "Wetland"means lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. The Commission has further specified how wetlands are to be identified through regulations and guidance documents. Section 13577(b)(1) of the Commission's regulations states, in pertinent part: Wetlands shall be defined as land where the water table is at; near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes ... For purposes of this section, the upland limit of a wetland shall be defined as: (A) the boundary between land with predominantly hydrophytic cover and land with predominantly mesophytic or xerophytic cover, (B)the boundary between soil that is predominantly hydric and soil that is predominantly nonhydric, or (C)in the case of wetlands without vegetation or soils, the boundary between land that is flooded or saturated at some time during years of normal precipitation, and land that is not Section 30231 of the Coastal Act states, in pertinent part: The biological productivity and the quality of... wetlands ... appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, ... preventing depletion of ground water supplies and substantial interference with surface water flow, maintaining natural vegetation buffer areas that protect riparian habitats, ... Section 30233(a) of the Coastal Act states: The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and _where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: 1) New or expanded port, energy, and coastal-dependent industrial facilities, including commercial fishing facilities. 2) Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. 3) In open coastal waters, other than wetlands, including streams, estuaries, Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) 5 Page 25 and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities. 4) Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines. 5) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. 6) Restoration purposes. 7) Nature study, aquaculture, or similar resource dependent activities. Section 30250 of the Coastal Act states, in pertinent part: (a) New residential ... development ... shall be located ... where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. In addition, the City's LUP includes Policy C 6.1.20, which limits filling of wetlands to the specific activities outlined in Section 30233 of the Coastal Act. And LUP policy C 7.1.4 states, in pertinent part: "Require that new development contiguous to wetlands or environmentally sensitive habitat areas include buffer zones." The Coastal Commission staff ecologist has reviewed considerable amounts of information regarding the extent of wetlands at the site, much of which are listed in his memorandum which is attached as Exhibit K. The property owner has submitted numerous documents intended to demonstrate that there are no wetlands on site, beyond the wetlands recognized on the former County parcel (i.e. the CP wetlands). Local citizens have submitted documents intended to demonstrate that there are significantly more wetlands on site than that recognized in the CP wetlands. These citizens are concerned by the prospect that development may be allowed to occur within wetlands at the site if the LUP amendment were approved as submitted (and as reflected in the related coastal development permit application 5-06-327, Shea Homes, and appeal A-5-HNB-02-376). In addition, the staff ecologist has reviewed historical information regarding the subject site and surrounding area. All this information has been reviewed by the staff ecologist and is considered in his memoranda attached as Exhibits K, LLL, and QQQ to this staff report and are hereby incorporated into these findings in their entirety. The Commission's Mapping/GIS Program Manager has also reviewed numerous historic and more recent aerial photographs and topographical information. The purpose of the Mapping/GIS Program Manager's review was to identify changes due to landform alterations such as grading and filling, and to attempt to delineate disturbed areas dating from the time the Coastal Commission's jurisdiction began at the project site (1/1 f77). The results of his review are reflected in his memoranda dated 7/2/07 and 10/25/07, attached as exhibits MMM and RRR of this staff report and which are hereby incorporated into these findings in their entirety. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 26 In brief summary, results of the review of the aerial photos and topographic maps indicates that topography has changed on site, particularly in the area delineated by the EPA as wetlands in their 1989 publication (generally in the northwest area of the site). Changes are also identified in the area of the former equestrian facility (generally in the southwestern portion of the site between the CP and WP areas). However, at its November 14, 2007 hearing, the Commission found, based on evidence presented. that no wetlands exist in the WP area. In the aerial photo taken on May 21, 1970, the western extension of Slater Avenue is visible just north of the flood control channel embankment on the subject property. The '1970 photo establishes a pre-Proposition 20, pre-Coastal Act baseline for gauging the extent of land alterations and other changes that occurred later (post Coastal Act, 1/1/77). A clearly distinguishable topographic depression in the area of the EPA wetlands is depicted on topographic maps from 1970, 1980, and 1996. However, by 2005 that depression was no longer present in the same configuration. The lowest area had been displaced to the west abutting the base of the mesa and the historic EPA wetland area had been relatively flattened. In the area of the former equestrian facility, the aerial photos and topographic maps also show disturbance. In the images from 1981 on, fill is evident in the area that was developed as an equestrian facility. It appears that fill first appears in conjunction with establishment of the equestrian facility, with additional fill being placed over the life of the facility. The extent of fill has migrated, primarily to the north, but also, to some extent, to the southwest. w�L-WP and AP Areas 4V96an-d-1s With regard to existing wetlands, based on his review of the available data, the Commission's staff ecologist determined that additional wetland areas exist at the subject site. The Commission's staff ecologist considered first questions of whether additional wetland areas exist at two specific areas of the subject site. The results of the staff ecologist's review regarding the presence of additional wetland at the two specific sites (described below as areas AP and WP)are reflected in his Memorandum, dated 7/27/06, attached as exhibit K to this staff report. For the reasons listed in that memorandum and below, the Commission concurs and adopts its ecologist's conclusions with regard to the .area known as the Agricultural Pond (AP) �. T Two specific areas 4 were evaluated for the presence of additional wetland area. The two sites are referred to as the Wintersburg Pond or WP, which is adjacent to the East Garden Grove Wintersburg Flood Control Channel (EGGWFCC) levee along the southern edge of the site; and the Agricultural Pond or AP, located near the base of the bluff along the western-edge of the property. The proposed LUP amendment would designate these wetland areas Low Density Residential and Open Space-Parks. These land use designations allow grading, and the construction of houses, roads, and active parks, which wcould necessitate the dredging and filling of the wetlands if wetlands are present in these areas. Such uses within wetlands are inconsistent with Section 30233 of the Coastal Act and with LUP Policy C 6.1.20 which limits filling of Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 27 wetlands to the specific activities outlined in Coastal Act Section 30233. The memorandum dated July 27, 2006 from the Commission's staff ecologist states: "The available data suggest that portions of the agricultural field ... are inundated or saturated at a frequency and duration sufficient to support a preponderance of wetland plant species ... Such areas meet the definition of wetlands under the Coastal Act and the Commission's Regulations." There are three factors or"parameters" that are used to determine whether or not a wetland exists: the presence of hydrophytic vegetation, the presence of hydric soils, and the presence of wetland hydrology. The Commission finds an area to be wetland if any one of the three parameters is present. Usually, the presence or absence of hydrophytes or hydric soils is sufficient to determine whether a wetland exists. However,-those.two indicators are not necessary, as they do not actually define a wetland. Rather, an area is defined as a wetland based on whether it is wet enough long enough that it would support either of those two indicators. Therefore, the removal of vegetation by permitted activities does not change a wetland to upland. Section 30121 of the Coastal Act provides the statutory definition of wetlands: "...lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes ..." Section 13577(b)(1) of the California Code of Regulations provides the regulatory definition of wetlands: "... land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes" Thus, the Coastal Act and the Regulations provide that a determination of the presence of wetlands may be made based on whether an area demonstrates the presence of sufficient water to promote hydric soils or to support hydrophytes, whether or not the soils and vegetation are present under existing conditions. Because this area was historically a salt marsh and because the site has been historically farmed and continues to be farmed as of the adoption of these findings, the typically used field indicators cannot be relied upon. The grading and repeated discing and plowing associated with the existing agricultural use destroys hydric soil features and prevents the development of natural vegetation. } _The evidence presented in the ecologist's memo and summarized below-his su that the AP and WP areas are wet enough long enough to "support the growth" of hydophytes. Wme If so, the WP and AP areas would meetf,the definition of wetlands contained in the Commission's regulations. ire The WP and AP would also meets the Coastal Act definition of wetlands if h r # th-0 4 hF"periodically covered in shallow water." However, based on all the evidence presented(including the memoranda prepared by Commission staff, information submitted by the Ci(y, the property owner, the public, and public testimony_) the Commission found that the area of the WP is not wet enough long enough or frequently enough for the development of a preponderance of vdrophytic vegetation or hydric soils. Therefore. the Commission finds that the area known as IMP is not a wetland Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 28 The wetland conclusion is based on two lines of evidence: (1) an examination of the vegetation at a nearby location that is similar in history, physical characteristics, and hydrology to the depressions in the agricultural field,2 and (2) an informed estimate of the frequency and duration of continuous inundation at various sites. Areas WP and AP were matched by the Commission's staff ecologist, with wetland areas on the County parcel that were similar in elevation and topography. Inundation in the agricultural and AP areas and at the reference wetlands was similar in pattern, further suggesting that the latter is a good proxy for the former. Therefore, since the dominant vegetation at the reference areas is mostly comprised of wetland species, it is reasonable to expect that the agricultural area AP would also support a predominance of hydrophytes in the absence of farming (i.e. that#mdLag it is wet enough loner enough and frequently enough to support such vegetation). Although, prior to about 1990, inundation hadn't been apparent in the depression adjacent to the EGGWFCC (VVP area) and inundation occurred there less frequently than in the area of the AP,in recent years, the Commission considered information regarding whether the WP is inundated for long duration following significant rainfall. Weighing the conflicting information submitted the Commission found that the WP was not inundated for long duration followingr significant rainfall. Establishing the extent of wetlands at the site, given its history of farming and disturbance, is not straightforward. The best approach for this site regarding WP and AP known to the Commission at this time is to base the wetland boundary on current conditions as inferred from recent topography and the available photographs of recent inundation. EPA Delineated Wetland (1989) Prior to about 1990, it appears from aerial photographs that significant inundation was generally confined to the area delineated as wetland (just east of the area of the AP) by the EPA in its 1989 publication. Based on analysis of aerial photographs dating from 1958, to 1985, the property owner's biological consultant concluded that inundation in that area tended to have a different footprint in different years and, based on this observation, he 2 In the second to last footnote in Dr. Dixon's memo,he notes that the topography of the reference site is actually similar to that of WP as it existed in 2003,not at present. More recently a box plough was used to fill area WP,which is apparent in 2006 topographic maps. The box plough fill is under investigation by Commission staff as an alleged violation. Accordingly,relying on the topography prior to the alleged violation yields the appropriate comparison. Additionally,the hydrology section of Dr.Dixon's memo states that LSA biologists stated that WP didn't pond until after about 1973. However, if this is due to changes in topography that occurred before 1973,it is again appropriate to focus on the post-1973 topography,as that represents current conditions_ Conditions prior to 1973 may be irrelevant if topographical conditions changed prior to 1973,as such changes were pre-Coastal Act and therefore not Coastal Act violations. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 29 argued that no particular area should be identified as a wetland. However, all his estimated wetland polygons in the western portion of the agricultural field appear to fall within the area delineated by the EPA. in the absence of wetland vegetation, the drawing of wetland boundaries is an approximate exercise based on a small and haphazard collection of aerial photographs or ground observations and estimates of topography. Given the approximate nature of such delineations, it appears the consultant's results are actually additional evidence that the EPA delineation was reasonable at the time it was made. However, it appears that the area of the EPA delineation (8.3 acres)was based on extra-normal site circumstances. As described in the October 25, 2007 memorandum prepared by the Commission's staff ecologist, the 8.3 acre estimate of the wetland size appears to have been based largely on observations made during the period when increased runoff from off-site was temporarily directed onto the subject site_ This appears to have occurred during the construction of the Cabo del Mar condominiums on the adjacent property from sometime after 1978 until sometime before 1986. if one considers the area delineated by EPA under normal conditions (i.e. no excess off site drainage directed on-site), a more likely estimate for the wetland area can be made. Based on the Bilhorn (1987) and EPA (1989)estimates of wetland area during the period of construction of the Cabo del Mar condominiums, estimates of water availability during the period of interest, and the estimated size of ponded areas in available photographs, a reasonable estimate of the average area that ponded is 4.0 acres. The 1987 and 1989 studies by Bilhom and EPA were based on field work done prior to 1987. The October 25, 2007 memorandum is attached to this staff report as exhibit QQQ and is hereby incorporated by reference as though fully set forth herein. As discussed in detail below, the EPA wetland is no longer present. Existing CP Wetland Substantial evidence suggests that the wetland area of the CP is larger than what has been recognized in the LCP amendment submittal. The wetland area recognized by the City and property owner on what is known as the former County parcel totals 0.45 acres. However, additional CP area should be included in the CP wetland acreage. This wetland area was filled without authorization from the Commission. In a letter dated 9/7/82 from the Department of Fish and Game (DFG) to Coastal Commission staff, the DFG determined the area, prior to placement of the unpermitted fill, to be wetlands, and recommended removal of the fill and revegetation (see exhibit BBB). Pursuant to Coastal Development Permit No. 5-82-278, the unpermitted fill was to have been removed and the area revegetated. Based on comparison of topographic (1980) and vegetation maps (Vegetation Communities, Exhibit 26 of the Bolsa Chica Land Use Plan, dated January 1982) created before the unpermitted fill was placed, with topographic maps (1986 and 1982) created subsequent to the time the fill was placed, the elevation of the subject area was increased by at least 2 feet. Because of the unpermitted fill, the pickleweed within the filled area was no longer viable. Development approved pursuant to Coastal Development Permit 5-82- Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 30 278 included removal of the unpermitted fill to an elevation of approximately three inches below the grade of the existing adjacent pickleweed stand [area of the recognized CP wetland] and revegetation of the area with one or more of the following species: pickleweed, spiny rush, frankenia, sea lavender, and shoregrass. However, elevations in the fill area are not consistent with pre-fill elevations. Rather, topographic maps prepared subsequent to the unpermitted fill and subsequent to the issuance of Permit 5-82-278 depict the fill area at an elevation at least two feet above the adjacent CP wetland. This leads to the conclusion that removal of the fill and revegetation never occurred. Were it not for this unpermitted development, the area would have remained wetlands area. Unpermitted development cannot be used as a basis to justify development in areas where, were it not for the unpermitted development, such development would not be allowed. Thus, consideration of appropriate land use designation must consider site conditions as if the unpermitted development had not occurred. Therefore, this area is considered a wetland. As proposed, the amendment would allow land uses like residential and related uses, like roads, within wetland areas. Thus, the proposed land use designation is not consistent with Section 30233 of the Coastal Act. Potential Unpermitted Development Unpermitted development cannot be used as a basis to justify development in areas where, were it not for the unpermitted development, such development would not be consistent with the requirements of the Coastal Act. The site, as has been mentioned, has historically been farmed. Discerning changes in topography on the order of a few feet to fractions of a foot over the course of 30 years and ascertaining that such changes are not due to normal farming activities at a site where farming activities are on-going is problematic. Nevertheless it is important to assure that if wetland areas have been eliminated due to unpermitted activity, that those areas are considered as if the unpermitted activity had not occurred. Thus, if areas that would have met the Commission's definition of a wetland have been altered such that they no longer meet that definition only due to unpermitted activity, that area must be afforded the same protection as would be required had the unpermitted activity not illegally altered the wetlands. It has been suggested that the land alterations in the area of the EPA delineated wetland were the result of"normal farming activity" and so could not be considered unpermitted development in terms of the need for coastal development permit. However, any activities, whether normal farming activities or other, that would result in the fill of wetlands cannot be exempt from the need to obtain approval of a coastal development permit. Regarding "leveling of land as a normal farming activity", a joint EPA and Department of the Army memorandum3 states:"grading activities that would change any area of water of the United States, including wetlands, into dry land is not exempt." Furthermore, Section 323.4(a)(1)(iii)(D) of the Army Corps of Engineers regulations pertaining to discharge of dredged or fill material into the waters of the United States, states that the term plowing a Memorandum:Clean Water Act Section 404 Regulatory Program and Agricultural Activities;United States EPA and United States Department of the Army,May 3; 1990 Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 31 1 "does not include the redistribution of soil, rock, sand or other surficial material in a manner which changes any area of the water of the United States to dry land." The Commission agrees and finds that it a wetland is filled and no coastal development permit has been . obtained, the fill activity constitutes unpermitted development. The Commission makes no determination at this time whether the fill activity constitutes unpermitted development. Reaardless of the precise nature of the long- time farming activity, because the LCPA proposes allowing non-farming uses such as the proposed residential and park uses outside of the modified wetland and buffer area. and requires restoration of a 4.0-acre modified EPA wetland, along with establishment of a 100-foot buffer adjacent. the Commission finds that the modified EPA wetlands is protected as a wetland under the Coastal Act. In a letter dated July 9, 2007 submitted to the Commission at its July 2007 hearing from the California Farm Bureau Federation (see exhibit XXX), raises three issues regarding the LCPA staff report: 1) staffs recommendation relies on an EPA study, but there may no longer be any federal jurisdiction authority based on more recent EPA guidance documents; 2) the subject site's status of"prior converted cropland"; and 3) what constitutes "normal farming activities." Regarding more recent EPA guidance documents the letter states: "In light of new USEPA ` and USACOE memorandums and the Staff Report's reliance on these agencies' findings, there may no longer be any federal jurisdictional authority over the disputed wetlands. In turn, this may alter key conclusions in the staff report." The documents referenced describe procedures to be followed in determining when the EPA/USACE have jurisdiction in implementing the Clean Water Act. The guidance documents assist only in determining when a Section 404 permit is necessary from the EPA and have no bearing on a past wetland delineation and cannot be interpreted as negating a past delineation. Furthermore, one of the referenced documents (Memorandum: Clean Water Act Section 404 Regulatory Programs and Agricultural Activities) states: `For example, if a farmer has been plowing, planting and harvesting in wetlands, he can continue to do so without the need for a Section 404 permit, so long as he does not convert the wetlands to dry land [emphasis added]." Thus, even by the standards cited by the Farm Bureau, farming that converts a wetland to dry land is not exempt from the requirement to obtain Section 404 review. Furthermore, the 1989 EPA wetland delineation assessed the presence of wetlands and found that wetlands did exist at the site. Commission staff have reviewed that study as well as a great deal of other information (as cited in the Commission staff memoranda) and, as is outlined in the staff memoranda, found the EPA wetland delineation valid (with adjustments as described elsewhere). A change in other agencies' guidance documents has no bearing on the results of the earlier wetland delineation. The letter also raises the question of whether the subject site should be considered "prior converted cropland". The Farm Bureau letter states: "Farm Bureau also believes that the Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 32 Coastal Commission should apply and document the site specific facts of this issue against USACOE RGL 90-7 and USEPA's applicable regulations and guidance documents regarding prior converted cropland." The letter further states: "However, attention should be given to the disputed area's present and recent past characteristics and use as prior converted crop land." The letter refers to a November 20, 1998 letter from the Natural Resource Conservation Service designating the subject site as prior converted cropland. That November 20, 1998 Natural Resource Conservation Service letter states that it based its determination that the site is "prior converted cropland" on two factors: 1) the site has been farmed prior to 1985, and, 2),designation of the property as "Prior Converted Cropland" by the Army Corps of Engineers in 1992, review of their designation in 1998 and an independent report from Lisa Kegarice of Tom Dodson and Associates in December of 1997 have determined that this property meets the criteria for Prior Converted Cropland." However, the Commission's staff ecologist's memo dated July 27, 2006 (exhibit K) includes review of the Natural Resource Conservation Service's 1998 letter (among many other documents) and addresses the issue of"prior converted cropland" at length. As described in greater detail in the Commission ecologist's 7/27/06 memo,the decision to dismiss the site from regulation under the Clean Water Act, was based on the faulty work contained in the Kegarice report of 1997 and the fact that errors in that report have been perpetuated without challenge until now. Furthermore, designation of a site as prior converted cropland simply allows on-going farming to continue. The proposed LUP amendment would not continue farming at the site, so that designation, even if it had been { accurately applied, is moot when considering allowing non-farming uses such as the proposed residential and active park uses. Finally, the Farm.Bureau letter questions Commission staffs assessment that activities that have occurred on site are not normal farming activities. On-going farming activities, such as plowing and discing, that are consistent with the continuance of existing wetlands constitute normal farming activities. However, methods, such as grading, that go beyond normal farming activities have occurred on site, resulting in the loss and/or fill of wetlands, and do not constitute normal farming activities. Moreover, members of the public have also presented evidence to suggest that activities that are employed at the site do not constitute normal farming activities. And, they have argued, those activities have, over time, substantially reduced the presence and extent of areas that would otherwise have met the Coastal Act definition of wetland. Such activities include, but may not necessarily be limited to, use of a bulldozer and a box plough to move earth in the area of the agricultural field. The Commission concurs that use of such earth moving equipment, particularly when it results in the fill of wetlands, is not typically associated with normal farming activities. Development, including earth movement on a scale that requires a bulldozer or box plough, in an area of known wetland presence (i.e. 1989 EPA wetland delineation; Commission's 1982 and 1984 actions deferring certification of the site; DFG Study of Wetlands at Bolsa Chica), without an approved coastal development permit onncides may constitute unpermitted development. Also, other non-farming activities have historically occurred on the site. In 1982 the Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 33 Commission approved the above mentioned coastal development permit No. 5-82-278. The approved development was located near the southwest comer of the site, straddling the former City/County boundary(see exhibit BBB). Fill (1,500 to 3,000 cubic yards)for an expanded parking area was explicitly approved as part of that coastal development permit. Evidence shows that only the area of the expanded parking lot that was explicitly described in the approved permit was approved for placement of fill under that coastal development permit approval. If so, any additional fill in the area of the remaining equestrian facility may constitute unpermitted fill. The development described in the application for the coastal development permit requests the following: placement of mobile home as a caretaker facility; additional stable facilities [emphasis added]; grading and fill of a parking facility for approximately 50 cars; removal of fill and revegetation [described previously]; and placement of a fence around the revegetated area. The City's 1981 Conditional Use Permit for the project (CUP No. 81-13) refers to a request to expand [emphasis added] an existing horse facility. The City's CUP staff report states: "The existing [emphasis added] temporary horse stable on the site has been in operation since 1966.„ and "According to the applicant most of the existing [emphasis added] facilities were installed prior to 1977. These characterizations of portions of development existing prior to the Commission's jurisdiction in the area (which began on 1/1/77)were carried over into the Coastal Commission staff report for 5-82-278. However, review of aerial photos indicates that the equestrian facility was not present until 1978, after the Commission's jurisdiction in the area began. Both the City and County of Orange planning staff have reviewed their records for permits for the stable facility that predate 1978, but have found no permits earlier than 19814. Regardless of whether or not any portion of the equestrian facility pre-dates the Coastal Act, review of historic aerial photos and topographic maps indicate subsequent actions at the subject site have resulted in fill beyond the footprint and/or at higher elevations than what was approved under coastal development permit 5-82-278. Any fill placed on the site, other than that specifically approved for the 50 space parking area approved under cdp 5- 82-278, is may be unpermitted. It should be noted that a coastal development permit application was submitted in 1993, 5- 93-376 (Hole in the Wall Stable). The 1993 application requested approval of continued use of the existing equestrian facility (formerly Smokey's Stables). At that time Commission staff determined the request was exempt from the need for a coastal development permit because it simply requested continued use of an existing facility, no construction or grading/fill was proposed (see exhibit DDD). It appears the request was mischaracterized in that the equestrian facilities present in 1993 were larger still than even those requested in 1982. In addition, at the direction of Commission staff, the current property owner submitted a 4 The County approved CUP No.80-92 to permit the establishment of a commercial stable on the County portion of the site on 2/26/81, Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 34 coastal development permit application for discing the site in 1999 (5-99-303, Shea Homes). In response to that application, staff informed the applicant at that time that no permit was needed "based on the property's prior usage for agricultural purposes." (see exhibit NNN). However, staffs determination that no permit was necessary was based on a 1998 letter from CDFG (Exhibit YYY), stating that, based on a consultant's report, no wetlands were present and the likelihood of wetland restoration on site was slim. But that CDFG assessment relied, not on an actual wetland delineation by CDFG, but rather on the flawed analysis contained in a wetlands assessment of the site conducted by Tom Dodson and Associates (Kegarice, 1997)5. Thus, staffs determination that no permit was needed was in error, based on faulty information prepared by others. Furthermore, staffs determination that no permit was necessary was also based on the characterization by the applicant (Shea Homes) that the development requested was discing of the site. The letter from staff indicating no permit was necessary responded only to the request to continue shallow discing of the farmed area. However, the site has been subjected to farming practices that may go beyond what can be considered "normal farming activities" and which were not described as part of the project description in the permit application. Supporting this conclusion are recently documented incidents at the site that include use of a bulldozer and a box plough. In addition, in his memorandum dated 7/2/07 (exhibit MMM), regarding the history of the EPA wetland area, the Commission's Mapping/GIS Program Manager concludes dramatic changes have occurred in this decade. The 7/2/07 memorandum states "Although agriculture has gone on in this area since the 1930's, the elevations have consistently indicated a topographic depression here. Aerial photography shows repeated instances of ponding in the area. In this decade the topography has changed dramatically, with the obliteration of the depression in its original location and the creation of a smaller, narrower depression at the western margin of the agricultural field." However, other than permit 5-82-278 and the two circumstances mentioned above, no other permit history for the site has been discovered. The question of whether development occurred without benefit of an approved coastal development permit is particularly important due to the history of wetlands on site. There is evidence to suggest that areas where topography has been modified may have supported wetlands. if wetlands were present at the time of past development, the Coastal Act requires that those wetlands be protected. Review of historic aerial photos of the site, comparison of various historic and recent topographic maps of the site, photos of earth moving equipment not normally associated with farming activities, and earth moving in the area of previously delineated wetlands (i.e. EPA) also raise significant questions as to whether the site has been altered in ways that would have required a coastal development permit. Construction of the Cabo del Mar condominiums —outside the coastal zone, but adjacent to the subject site —appears to have included development that extended onto the subject s See exhibit K, Memo from the Commission's staff ecologist explaining why that analysis is flawed and does not reflect actual site conditions. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 35 site and thus, within the coastal zone. Prior to the development of the Cabo del Mar condominiums (c. 1983 — 1985), a portion of the runoff from the approximately 22-acre site drained onto the Parkside property and contributed to the hydrology of the wetland mapped by EPA. At some point after the Cabo del Mar construction, the drainage was directed to new drain pipes that were installed across the subject site. Section 30231 of the Coastal Act requires that all wetlands be maintained by preventing substantial interference with surface water flow. Construction of the drainage pipes impacted one source of water that fed the EPA wetland, inconsistent with Section 30231 of the Coastal Act. Such development would have required a coastal development permit from the Coastal Commission. However, no such permit was obtained. Regarding the EPA wetland area, evidence suggests that this wetland relied on surface water rather than groundwater. Any loss of runoff would have a negative effect on the wetland that was historically present in the EPA area and on the wetlands that are currently present. Open Space Conservation Area In summary, in order to be most protective of wetlands, the additional wetland area, beyond what is proposed to be designated Open Space-Conservation, must be recognized and appropriately designated under this LUP amendment. At a minimum, that would include the APZM and expanded CP areas, and portions of the wetland area identified by the EPA in a document published in 1989. Although it is very likely the area between the former equestrian facility and the WP would be considered wetland area now were it not for unpermitted development, that determination cannot be conclusively made. -end area inwr. : e... I6 ^ wr^n d/a.a+ ere. wE 1�^ rI^weMM.f*/ /� �I1i1M Cvwww^ The area delineated by the EPA as wetland totaled approximately 8.3 acres. However, as described in the October 25, 2007 memorandum prepared by the Commission's staff ecologist, the 8.3 acre figure appears to have been based on observations during a period when construction activities on an adjacent property resulted in a temporary direction of excess off-site drainage onto the subject site. Several lines.of evidence suggest that a reasonable estimate for the size of the wetland before and after the construction is about 4:0 acres. Loner-time farming activities resulted in the loss of the 4-acre EPA wetland area_ Section 30233 of the Coastal Act requires that loss of wetlands due to fill must.be mitigated. The Commission typically requires mitigation at a ratio of 4:1 (area of mitigation to wetland area lost). The Commission finds that the kw of 4.0-acre modified EPA wetland " ' must be _ ;restored. However, the activities that resulted in re the loss of the EPA wetland area also contributed to the creation of wetlands in the area of the AR�AP_ Thus, it would be appropriate to U/D 95 Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 36 preserve the area of the AP (0.61 acres) and mitigate the loss of the 4-acre EPA wetland area the restoration of the 4.0-acre modified EPA wetland as delineated by the Staff Ecolocri$t. !A awrwc lr.r.f A - AR awrww wf.rrw Nwnrd arww in hw wrwo4w rd• n Al; wwr^r+ Therefore, in addition to the AP, an additional 44r,44 4 00 acres of restoration on site surrounded by a 900- foot buffer would be required to address the loss of the 4-acre EPA wetland. Thus, area that must be preserved on site includes the AP, l expanded CP areas, modified 4.0 acre EPA wetland a 14a s a u&t9d andi i Go ato , E S H A areas, wetland and ESHA buffer area, Preservation and/or nim restoration of the AP, expanded CP and restored d 4.0-acre EPA wetlands may require supplemental water. iwwf vita to ardwwrrrotw/.r nrwtwwt thw w n:fiwwnt w wtw/ r^w^rrr r.urnwtrwam wf fhw wuhiwwf rw, rF�r Afigm wwifiww(hi the nn Qnw r_7� R _ �R r �=4��Open a^tea® /awnww-nrat:^n rde wtad wr^a -4ro rld/wvtwnd frwm than Oldham wr�f.r I.,_ ihw CGG&4 C C f wm .. ..w:nt east of 41.9 n wanr 151 4 r r fhw IAlD-wrw ar.rr.ww4.thw i ..nd wwwt ^f th^ R ..flr {rrrffwr for the r.^ribar» Crrww/ g n rrw ... The area to be designated Open Space Conservation is depicted on =.4ffi revised Exhibit NN. ere are podwts of A, buffer Rre ara .�twr/frorvmwnf�. that wwrrlyd nr.f rwarr.n.+hl.r hw rdw.rwlwnw.d i rwwiwlwntial wr hwr+w intwrm:nro/wrd wrwar. .rra 4n^.ern to hw 14rw4/wnrdr• in ihw AAth anrd warl.r hw/f wf w 7100 wwntrrr■r anri/thwr rwmai..w .. w/.rwrd �rrwwfiwn w tr. trrhwthwr wwm ll MOM hat wr^w .rr^rr/d hwv^ dalinaiRte J as .rr^E/wnr/ rwwwnf/.r if m^r r/wiw •rr^ri+ r naa mrrnf h. r/^wion..{^rl QC r- 4^ nrninoi nd and Sh^ir rrffi m w//as area nwwwwwanr fifi r r 6nr E rorvinry mifirvafiwn 4hwrw iw �Irt.rw/ ..h/w area .writhin the amp to be dd-s innwf^d 08 /Q r^ that.unfit^ iw m r-f r:afwl.r rlwwi.vnatwrJ ar. /1C !� ri ardwlifiw.. rrhwfa..t:w/wtrirdw r+wr� wrrrvrv^wtw that .+that.are flan.d orwow --d—rd on site n r:wr to .rrhaf w nw-rw in hour^ {.ww-n rmittwrd dq rw/ ant Thw /�wm miwwiw, •ir^e. mifi�.atii.n F r. ^f/anrf imnnwfe� rv^nr+ra//.r w4 a ..fir. F A A I as RA'. iKrafiand arias hwvw...d th-nein &p9VifiVjjf& whwvw an w:fw .riwr^ /rvwt4rr9 f® a r.fi.�:fur wf.+w/.i..r.ud d the . wf/w...d ara 4-- no to hw-prate wt.,rJ-a ens`fe�r^t/ hrrt mifirrafi�n fir E{�.. ..t..ri.a. /w..w p f hw/.if..f a1r. r.l.°l B. Mirwr.l The sm w.rrn f.-rif mvet/a n.d i awf onrl the n w.d i r mif:rvwf:r+n .rr^rrl.d —art nrw nrio fw l.r hw Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 37 7 s,fa ^p 9 n t a^rm Sf F r*L ^ e3*� it• ^sei�^rwe/ LI^•aeew^r___iE i� i rw4s've. 4Lw�land use da—si .nwf:e.na+ w ^v^d ••ndar i6wie . WQ-eJ---i -at Drankid wia •••w{/wnd ree`rr —fin rea 4--m Eiesn fTPiHY _ wne srWOW160nvi � w - The� w. e.� Rppr riw+^ Iwne/■ia^ ^ems' wfi^n fiK esr{^ wccir•r^ ih-i eonesimb wresw it gat 29ida E r w// ranigim d Fi•heri+-.a•es4lwnel cif- emu" r^..,.••r.,^e, ,� d^'..^••eti„r^' The Commission finds that only if modified consistent with the land use designations depicted on e.4th revised exhibit NN, can the proposed LUP amendment be found to be consistent with Sections 30233 and 30231 of the Coastal Act which require protection of wetlands. Moreover, the entire area was originally deferred certification due to the historic presence of wetland on site. In deferring certification originally, the Commission found: North Properties of the Bolsa Chica (Between Wintersburg Channel& base of Bluffs) (MIND Site #1 (virtually identical to the subject site of current LCP amendment]) The LUP designates this site for low density residential uses. No modifications were made in the LUP from the previous denial by the Commission. The Commission found in its "Preliminary Wetlands Determination for the Bolsa Chica Local Coastal Plan, March 11, 1980, that all available'information demonstrated that the vast majority of the Bolsa Chica low lands exhibit all the characteristics set forth for the identification of wetlands pursuant to Section 30121 of the Coastal Act and concluded that the information supported a preliminary determination that areas identified on Exhibit J of the "Preliminary Detenmination" are wetland for the purposes of the Coastal Act. The Commission had also previously found in its denial of the City's LUP that this area contained wetland resources. Since that action and the previous review of the City's LUP, the Commission and staff.have examined additional information conceming the Bolsa Chica wetlands system. As part of the review of the Bolsa Chica LUP the Dept. of Fish and Game in the document "Determination of the Status of Bolsa Chica wetlands (as amended April 16, 1982) identified this area as "severely degraded Historic wetland—Not Presently Functioning as Wetland"and considered it within the context of the entire 6 As indicated in footnote 1,the boundaries of the MWD site at the time of the 1982 staff report were not entirely clear. However,the site clearly covered what is now the 40-acre ADC and may have covered the former County parcel and some of the 5-acre certified area as well. Moreover,it did not extend south of the flood control channel,so the observations recounted here are definitely applicable to the site that is the subject of the current application. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 38 4 Bolsa Chica wetland system. The DFG determined that this area is part of a 1,000 acre degraded wetland system in the area outside State ownership which is capable of being restored. The DFG report noted. "The 440 acres of historic wetland which no longer function viably as wetland consists of approximately 250 acres of roads, and pads, 70 acres of agricultural land[including the subject site], and about 120 acres of viably functioning upland habitat. The roads and fill areas presently function as resting substrate for wetland-associated wildlife, and form narrow ecotones which add to and enhance the diversity of habitat available to wildlife. The 120 acres of upland habitat, considered in union, may be considered environmentally sensitive because of their special role in the Bolsa Chica wetland ecosystem. Were it not for the involvement of dikes, roads and relatively shallow fills, these 440 acres would be viably functioning wetlands. The entire 1,324 acre study area, including 1,292 acres of historic wetland(in which 852 acres still function viably as wetlands[sic]constitutes a fundamentally inseparable wetland system of exceptional value to wildlife." The DFG also discussed potential restoration of these areas and noted that the amount of acreage and location of wetlands to be restored will be dependant on the amount of fill and existing wetlands which could be consolidated to allow some development in the lowlands. Thus, when the Commission originally deferred certification of the subject site, it did so based on the presence of wetlands. The Commission found that the site contained wetlands, even though the wetland functions were impaired, as is the case today. Moreover, farming was on-going at the time certification was deferred. Thus, the area was deferred certification even though the wetlands were impaired and farming was on-going. No change to those conditions have occurred in the intervening years. Thus, one cannot argue today that the site does not contain wetlands due to on-going farming activities or due to the impaired condition of the wetlands. Furthermore, unpermitted activities cannot be used as a basis to say that wetlands no longer exist at the site. In addition, in deferring certification of the site the Commission recognized that the site was an integral part of the overall Bolsa Chica wetland system and could feasibly be restored. If the site were to be restored it would be a valuable addition to the Bolsa Chica wetlands restoration project. Sources to feed a restored wetland at the site would come from rainfall and possibly from the adjacent.EGGWFCC, as well as urban runoff. And perhaps also from re-establishing the site as the location to accept runoff from the Cabo del Mar condominiums. In any case, restoration of the site as a freshwater wetland would be consistent with the historic wetland system which would typically have included a freshwater component, albeit significantly inland of the subject site. The addition of freshwater habitat to the Bolsa Chica wetlands restoration would greatly increase the biodiversity of the overall restoration project. In addition, taken with the preservation of the Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 39 eucalyptus grove, described below, the area would provide significant habitat benefits. In addition to protecting the wetland area itself, it is important to establish buffer areas between the wetland and development. Buffers, by separating development from wetlands, minimize the adverse effects of development on wetlands, thereby avoiding significant adverse effects to resources. Buffers also provide.transitional habitat and upland area necessary for survival of various animal species. The Commission has typically found that a minimum 100-foot buffer, or larger, is necessary to protect wetlands. Without the establishment of a minimum buffer size, projects could be approved with an inadequate buffer,jeopardizing the continuing viability of the wetland. Section 30250 of the Coastal Act requires that new development be located where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. Wetlands constitute a coastal resource. In addition, Section 30231 of the Coastal Act requires that all wetlands be maintained by providing natural vegetation buffer areas. The City's certified LUP includes Policy C 7.1.4, which requires buffers around wetlands. This policy would apply to the subject site, but it allows a lesser buffer area if existing development or site configuration preclude a full 100 feet. In this case, such circumstances do not apply because the site is 50 acres in size and is not constrained by the site configuration or by existing development. A buffer less than 100 feet from all on-site wetlands is not adequately protective of the wetland. The proposed amendment does not recognize all wetland areas present on site and does not provide any.buffer requirements specific to the site. Thus, as proposed, the amendment could result in locating development too close to the wetland, threatening the survival of the resource, inconsistent with Section 30250 which requires that the location of development avoid significant adverse effects on coastal resources such as wetlands and Section 30231 which requires natural vegetation buffer areas. The extent of wetlands on site over the last 30 years, and past activities on the site that may have impacted those wetlands are difficult to determine with certainty. The Commission is charged with protecting wetlands, and limiting uses allowed within wetlands, as well as assuring that any allowable use is the least environmentally damaging alternative and that adequate mitigation is provided. The Commission must also assure that the quality of wetlands is maintained by, among other things, preventing substantial interference with surface water flow. In order to achieve these requirements, the Commission must review the evidence available to it, even when that evidence may conflict or be incomplete, and arrive at a conclusion that is most protective of wetlands. In this case, the Commission, after reviewing available evidence, finds that on balance there is stronger evidence to support the conclusion that there are significantly more wetlands at the site than has been recognized in the LUPA request. At a minimum, the additional wetland area includes the 146%AP, expanded CP, the area delineated by the EPA in 1989 (as adjusted Any wetland delineation prepared for the subject site must recognize that the site is both a `difficult site to delineate' (i.e. an area where conditions make the use of standard field indicators of wetland parameters difficult [e.g. soils formed under hydric conditions Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 40 associated with tidal inundation that is no longer present]) and 'atypical' because human activities (i.e. farming) have resulted in the lack of positive indicators of one or more wetland parameters. The wetland delineation must account for circumstances where indicators are absent or difficult to interpret but other evidence demonstrates that the component(s) recognized by the Commission that comprise a wetland are present or would be present if not for the `difficult' or`atypical' situation. For example, the wetland delineation must recognize and account for circumstances where vegetation indicators cannot be expected; hydric soil indicators may be artifacts of prior conditions; the soil surface is frequently disturbed, which removes indicators of recent inundation; plowing may drastically alter the soil profile; irrigation might confound the interpretation of the presence of recruiting wetland plants and the presence of indicators of recent hydric conditions. Because the site historically has been, more or less continuously farmed, these indicators may be lacking even though the area may be "wet enough, long enough" that wetland features would develop. it is critical that future wetland delineations of the site recognize this protocol and that, consequently, even if the usual wetland indicators are not observable, wetland areas must still be identified if those areas meet Coastal Commission criteria. Wetland delineations must be sufficiently current to represent present site conditions. As proposed, the LUP amendment does not include this clarifying information. Therefore a modification is suggested to specifically incorporate this standard into the site specific section of the LUP. It should be noted that construction of a flood protection levee within the wetland buffer area, provided it is the least environmentally damaging alternative, would not be incompatible with the continuance of the wetland. In order to be the least environmentally damaging alternative, the flood protection levee should be placed outside the buffer wherever possible, and as close.to land designated for residential and/or active park uses as much as possible. According to the related coastal development permit application for the subject site and the project proponent, the type of flood protection levee to be constructed would be a vegetated flood protection feature (VFPF), essentially vegetated earthen berm with an internal sheet pile wall. The VFPF would not be expected to adversely impact the wetland because 1)there would only be temporary construction- related impacts, 2) once constructed, the VFPF would be planted to provide upland habitat that complements the wetland vegetation, and, 3)the VFPF would not require maintenance once constructed, thus intrusions into the buffer would be limited only to those necessary during construction. For these reasons locating a flood protection levee such as the one described above within the wetland buffer would be consistent with Sections 30233 and 30250 of the Coastal Act regarding wetland protection. r rcie rrw rwer-d-Q re rwrw 4h.e4 a rr/w r,4.e 4i.e/ — 4/w.e4 /wn1r /were des irnr+w,4rw rl �lrw ie rw �r+w r.rw rw rw rrwm rye�irw rw did "r+4 .� r+rw iwc-4 �wrrw4/w r.e�/e. rw rirwr 4rw rtre rw ie rr+w i44r+r�/ .e r.4w'a rifler or 4/e.e4 N UnD-arm n'-61ri4er Occur 4/w0 Offigrwina eradia ewr.A 4. I tjg4.-"-- ; /.J6^ rwr+se rw ir9rr�rd —J4 #/ar 4irrerw 4/wrw rwrwe ee4.e/ ri/ree rr+/ sre:,re4 rrse i4 /r'rw:e4i�re ir. rm rireeerrer� /$i he .+rvzss+�r/.�4.wn/a ri4/1ir. 4/wre 06 r/wrna •er4/wrwrr4 .+r/eirerrr+Irr Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) s` Page 41 .,e,ed sr gE dar in edgy en6�we.nd e�r� � a ran Furthermore, Section 30250 of the Coastal Act requires that new development be located where it will not have adverse effects on coastal resources. Wetlands constitute a coastal resource. Section 30231 of the Coastal Act requires that all wetlands be maintained and where feasible restored, by preventing depletion of ground water supplies and substantial interference with surface water flow and by maintaining natural vegetation buffer areas. Based on information submitted With.the related coastal development permit application, a significant amount of earthwork would be necessary to prepare the site for residential development. It is essential that any earthwork undertaken on the site not interfere with the continuance of all on-site wetlands. No grading is allowed within the wetland and its buffer area under the Coastal Act (unless the grading is for the express purpose of wetland restoration). Grading, outside of the wetland, ESHA and necessary buffers, could only be considered if no adverse impacts to the wetlands resulted. If grading redirected groundwater and/or surface water flow such that water from the site no longer fed the wetlands, it would create an adverse effect on the wetland, which is a coastal resource, inconsistent with Sections 30231 and 30250 of the Coastal Act. The proposed amendment does not include any requirements that other site development, including earthwork,.assure that no adverse effect occur to the wetlands. Thus, even if no grading were to occur within the wetlands and buffer areas, adverse impacts to on-site wetlands might result from the LUP amendment as proposed. However, if the amendment is modified to include language that requires the protection of the wetlands from all development on-site, the amendment could be found to be consistent with Section 30250 of the Coastal Act which requires no adverse effects to coastal resources occur. In addition to the modifications suggested above, additional measures must be incorporated into the LUP amendment for the subject site to assure that future development adjacent to the wetland and buffer areas and throughout the site does not adversely impact the wetland. For example, if no restrictions were placed on landscaping throughout the site, invasive plants within the residential areas could invade the wetland areas, potentially displacing the wetland plants. In addition, pets from the residential development, if unrestricted, may enter the wetland area causing disruption. As proposed the LUP amendment does not include any site specific restrictions regarding potential impacts to continuation of the wetland, inconsistent with Section 30250 of the Coastal Act. However if modified to include a prohibition on invasive plants throughout the site, and a requirement for a domestic animal management plan, and fencing along the buffer/development interface, as part of the site specific LUP language, the amendment could be found consistent with Section 30250 of the Coastal Act. Specific suggested modifications to accomplish this are necessary to bring the proposed amendment into conformance with the Coastal Act. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 42 Members of the public have raised concerns that unpermitted development has taken place on the property that is the subject of this amendment, and that such unpermitted development has affected the extent of wetlands on the site. Unpermitted development cannot be used as a basis to justify development in areas where, were it not for the unpermitted development, such development would not be allowed. This is true whether there is a specific policy reflecting this in the LUP or not. In this case, however, the Commission has established the extent of wetlands on the property and a development footprint r rato d svh9n a rdAfoar ent ea is site is considered- - Ra-p ar s-0 thir, .a /ierr+ ffw /� i..a-i.�e1 FnndifiaR#inn nf ifin arr�r �e /in nntidnar that .+ i4 i./i+•+r dLe.wS ne .+r..e idd.. ff 7f eandmons and ar=o� r�/. s�rrw. ss4 rar sW1 ..y. -t4 `a c sirde-a d •+ W dh- The Commission finds that only if modified as su" indicated on staff exhibit NN l4�'Revised) can the proposed land use plan amendment be found to be consistent with and adequate to carry out Sections 30233 and 30250 of the Coastal Act regarding wetlands. 3. Eucalyptus ESHA The subject site contains environmentally sensitive habitat areas (ESHA). The trees within the "eucalyptus grove," within and adjacent to the subject site's western boundary are ESHA due to the important ecosystem functions they provide to a suite of raptor species. Section 30240 requires that ESHA be protected from significant disruption and that only uses dependent upon the resource are allowed within ESHA. In addition, Section 30240 requires development adjacent to ESHA be sited and designed to prevent impacts which would significantly degrade those areas. Section 30240 further requires that development be compatible with the continuance of the habitat area. This policy is carried over into the City's certified LUP ESHA policies. In order to assure the ESHA is not significantly degraded and is protected and remains Viable, in addition to precluding non-resource dependent development within the ESHA, a buffer zone around the ESHA must be established. A buffer zone would require that development adjacent to the ESHA be set back an appropriate distance from the ESHA. The setback is intended to move the development far enough away from the ESHA so as to reduce any impacts that may otherwise accrue from the development upon the ESHA and that would significantly degrade the ESHA or be incompatible with its continuance. The distance between the ESHA and development, the buffer zone, must be.wide enough to assure that the development would not degrade the ESHA and also would be compatible with the continuance of the ESHA. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 43 r The property owner has suggested a "variable width buffer" as a means of protecting the ESHA (see Attachment C, exhibits 1 and 2). A variable width buffer would-be appropriate. The variable width buffer proposed by the property owner would establish a minimum distance of 297 feet between the ESHA and residential or active nark development(note: 100 meters is 328 feet) The variable width buffer proposed by the property owner would establish a maximum buffer distance-" at least 650 feet between the ESHA and residential or active park development.. In some areas of the site. the effective width of the buffer area would substantially exceed 100 meters due to the relative location of the EPA wetland area and buffer and the AP wetland and buffer. The area occupied_by EPA and AP wetlands and their buffers would provide appropriate ESHA buffer in that development with the related noise and activities would not occur within them and also those areas would remain viable as raptor foraging area. The property owner's proposed variable width ESHA buffer includes a water quality Natural Treatment System (NTS) as an allowable use within the ESHA buffer near the southern grove (see Attachment C: exhibits 1 and 2). The NTS as proposed by the property owner is setback a minimum of 246 feet from the ESHA. Portions of a Natural Treatment System (NTS), would be appropriate within the ESHA buffer as Iona as it is located as shown on Attachment C, exhibits 1 and 2. An NTS within the 3 ESHA buffer, subiect to the setback described above: would be acceptable because it would occupy only a very small portion of the overall buffer area. Furthermore, the NTS itself will provide some habitat value The shallow water habitat will increase the variety of habitats within the buffer area. For these reasons, allowing an NTS type system within the outer ESHA buffer as shown on Attachment C, exhibits 1 and 2 would not be expected to degrade the ESHA and would be compatible with its continuance. As proposed by the property owner, the variable width ESHA buffer would prevent development that is not compatible with the continuance of the ESHA from oc urrina in a location where it would disrupt the ESHA and disrupt it. Therefore, the Commission finds the variable width buffer proposed by the property owner will adequately protect the entire ESHA. The buffer should not be measured from mvoporum, It is important to note. however, that the "eucalyptus"ESHA is an area that includes several species of non-native trees that provide important habitat for /arse suite of raptors. These frees are predominantly eucalyptus, but also include pines and palms. Using aerial photographs, staff has drawn the boundaries of the ESHA by connecting the apparent drip lines of the outmost trees. -it has been suggested that this has resulted in including a clump of mvoporum an invasive exotic that probably is not important to raptors. A_ /though, it is appropriate to ignore the mvoporum when drawing the boundary, if other nearby trees are species that provide habitat for raptors, the latter should be included within the ESHA boundary even if that results in some mvoporum being present within the ESHA, s Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 44 wfto 77A faRt gsf/'`�mrt•f;e. A17 AAi+m er..ndys«. Cv1,;1,;* nnnl- I.I�.wii+.ii+r s6.;e r�.�•n14 nrf ve n.wre. 6� -awa bi+osa �{�.an;�.��1-b�.i .+f//1rAN;MN �{a� �►�fi�1��m�rf4 e��4�ne�L &pm b-fl� 'ho .nGfetla9r e..�hw4 fi r.+.i;�1.. r 6.�rter 41....1 (him 9fili ffl A.J..??.9 f�� �A.. e�1�..i.r;1.��; ...�49r. -of As proposed, ESHA area would be land use designated Open Space Parks, which would allow active park uses within the ESHA. In order to assure the ESHA is protected, in addition to precluding development within the ESHA, a buffer zone around the ESHA must be established. As proposed, the LUP amendment designates necessary buffer area Open Space Parks and Low Density Residential. The proposed designations would allow residential and park-uses within the required buffer areas. Residential and park uses Within ESHA and its buffer are inconsistent with Section 30240 of the Coastal Act. The land use designation that protects ESHA by limiting uses within ESHA to those allowed under Section 30240, and that prevents disruption of the habitat is Open Space Conservation. In order to assure that development adjacent to the ESHA does not significantly degrade or impair the continuance of the ESHA, the appropriate land use designation for both the ESHA and its buffer area is Open Space Conservation. Uses allowed within the ESHA buffer for the southern drove are limited to resource dependent uses, habitat restoration. and VFPF(described below). In addition. within the northern grove ESHA buffer passive park use may be allowed if it is located more than 150 feet from the ESHA but the uses within the passive park are -limited to nature trails, benches for passive use, and habitat enhancement. restoration, creation and managoment. Such uses are acceptable within the ESHA buffer because they are compatible with the continuance of the ESHA. It is also worth noting that California gnatcatchers (Polioptila californica californica), a species listed as "threatened" under the Endangered Species Act, are known to frequent the subject site, especially the western portion. Also, Southern tarplant (Centromedia parryi ssp. Australis), a California Native Plant Society"1 b.1" species (seriously endangered in California), also exists at the site. However, the Southern tarplant exists in scattered areas on the site. A focused survey documented the presence of 42 individuals, distributed in 6 locations. The Commission's staff ecologist, in a memo dated 12/19/06 (see exhibit N), concludes that neither the seasonal gnatcatcher foraging habitat nor the Southern tarplant on the subject site meet the Coastal Act definition of ESHA_ Nevertheless, regarding gnatcatcher habitat on-site, the staff ecologist's memo states, "it is worth noting that the areas of marginal habitat where gnatcatchers have been observed R Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 45 are not proposed for development." Regarding the Southern tarplant, the memo states: "In contrast to the habitats on the Bolsa Chica mesa, the scattered areas containing southern tarplant on the Parkside property do not appear to be significant habitat for this species, and it is my opinion that these areas do not meet the definition of ESHA under the Coastal Act. In any case, if the amendment is modified as suggested, the gnatcatcher's habitat and the southern tarplant on site will be retained within the Open Space- Conservation designation. The land use designations within the ESHA must be limited to the designation that allows only those uses dependent upon the ESHA. In addition, the land use designation within the buffer zone must be the designation that allows only those uses compatible with the continuance of the ESHA, and that will not degrade the ESHA. Furthermore, it is important to assure the continuance of the raptor community by reserving adequate foraging area. In fact, the California Department of Fish and Game (CDFG) provided statements to this effect in a letter to the City dated June 15, 1998 commenting on the Draft Environmental Impact Report for the Parkside project (see Exhibit ZZZ). In that letter, CDFG states that "...[a]gricultural areas, grasslands and wetlands are of seasonal importance to several species of raptors in Orange County by providing important, if not vital, staging and wintering habitat. These habitats also provide foraging areas for resident breeding raptors." CDFG goes on the express concern about the loss of raptor foraging areas within the project site and vicinity and the impacts such loss may have on the adjacent Bolsa Chica Ecological Reserve. However, CDFG didn't suggest any specific mitigation for this loss in this letter. The wetland areas, their buffers as well as the ESHA buffers will provide some raptor foraging are has �� lA/ � dh➢.. .wdJ.. w ..I:w.d w4 dh. ar{ i�wd Si w6�.., d A7: wr.�+ i+fdL�., we• "�i. "AMAMe{ d.+ /3a r/.� rr�wd�r//1r�i» C.ww�..� l��.�e.�riwd:..s, a" ,rd d� d.. d{ea Inc As proposed,the LUP amendment would not preserve all ESHA areas or provide required buffers and thus is not consistent with Section 30240 of the Coastal Act. In addition, because the proposed land use designations within and adjacent to ESHA do not limit the uses to those consistent with Section 30240 of the Coastal Act, the proposed LUPA is inconsistent with this Coastal Act requirement to protect ESHA. Therefore the amendment must be denied as proposed. However, if the proposed amendment were modified to land use designate all ESHA and necessary buffer area Open Space-Conservation as depicted on 3"�4t' revised exhibit NN, the amendment would be consistent with Section 30240 of the Coastal Act. The above referenced exhibit depicts all areas on site that are recommended for designation as Open Space-Conservation (OS-C). The recommended OSC area encompasses all known wetland areas on site and necessary buffer RFid miticla&Warea, all ESHA on site and the required buffers pry. By retaining adequate area on site as OS-C, a Residential designation on the remainder of the site could be found compatible with continuance of the ESHA. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 46 area that _ 7 AIA r ;-A hrr r wr F"jtj @tj() f aplqjR, n r 4rwuament sbtstem r w eri.rn 4w Are AIBC WOW, ..rw�+ hww�rrww i{.wrwrr/.J mi rWw h..hif-.4.rn/rr r+wlr r.Jir�rn a r Thq she It should be noted that construction of a flood protection levee within the ESHA buffer, provided it is the least environmentally damaging alternative, would not significantly degrade the ESHA. Alternatives that minimize encroachment into buffer area are preferred. According to the related coastal development permit application for the subject site and the project proponent, the type of flood protection levee to be constructed would be a vegetated flood protection feature (VFPF), essentially a vegetated earthen berm with an internal sheet pile wall. The VFPF would not be expected to degrade the ESHA because 1)there would only be temporary construction-related impacts, 2)once constructed, the VFPF would be planted, thus providing habitat, and, 3)the VFPF would not require maintenance once constructed, thus intrusions into the ESHA buffer due to the VFPF would be limited only to those necessary during construction. For these reasons locating a flood protection levee such as the vegetated flood protection levee described above within the ESHA buffer would be consistent with Section 30240 of the Coastal Act regarding protection of ESHA. The actual design and construction of the flood protection levee would depend on its location. In addition to land use designating all ESHA area and necessary buffer and mitigation areas Open Space-Conservation, additional measures must be incorporated into the LUP amendment for the subject site to assure that future development does not adversely impact the ESHA. For example, fuel modification requirements necessary to protect future development from fire hazard must be addressed to assure habitat values within the ESHA and required buffer areas are not adversely affected. In addition, if no restrictions were placed on landscaping throughout the site, invasive plants within the residential areas could invade the ESHA areas, potentially displacing the ESHA plants. In addition, pets from the residential development, if unrestricted, may enter the ESHA area causing disruption. As proposed, the LUP amendment does not include any site development restrictions intended to eliminate the site development's potential disruptions to the ESHA, inconsistent with Section 30240 of the Coastal Act. However if modified to include a prohibition on invasive plants throughout the site, and a requirement for a domestic animal management plan, and fencing as part of the site specific LUP language, the amendment can be found consistent with Section 30240 of the Coastal Act. Specific suggested modifications to accomplish this are necessary to find the proposed amendment consistent with the Coastal Act. Therefore, the Commission finds that only as modified can the proposed amendment be found to be consistent with Section 30240 of the Coastal Act. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 47 4. Density As proposed the amendment would allow a density of up to 7 dwelling units per acre on approximately 38 acres of the 50 acre site which would yield a maximum of 266 units on the area proposed to be designated residential. However, the related coastal development permit application contemplates just 170 detached single family homes on relatively large lots. The City has proposed a residential land use designation of RL (Residential Low, maximum of 7 units per net acre). However, the City's certified LUP includes a residential land use designation of RM (Residential Medium, from 7 to a maximum of 15 units per net acre). The Commission's suggested modifications necessary to protect coastal resources would reduce the allowable development footprint from the proposed approximately 38 acres to approximately 26.5 acres. If developed at the maximum allowed under RL, a total of 119 units would be the maximum number possible. This would still provide a viable use of the site. However density consistent with the RM designation would also be acceptable within the allowable development footprint. If the RM designation were applied to the site, the maximum total number of units possible would be 255 units, significantly more than the number currently contemplated by the property owner's development plan. Although 255 units are not guaranteed under the RM designation, the ability to establish more units under RM leaves the property owner with greater flexibility in determining the best use of _ its property. F It is worth noting that, although the project site abuts a low density, single family detached residential development to the north (along Kenilworth Drive and Greenleaf Avenue), there are also higher density multi family residential developments adjacent to and nearby the project site. The previously described Cabo del Mar condominium complex is adjacent to the subject site. Immediately to the north and west of Cabo del Mai`are additional multi family residential developments. Thus developing at a higher density at the subject site would not be out of the scale or character of the surrounding development. In addition, Section 30250 of the Coastal Act encourages residential development to be concentrated in areas able to accommodate it. The higher residential density allowed under the RM designation would allow development at the site to be concentrated in the northeast portion of the site, consistent with this Coastal Act requirement. Thus, a modification is suggested which would allow the City, at the time it considers accepting the suggested modifications recommended herein, to apply either the RL or'the RM designation. 5. Water Quality Section 30230 of the Coastal Act requires that marine resources be maintained, enhanced, and where feasible, restored. Section 30231 of the Coastal Act requires that the biological productivity and quality of coastal waters be protected. The City's certified LUP includes policies that reflect the requirements of 30230 and 30231 of the Coastal Act. Development has the potential to adversely impact coastal water quality through the Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 48 removal of native vegetation, increase of impervious surfaces, increase of runoff, erosion, and sedimentation, introduction of pollutants such as petroleum, sediments, metals, cleaning products, pesticides, and other pollutant sources. The 50 acre project site is currently undeveloped, with the exception of farming activities. Under existing conditions, no runoff leaves the site during most rainfall events. However, installation of impervious surfaces and activities associated with residential development and related hardscape represent a potentially significant impact to water quality downstream of the project, which include the Inner and Outer Bolsa Bay, Muted Tidal Pocket wetlands, Huntington Harbour, and Anaheim Bay Wildlife Refuge. These downstream areas are likely to suffer increases in water quality impairment when site development produces greater volumes and velocities of runoff as well as introducing increased pollutant loads. It is important that LUP language for the subject site clearly address potential adverse impacts arising due to post development runoff into the channel and significant water bodies downstream. This is especially true because little or no runoff currently leaves the site during most rainfall events. However, the proposed amendment does not include such language. Without such language the LUP amendment is not consistent with the water quality policies of the Coastal Act. The subject site represents an excellent opportunity to incorporate a natural treatment system, such as a wetland detention system. There are multiple benefits from natural treatment systems such as pollutant removal, groundwater recharge, habitat creation, and aesthetics. Furthermore, maintenance needs are typically more apparent and less frequent with natural/vegetative treatment systems and thus are more likely to remain effective than mechanical systems such as storm drain inserts and the like which can become clogged and otherwise suffer mechanical difficulties. If mechanical treatment control BMPs are not continually maintained they will cease to be effective, and consequently water quality protection would not be maximized. Incorporating a natural treatment system, such as wetland detention pond system is feasible at the site. The site is an appropriate candidate for a natural treatment system because it is a large site unconstrained by existing development, limited lot size or limited by topography. There is plenty of space on the site to accommodate a wetland detention or similar type system while still allowing a reasonable development footprint. Moreover, because little or no drainage currently leaves the site, it is important that development of the site not result in creation of new adverse water quality impacts such as would result from increased runoff leaving the site. In order to achieve the goal of not creating new adverse water quality impacts, all dry weather flow would need to be retained on site to the maximum extent practicable. The best way to accomplish retention of dry weather flow on site typically is some type of natural treatment system. Furthermore, in order to protect water quality year round it is appropriate to impose a standard that any runoff that leaves the site must meet. The generally accepted standard for stormwater runoff is a requirement to treat at least the 85t' percentile storm event,with at least a 24-hour Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 49 detention time. If dry weather runoff cannot be retained on site, it should be treated (e.g., detained for at least 48 hours and where practicable for seven days in a natural treatment system). The current LUP amendment does not require these site-specific water quality measures and standards. Therefore, there is no assurance that water quality will be protected. Consequently the amendment is not consistent with the water quality policies of the Coastal Act and must be denied. In addition, although the existing LUP includes policies that require projects to incorporate water quality BMPs, none of the existing LUP policies express a preference for types of treatment control BMPs. The preferred option for treatment control BMPs.is, first, a natural treatment system (e.g. bio-swales, vegetative buffers, constructed or artificial wetlands), then, second, a combination of natural treatment and mechanical systems or BMPs, and last, use of mechanical treatment systems or BMPs alone (e.g. site-specific water quality treatment plants, storm drain filters and inserts). In addition, application of appropriate site design and source control BMPs reduces the amount of runoff that would need treatment control measures. Thus, site design and source control BMPs should be considered first in order to adequately size any necessary treatment control BMPs. In addition, the LUP does not contain any policy citing a hierarchy of preference for different types of BMPs. Without such an LUP policy, there is no guarantee they will be incorporated into projects when it is feasible to do so. Natural treatment systems, for the reasons described above, provide better water quality protection, among other benefits. Consequently the amendment is not consistent with the water quality policies of the Coastal Act and must be denied. However, if the amendment is modified as suggested to include this in LUP policy language, it would be consistent with the water quality policies of the Coastal Act. The use of permeable materials for paved areas in new developments is a site design and source control measure which can reduce the rate and volume of the first flush of stormwater runoff and can help to minimize or eliminate dry weather flow. The proposed amendment does not include any discussion on the benefits of incorporating permeable materials into the design of future projects. However, if the amendment is modified as suggested to include this in LUP policy language, it would be consistent with the water quality policies of the Coastal Act. In addition, as proposed, the amendment does not include any requirements to minimize or eliminate dry weather flows through the use of site design and source control BMPs. Consequently, adverse water quality impacts due to dry weather flows are not minimized. However, if the amendment were modified as suggested to incorporate policy language addressing this measure, the amendment would be consistent with the water quality policies of the Coastal Act. The current City of Huntington Beach LCP Policy 6.1♦6 (paragraph 4) states that,the City shall continue implementation of the Municipal Non-Point [sic] Source National Pollution Discharge Elimination System (NPDES) standards program which is required by an order Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 50 of the Santa Ana Regional Water Quality Control Board. The policy also states that the City will continue to require a Water Quality Management Plan for all applicable new development and redevelopment in the.Coastal Zone. The Commission finds this policy should be modified to include the correct name and date of the permit and to incorporate this permit by reference into the Local Coastal Program. Updates to the NPDES permit (such as the update expected in 2007) should be submitted to the Executive Director for an LCP amendment. While the Commission recognizes that the City's existing policies address water quality protection and improvement within the City, it also recognizes that there are additional, more specific steps that could.be taken to further protect, restore and/or enhance the water quality of downstream sites (EGGW flood control channel, Bolsa Chica wetlands restoration area, Huntington Harbour, and Anaheim Bay Wildlife Refuge)that will be effected by runoff generated by development of the site. The proposed amendment could not be found consistent with Sections 30230 and 30231 of the Coastal Act, if feasible measures known to positively impact water quality were not included in language specific to the subject site as part of the current amendment proposal. The Commission's standard of review, which requires the preservation, protection, and enhancement of coastal resources including water quality, necessitates that the additional measures, outlined above, be imposed. Thus, the Commission finds that only if modified as suggested is the proposed amendment consistent with Sections 30230 and 30231 of the Coastal Act regarding water quality. 6. Public Access and Recreation Section 30210 of the Coastal Act states: In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. Section 30252 of the Coastal Act states, in pertinent part: The location and amount of new development should maintain and enhance public access to the coast by ... (3) providing nonautomobile circulation within the development, (4) providing adequate parking facilities or providing substitute means of serving the development with public transportation, ... (6) assuring that the recreational needs of new residents will not overload nearby coastal recreation areas by correlating the amount of development with local park acquisition and development plans with the provision of onsite recreational facilities to serve the new development.- Coastal Act Section 30212.5 states: Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 51 Wherever appropriate and feasible, public facilities, including parking areas or facilities,shall be distributed throughout an area so as to mitigate against impacts, social and otherwise, of overcrowding or overuse by the public in any single area. Coastal Act Section 30213 states, in pertinent part: Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. Coastal Act Section 30223 states: Upland areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible. In addition, the City's certified LUP contains the following policies regarding public access: Provide coastal resource access opportunities for the public where feasible and in. accordance with the California Coastal Act requirements. Encourage the use of City and State beaches as a destination point for bicyclists, .pedestrians, shuttle systems and other non-auto oriented transport. Encourage the utilization of easements and/or rights-of-way along flood control channels, public utilities, railroads and streets, wherever practical, for the use of bicycles and/or pedestrian (emphasis added). Maintain existing pedestrian facilities and require new development to provide pedestrian walkways and bicycle routes between developments. Link bicycle routes with pedestrian trails and bus routes to promote an interconnected system. Develop a riding and hiking trail network and support facilities that provide linkages within the Coastal Zone where feasible and appropriate. Balance the supply of parking with the demand for parking. Maintain an adequate supply of parking that supports the present level of demand and allow for the expected increase in private transportation use. Maintain and enhance, where feasible, existing shoreline and coastal resource access sites. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 52 - Promote and provide, where feasible, additional public access, including handicap access, to the shoreline and other coastal resources. Promote public access to coastal wetlands for limited nature study, passive recreation and other low intensity uses that are compatible with the sensitive nature of these areas. Maintain and enhance, where necessary, the coastal resource signing program that identifies public access points, bikeways, recreation areas and vista points throughout the Coastal Zone. Preserve, protect and enhance, where feasible, existing public recreation sites in the Coastal Zone. Ensure that new development and uses provide a variety of recreational facilities for a range of income groups, including low cost facilities and activities. Encourage, where feasible, facilities, programs and services that increase and enhance public recreational opportunities in the Coastal Zone. Promote and support the implementation of the proposed Wintersburg Channel Class /Bikeway. The provision of public access in new development proposals is one of the main tenets of the Coastal Act. This emphasis has been carried over into the City's certified LUP. In certifying the LUP, the Commission recognized, via the approved LUP policies, the importance of including measures such as providing and enhancing public access to the sea and other coastal resources, adequate parking and alternate means of transportation, low cost recreational uses, and public access signage, with new development. The 50-acre site is located in close proximity to the Bolsa Chica wetlands restoration area (see exhibit BBBB). The, Bolsa Chica Wetlands, at approximately 1,000 acres, is the largest remaining wetland in Southern California. Because it is tidally influenced, the Bolsa Chica wetlands constitute "sea" according to the Coastal Act definition (Section 30115). Because there is no public road between the subject site and the Bolsa Chica wetlands, the site is between the sea and the first public road. As such, the area is given special significance with regard to the requirement for the provision of public access. Given the prominence of the adjacent Bolsa Chica wetlands, appropriate public access and passive recreational opportunities must be provided and conspicuously posted. Further, the Coastal Act gives priority to land .uses that provide opportunities for enhanced public access, public recreation and lower cost visitor recreational uses. Beyond the Bolsa Chica wetlands restoration area is the Pacific Ocean and its sandy i public beaches. Thus, public access across the subject site to the Bolsa Chica area Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 53 would, in turn, facilitate public access, via alternate means of transportation (bicycle and pedestrian), to the ocean beach beyond. It is also worth noting that the visitor serving uses available within the Bolsa Chica reserve (such as walking, nature study, or bird watching) are served by only two small parking areas. One located at the Interpretive Center at the corner of Warner Avenue and Pacific Coast Highway, and the second at about the midway point along the reserve's Pacific Coast Highway frontage. There is no public parking available along Pacific Coast Highway adjacent to the reserve. Thus, the benefits of providing alternate forms of transportation to access the area, such as biking or hiking from inland areas, are substantially increased. The lack of adequate parking to serve the reserve area is also a limiting factor in maximizing public use of the reserve's amenities. Assuring that any future streets within the subject site are public and provide public parking is critical to maximizing public access in the area. It is also important to note that the Brightwater residential development, approved by the Coastal Commission under Coastal Development Permit No. 5-05-020 (Brightwater), is located less than one half mile west of the subject site. That development was originally proposed as a private, guard gated community. However, as approved by the Commission the development will be open to general public vehicular and pedestrian I x access, also allowing public parking on all subdivision streets. Also, as approved by the Commission the development will include a public trail along the bluff edge of the development, with public paseos and pocket parks throughout (see exhibit BBBB). The Commission's approval also required public access signage. In approving the Brightwater development the Commission found: "The provision of public access in new development proposals is one of the main tenants[sic]of the Coastal Act, especially in conjunction with new development located between the sea and the first public road, such as the subject project. The 225-acre Bolsa Chica Mesa is located between the first public road and the mean high tide of the sea. At roughly 50 ft. above mean sea level, spectacular views of the wetlands and the associated wildlife and uninterrupted views of the Bolsa Chica State Beach and Pacific Ocean are available from the upper bench of the Bolsa Chica Mesa. Santa Catalina Island is also often visible from the project site. The Bolsa Chica Wetlands at approximately 1,000 acres is the largest remaining wetland in Southern California. Following the 1997 State acquisition of most of the remaining wetlands that were under private ownership, a comprehensive Bolsa Chica wetlands restoration effort is now underway. Given the prominence of the adjacent Bolsa Chica wetlands, appropriate public access and passive recreational opportunities must be provided and conspicuously posted. Further, the Coastal Act gives priority to land uses that provide opportunities for enhanced public access, public recreation and lower cost visitor recreational uses- A trail connection between the,Brightwater trail system and the East Garden Grove Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 54 Wintersburg Flood Control Channel levee trail is also anticipated in the future and shown on the approved public access plan for the Brightwater development. The public access trails of the approved Brightwater project link to the trail system along the Bolsa Chica wetlands and beyond. These trails, in addition to providing recreational opportunities also provide significant opportunities for nature study and views of the wetlands and ocean beyond. The Bolsa Chica Ecological Reserve public trail system is a public access resource of regional significance. Members of the general public come from throughout the entire County of Orange and beyond to bird watch, hike, or bike the trail system. As the largest remaining wetland in Southern California, the public trail system leading to and within the Bolsa Chica area constitutes a resource of statewide significance. Further, Bolsa Chica State Beach, located across Pacific Coast Highway from the Bolsa Chica wetland area, can be accessed via this trail system. The proposed LUP amendment contains no language to assure public access will be provided throughout the site in conjunction with future site development. Although the certified LUP includes (as listed above) strong public access policies, the proposed LUP amendment does not include any public access language specifically addressing public access needs appropriate for the site, taking into consideration the recreational needs of both the new residents and other users of the adjacent public recreational resources. Specifically identifying the necessity of these provisions in the LUP is especially important at the subject site due to its unique position to link with and expand the very significant rfi J public trail systems within the Bolsa Chica Ecological Reserve, the Brightwater development, and the public beaches beyond. In order to assure that access is maximized at the time of future site development, specific language addressing access in the site specific section of the LUP is necessary. As proposed, no such language is included in the LUP amendment. Some specific methods for assuring the provision of public access at the subject site are described further below. a) Bicycle Path The subject site is immediately adjacent to the north levee of the East Garden Grove Wintersburg Flood Control Channel (EGGWFCC). The County's Commuter Bikeways Strategic Plan (the regional bikeways plan for Orange County) identifies a Class I bikeway along the flood control channel. This is also reflected in the City's certified LUP. Figure C- 14, Trails and Bikeways Map in the certified LUP identifies a proposed bikeway along the EGGWFCC adjacent to the site. A letter from the County's Public Facilities & Resources Department dated January 8, 1998 (exhibit J) states: "Regarding the City's proposal to continue the Class I bikeway northerly along the Wintersburg Channel to Graham Street: The County supports this. It would provide an excellent bikeway connection between the City's road system and the off-road wetlands perimeter route. (We suggest referring to this entire route—between Graham Street and PCH —as the Bolsa-Chica Bikeway)." b In addition, a letter from the County's Public Facilities & Resources Department, dated Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 55 February 13, 1998 (exhibit J) commenting on a proposed tentative tract map for the subject site, states: "A bicycle trail along the CO5 (East Garden Grove-Wintersburg Channel] north levee maintenance road will be required." A bike route in this area would provide substantial public access benefits. It is encouraged in existing LUP policies. It would provide a connection between existing inland routes and the Bolsa Chica area and is expected to be extended in the future along the remainder of the EGGWFCC levee adjacent to the Bolsa Chica Restoration area. When such an extension occurs (as is anticipated in the City's LUP and by the County Public Facilities & Resources Department), the bike route would eventually link to the coast. An off road bicycle path already exists along the entire length of the City's ocean fronting beach. A bike path at the subject site and along the remainder of the EGGWFCC would provide a new connection,from inland bicycle paths to this coastal path. Not only would such a bicycle path provide substantial public recreational benefits, but it would also improve public access opportunities by providing alternate means of transportation to get to the coast and to the trails within the Bolsa Chica area. The City and the County have both indicated that a bicycle path in this location is desirable and appropriate. However, the. proposed LUP amendment does not include any language specific to this site assuring that implementation of the bicycle trail will occur prior to or concurrent with site development. Current LUP policy merely states "promote" and "encourage"the bicycle path's implementation. Therefore there is no assurance that it will be built in a timely manner, or perhaps that it will be built at all. Thus, the amendment as proposed cannot be found to be consistent with Sections 30210, 30213 and 30252 of the Coastal Act regarding maximizing public access. b) Public Streets and Parking In addition, if the residential development that the proposed land use designation would allow were to be a private and/or gated development, public access would not be maximized or enhanced, inconsistent with Sections 30210, 30212.5, 30223 and 30252 of the Coastal Act. All public entry controls such as gates, gate/guard houses or other guarded entry, signage that discourages access and any other restrictions on the general public's entry by and use of any streets or parking areas (e.g. private streets, preferential parking districts, resident-only parking periods/permits, etc.)would constrain the public's ability to access the area proposed as public park as well as the public's ability to access the public bike path along the EGGWFCC levee. In turn, public access to the Bolsa Chica area and ocean beyond would also not be provided. As stated previously, the site is between the first public road and the sea (in this case the Bolsa Chica wetlands). The provision of public parking within the area would allow visitors to begin a bike ride or walk along the levee, through the Bolsa Chica area, and on to the ocean front. Public streets s and public.parking-within the residential area would not only support public recreational use in the vicinity of the subject site but also allow visitors from beyond the immediate vicinity to use the park area, and public recreational and open space resources in the Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 56 Bolsa Chica area. In addition, ungated public streets would facilitate the use of interior public trails within the development. Interior trails would further maximize, support and enhance public access opportunities. Public trails could be established leading from Graham Street to the outer edge of the area recommended to be designated Open Space conservation, and from within the development back onto the bike way along the north levee of the EGGWFCC. Establishing such trails would provide an excellent public access experience consistent with the requirements of Sections 30210, 30212.5, 30213, 30223 and 30252 to maximize and enhance lower cost public recreational and public access opportunity with new development and assure adequate support facilities are provided. The provision of interior trails within a future development at the site would be especially consistent with Section 30252's requirement that non-automobile circulation be provided within the new development. In order to assure that this aspect of public access (the provision of public parking within an ungated residential area with public streets and interior trails)is provided at the time the site is developed, language reflecting this must be incorporated into the LUP. However, no such language is proposed as part of the LUP amendment. Thus the amendment cannot be found to be consistent with Sections 30210, 30212.5, 30213, 30223 and 30252 of the Coastal Act regarding maximizing and enhancing public access. c) Provision of Recreation and.Public Access Benefits Residential development of the subject site that would occur pursuant to the proposed amendment would have adverse impacts on public access and recreation unless the above described measures are incorporated into the design of a future project. In order to assure maximum public benefit, the public recreation and access measures would need to be provided in a timely manner. However, nothing in the proposed amendment or in the City's LUP currently requires that lower priority developments (such as residential) be phased to assure the provision of those uses that are a higher priority under the Coastal Act (such as public trails, parks, and parking) occur prior to or concurrent with the lower priority development. Without such a phasing requirement, it is difficult to assure that necessary public benefits would occur in a timely manner,or possibly even at all. Thus, as proposed, the amendment is inconsistent with Sections 30210, 30212.5, 30213 and 30252 of the Coastal Act regarding maximizing and enhancing public recreation and access. Coastal Act Section 30210 requires that public coastal access be maximized_ Coastal Act Section 30252 requires that public access be maintained and enhanced through the .provision of nonautomobile circulation within the development, adequate parking, and adequate recreational opportunities. These requirements are carried over and re- emphasized in the City's Land Use Plan public access policies. As proposed the LUP amendment would allow significant residential development to occur with no corresponding _ requirement for public access specific to the site. The site is located between the sea and the first public road. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 57 Although a portion of the site is proposed to be designated park, nothing in the proposed amendment would assure that it would be available to the general public via public streets and trails. The certified LUP identifies a Class l bicycle path along the flood control channel levee at the subject site. However, the proposed amendment makes no reference to the suitability of,a bicycle path at the subject site. If a future residential development at the site included gates or private streets, a significant public access opportunity would be lost. In addition, public parking in the area would increase public access opportunities to public resources including the park area, the bicycle path, the public trails of the Brightwater development and to the Bolsa Chica area beyond, as well as, ultimately, to the coast. However, there is nothing in the LUP amendment that would require the residential streets to be open-and available to the public. Nor is there any requirement for interior trail connections between Graham Street, any future public park areas, and the bicycle path to areas within the development and beyond. In addition, nothing in the proposed amendment or in the City's LUP requires that lower priority developments (such as residential) be phased to assure provision of associated recreation and public access (such as public trails, parks, and parking) occur prior to or concurrent with the lower priority development. Without such a phasing requirement, it is difficult to assure that Coastal Act .high priority uses would occur in a timely manner, or possibly even at all. However, the proposed amendment could be modified such that site specific language in the LUP include reference to the Class I bicycle path along the flood control channel levee, interior trail connections, public parking and access on residential streets. This would allow direct public access throughout the site, the public trails within the Brightwater - development and the Bolsa Chica area and to the beach beyond. Furthermore, the proposed amendment could be modified to incorporate a policy requiring phasing of recreation and public access uses prior to or concurrent with lower priority uses. Modifications to accomplish these goals would bring the proposed amendment into conformity with Coastal Act Sections 30210, 30212.5, 30213, 30223 and 30252 which require that public access and recreation be maximized and enhanced. Therefore, the Commission finds that only if modified as suggested is the proposed amendment consistent with Sections 30210 and 30252 of the Coastal Act. 7. Visual Resources Section 30251 of the Coastal Act requires that the scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. The subject site offers the opportunity to provide public views from the site to the Bolsa Chica wetlands area and toward the ocean beyond. The VFPS would provide an excellent opportunity to provide public views to and along the coast and scenic areas, as required by Section 30251. However, the proposed LUP amendment does not include any discussion regarding provision of public view points in association with development of the site. Future residential development of the site is expected to include a wall separating residential development adjacent to the flood control levee from the anticipated public Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 58 bicycle path along the top of the levee. If such a wall is proposed in the future, it could create adverse impacts to public views along the bicycle path. However, adverse impacts could be minimized by incorporating measures such as open fencing/wall, landscaped screening, use of an undulating or off-set wall footprint, or decorative wall features (such as artistic imprints, etc.), or a combination of these measures. In addition, any such wall should be located upon the private property for which it is intended to provide privacy. The proposed amendment does not provide language to address site specific visual impacts and does not assure that potential visual resources will be protected at the time the site is proposed for development. Therefore the proposed amendment is inconsistent with Section 30252 of the Coastal Act regarding protection of visual resources within the coastal zone and must be denied. However, if the amendment were modified to incorporate measures specific to the site that protect and enhance public views, the amendment would be consistent with Section 30252 of the Coastal Act regarding protection of public views. 8. Archaeological Resources Coastal Act Section 30244 requires that any impacts to significant archaeological resources be reasonably mitigated. The City's certified LUP includes policies which require, among other things, identification of resources and mitigation of any impacts. Significant archaeological resources are known to exist in the project vicinity, and may .. occur on the subject site. However, the proposed LUP amendment does not include a specific requirement to avoid and/or mitigate archaeological impacts, even though the site is known to be in a potentially significant archaeological area. Without a cross reference in the site specific area discussion of the proposed LUP amendment to the archaeological policies in the LUP, there is no assurance that the potential for archaeological resources to occur on the site will be recognized in conjunction with future development proposals. If the potential for archaeological resources at the site is not recognized in the proposed LUP amendment for the site, application of the policies cited above may be overlooked. The proposed LUP amendment, which specifically addresses the subject site, provides the appropriate 'opportunity to make clear that archaeological resources may be present on this site, and therefore these specific policies must be applied. If the amendment were modified to include a cross reference to the archaeological policies of the LUP, adverse impacts may be avoided and reasonable mitigation for unavoidable impacts could be implemented in conjunction with future site development, consistent with Section 30244 of the Coastal Act. Therefore, the Commission finds that only if modified as suggested, is the proposed amendment consistent with Section 30244 of the Coastal Act which requires that reasonable mitigation be required for adverse impacts to archaeological resources. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 59 1} 9. Hazards Coastal Act Section 30253 state, in pertinent part:. New Development shall: (2) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. (3) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. The proposed LUP amendment would designate much of the subject site for residential development land use. The Commission's staff geologist has reviewed a great deal of technical information submitted in conjunction with the proposed LUP amendment and related coastal development permit application. Potential.geotechnical and hydrological issues are identified in the staff geologist's memo. The staff geologist's memo is attached as exhibit I, and is hereby incorporated by reference as if fully set forth herein. Residential development of the site carries with it certain risks. Although information submitted relative to the related coastal development permit application indicates there are feasible mitigation measures available to minimize the level of risk involved with site development, there is no specific requirement in the proposed amendment to assure that measures necessary for risk reduction would be incorporated into future site development. Without such requirements in the amendment, there is no assurance that risks will be minimized as required by.Section 30253 of the Coastal Act. However, if the amendment were modified to include such a requirement, it would be consistent with Section 30253 of the Coastal Act. The subject site and much of the surrounding area are susceptible to tidal.flooding. Tidal flooding could occur when extreme high tides occur concurrently with storm surge events. According to some studies;the existing tidal flooding risk was increased with the opening of the ocean inlet into the Bolsa Chica Restoration area. Regardless of the cause of the flooding, high tides and storm surge will create tidal flooding. The worst case scenario would occur when high tide and storm surge occurs during failure of the levees of the lower reaches of the East Garden Grove Wintersburg Flood Control Channel (EGGWFCC) (which is possible as the levees are not FEMA certified). Under any of these scenarios, up to 170 acres of inland developed area would be flooded. Consequently, contemplation of any development of the subject site must address this flooding issue. With or without development of the subject site, the inland 170 acres of existing development must be protected from flood hazard. The path the tidal flooding would follow unavoidably crosses the subject site. The only way to adequately insure protection of the a Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 60 inland 170 acres of existing development is to install a flood protection levee (a.k.a. VFPF) on the subject site or to the southwest of the subject site within the Bolsa Chica "Pocket Wetlands" between the EGGWFCC and the Bolsa Chica mesa. Protection of the inland 170 acres would also protect the 50 acre subject site from flooding. The property owner has indicated, in documents submitted with the related coastal development permit application, that a vegetated flood protection feature (VFPF) is proposed. The EGGWFCC is approximately 11 feet above sea level and the bluff at the western site boundary raises some 40 feet above sea level. A flood protection levee at this site could effectively capture tidal floods if it is constructed to an elevation above the expected flood flow. The existing EGGWFCC levee in the area adjacent to the subject site is expected to be reconstructed to meet FEMA certification standards and would have an elevation of 11 feet above sea level (the existing levee's elevation is also 11 feet above sea level). If a flood protection levee were constructed to the same elevation, flood waters would be prevented from flooding the subject site as well as the additional 170 inland acres. With or without development of the proposed site, some form of flood protection is necessary to minimize risks to life and property in areas of high flood hazard and to assure stability and structural integrity, and not contribute significantly to destruction of the surrounding area. As it happens, the subject site provides the optimum location for the flood protection levee necessary to minimize risk to life and property in the 170 developed acres inland of the subject site. Construction of some type of flood protection levee would be necessary with development of the subject site. However, such a feature would be necessary even without site development. The flood protection levee, expected to be constructed as an earthen levee with an internal sheet pile wall, would serve an important function. Without construction of the flood protection levee, even with reconstruction of the north levee of the EGGWFCC along the subject site, flooding of 170 inland acres (including the subject site)would result, during either a tidal surge or a levee failure downstream of the subject site. The 170 acre inland area is developed with approximately 800 homes. Floodwater depth in some homes, it is estimated, would be at least two feet. However, construction of a flood protection levee on the site would be adequate to assure structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area. In addition, construction of the flood protection levee would minimize risks to life and property from flood hazard. In order for the flood protection levee to function effectively, it would have to be placed within the site's necessary buffer areas. However, as described previously, a flood protection levee in the ESHA or wetland buffer area may be an allowable use within a buffer provided it is the least environmentally damaging feasible alternative. Furthermore, the construction of the flood protection levee may eliminate the need for the flood control levee downstream of the flood wall. If the flood control levee downstream of the flood wall is not reconstructed, potential impacts to wetlands in the CP wetland area can be avoided. The appropriateness of reconstructing the downstream levee area will be Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 61 considered when the related coastal development permit is processed. It should be noted that an emergency coastal development permit was issued to the County of Orange to install sheet pile within the north levee of the flood control channel adjacent to the subject site. However, the County has indicated it is willing to consider alternatives that limit changes to the levee downstream if such an alternative is deemed feasible and environmentally desirable. Construction methods proposed by the County to install the sheetpiles will not involve any wetland fill. Impacts to coastal resources may occur which will be addressed in the follow-up permit. The question of whether the bluff along the western edge of the property should be considered a "coastal bluff' has been raised. The Commission's staff geologist has evaluated the bluffs status. The staff geologist's evaluation is contained in a memorandum attached as exhibit P. The subject bluff was carved by the ancestral Santa Ana river as it meandered across the Bolsa Chica lowlands. Assertions have been made that the bluff was subject to marine erosion within the past 200 years based on an 1873 T- sheet that shows tidal channels adjacent to the toe of the bluff. The staff geologist's response to these assertions is: "I concur that there is strong evidence that there were tidal wetlands in the Bolsa Chica lowlands prior to dike construction in the early twentieth century, but tidal wetlands generally are not the site of extensive marine erosion. Indeed, they are commonly depositional, not erosional, and serve as an efficient buffer from marine erosion." The staff geologist concludes: "In summary, I believe that the bluff at the Shea Home property is best described as a river bluff and is not a coastal bluff in a genetic or geomorphic sense." Thus, the Commission finds that the bluff on the subject site is not a "coastal bluff." For the reasons described above, the Commission finds that only if modified can the proposed amendment be found to be consistent with Section 30253 of.the Coastal Act which requires that risks to life and property be minimized and that development assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic.instability, or destruction of the site or surrounding area. 10. Priority of Use Section 30222 of the Coastal Act states: The use of private lands suitable for visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial development, but not over agriculture or coastal-dependent industry. The LUP amendment does not propose to designate any portion of the site visitor serving commercial. Generally, in the City of Huntington.Beach, the areas recognized as best for visitor serving commercial development are the areas along Pacific Coast Highway, and adjacent to and inland of the pier, and areas within and around Huntington Harbour. The subject site is surrounded on three sides by existing single family residences, and does not Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 62 _ lend itself to visitor serving commercial development. Moreover, the LUP amendment as proposed and as amended will provide a Class I bicycle path, a public view area, public park area, and interior trails as well as public parking along the residential streets. Such .uses constitute lower cost visitor serving recreational uses. As modified the recreational and public access provisions will be constructed prior to or concurrent with,the residential uses. Therefore, the Commission finds that the proposed LUP amendment is consistent with Sections 30213 and 30222 of the Coastal Act which requires visitor serving commercial recreational facilities have priority over residential development and encourages provision of lower cost public recreational facilities. 11. Conclusion As proposed, the Land Use Plan amendment contains significant deficiencies with regard to consistency with the Coastal Act. As proposed, the amendment cannot be found consistent with Sections 30210 and 30252 regarding maximizing and enhancing public access, 30251 regarding protection of public views, 30233 and 30250 regarding wetlands, 30240 regarding ESHA, 30244 regarding archaeological resources, and 30230 and 30231 regarding water quality of the Coastal Act. However, if the proposed amendment were modified as suggested in Section 11 of this staff report, the amendment would be consistent with the Chapter 3 policies of the Coastal Act. Therefore, the Commission finds that only if modified is the proposed amendment consistent with the Chapter 3 policies of the Coastal y Act. IV. CALIFORNIA ENVIRONMENTAL QUALITY ACT Section 21080.9 of the California Public Resources Code—within the California Environmental Quality Act (CEQA) - exempts local governments from the requirement of preparing an environmental impact report (EIR) in connection with its activities and approvals necessary for the preparation and adoption of a local coastal program (LCP). Instead, the CEQA responsibilities are assigned to the Coastal Commission. However,the Commission's LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. Thus, under Section 21080.5 of CEQA, the Commission is relieved of the responsibility to prepare an EIR for each LCP. Nevertheless, the Commission is required in approving an LCP submittal to find that the LCP does conform with the provisions of CEQA, including the requirement in CEQA section 21080.5(d)(2)(A) that the amended 1P LUP will not be approved or adopted as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. 14 C.C.R. Sections 13542(a), 13540(f), and 13555(b). The City of Huntington Beach LCP amendment 1-06 consists of an amendment to both the Land Use Plan (LUP) off,g@!the ,,, Cation nhl,, m As outlined in this staff report, the LUP amendment is not consistent with the Chapter 3 1.. ` Adopted Findings: (Approval of LUP with Modifications) v Huntington Beach LCP Amendment 1-06 (Parkside) Page 63 polices of the Coastal Act regarding public access and recreation, wetland, ESHA, marine resources, and land resources, as proposed. A~-d a'^^ aS^ut—finad :n Eti:n i— /O .e.sa^.e.J.e..a"I :g '..te"t 444th Ede^ Lei noli.i„s oftha eadiflad I and Uj;^ Man a However, if modified as suggested, the amendment will be consistent with the public access and recreation, wetland, ESHA, marine resource, and land resource policies of the Coastal Act andAho Thus, the Commission finds that the proposed LUP amendment, as modified, meets the requirements of and conforms with the Chapter 3 policies of the Coastal Act. " " " Therefore, the Commission finds that approval of the WR MUP amendment as modified will not result in significant adverse environmental impacts under the meaning of CEQA. Therefore, the Commission certifies WP LUP amendment request 1-06 if modified as suggested herein. ' HNB LCPA 1-06 Parkside AdptdF 5.08 my F i ATTACHMENT # 13 i � I i 3 g r i �n.<y. t a 1� 4 t•�3`a �i' 1't-� 5 l8 � N �'�i v� ,�'q r� ), st a rr rr C � Z - L1 a 'oc 1 � a a{�7 a 1 Cl6�hFsr h w m GFp x 4 O � s rl �D�a3Mr�� ap r k �'�tF �1OY3 N N � �`' �� � , � �. �£;: rfk 4';•%fi �e ,,.,�+x) a' �Y � y. sa �t t � '. Y f u& w�� > t r" ✓, iy"�3'�r l 3i rall, r c s! y Yt l f� r �f{, � r F a'pa ,�i_�. AM [] n ICJy 'r aM1C +'1 i *' Vi V4 ,w zxfi S a u �r tns � �+Lk )`,a9 Cif ° � � � 'r' rFr�1 f � ��+n' ��, � � �a r�+MI tr Srr� � 1top psytoo —3 d {r dlarc C, �i�'a A y p m �khc �5 r'pr `""�� .c R-,'6 O uwl)a AS 14 r;r gti�5" ,}'t4H FIGURE'} rFa� M1o1Krya`,va"y ' y^ °, t< r - COASTAL ELEMENT COMMITNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued) Subarea Characteristic Standards.and Principles 4I Permitted Uses Category: Residential High("RH") Atlanta-First Multi-family residential, parks and other recreational amenities, schools,and mono (Lake)Street open spaces. Density/Intensity Category: "-30" • Height: four(4)stories Design and Category: Specific Plan("-sp") Development • Requires the preparation and conformance to a specific or master plan. • Establish a cohesive, integrated residential development in accordance with the policies and principles stipulated for "New Residential Subdivisions"(Policies LU 9.3.1-9.3.4). • Allow for the clustering of mixed density residential units and integrated commercial sites. • Require variation in building heights from two (2)to four(4) stories to promote visual interest and ensure compatibility with surrounding land uses. 4J Permitted Uses Category: Shoreline("OS-S") Beach • Coastal and recreational uses. Design and In accordance with Policy LU 14.1.3. Development 4K Permitted Uses Categories: Residential ("RL" or "RM") and Open Space-Conservation (Cont.on next ("OS-C") page) Density/Intensity Residential • Maximum of fifteen(15)dwelling units per acre Design and See Figure C-6a Development A development plan.for this area shall concentrate and cluster residential units in the eastern portion of the site and include, consistent with the land use designations and Coastal Element policies, the following required Em information(all required information must be prepared or updated no more than one year prior to submittal of a coastal development permit application): 1. A Public Access Plan,including,but not limited to the following features: • Class 1 Bikeway (paved off-road bikeway; for use by bicyclists, walkers,joggers, roller skaters, and strollers) along the north levee of the flood control channel. If a wall between residential development and the Bikeway is allowed it shall include design features such as landscape screening, non-linear footprint, decorative design elements and/or other features to soften the visual impact as viewed from the Bikeway. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-40 COASTAL ELEMENT COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued) Subarea Characteristic Standards and Princi les 4K Design and 6 Public vista point with views toward the Bolsa Chica and ocean (Cont.on next Development consistent with Coastal Element policies C 4.1.3,C 4.2.1,and C 4.2.3. page) • All streets shall be ungated,public streets available to the general public for parking, vehicular,pedestrian, and bicycle access. All public entry controls (e.g. gates, gate/guard houses, guards, signage, etc.) and restrictions on use by the general public (e.g. preferential parking districts,resident-only parking periods/permits,etc.)associated with any streets or parking areas shall be prohibited. • Public access trails to the Class 1 Bikeway, open space and to and within the subdivision, connecting with trails to the Bolsa Chica area and beach beyond. • Public access signage. • When privacy walls associated with residential development are located adjacent to public areas they shall be placed on the private property,and visual impacts created by the walls shall be minimized through measures such as open fencing/wall design, landscaped screening, use of an undulating or off-set wall footprint, or decorative wall features (such as artistic imprints,etc.),or a combination of these measures. 2. Habitat Management Plan for all ESHA, wetland, and buffer areas designated Open Space-Conservation that provides for their restoration and perpetual conservation and management. Issues to be addressed include,but are not limited to,methods to assure continuance of a water source to feed all wetland areas,enhancement of habitats and required buffer areas,restoration and enhancement of wetlands and environmentally sensitive habitats and required buffer areas, and fuel modification requirements to address fire hazard and avoid disruption of habitat values in buffers. 3. Archaeological Research Design consistent with Policies C 5.1.1, C 5.1.2,C 5.1.3,C 5.1.4,and C 5.1.5 of this Coastal Element. 4. Water Quality Management Program consistent with the Water and Marine Resources policies of this Coastal Element. If development of the parcel creates significant amounts of directly connected impervious surface (more than 10%)or increases the volume and velocity of runoff from the site to adjacent coastal waters,the development shall include a treatment control BMP or suite of BMPs that will eliminate, or minimize to the maximum extent practicable, dry weather flow generated by site development to adjacent coastal waters and treat runoff from at least the 85th percentile storm event based on the design criteria of the California Association of Stormwater Agencies (CASQA) BMP handbooks, with at least a 24 hour detention time. Natural Treatment Systems such as wetland detention systems are preferred since they provide additional habitat benefits, reliability and aesthetic values. 5. Pest Management Plan that, at a minimum, prohibits the use of rodenticides, and restricts the use of pesticides, and herbicides in outdoor areas,except necessary Vector Control conducted by the City or County. MM THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-41 COASTAL ELEMENT COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued) Subarea Characteristic Standards and Principles . 4K Design and 6. Landscape plan for non-Open Space-Conservation areas that prohibits (Cont.on next Development the planting,naturalization,or persistence of invasive plants, and encourages page) low-water use plants,and plants primarily native to coastal Orange County. 7. Biological Assessment of the entire site. 8. Wetland delineation of the entire site. 9. Domestic animal control plan that details methods to be used to prevent pets from entering the Open Space-Conservation areas. Methods to be used include,but are not limited to,appropriate fencing and barrier plantings. 10. Hazard Mitigation and Flood Protection Plan, including but not limited to,the following features: • Demonstration that site hazards including flood and liquefaction hazards are mitigated; • Minimization/mitigation of flood hazard shall include the placement of a FEMA certifiable, vegetated flood protection levee that achieves hazard mitigation goals and is the most protective of coastal resources including wetland and ESHA; • Assurance of the continuance, restoration and enhancement of the wetlands and ESHA. Residential: Residential development, including appurtenant development such as roads and private open space, is not allowed within any wetland, ESHA, or required buffer areas and area designated Open Space-Conservation. Uses consistent with the Open Space Parks designation are allowed in the residential area. All development shall assure the continuance of the habitat value and function of preserved and restored wetlands and environmentally sensitive habitat areas within the area designated Open Space-Conservation. Open Space-Conservation: A. 'Wetlands: Only those uses described in Coastal Element Policy C 6.1.20 shall be allowed within existing and restored wetlands. rm All development shall assure the continuance of the habitat value and function of wetlands. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-42 COASTAL ELEMENT COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued) Subarea Characteristic Standards and:Princi les. 4K Design and Wetland Buffer Area: (Cont.on next Development A buffer area is required along the perimeter of wetlands to provide a page) separation between development impacts and habitat areas and to function as transitional habitat. The buffer shall be of sufficient size to ensure the biological integrity and preservation of the wetland the buffer is designed to protect. A minimum buffer width of 100 feet shall be established. Uses allowed within the-wetland buffer are limited to: 1)those uses allowed within wetlands per Coastal Element Policy C 6.1.20; 2) a vegetated flood protection levee is a potential allowable use if, due to siting and design constraints, location in the wetland buffer is unavoidable, and the levee is the most protective of coastal resources including wetland and ESHA; 3)No active park uses (e.g. tot lots,playing fields, picnic tables, bike paths, etc.) shall be allowed within 100 feet of wetlands preserved in the Open Space-Conservation area. B. Environmentally Sensitive Habitat Areas: Only uses dependent on the resource shall be allowed. Environmentally Sensitive Habitat Areas(ESHA)Buffer Areas: A variable width buffer area is required along the perimeter of the ESHA and is required to be of sufficient size to ensure the biological integrity and preservation of the ESHA the buffer is designed to protect. A minimum buffer width of 297 to 650 feet shall be established between all residential development or active park use and raptor habitat within the eucalyptus groves. Uses allowed within the ESHA buffer are limited to: 1)uses dependent on the resource; 2)wetland and upland habitat restoration and management; 3) vegetated flood protection levee that is the most protective of coastal resources including wetland and ESHA; 4) within the northern grove ESHA buffer only - passive park use may be allowed if it is more than 150 feet from the ESHA, but only when it is outside all wetland and wetland buffer areas, and does not include any uses that would be disruptive to the ESHA. Uses allowed within the passive park areas shall be limited to: a) nature trails and benches for passive recreation, education, and nature study; b) habitat enhancement,restoration,creation and management. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C43 COASTAL ELEMENT COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued) Subarea Characteristic Standards and Principles 4K Design and 5) within the southern grove ESHA buffer only — a water quality Natural Development Treatment System may be allowed so long as it is located in an area that is most protective of coastal resources and at least 246 feet from the ESHA. 6)In addition to the required ESHA buffer described above,grading shall be prohibited within 500 feet of an occupied raptor nest during the breeding season(considered to be from February 15 through August 31); C. Habitat Management Plan shall be prepared for all areas designated Open Space-Conservation which shall include restoration and enhancement of delineated wetlands, wetland and habitat mitigation, and establishment of appropriate buffers from development. D. Protective Fencing: Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas. 8 Area wide Maintain and establish commercial centers to serve surrounding reside cal Functional Role neighborhoods and the greater,community. !N!odesL.�!� 8A mitted Uses Category: Commercial General("CG") Community • Commercial uses permitted by the"CG" use category. Commercial Density/Intensity Category: "-F1" • ight: two(2)ston Design and Design to_a a high level of quality in conformance with Policy LU Development 10.1.4,m6d Policy 10.1.12 8B Permitted Uses a egory: Commercial TTeigkborhood("CM") Neigh- Commercial uses permitted by "CN"land use category. borhood Commercial rty/Intensity Category: "-F1" • Height: two(2)stories Design and Design to achieve a high level of quality in conformance wi Policy LU Development 10.1. 10 THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C44 o �O�h :� aa� ••� h � e �o Ch a c` I d • x h ti Ile �. I me +G e y6pL t f i 41 ` @ . �. 4A e i• 36 'U' 88 i. 1 S io•'' it�,,,� t 9�>f�'e�s� � y�..�.r, 31 Jo �A-', d `� .� .,. ocean ,. LEGEND �4J R4J 4J i City Boundary Beach Boulevard Industrial Nodes Pier Coastal Zone PCH Coastal Corridor Civic Center NodeLEI Downtown Boundary TiTTT Regional Commercial Nodes Old Town WILL Commercial Core HUNTINGTON BEACH SUB-AREA MAP o zs s oy Q n CITY Of HUNTINGTON BEACH COASTAL ELEMENT COASTAL ELEMENT GOALS,OBJECTIVES AND POLICIES Objective C 1.1 The following section presents the goals, Ensure that adverse impacts associated with objectives,policies and programs for the coastal zone development are mitigated or Coastal Zone in the City of Huntington minimized to the greatest extent feasible. Beach. At the end of each policy is a reference to the appropriate implementation Policies program. C 1.1.1 With the exception of hazardous industrial GENERAL RESOURCE PROTECTION development,new development shall be POLICIES encouraged to be located within, contiguous or in close proximity to, existing developed The following general policies shall provide areas able to accommodate it or,where such the framework for interpreting this Coastal areas are not able to accommodate it, in Element: other areas with adequate public services, and where it will not have significant 1. When policies within the Coastal adverse effects, either individually or Element conflict, such conflicts cumulatively, on coastal resources. (I-C 1, shall be resolved in a manner which I-C 2) on balance is the most protective of significant coastal resources. C 1.1.2 Coastal dependent developments shall have 2. Where there are conflicts between priority over other developments on or near the policies set forth in this Coastal the shoreline. Coastal-related developments Element and those set forth in any should be accommodated within reasonable element of the City's General Plan, proximity of the coastal-dependent uses they other City plans, or existing support. (I-C 1, I-C 2) ordinances,the policies of this Land Use Plan(LUP)shall take C 1.1.3 precedence. The use of private lands suitable for visitor serving commercial recreational facilities 3. In the event of any ambiguities or designed to enhance pubic opportunities for silence of this Coastal Element not coastal recreation shall have priority over resolved by(1) or(2) above, or by private residential, general industrial, or other provisions of the City's LCP, general commercial development,but not the policies of the California Coastal over agriculture or coastal-dependent Act shall guide interpretation of this industry. (I-C 1, I-C 2) Coastal Element. C 1.1.3a LAND USE e provision of public access and recreation benefits associated with private Goal development(such as but not limited to C 1 public access ways,public bike paths, Develop a land use plan for the Coastal habitat restoration and enhancement, etc.) Zone that protects and enhances coastal shall be phased such that the public resources,promotes public access and benefit(s)are in place prior to or concurrent balances development with facility needs. with the private development but not later THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-106 COASTAL ELEMENT than occupation of any of the private adverse impacts associated with the seasonal development. (I-C 1, I-C 2) or temporary activities. (I-C 2) C 1.1.4 C 1.1.7 Where feasible, locate visitor-serving Encourage cluster development in areas commercial uses in existing developed areas designated for residential use within the or at selected points of attraction for visitors. Coastal Zone. (I-C 1, I-C 2, I-C 4) (I-C 1, I-C 2, I-C 4) C 1.1.8 C 1.1.5 The City shall, at minimum, consider the New residential development should be sited following when evaluating annexation and designed in such a manner that it proposals in the Coastal Zone: (I-C 8, I-C maintains and enhances public access to the 13) coast. (I-C 2, I-C 3, I-C 4) 1. Is the area to be annexed adjacent to a) Provide neighborhood commercial existing corporate boundaries? facilities within or adjoining residential development or in other 2. Does/will the area to be annexed areas that will minimize the use of contain land uses that are coastal access roads; compatible with City land uses? b) provide non-automobile circulation such as bike trails and pedestrian 3. Does/will the area to be annexed walkways within the development; contain land uses that have the c) provide adequate parking facilities ability to provide economic benefit or a substitute means of serving the to the City? development with public transportation; 4. Would the area to be annexed place d) provide for the recreational needs of an undue or excessive burden on the new residents through local park City's or other service provider's acquisition or on-site recreational ability to provide services? facilities to assure that recreational needs of new residents will not 5. Would the area to be annexed place overload nearby coastal recreation an undue burden on school and areas; other public services? e) facilitate the provision or extension of public transit service; and C 1.1.9 f) assure the potential for public transit Minimize risks to life and property in areas for high intensity uses. of high geologic, flood (Figure C-33) and fire hazard through siting and design to C 1.1.6 avoid the hazard. Temporary and seasonal activities within the coastal zone which do not qualify as exempt New development shall be designed to activities pursuant to the Commission's assure stability and structural integrity, and guidelines adopted by the Commission neither create nor contribute significantly to pursuant to Section 30610(i)of the Coastal erosion, geologic instability, or destruction Act shall be monitored and regulated of the site or surrounding area or in anyway through the coastal development permit require the construction of a protective process to protect coastal resources from device. (I--C 20) THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-107 COASTAL ELEMENT waterways to avoid turbid waters drifting treatment BMPs along with site design and into the ocean. (I-C 2, I-C 3, I-C 8) source control measures shall be required. BMPs should be selected based on efficacy =C6.1.6�) at mitigating pollutants of concern It is the policy of the City to recognize the associated with respective development value of watershed based planning efforts in types or uses. achieving coastal and marine water quality and resource protection goals of the LUP. To this end,the City shall continue Therefore,the City shall support such efforts implementation of the Municipal by initiating and participating in watershed Stormwater National Pollutant Discharge wide planning and management groups, with Elimination System(NPDES)permit(Santa the involvement of appropriate stakeholders Ana Regional Water Quality Control Board and/or regulatory agencies. Such efforts Order No.R8-2002-0010, dated January 18, shall include participation in updating 2002, or any amendment to or re-issuance Orange County's Drainage Area thereof)of which the City is a co-permitee Management Plan, forming partnerships to with the County of Orange through the combine resources to implement restoration Santa Ana Regional Water Quality Control projects which involve and benefit multiple Board. Per program parameters, continue to stakeholders, and pursuing funding require a Water Quality Management Plan opportunities to accomplish water quality for all applicable new development and improvement projects. redevelopment within the Coastal Zone, and include mitigation measures such as the A public participation component that following: (I-C 2, I-C 3, I-C 8) identifies methods to encourage public participation in managing development and a) Regulating development to include minimizing urban runoff impacts to the the use of the best available erosion coast shall be developed. This component and runoff control management should outline a public education and techniques and BMPs designed to involvement program designed to raise minimize pollutant loads contained public awareness about stormwater issues in post-development runoff, and to and the potential impacts of water pollution, maintain post-development peak and involve the public in development and runoff rate and average volume at implementation of the City's pollution levels similar to pre-development control goals. levels to the maximum extent feasible. Design elements and other The City shall require that new development measures shall be incorporated into and redevelopment, as appropriate,employ new development and appropriate nonstructural Best Management Practices re-development in order to carry out (BMPs)and structural BMPs designed to the objectives specified herein, minimize the volume,velocity and pollutant including implementation of load of stormwater runoff,prior to runoff measures required pursuant to the discharge into stormwwater conveyance National Pollutant Discharge systems, receiving waters and/or other Elimination System(NPDES) sensitive areas. All development shall Standards, and any amendment to or include effective site design and source re-issuance thereof, control BMPs. When the combination of b) Adoption of guidelines to reduce site design and source control BMPs is not runoff(silt,debris, litter, and sufficient to protect water quality, structural chemicals)from construction sites. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-125 COASTAL ELEMENT These implementation guidelines into coastal and ocean waters. Regular will be developed with the guidance inspection of sewer lines, pumps stations and approval of the Santa Ana and preventative maintenance activities shall Regional Water Quality Control be undertaken to minimize the potential for Board and/or the State Water ruptured lines or faulty infrastructure to Resources Control Board. The cause or contribute to a sewage spill. The guidelines shall be based on the City shall implement management measures following three principals: (1) for its systems to prevent sewage spills,and Minimizing the potential sources of other causes of bacterial pollution in coastal sediment and/or other pollutants waters in response to scientific findings and from the outset; (2) Controlling the recommendations resulting from monitoring amount of runoff and its ability to and other investigations. (1-C 10) carry sediment and/or other pollutants; and(3)Retaining C 6.1.8 sediment and/or other pollutants Periodically assess the adequacy of the picked up on the project site for County's water quality monitoring appropriate treatment and disposal. procedures for the City's wetlands,harbors Until such guidelines are developed and beaches and coordinate with responsible and approved, erosion and sediment agencies to ensure adequate monitoring. (I- control plans which shall C 11, I-C 12) accompany applications for new development and re-development, C 6.1.9 shall be reviewed for conformance Coordinate with responsible agencies to with applicable recommendations investigate probable Huntington Harbour contained in California's Storm water quality impairments and establish Water Best Management Practice improvement measures such as requiring Handbook(Construction Activity) boat pumpout or holding tank facilities in [Stormwater Quality Taskforce, existing and new development. (1-C 12) 1993] and any amendment to or re- issuance thereof; C 6.1.10 c) Establishment of runoff controls for Monitor and coordinate with responsible soils removed in restoration and/or agencies to ensure that dissolved oxygen remediation of oil sites; and levels in Huntington Harbour do not fall d) Encourage and assist, where below minimum standards. Encourage, and appropriate, County efforts to require when appropriate,the installation of implement restoration or other water aeration and water circulation devices, quality improvement projects in regulate the dredging schedule and flood control channels that empty implement other appropriate mitigation into the Bolsa Chica, Huntington measures when and where needed. (1-C 12) Beach Wetlands and beach areas in order to minimize negative impacts C 6.1.11 from urban runoff while maintaining The City, in consultation with appropriate flood control effectiveness. agencies, and interested stakeholders shall identify regulatory and non-regulatory C 6.1.7 mechanisms for implementing management Improve and maintain existing infrastructure measures for marinas and recreational to prevent sewage system failures that may boating activities contained in California's result in the discharge of untreated sewage Plan for the Control of Nonpoint Source THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-126 COASTAL ELEMENT Pollution(CCC & SWRCB 2000)in accomplished in a manner that is the Huntington Harbour. Additionally,the City least environmentally damaging shall identify and support mechanisms for feasible alternative. implementing an educational program b) The volume and quality of targeted at boat operational and maintenance stormwater discharged into coastal activities such as the Boating Clean&Green waters, ESHA, or wetlands shall Campaign or equivalent in the Harbour. maintain or enhance the functional Eliminate the use of anti-fouling chemical capacity of the receiving waters or treatments on boats moored in the harbor, ESHA. except at permitted locations. (I-C 2, I-C 3, c) Energy dissipater devices shall be I-C 12) installed on all approved storm drain outlets to prevent erosion and scour. C 6.1.12 Periodically review the City's policies on C 6.1.16 water conservation, including the Water Encourage the Orange County Sanitation Conservation Ordinance,to ensure the use District to accept dry weather nuisance of state of the art conservation measures for flows into the sewer system for treatment new development and redevelopment, and prior to discharge. New developments shall retrofitting of existing development,where be designed and constructed to minimize or feasible and appropriate,to implement these eliminate dry weather nuisance flows to the measures. (I-C 11) maximum extent practicable. (I-C 12) C 6.1.13 C 6.1.17 Encourage research and feasibility studies Natural drainage patterns in areas designated regarding ocean water desalinization as an as Conservation or Open Space and alternative source of potable water. Recreation shall be maintained and restored Participate in regional studies and efforts where feasible. (I-C 7, I-C 8) where appropriate. (I-C 22n) C 6.1.18 C 6.1.14 New flood control projects and substantial Encourage water reclamation projects, reconstruction of existing flood control including household wastewater facilities shall,to the extent feasible: (I-,C 7, reclamation, and the use of reclaimed water I-C 12, I-C 220 for purposes such as irrigation,where feasible and appropriate. (1-C 2, I-C 3) a) Expand the floodplain. b) Maximize soft bottom habitat. C 6.1.15 c) Slow water to encourage percolation Where new storm drain outlets are through the use of off-line detention necessary, discharge points shall be sited basins or other similar structures. and designed to release in the least d) Consider the diversion of dry environmentally sensitive location and weather nuisance flows to the sewer manner. (I-C 3, I-C 7, I-C 8, I-C 22k) system. e) Prevent and remove encroachments a) Storm drains are prohibited from into the floodplain to the extent discharging directly into ESHA, or feasible. wetlands unless there is no other f) Restore pool and riffle sequence to feasible alternative in which case slow and aerate the water. storm drain discharge shall be THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-127 COASTAL ELEMENT migration, aesthetics,and usability of the C 6.1.19 beach area. (I-C 8, I-C 12) Prior to approval of any new or expanded seawater pumping facilities, require the C 6.1.2 provision of maximum feasible mitigation Require that new development and measures to minimize damage to marine redevelopment minimize the creation of organisms due to entrainment in accordance impervious areas, especially directly with State and Federal law. (I-C2, I-C 7, I-C connected impervious areas, and, where 8) feasible,reduce the extent of existing unnecessary impervious areas, and C 6.1.20 incorporate adequate mitigation to minimize Limit diking, dredging, and filling of coastal the alteration of natural streams and/or waters,wetlands, and estuaries to the interference with surface water flow. The specific activities outlined in Section 30233 use of permeable material for roads, and 30607.1 of the Coastal Act and to those sidewalks and other paved areas shall be activities required for the restoration, incorporated into new development to the maintenance, and/or repair of the Municipal maximum extent practicable. (I-C 8, I-C 1 S) Pier and marina docks. Conduct any diking, dredging and filling activities in a manner C 6.1.26 that is consistent with Section 30233 and Protect, maintain and enhance,where 30607.1 of the Coastal Act. (I-C 2, I-C 7, 1- feasible, existing natural vegetation buffer C 8) areas surrounding riparian habitats. (1-C 2, I-C 8) C 6.1.21 Monitor harbor dredging to ensure C 6.1.27 consistency with Coastal Act Section 30233 Channelizations,dams, or other substantial and minimal impacts to water quality,plant, alterations of rivers and streams shall and biological resources. (I-C 2, I-C 7, I-C incorporate the best mitigation measures' 8, I-C 12) feasible, and be limited to(1)necessary' water supply projects, (2)flood control i C 6.1.22 projects where no other method for Monitor sand movement, coastal erosion and protecting existing structures in the flood methods of mitigation. (1-C 12, I-C IS) plain is feasible and where such protection is necessary for public safety or to protect C 6.1.23 existing development, or(3) developments Prohibit groins, cliff retaining walls, where the primary function is the pipelines, outfalls,and other such improvement of fish and wildlife habitat. (I- construction structures or activities that may C 7, I-C 8) alter natural shoreline processes unless designed to eliminate or mitigate adverse C 6.1.28 impacts on local shoreline sand supply. (I-C Support the creation of a wildlife sanctuary 2) for habitats along the coast in order to preserve and protect natural beach C 6.1.24 environments. (1--C 1, I-C 2, I-C 7, I-C 8) Promote the improvement of tidal circulation in the Talbert Marsh,the Bolsa Chica,Huntington Harbour, and Anaheim Bay resulting in minimal impacts to sand THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-128 COASTAL ELEMENT shall be designed,to the maximum extent C 6.1.29 feasible,to avoid reducing the width of the Continue to support the ongoing Orange floodplain,to remove any encroachments County Water District's Barrier Wells into the floodplain, and to restore the natural project. (1-C 12) bottom and width of the floodplain. (I-C 7, -- I-C 8) C 6.1.3� Natural or vegetated treatment systems(e.g. C 7.1.2 bio-swales,vegetative buffers,constructed Environmentally sensitive habitat areas shall or artificial wetlands)that mimic natural be protected against any significant drainage patterns are preferred for new disruption of habitat values, and only uses development over mechanical treatment dependent on those resources shall be systems or BMPs(e.g. water quality allowed within those areas. treatment plants, storm drain inlet filters). In the event that development is permitted in (1-C 8) an ESHA area pursuant to other provisions of this LCP, a"no-net-loss"policy(at a ENVIRONMENTALLY SENSITIVE minimum) shall be utilized. (I-C 7, I-C 8) HABITATS C 7.1.3 Goal Development in areas adjacent to C 7 environmentally sensitive habitat areas and Preserve,enhance and restore,where parks and recreation areas shall be sited and feasible,environmentally sensitive habitat designed to prevent impacts which would areas (ESIIAs) in the City's Coastal Zone, significantly degrade those areas, and shall including the Bolsa Chica which is within be compatible with the continuance of those the City's Sphere of Influence. habitat and recreation areas. (I-C 7, I-C 8) Objective C 7.1.4 C 7.1 Require that new development contiguous to Regulate new development through design wetlands or environmentally sensitive review and permit issuance to ensure habitat areas include buffer zones. Buffer consistency with Coastal Act requirements zones shall be a minimum of one hundred and minimize adverse impacts to identified feet setback from the landward edge of the environmentally sensitive habitats and wetland, with the exception of the wetland areas. following: (I-C 2, I-C 7) Policies A lesser buffer may be permitted if existing C 7.1.1 development or site configuration precludes Evaluate any existing environmental a 100 foot buffer,or conversely, a greater degradation or potential degradation from buffer zone may be required if substantial current or planned storm drain and flood development or significantly increased control facilities in wetlands or other human impacts are anticipated. In either sensitive environments. case,the following factors shall be considered when determining whether a Storm drains and flood control projects shall lesser or wider buffer zone is warranted. be designed to minimize adverse impacts to Reduced buffer zone areas shall be reviewed wetlands or other environmentally sensitive by the Department of Fish and Game prior areas. Additionally, flood control projects to implementation. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-129 COASTAL ELEMENT b) Plant native plant species to enhance residential projects adjacent to wetlands. wildlife diversity. Such centers shall be sited and designed to c) Enhance the visual appearance of prevent impacts, which would significantly wetland areas. degrade the wetlands. (I-C 22b) d) Projects that impact the wetlands shall be sited and designed to ENERGY FACIILITIES improve the overall functioning of the wetland ecosystem. Goal C8 C 7.2.5 Accommodate energy facilities with the Prohibit all uses within the least tern nesting intent to promote beneficial effects while site on Huntington State Beach except those mitigating any potential adverse impacts. related to habitat restoration. (I-C 7, I-C 12) Objective C 7.2.6 C 8.1 Prohibit fill in any wetland areas for the Continue to pursue and promote purpose of road construction, except for interdepartmental coordination within the roads allowed pursuant to Section 30233 of City, as well as, interagency coordination the Coast Act or when required to serve uses between the City, other levels of allowed in wetlands pursuant to and government and outside agencies regarding consistent with Sections 30260-30264 of the energy related issues affecting the City. Coastal Act for coastal dependent and energy uses. Any roads governed by this Policies policy shall be limited to necessary access C 8.1.1 roads appurtenant to the facility, and shall be Maintain an up to date catalogue identifying permitted only where there is no feasible, the outside agencies with control or less environmentally damaging alternative influence over energy issues, including a and where feasibility mitigation measures definition of their role, authority and have been provided. (I-C 7, I-C 8) responsibilities. (I-C 12) C 7.2.7 C 8.1.2 Any areas that constituted wetlands or Continue to identify and participate in ESHA that have been removed, altered, opportunities for local input in the planning filled or degraded as the result of activities and decision making processes of Sate and carried out without compliance with Coastal federal agencies involved with energy Act requirements shall be protect as required issues. (I-C 12) by the policies in this Land Use Plan. C 8.1.3 Objective Monitor energy activities that could affect C 7.3 Huntington Beach by undertaking the Promote public awareness of sensitive following tasks: (1-C 12) habitats and their environmental benefits. 1. Joining mailing lists of relevant Policies State and federal agencies; C 7.3.1 2. Commenting on EIR's, EIS's, call- Encourage educational centers such as for-nominations for OCS tract wetland/coastal habitat models and selections and other reviews; and information booths or displays in non- THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-131 ATTACHMENT # 14 1 ATTACHMENT NO. 14 ENVIRONMENTAL IMPACT REPORT NO. 97®2 WAS CERTIFIED AND APPROVED IN 2002 THIS DOCUMENT IS AVAILABLE FOR REVIEW AT THE CITY OF HUNTINGTON BEACH PLANNING DEPARTMENT 2000 MAIN ST.9 3" FLOOR ATTACHMENT # 15 KFN1i:WQaxT1, RIVE c.. RL- 11 IN: r F " fY_ , 3 ® ® ® ® 6 i i � •°,,p u '� &.zF,.y�Tit'' i'�4 ����-"#�3a � '�.�+ .r.-.�' r - ;r � '6T to 47 En � �. e '".}�p�'{ ;t�1r2,Y 1. _:��, r'�.Yt � f�' � � �R. #' � 5. '>F•;� J ':`.y.-S b t �' �.� �;� f �s .��+•'�'''i �� d f � � „�« � �� ;sash III, ,.� �• _ ;I` b t 'r ��+�., �',.-ra 4t. a„ 1, xi,-3. �i' ..# s&' .4x- r3 w;� :t,; a-_.�;.� _+;_.,i' } : PARKSIDE ESTATES HUNTINGTON BEACH, CALIFORNIA DRAFT ADDENDUM EIR TO EIR #97-2 SCH #97091051 Prepared for: The City of Huntington Beach Planning Department 2000 Main Street Huntington Beach, CA 92648 Prepared by: EDAW, Inc. 2737 Campus Drive Irvine, CA 92612 May 2009 MAY 2009 CITY OF HUNTINGTON BEACH TABLE OF CONTENTS 1.0 INTRODUCTION.....................................................................................................................1-1 1.1 PROJECT BACKGROUND ..........................................................................................1-1 1.2 CEQA BASIS FOR THIS ADDENDUM .....................................................................1-2 1.3 PURPOSE AND INTENDED USES OF THIS ADDENDUM......................................1-4 1.4 EVALUATION OF ENVIRONMENTAL IMPACTS AND ADDENDUM FINDINGS.......................................................................................................................1-5 1.4.1 Summary Impact Comparison............................................................................1-5 1.5 EXISTING DOCUMENTS TO BE INCORPORATED BY REFERENCE.................1-10 1.6 CONTACTPERSONS..................................................................................................1-10 2.0 PROJECT DESCRIPTION.......................................................................................................2-1 2.1 PROJECT LOCATION ..................................................................................................2-1 2.2 PROJECT SITE HISTORY.............................................................................................2-1 2.2.1 Prior CEQA Documentation...............................................................................2-3 2.3 CITY APPROVED PROJECT(2002).............................................................................2-4 2.3.1 Previous Discretionary Actions by the City of Huntington Beach.....................2-4 2.4 CITY LCP AMENDMENT REQUEST/CCC APPROVAL OF LUP AMENDMENT WITH SUGGESTED MODIFICATIONS...........................................2-8 2.4.1 City LCP Request...............................................................................................2-8 2.4.2 CCC-Suggested Modifications to the LUP Amendment....................................2-8 2.5 COMPARISON OF PROJECT(2002 VERSUS 2008) ................................................2-11 2.6 PROJECT COMMITMENTS........................................................................................2-14 3.0 COMPARATIVE EVALUATION OF ENVIRONMENTAL IMPACTS................................3-1 3.1 LAND USE COMPATIBILITY......................................................................................3-2 3.1.1 Existing Environmental Setting..........................................................................3-2 3.1.2 Certified 2002 Final EIR No. 97-2 Impacts........................................................3-3 3.1.3 Project Changes/Impact Analysis.......................................................................3-3 3.1.4 Cumulative Impacts............................................................................................3-5 3.1.5 Standard City Policies and Mitigation Measures................................................3-5 3.1.6 Conclusion..........................................................................................................3-5 3.2 AESTHETICS/LIGHT AND GLARE............................................................................3-6 3.2.1 Existing Environmental Setting..........................................................................3-6 3.2.2 Certified 2002 Final EIR No. 97-2 Impacts........................................................3-6 3.2.3 Project Changes/Impact Analysis.......................................................................3-7 3.2.4 Cumulative Impacts............................................................................................3-9 3.2.5 Standard City Policies and Mitigation Measures................................................3-9 3.2.6 Conclusion........................................................................................................3-10 3.3 TRANSPORTATION/CIRCULATION........................................................................3-11 3.3.1 Existing Environmental Setting........................................................................3-11 3.3.2 Certified 2002 Final EIR No. 97-2 Impacts......................................................3-11 3.3.3 Project Changes/Impact Analysis.....................................................................3-12 3.3.4 Cumulative Impacts..........................................................................................3-13 3.3.5 Standard City Policies and Mitigation Measures..............................................3-13 3.3.6 Conclusion........................................................................................................3-14 PARKSIDE ESTATES i ADDENDUM EIR MAY 2009 CITY OF HUNTINGTON BEACH 3.4 AIR QUALITY..............................................................................................................3-15 3.4.1 Existing Environmental Setting........................................................................3-15 3.4.2 Certified 2002 Final EIR No. 97-2 Impacts......................................................3-15 3.4.3 Project Changes/Impact Analysis.....................................................................3-15 3.4.4 Cumulative Impacts..........................................................................................3-20 3.4.5 Standard City Policies and Mitigation Measures..............................................3-20 3.4.6 Conclusion........................................................................................................3-21 3.5 NOISE ..........................................................................................................................3-23 3.5.1 Existing Environmental Setting........................................................................3-23 3.5.2 Certified 2002 Final EIR No. 97-2 Impacts......................................................3-23 3.5.3 Project Changes/Impact Analysis.....................................................................3-24 3.5.4 Cumulative Impacts..........................................................................................3-24 3.5.5 Standard City Policies and Mitigation Measures..............................................3-24 3.5.6 Conclusion........................................................................................................3-25 3.6 EARTH RESOURCES..................................................................................................3-26 3.6.1 Existing Environmental Setting........................................................................3-26 3.6.2 Certified 2002 Final EIR No. 97-2 Impacts......................................................3-26 3.6.3 Project Changes/Impact Analysis.....................................................................3-27 3.6.4 Cumulative Impacts..........................................................................................3-28 3.6.5 Standard City Policies and Mitigation Measures..............................................3-28 3.6.6 Conclusion........................................................................................................3-29 3.7 DRAINAGE/HYDROLOGY........................................................................................3-30 3.7.1 Existing Environmental Setting........................................................................3-30 3.7.2 Certified 2002 Final EIR No. 97-2 Impacts......................................................3-30 3.7.3 Project Changes/Impact Analysis.....................................................................3-31 3.7.4 Cumulative Impacts..........................................................................................3-33 3.7.5 Standard City Policies and Mitigation Measures..............................................3-33 3.7.6 Conclusion........................................................................................................3-34 3.8 BIOLOGICAL RESOURCES.......................................................................................3-35 3.8.1 Existing Environmental Setting........................................................................3-35 3.8.2 Certified 2002 Final EIR No. 97-2 Impacts......................................................3-36 3.8.3 Project Changes/Impact Analysis.....................................................................3-36 3.8.4 Cumulative Impacts..........................................................................................3-39 3.8.5 Standard City Policies and Mitigation Measures..............................................3-39 3.8.6 Conclusion........................................................................................................3-39 3.9 CULTURAL AND PALEONTOLOGICAL RESOURCES.........................................3-41 3.9.1 Existing Environmental Setting........................................................................3-41 3.9.2 Certified 2002 Final EIR No. 97-2 Impacts......................................................3-41 3.9.3 Project Changes/Impact Analysis.....................................................................3-41 3.9.4 Cumulative Impacts..........................................................................................3-42 3.9.5 Standard City Policies and Mitigation Measures..............................................3-42 3.9.6 Conclusion........................................................................................................3-43 3.10 PUBLIC SERVICES AND UTILITIES........................................................................3-44 3.10.1 Existing Environmental Setting........................................................................3-44 3.10.2 Certified 2002 Final EIR No. 97-2 Impacts......................................................3-44 PARKSIDE ESTATES ADDENDUM EIR MAY 2009 CITY OF HUNTINGTON BEACH 3.10.3 Project Changes/Impact Analysis.....................................................................3-45 3.10.4 Cumulative Impacts..........................................................................................3-46 3.10.5 Standard City Policies and Mitigation Measures..............................................3-46 3.10.6 Conclusion........................................................................................................3-49 APPENDICES APPENDIX A—CCC-Adopted Findings and Certification Letter APPENDIX B—Revised Mitigation Monitoring Program-2008 APPENDIX C—Parkside Estates Sustainability Program PARKSIDE ESTATES ADDEND UM EIR MAY 2009 CITY OF HUNTINGTON BEACH EXHIBITS AND TABLES EXHIBITS Exhibit 2-1: Project Location.............................................................................................................2-2 Exhibit 2-2: City-Approved Land Use Plan(2002)............................................................................2-5 Exhibit 2-3: Revised LUP with CCC-Suggested Modification(2008)..............................................2-6 Exhibit 2-4: 2002 TTM....................................................................................................................2-12 Exhibit 2-5: 2008 TTM....................................................................................................................2-13 TABLES Table 1-1: Land Use Comparison........................................................................................................1-2 Table 1-2: Comparison of Impacts between the Approved 2002 Project and Revised2008 Project...........................................................................................................................1-6 Table 2-1: Summary of CCC-Suggested Modifications....................................................................2-10 Table 3-1: Summary of Trip Generation Rate Comparisons.............................................................3-12 Table 3-2: Project Emission Summary/Criteria Pollutants .............................................................3-16 Table 3-3: Project Emission Summary/GHG .................................................................................3-19 PARKSIDE ESTATES iv ADDEND UM EIR MAY 2009 CITY OF HUNTINGTON BEACH 1.0 INTRODUCTION This document supersedes and is an Addendum to the previously certified 2002 Parkside Estates EIR No. 97-2. The Addendum EIR addresses the potential environmental impacts of the changes to the Project previously approved by the City and as certified by the California Coastal Commission(CCC) action and changes to the existing conditions that have occurred since certification of EIR No. 97.2. The previously certified 2002 Parkside Estates EIR No. 97-2 and Addendum EIR, together with the CCC's adopted revised findings approving City LUP Amendment No. 1-06 and the other environmental documents incorporated by reference herein, serve as the environmental review of the Parkside Estates Project as modified. 1.1 PROJECT BACKGROUND The Shea Homes Parkside Estates Project(Parkside Estates Project) is proposed for an approximately 50-acre (ac) site in the City of Huntington Beach (City). The City prepared a Final Environmental Impact Report (EIR) for the Parkside Estates Project in 2002 (EIR No. 97-2). The City certified the EIR, adopted the Mitigation Monitoring and Reporting Program (MMRP), and approved the related Local Coastal Program (LCP) Amendment, General Plan Amendment (GPA), Zone Change, Tentative Tract Maps (TTMs), Conditional Use Permit (CUP), Coastal Development Permit (CDP) and annexation of a 5-acre parcel that was located in Orange County (County). The discretionary actions approved 170 dwelling units overall and amended General Plan designations and zoning to reflect the planned low-density residential development, proposed public park, and conservation areas. The CUP approved the Planned Unit Development(PUD),the exceedance of a 3-foot(ft)grade differential on the site, and approval of grading and stockpiling that exceeds 25,000 cubic yards (cy) of import. The City forwarded the LCP Amendment and Implementation Plan to the California Coastal Commission (CCC) for review and certification in 2002. The City later withdrew the Implementation Plan portion of the LCP Amendment request to allow the Land Use Plan (LUP) Amendment to be heard and approved first. Between 2003 and 2008, the applicant was engaged in additional studies, meetings with City and CCC staff, and several CCC hearings. As a result of all these efforts, including the CCC's Suggested Modifications to the LUP Amendment, the following key changes to the Project plans have been made: • The area designated for Open Space-Conservation(OS-C)increased from 3.7 ac to 23.1 ac (including a 0.6 ac passive park). • The area designated for an active/passive park decreased from 8.4 ac to 1.6 ac (a 1.0 ac active park in RL and 0.6 ac in OS-C). • The development footprint was reduced from 37.4 to 26.4 ac. • A Natural Treatment System (NTS) was added for storm water treatment, with a supplemental mechanical storm water system Best Management Practices(BMP). • The addition of approximately 6.2 ac of wetland creation/restoration and preservation, plus buffers. • The expansion of the eucalyptus Environmentally Sensitive Habitat Area (ESHA) designation to include all of the southern and northern eucalyptus groves, plus a variable-width ESHA buffer, which includes restricted public access. Final EIR No. 97-2 included as eucalyptus ESHA only the portion of the southern eucalyptus trees that was included in the original CDFG ESHA recommendation. PARKSIDE ESTATES 1-1 ADDENDUMEIR MAY 2009 CITY OF HUNTINGTON BEACH The CCC, at its May 7, 2008, meeting in Marina del Rey, adopted revised findings reflecting the CCC's action of November 14, 2007, in which it approved the City LUP Amendment No. 1-06 with modifications. LUP Amendment No. 1-06 is reflected in City Council Resolution No. 2002-123, which accepted the CCC modifications. These adopted findings are contained in Appendix A of this document and are referenced throughout Sections 2.0 and 3.0. The approved amendment, as modified, provides land use designations and LUP text for the Parkside Estates area of the LCP, as well as corollary changes to the area known as Parkside, an area that was deferred certification at the time the City's LCP was certified. The City has since updated the Coastal Element of the General Plan to reflect the CCC's action in June and November 2008. The LUP Amendment was effectively certified on August 7, 2008. The following table (Table 1-1) provides a land use summary and comparison of the 2002 City-approved Project analyzed in EIR No. 97-2 and the 2008 CCC-approved LUP Amendment modifications. Table 1-1 Land Use Comparison 2002 Project Revised Project Difference Land Use Acres Units Acres Units Acres Units (net) ((net) (net) Residential(RL) 37.4 170 26.4 111 -11 -59 Open Space—Park OS-P) 8.4 n/a n/a n/a -8.4 n/a Open Space — Conservation 3.7 n/a 23.1 n/a +19.4 n/a OS-C) Total 1 49.5 1 170 1 49.5 111 0 -59 Source:Hunsaker(2008). 1.2 CEQA BASIS FOR THIS ADDENDUM Pursuant to the provisions of CEQA and the State CEQA Guidelines, the City is the Lead Agency charged with the responsibility of deciding whether to approve the proposed Project changes consistent with the CCC modifications to the LCP. As part of its decision-making process, the City is required to review and consider potential environmental effects that could result from construction and operation of the revised Project. Certified EIR No. 97-2 found no effects of Project development to be significant unavoidable impacts. Likewise, the CCC found that the LUP Amendment, as modified, would not result in significant adverse environmental impacts within the meaning of CEQA. The CCC environmental review of an LCP Amendment is treated as the functional equivalent of the EIR process, under Section 21080.5 of CEQA and Sections 15251(c)and 15265 of the State CEQA Guidelines. Section 21080.9 of the California Public Resources Code, within CEQA, exempts local governments from the requirement of preparing an EIR in connection with its activities and approvals necessary for the preparation and adoption of an LCP. Instead,the CEQA responsibilities are assigned to the CCC. The CCC's LCP review and approval program was found by the State Resources Agency to be functionally equivalent to the EIR process. Thus, under Section 21080.5 of CEQA, the CCC is relieved of its responsibility to prepare an EIR for each LCP. Nevertheless, the CCC is required to approve an LCP submittal and to find that the LCP does conform with the provisions of CEQA, including the requirement in CEQA Section 21080.5(d)(2)(A) that the amended LUP will not be approved or adopted as proposed if there are feasible alternatives or feasible mitigation measures PARKSIDE ESTATES 1-2 ADDENDUM EIR MAY 2009 CITY OF HUNTINGTON BEACH available that would substantially lessen any significant adverse impact the activity may have on the environment'. The CCC found that the LUP Amendment, as modified, is consistent with the public access and recreation, wetland, ESHA, marine resource, and land resource policies of the Coastal Act. Thus, the CCC found that the proposed LUP Amendment, as modified, meets the requirements of and conforms with the Chapter 3 policies of the Coastal Act. In addition, the CCC found that approval of the LUP Amendment, as modified, will not result in significant adverse environmental impacts under the meaning of CEQA(CCC Adopted Findings,pp. 4,62-63). Thus, two CEQA reviews have been completed for the Project: the Certified EIR and the CEQA equivalent review that the Coastal Commission completed in connection with its approval of the LUP Amendment. The City has prepared this CEQA addendum to include information in their files and public record that could be easily referenced and to document the changes to the City's originally approved Project. Current City review of the modifications to the Project, including the revised TTMs, CUP, and other related Project components, is limited by provisions set forth in CEQA and the State CEQA Guidelines. Thus, this Addendum documents whether there are changes in circumstances or new information of substantial importance that would require preparation of a subsequent or supplemental EIR since certified EIR No. 97-2 and CEQA review as part of approved LUP Amendment No. 1-06 have already been completed. It is the City's intent to prepare this Addendum with analysis that demonstrates if the City-certified CEQA documents including mitigation measures and the CEQA equivalent review completed by the Coastal Commission are still adequate for the Project changes and any new City polices and requirements that have come about since the original approval. According to Section 21166 of CEQA and Section 15162 of the State CEQA Guidelines, a subsequent EIR is not required for the changes to the proposed Project unless the City determines on the basis of substantial evidence that one or more of the following conditions are met: 1. Substantial changes are proposed in the Project that require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in severity of previously identified significant effects; 2. Substantial changes have occurred with respect to circumstances under which the Project is undertaken that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 3. New information of substantial importance, which was not known and could not have been known with exercise of reasonable diligence at the time the previous EIR was certified, shows any of the following: • The Project will have one or more significant effects not discussed in the previous EIR; • Significant effects previously examined will be substantially more severe than identified in the previous EIR; • 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,but the Project proponent declines to adopt the mitigation measures or alternatives;or ' 14 California Code of Regulations(CCR) Sections 13542(a), 13540(f), and 13555(b). PARKSIDE ESTATES 1-3 ADDENDUMEIR MAY 2009 CITY OF HUNTINGTON BEACH 0 Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the Project proponent declines to adopt the mitigation measures or alternatives. According to the State CEQA Guidelines, Section 15163, if any of the conditions noted above are present but only minor additions or changes would be necessary to make the previous EIR adequate to apply to the Project in the changed situation,a supplemental EIR may be prepared. Section 15164 of State CEQA Guidelines states that an Addendum to an EIR shall be prepared "if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred." Thus, if none of the above conditions are met, the City may not require preparation of a subsequent or supplemental EIR. Rather, the City can decide that no further environmental documentation is necessary or can require that an Addendum be prepared. In this regard, the City finds that an Addendum to the previously certified Final EIR is appropriate. The rationale and the facts for this finding are provided in the body of this Addendum. An addendum in this instance could limit its review to a determination of whether there are changes in circumstances or new information of substantial importance since Certified EIR No. 97-2 and Certified LUP Amendment No. 1-06 that warrant preparation of a subsequent or supplemental EIR. This Addendum, however, adopts a more conservative approach, and compares the environmental effects of the development of the revised Project with those of the original Project previously disclosed in EIR No. 97-2. It also reviews new information of substantial importance that was not known and could not have been known with exercise of reasonable diligence at the time EIR No. 97-2 was certified and evaluates whether there are new or more severe significant environmental effects associated with changes in circumstances under which Project development is being undertaken. It further examines whether, as a result of any changes or any new information, a subsequent or supplemental EIR may be required. This examination includes an analysis of provisions of Section 21166 of CEQA and Section 15162 of the State CEQA Guidelines and their applicability to the Project. The focus of the examination is on whether the previous EIR No. 97-2, in conjunction with the CCC action on LUP Amendment No. 1-06, continues to satisfy CEQA requirements. 1.3 PURPOSE AND INTENDED USES OF THIS ADDENDUM][ An EIR is an informational document used in the planning and decision-making process. The purpose of an EIR is not to recommend either approval or denial of a project; but rather to disclose objective information regarding potentially significant environmental impacts, so that informed decisions can be made. The intent of this Addendum is to provide to decision-makers additional information regarding the Project's environmental impacts due to Project modifications subsequent to the certification of the EIR No. 97.2. The document completes the environmental analysis consistent with the provisions of the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., and State CEQA Guidelines. The Project reviewed in this Addendum includes changes to the Project previously approved by the City and as certified by CCC action, and includes the following requested entitlements and approvals needed to adopt the CCC modifications: • Approval of this Addendum to certified EIR No. 97-2 to address the potential environmental effects of changes made to the Project since the original City approval and EIR certification in 2002 and CCC approval of the LUP in 2008. ® Approval of revised TTMs 15377 and 15419. PARKSIDE ESTATES 1-4 ADDENDUM EIR MAY 2009 CITY OF HUNTINGTON BEACH • Approval of a revised CUP and CDP(approval in concept). • Approval of the amendment to the General Plan and Zoning Ordinance. 1.4 EVALUATION OF ENVIRONMENTAL IMPACTS AND ADDENDUM FINDINGS This Addendum compares the anticipated environmental effects of the revised Project as modified by CCC action with those disclosed in EIR No. 97-2 and LUP Amendment No. 1-06 to review whether any conditions set forth in Section 15162 of the State CEQA Guidelines requiring preparation of a subsequent or supplemental EIR are met. Potential environmental effects of the Project are addressed for each of the following areas: • Land Use Compatibility • Aesthetics/Light and Glare • Transportation/Circulation • Air Quality • Noise • Earth Resources • Drainage/Hydrology • Biological Resources • Cultural and Paleontological Resources • Public Services and Utilities Section 3.0 of this document contains analyses and explanations of potential environmental impacts of the changes to the Project as a result of CCC-suggested modifications to the LCP Amendment. The analyses provide the City a basis for its determination that no subsequent or supplemental EIR will be required for the Project. 1.4.1 Summary Impact Comparison The following table (Table 1-2) provides a comparison of the environmental impacts of the current Project modifications, the subject of the current Addendum, with the Project impacts analyzed in Certified EIR No. 97-2. As analyzed in Section 3.0 of this document, the changes being proposed for this Project would not result in any new significant environmental effects or substantial increases in the severity of previously identified significant effects. Consequently, major revisions to the Certified EIR are not required and none of the other conditions listed in Section 15162(a)that would require the preparation of a subsequent EIR have occurred. Therefore, the appropriate level of analysis for the proposed Project revision is an Addendum to the Final EIR, as required by Section 15164(a). This conclusion is based on the analysis provided in this document and is supported by updated technical studies (see Section 1.5) and other information included in the administrative record. Substantial evidence in the record supports the conclusion that the revised Project does not create any new or increased significant impacts as compared to the original Project. Thus,no supplemental environmental review is required. PARKSIDE ESTATES 1-5 ADDENDUM EIR MAY 2009 CITY OF HUNTINGTON BEACH Table 1-2 Comparison of Impacts between the Approved 2002 Project and Revised 2008 Project Issues Analyzed Approved 2002 Project Revised 2008 Project Land Use Compatibility • No impacts identified related to on-site residential • Revised Project reduced unit count (59 less units) land use relationships and between the proposed and greater open space(20 acres)result in minimal park and proposed residential uses. changes to the 2002 Project conclusions regarding • No impacts identified to land use relationships on-site and off-site land use relationships between between the proposed residential and park and the the proposed park/open space and proposed adjacent land uses and off-site residential uses. residential uses. • Potential significant impact related to provision of • No changes to the conclusion regarding Project affordable housing and cumulative impact related consistency with the City's General Plan and to inconsistencies with the City Affordable Bolsa Chica LCP. Housing Policy. Mitigation Measure 1 was • Affordable housing has been satisfied through provided. acquisition of off-site units and Mitigation Measure 1 has therefore been met. Aesthetics/Light and Glare • No identified impacts to visual resources on the • Positive effect on the visual resources with habitat site. creation and new public access. • Potential impact related to reduction of viewable • Reduced impact with regard to changes to open space area. Mitigation Measures 1 and 2 viewable open space compared with the Project as were provided. evaluated in the 2002. Mitigation Measure 1 and 2 • No removal of eucalyptus trees and tree remain applicable. replacement. Mitigation Measure 3 no longer • Public vista location is included in the revised applicable. Project. • No identified impacts to existing or proposed City • Project street system available to the public and no scenic routes. change to the trail system. Mitigation Measure 4 • Potential impact related to County-proposed trails. remains applicable. Mitigation Measure 4 was provided. • Reduced impact related to increased light and • Potential on-site and off-site impact related to glare generated on-site from development and increased light and glare generated on-site from associated vehicles. Mitigation Measures 1 development and associated vehicles. Mitigation through 3 remain applicable. Measures 1 through 3 were provided. PARKSIDE ESTATES 1-6 ADDEND UM EIR MAY 2009 CITY OF HUNTINGTON BEACH Issues Analyzed Approved 2002 Project Revised 2008 Project Transportation/Circulation • Potential impact related to short-term construction • Reduction in short-term construction trips due to due to addition of truck and construction traffic reduced grading and construction. Mitigation vehicles. Mitigation Measure 1 was provided. Measure 1 for construction remains applicable. • No significant impact related to vehicular traffic • Reduced overall traffic impacts due to reduction in increases (2,040 ADT) at the modeled number of units and corresponding ADT of 1,332. intersections and roadway segments under the Mitigation Measures remain applicable. existing plus Project conditions. • CCC-suggested Modification No. 5 is consistent • Potential impact to pedestrian, bicycle, and with, and builds upon, Mitigation Measures 2 vehicular safety related to establishment of access through 4 regarding pedestrian and bicycle safety and an on-site circulation system. Mitigation along the Project perimeter. Measures 2 through 4 were provided. • No new cumulative impacts or increase in an • Potential cumulative impacts related to LOS impact previously identified. Mitigation Measure deficiencies at the intersections of Bolsa Chica 5 remains applicable. Street/Warner Avenue and Graham Street/Warner Avenue under the 2020 condition. Mitigation Measure 5 was provided. Air Quality • Potential short-term impact related to exceeding • Fewer haul trips due to reduced number of units SCAQMD's daily threshold emissions levels for and less imported soil. Mitigation Measures 1 NOx during construction activities. Mitigation through 6 for short-term construction emission measures 1 through 6 were provided. impacts remain applicable. • No SCAQMD daily thresholds would be exceeded • Reduction in vehicular emissions due to reduction by the Project's long-term emissions; however, in number of units. Mitigation Measures 7 and 8 Mitigation Measures 7 and 8 were provided to remain applicable. reduce Project's incremental impact. • Revised Project results in approximately 1,200 • Potential long-term cumulative impacts related to fewer tons of GHG emissions and incorporates a incremental contribution to emissions to the Basin, sustainability program. designated as non-attainment. Mitigation • GHG emissions from the Project are not "new" Measures 7 and 8 were provided. emissions compared to 2002 Project. GHG emissions are from sources previously disclosed in 2002 Project. Noise • Potential impacts related to short-term • Reduction in construction equipment noise due to construction noise increase. Mitigation Measures reduced unit count and quantity of import soil. 1 and 2 were provided. Mitigation Measures 1 and 2 for construction PARKSIDE ESTATES 1-7 ADDEND UM EIR MAY 2009 CITY OF HUNTINGTON BEACH Issues Analyzed Approved 2002]Project Revised 2008 Project © Potential impact to on- and off-site homes from remain applicable. Noise (Cont'd.) future active park uses. Mitigation Measure 3 was • No on-site and off-site impact due to reduced provided. active park size and uses. Mitigation Measure 3 is • No significant impact related to increase in traffic not necessary with the revised Project. noise levels along Graham Street. • Reduction in Project's contribution to vehicular • No significant cumulative impacts related to noise due to reduction in number of units and incremental increase in traffic noise levels in 2020. associated traffic. Earth Resources • Potential impacts related to settlements of peat • Reduction in units would result in fewer deposits within the upper five feet which could residences exposed to potential seismic, soils, and continue over the design life of the structures. ground shaking related risks. The Final EIR • Potential impacts related to on-site, mildly to Mitigation Measures 1 through 3 for the potential severely corrosive soils from soils with poor geologic risks remain applicable. pavement support characteristics, soils with low • Reduction in units would reduce the amount of shear strength, and impacts from soils shrinkage. dewatering required, lowering the potential for Mitigation Measures 1 and 2 were provided. local subsidence impacts. Mitigation Measure 4 • Potential impact related to ground shaking, remains applicable to the revised Project. liquefaction, and seismic settlement. Mitigation • Reduction in units would result in fewer Measures 1 through 3 were provided. residences exposed to potentially significant levels • Potential impact related to local subsidence of of residual hazardous materials in the soil from adjacent properties along the Project's northern prior farming operations. Mitigation Measures 5 property boundary and potential groundwater and 6 remain applicable. impacts due to dewatering. Mitigation Measure 4 was provided. • Potential impacts related to residual hazardous materials in the soil from prior farming operations. Mitigation Measures 5 and 6 were provided. Drainage/Hydrology • Potential impacts related to drainage pattern and • Reduction in number of units would result in less flooding. Mitigation Measure 1 was provided. runoff and fewer residences exposed to potential • Potential impacts related to water quality. flood related risks. Mitigation Measure 1 to Mitigation Measures 2 and 3 were provided. address the potential flood risks remains • Potential cumulative impacts related to drainage, applicable. flooding, and water quality. Mitigation Measures • Revised Project incorporates an NTS that uses 1 through 3 were provided. vegetated constructed wetland and open water to PARKSIDE ESTATES 1-8 ADDENDUM EIR MAY 2009 CITY OF HUNTINGTON BEACH Issues Analyzed Approved 2002 Project Revised 2008 Project treat storm water and weather runoff. The water Drainage/Hydrology treatment system would result in a net (Cont'd.) improvement in storm water quality discharged to the ocean. Mitigation Measures 2 and 3 remain applicable. Biological Resources • No identified impact related to the County parcel • Revised Project increases the on-site area wetland habitat. dedicated OS-C by 19.4 acres, increases the • Potential project-specific and cumulative impacts habitat value of the site, and improves storm water related to native raptor birds during the nesting quality. Mitigation Measure 1 related to raptors season. Mitigation Measure 1 was provided. remains applicable. Cultural and Paleontological • Potential impact related to archaeological sites • Revised Project grading and construction would be Resources CA-ORA-1308 and 1309. Mitigation Measures I reduced but would still involve ground through 3 were provided. disturbance. Mitigation Measures 1 through 3 • No identified impact to historic resources. remain applicable. • No identified impact to paleontological resources. Public Services and Utilities • Potential project-specific and incremental • Overall reduction in service and utility demand cumulative impacts related to public services and due to 59 less units. Increase in number of utilities, including fire, police, schools, community elementary and middle school students due to services, water, sewage, natural gas, electrical Ocean View School District's modified student services and facilities. Mitigation Measures 1 generation factor. Decrease in number of high through 18 were provided. school students. Mitigation Measures 1 through 18 remain applicable. ® NTS would result in net improvement in storm water quality discharged to the ocean. PARKSIDE ESTATES 1-9 ADDENDUMEIR MAY 2009 CITY OF HUNTINGTON BEACH 1.5 EXISTING DOCUMENTS TO BE INCORPORATED BY REFERENCE Section 15150 of State CEQA Guidelines permits an environmental document to incorporate by reference other documents that provide relevant data. Documents listed below are hereby incorporated by reference and pertinent material is summarized throughout this Addendum where it is relevant to analyses of Project impacts. Documents incorporated by reference are available for review at the City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648, Attention: Mr. Scott Hess—Director of Planning. • Final EIR No. 97-2(2002) • Adopted CCC Findings for Major Amendment Request No. 1-06 to the City of Huntington Beach Certified LCP LUP(2008). Refer to Appendix B. • Revised(2008) Shea Homes project application for the Parkside Estates Project, including: o Revised TTM application o Entitlement Plan Amendment application o Revised Tentative Tract 15377 o Revised Tentative Tract 15419 o Preliminary Title Report for TTM 15377 o Preliminary Title Report for TTM 15419 o Water quality evaluation for TTMs 15377 and 15419 o Rough grading plans for TTM 15377 o Updated geotechnical reports o Recent photographs, printed index sheet of numbered photographs, and a photo key map depicting locations of photographs o Written narrative describing existing and proposed use of property o Revised site plans for revised Tentative Tract 15377 o Revised conceptual architectural floor plans and elevations o Revised conceptual landscape architectural plans o Revised phasing plan for Tentative Tract 15377 o Revised parking plan for Tentative Tract 15377 o Zoning conformance matrix relative to revised Tentative Tracts 15377 and 15419 o Revised Wall and Fence Plan for TTM 15377 Please see Appendix C of this Addendum for the Parkside Estates Sustainability Program (Sustainability Program)that was submitted as part of the revised application. 1.6 CONTACT PERSONS The Lead Agency for the Addendum for the Parkside Estates Project is the City of Huntington Beach. Questions about preparation of this Addendum, its assumptions, or its conclusions should be referred to: City of Huntington Beach Mr. Scott Hess—Director of Planning 2000 Main Street Huntington Beach, CA 92648 (714) 536-5271 PARKSIDE ESTATES 1-10 ADDENDUM EIR MAY 2009 CITY OF HUNTINGTON BEACH 2.0 PROJECT DESCRIPTION HON 2.1 PROJECT LOCATION The Project site is approximately 50 ac located on the west side of Graham Street between Warner Avenue and Slater Avenue in the City of Huntington Beach. The northern border of the site is bounded by existing medium-high density condominiums on Bolsa Chica Street and low-density residential development located along Greenleaf Lane and Kenilworth Drive. Graham Street bounds the eastern border, with low-density residential land uses located east of Graham Street. The southern border is bounded by the East Garden Grove-Wintersburg Flood Control Channel (which carries storm drain runoff to the Pacific Ocean), with low-density residential abutting the south side of the channel. The location of the Project in relation to the regional and local setting is displayed in Figure 2-1. 2.2 PROJECT SITE HISTORY The Project site is currently vacant and is being farmed for vegetables. The property has been subject to farming activities for over 50 years, including regular clearing,discing, and cultivation activities.A portion of the property was also used as a temporary equestrian facility, which has been abandoned and removed. A grove of eucalyptus trees has long existed on site near the northwest corner of the Project site. The Project site has been subject to planning and entitlement actions for several decades, and the site has been zoned for residential use since 1971. At the time EIR No. 97-2 was drafted, the Project site was divided between the City and unincorporated Orange County. The approximately 5 ac County parcel has since been annexed, and the entire Project site is currently within the City limits. Between 1952 and 1959, agricultural cultivation covered the majority of the Project site.By 1970,the East Garden Grove-Wintersburg Flood Control Channel, located south of the Project site, was constructed, and agricultural uses on the site continued. In 1974, the Metropolitan Water District of Southern California (MWD) purchased the site from Signal Landmark. In February 1975, stables were identified on the site. From June 1975 to December 1989, the Project site was leased to Roy C. Purshe for cultivation of crops. From 1980 to 1989, MWD leased portions of the site to Smoky's Stables. Historical site photos identify exercise and show rings, stables,and trailers on site. In 1986,the City took action to change the land use designation on most of the Project site(known as the MWD property) from Residential to Conservation in the Coastal Element LUP. At that time, the City was actively negotiating with the County over the ultimate land use for Bolsa Chica. The City decision in 1986 to designate the MWD property as Conservation was partly in response to a proposal by the County and Signal Landmark to intensively develop Bolsa Chica. The MWD was designated "Conservation" in response to the County's intense land use plan for Bolsa Chica. In 1988, a Bolsa Chica Coalition was successful in negotiating a much less intensive Bolsa Chica LUP. Consequently, the Bolsa Chica Coalition plan proposed residential development on the MWD property. PARKSIDE ESTATES 2-1 ADDEND UM EIR Sq� �r�GQ 1 a�� 05 CpQST �. PROJECT LOCATION pq�J HWY AT�r CC'EAN EXHIBIT 2-1 NO SCALE SOURCE Hunsaker&Associates,Inc. Project Location MAY 2009 CITY OF HUNTINGTON BEACH In December 1981, the site was designated as "Severely Degraded Historic Wetland—Not Presently Functioning as Wetland." In February 1989, approximately 8.3 ac of the City parcel (along the north boundary below the eucalyptus trees found on site) and 0.4 ac of the County parcel were identified as jurisdictional wetlands by the United States Environmental Protection Agency (EPA). In October 1991, a report by D.R. Sanders and Associates, Inc. concluded that the 8.3 ac area determined to be jurisdictional wetlands by the EPA is instead non jurisdictional "prior converted croplands." In May 1992, a letter from the United States Army Corps of Engineers (Corps) also reclassified the 8.3 ac area from "jurisdictional wetlands" by the EPA as "prior converted croplands;" therefore, it was not subject to Corps Section 404 permit requirements. In 1992, the CCC approved CDP 5-82-278 for another stable operation to be located on a portion of the site, including a parking area and caretaker residence. In September 1993, a portion of the site located in the City was subsequently leased for 1 year to Norman L. Abbott for agricultural purposes. On June 15, 1994, the CCC issued an Exemption Letter for "Hole-in-the-Wall" stable facilities, including 22 horse stalls on a 16,000-square-foot(sf)site. In January 1996, a letter was sent to MWD from the United States Fish and Wildlife Service (USFWS). This letter affirmed that none of the land making up the Project site lies within a prospective federal wetland restoration Project area(known as the Bolsa Chica Wetlands Restoration Project). In March 1996, the County portion of the site was analyzed as part of the overall Bolsa Chica Project EIR(Orange County Project No. 551). The Existing Habitats Map contained within this EIR described the City portion of the site as "Agricultural,""Ruderal,""Exotic Trees,"or"Nonnative Grassland."The County portion of the site was described as"Nonnative Grassland"or"Pickleweed." In September 1996, Shea Homes purchased the site. In January 1997, the CCC certified the Bolsa Chica Project LCP, in which the LCP designated the County portion of the site for residential development. 2.2.1 Prior CEQA Documentation The 50 ac site also has been evaluated in previous environmental planning documents, including: • Draft Environmental Impact Statement (EIS)/EIR for the Proposed Bolsa Chica Project, August 1992—The Project site was previously analyzed in 1992 as part of the larger 1,712 ac site proposed for development. The proposed land uses were residential. Preparation of the EIS/EIR was not completed, and therefore the report was never approved by the Lead Agencies. • Revised Draft EIR No. 551 for the Bolsa Chica Project LCP, December 14, 1994 — The Project site was previously analyzed as part of this EIR, which was certified by the County of Orange on December 14, 1994. The Board of Supervisors certification of Final EIR No. 551 was challenged by the filing of a petition for writ of mandate in Bolsa Chica Land Trust et al. v. County of Orange, Superior Court No. 741344. On February 16, 1996, the Orange County Superior Court rendered its decision in the lawsuit. The court rejected all challenges to the review of particular environmental impacts but also ruled that the reinstatement of the tidal inlet within the Project after the close of the public comment period on the 1994 Revised Draft EIR rendered the Project description unstable and required recirculation of the EIR. • Recirculated Draft EIR No. 551, March 1996—The County portion of the site was included as part of the Recirculated Draft EIR for the Bolsa Chica Project, which contained a revised Project PARKSIDE ESTATES 2-3 ADDENDUM EIR MAY 2009 CITY OF HUNTINGTON BEACH description and the environmental analysis for the tidal inlet in accordance with the Orange County Superior Court's order of February 1996. • General Plan Update EIR, May 1996 —The 44.66 ac portion of the Project site located in the City of Huntington Beach was evaluated within the General Plan Update EIR, which was certified on May 13, 1996. The General Plan, adopted on May 13, 1996, is composed of 16 separate elements: land use, urban design, housing, historic and cultural resources, economic development, growth management, circulation, public facilities and public services, recreation and community services, utilities, environmental resources/conservation, air quality, coastal, environmental hazards,noise, and hazardous materials. The Land Use Plan Map adopted with the General Plan designates the City portion of the Project site as RL-7 (Residential—Low-Density— maximum 7 units per acre)and OS-P(Open Space—Park). • EIR No. 97-2 - In September 1997, the City prepared an Initial Study for the proposed Shea Homes Project and determined that an EIR was necessary to analyze the potentially significant environmental effects associated with build out of the proposed Project. Draft EIR No. 97-2 was circulated for public review in 1998, and a document titled"Parkside Estates New Alternatives to the Draft Environmental Impact Report #97-2" was circulated in 2001. The Final EIR No. 97-2 was certified in October 2002. 2.3 CITY APPROVED PROTECT (2002) The proposed Project, as originally analyzed in the Draft EIR, was eventually rejected, and Alternative 7, Reduced Density Alternative(9-lot County)was approved by the City (see Exhibit 2-2, City-Approved Land Use Plan [2002]). The EIR evaluated Alternative 7 as a 171-unit Project,but the City approved Alternative 7 with 170 residential units. This Addendum considers the effects of the changes to the Project plans between approval of Alternative 7 (in 2002) and the CCC's suggested modifications to the LCP Amendment (see Exhibit 2-3, Revised LUP with CCC-Suggested Modifications [2008]). Alternative 7 resulted in reduced impacts compared with the original Project because it completely avoided impacts to the eucalyptus trees and to EPA-delineated "pocket" wetlands on the former County portion of the site. As a result of these changes to the original plan, Alternative 7 provided a buffer from the closest residential use to the southern grove of eucalyptus trees at the westerly edge of the Project site, as recommended by the California Department of Fish and Game (CDFG). Based on City staff recommendations, one lot within the County parcel was deleted (during the City's approval process) to achieve a minimum 100 ft buffer between the proposed homes and the potential wetlands on the former County portion of the site, and the total number of units approved by the City was reduced to 170. 2.3.1 Previous Discretionary Actions by the City of Huntington Beach This section describes discretionary actions that were approved by the City in 2002 for the subject property. 1. Certification of EIR No. 97-2.Acceptance of an environmental document as having been prepared in compliance with CEQA,the State CEQA Guidelines,City policies,and certification that the data were considered in final decisions on the Project. 2. Annexation 98-1. An annexation of the approximately 5 ac County parcel to the City through the Local Agency Formation Commission(LAFCO). A concurrent annexation to the Orange County Sanitation District(OCSD)also occurred. PARKSIDE ESTATES 2-4 ADDENDUMEIR j a q 4 4Gl��att tea RL r i 4 '°..y"�t„ �i. 'y'v,.F t•'. .p�d,Y ^'kva,d�t .. e a, ;: * LEGEND ERESIOENTIAL-37.4 AC.'_ - PARKS EXISTING 4.5 AC :, PARKS PROPOSED-3.9 AC.?' OPEN S ACEICt?NSEF 4'�4TION'3.7AC. EXHIBIT 2-2 N NO SCALE SOURCE:xunsaker&Associates,Inc. City Approved Land Use Plan(2002) 1� - R, . RL eA LEGEND a, w � n RESIDENTIAL. 26,4 AC,t OPEN SPACE?CONSERVATION•23_d AC.2 I . COMBINATION OF ACTIVE AND PASSIVE PUBLIC PARK AND NEIGHBORHOOD PARK EXHIBIT 2-3 N SCALENO SOURCE:Hunsaker&Associates,Inc. Revised Land Use Plan with CCC Suggested Modifications(2008) SO MAY 2009 CITY OF HUNTINGTON BEACH 3. General Plan Amendment No. 98-1. The City approved an Amendment to the City's General Plan Land Use Map to accommodate a park site as part of the Project. The City approved modification to the Land Use Map so that a portion of the site designated RL-7 would be changed to OS-PR (Open Space — Parks and Recreation) and OS-C (Open Space — Conservation). The City also removed the fire station designation and descriptions of a fire station on the site found within the General Plan. Since no lowland development was approved as part of the Bolsa Chica Project, the City determined that a fire station at this location was unnecessary. Therefore, the City removed this designation from Figure PF-1, Public Facility Locations of the Land Use Element. 4. Zoning Map Amendment No. 96-5. The City approved a zoning map amendment from Residential Agriculture—Coastal Zone(RA-CZ)to Open Space—Parks and Recreation—Coastal Zone (OS-PR-CZ), which would bring the zoning into consistency with the General Plan and amend a portion of the Residential Low-Density — Floodplain District— Coastal Zone (RL-FP2- CZ) zone to OS-PR-CZ to reflect the park boundary. The purposes of the zone amendments were to: (1)correct an earlier omission on the zoning map; and (2) bring the zoning (on the park component of the Project) into consistency with the General Plan designation. Additionally, the City approved a zoning map amendment to pre-zone the approximately 5 ac County of Orange parcel as RL-FP2-CZ. 5. TTM 15377 (City) and TTM 15419 (County). The City approved TTM 15377 and TTM 15419 to subdivide the site into lots for development. 6. CUP No. 96-90. The City approved the CUP to allow for proposed development, which included the following: a. Development of 170 detached single-family units. b. Dual-product lot sizes to include 50 ft wide lots with a minimum lot size of 5,000 sf(with an average lot size of over 5,700 sf), and 60 ft wide lots with a minimum lot size of 6,000 sf (with an average lot size of over 7,000 sf). c. Dedication and improvement of a f8.2 ac neighborhood public park. d. Improvement of two model home and sales complexes. e. Infrastructure improvements, including: • Widening and improvements to the north levee of the East Garden Grove-Wintersburg Flood Control Channel; ® A new, enlarged storm drain; • Improvements to the Slater pump station; ® Construction of a vegetated flood protection feature (VFPF) (formerly referred to as a sea wall); • Improvements to the sewer lift station and force main; and 7. CDP No. 96-18. The City approved a CDP (subject to CCC action) to permit subdivision and development of the property per CUP No. 96-90 and TTMs 15377 and 15419. 8. LCP Amendment No. 96-4. The City approved the LCP Amendment in order to have the residential zoning designation reflected in the City's LCP, resulting in the establishment of the Coastal Zone (CZ) District on the entire Project site. The City approved the following designations for the Project site: RL(Residential—Low Density),OS-PR, and OS-C. PARKSIDE ESTATES 2-7 ADDEND UM EIR MAY 2009 CITY OF HUNTINGTON BEACH The above-listed actions by the City occurred at the time the EIR was certified in 2002. The City subsequently applied to the CCC for certification of an LCP Amendment to amend the LUP and Implementation Program (IP),which are the two components of the LCP. The IP Amendment request was subsequently withdrawn to allow the LUP Amendment to be heard and approved first. A summary of CCC actions pertaining to the Project are provided in the following sections of this Addendum. 2.4 CITY LCP AMENDMENT REQUEST/CCC APPROVAL OF LUP AMENDMENT WITH SUGGESTED MODIFICATIONS 2.4.1 City LCP Request LCP Amendment No. 1-06 was a request by the City of Huntington Beach for the CCC to amend the LUP portion of the LCP. The LUP Amendment was a project-specific amendment designed to make possible a low-density residential development on a vacant, approximately 50 ac site comprising three legal lots, most of which is currently in agricultural production. Of the total Project area, approximately 45 ac had long been located within the City. The remaining approximate 5 ac were, until 2004, located within unincorporated County of Orange jurisdiction. However, with the recent annexation, the entire site is currently within the city limits. Of the 45 ac portion of the site, approximately 40 ac were deferred CCC certification at the time the City's overall LCP was certified. The LCP Amendment incorporated the 40 ac and the newly annexed area into the City's existing LCP and established land use and zoning designations for those areas. The remaining 5 ac portion of the 45 ac area was certified as OS-C at the time the City's overall LCP was certified. The 40 ac area was originally deferred CCC certification due in part to potential wetland issues. The City's amendment, as requested in 2002, included designation of approximately 38.5 ac as RL-7, approximately 8.2 ac as OS-P, and approximately 3.3 ac as OS-C. The City later withdrew the IP portion of the LCP Amendment request to allow the LUP to be heard and approved first. The CCC recognized the withdrawal of the IP Amendment at its July 11,2007,hearing. 2.4.2 CCC-Suggested Modifications to the LUP Amendment CCC staff conducted a thorough evaluation of the City's LCP(later revised to LUP only)Amendment request, including consideration of alternative development scenarios for the Project site. At the May 2007 hearing in San Pedro, after presentations by staff and the applicant and public testimony, the CCC voted to deny the subject LUP Amendment, as submitted. A motion(i.e., the main motion)was made to approve the LUP Amendment with modifications, but, upon deliberation, the hearing was continued. The LUP Amendment was subsequently scheduled for CCC action at its hearing on July 9-13,2007. At the November 14, 2007, hearing, public testimony and CCC discussion included concerns regarding the extent of wetlands on site and the appropriate distance for Environmentally Sensitive Habitat Area(ESHA) buffer areas. The CCC found that the area referred to as the Wintersburg Pond (WP) was not wet enough, long enough to develop a preponderance of wetland vegetation or wetland soils; that the area known as the EPA wetland was wet enough, long enough, to support a preponderance of wetland vegetation or soils in 1996, and that any changes in local hydrology that may have taken place since that time were unpermitted; that a variable-width buffer distance would be adequate to protect the eucalyptus grove ESHA; and that areas referred to as "intermingled areas" found between the areas identified as wetland, ESHA, and buffer areas should not be designated OS- PARKSIDE ESTATES 2-8 ADDENDUMEIR MAY 2009 CITY OF HUNTINGTON BEACH C. The CCC adopted revised findings on May 7, 2008 to support and explain their November 2007 action. The revised findings made clear that the CCC rejected the 4:1 mitigation ratio for impacts to the 4 ac EPA wetlands and focused on the land use designations as decided at the November 2007 hearing. Restoration of the EPA wetlands is included in the on-site restored wetlands complex, and no additional mitigation is required. The revised findings also clarify the buffer and other requirements of the LUP Amendment approval with suggested modifications. At its November 14,2007, hearing,the CCC approved the proposed LUP Amendment with suggested modifications as revised at that hearing. At the May 7, 2008, hearing, the CCC adopted the revised findings with changes to support its decision, including a finding under CEQA that its approval of the LUP Amendment as modified would not result in significant adverse environmental impacts within the meaning of CEQA. Table 2-1 provides a summary of the suggested modifications adopted by the CCC in 2008 and Exhibit 2-3 depicts the revised land use plan that incorporated these modifications. The changes made by the CCC include changes in the areas of the site to be designated OS-C and the areas to be designated as the development envelope (which allows either active park or residential development). The OS-P designation was removed, and the area designated OS-C (for conservation of open space) was increased as a result of the CCC's action. Therefore, the land use designations approved for the site by the CCC are RL and OS-C. In addition, the changes made by the CCC at the hearing resulted in changes to the suggested modification regarding the width of the ESHA buffer area and uses allowed within that buffer area. Also, there are changes to the wetlands findings supporting the CCC's determination that the WP area is not a wetland and to eliminate the discussion on the intermingled areas. Finally, changes are made in the ESHA findings to support the variable- width ESHA buffer rather than the 100-meter ESHA buffer, and to allow a portion of a water quality Natural Treatment System (NTS) as an allowable use within a wider portion of the outer ESHA variable buffer in the southerly area of the site, subject to restrictions. Appendix A of this AEIR contains the CCC-Adopted Findings and CCC Certification Letter. Changes to the Parkside Estates Project addressed in this Addendum include changes to the Project plans to reflect the CCC's suggested modifications to the LUP Amendment. The Project changes include: • A decrease in the number of residential units from 170 to I I I units; • Commensurate reduction in development area from 37.4 ac to 26.4 ac; • Increased protection of biological resources; • Reallocation of land uses (including development area, conservation area, and active and passive parks); • Provision of additional mechanical treatment of on-site and off-site storm water; • Implementation of a Natural Treatment System(NTS)for storm water treatment; • Expansion of the eucalyptus ESHA designation and creation of a variable ESHA buffer, which includes restricted public access; PARKSIDE ESTATES 2-9 ADDEND UM EIR MAY 2009 CITY OF HUNTINGTON BEACH Table 2-1: Summary of CCC-Suggested Modifications Suggested Modification Summary 1. Updates subarea description LUP text updates reflect the California Coastal Commission(CCC) and Land Use Plan(LUP) action pertaining to the Project area. text 2. Modifies table titled Zone 2 The table updates reflect the CCC action pertaining to the Project to reflect the Parkside site land use designations,including the addition of an OS-C(Open Estates Project Space—Conservation)district and a Public district. 3. Change to figure in LUP Change to Figure C-6 in the LUP to reflect annexation and correct areas of certified land use designation. 4. Adds new figure to LUP New figure in LUP for the Parkside Estates site and the approved land use designation. 5. Adds a new subarea to Table The subarea addition to the table defines the characteristics and C-2 of the LUP design standards and principles, for the Parkside Estates subarea. Design standards and principles include a public access plan, a habitat management plan for all Environmentally Sensitive Habitat Area(ESHA)wetland and buffer areas,archaeological research design, a water quality management program, a pest management plan, a landscape plan, a biological assessment, a wetland delineation, a domestic animal control plan,hazard mitigation, and a flood protection plan. 6. New LUP text regarding Describes the Parkside Estates site as a public vista point visual resources opportunity. 7. New text regarding Describes wetlands restoration opportunity areas and eucalyptus eucalyptus ESHA and trees on the site's southwestern boundary at the base of the bluff wetlands and in the northwest corner of the site as ESHA. Designates the ESHA and buffer areas as OS-C. 8. New LUP policy Ties phasing of public access and recreation benefits to private development. 9. New LUP policy New residential streets between the sea and the first public road will be open to the public,and general public parking will be provided. 10. New and modified LUP Specifies requirements pertaining to Treatment and Source Control water and marine resources Best Management Practices(BMPs). policies 11. New LUP policy Clarifies that areas constituting wetlands or ESHAs that were converted without CCC approval are protected. PARKSIDE ESTATES 2-10 ADDENDUMEIR MAY 2009 CITY OF HUNTINGTON BEACH • Creation of a restored wetlands complex that includes the modified 4 ac restored EPA wetlands, the Agricultural Pond or "AP" wetland, and associated wetlands buffer (which overlaps the eucalyptus buffer in some areas); • Inclusion of a Vegetated Flood Protection Feature (VFPF) to provide flood control protection (substituting for the sea wall as considered in the Final EIR); and • A reduction in the amount of imported fill from approximately 270,000 cy to approximately 225,000 cy. The City Council accepted the suggested modifications and updated the Coastal Element of the City's General Plan for the Parkside Estates Project in June 2008. In August 2008, the CCC approved the Executive Director's determination (EDD) that the action of the City accepting certification of Local Coastal Program Land Use Plan (LCP) Amendment No. 1-06 with suggested modifications was legally adequate. The corollary changes to the Project plans are addressed in this CEQA Addendum. 2.5 COMPARISON OF PROJECT (2002 VERSUS 2008) The Parkside Estates 2002 City-approved land use plan and Tentative Tract Maps have been revised to incorporate the CCC's suggested modifications adopted by the City in June 2008. The revised land use plan and TTM are shown in Exhibits 2-3 and 2-5 respectively and follow the original City- approved plans (Exhibits 2-2 and 2-4) for easy comparison. Corollary changes to the originally approved CUP, CDP (in concept), GPA, and Zoning Code have also been proposed. As indicated in Table 1-1, there is a 59-unit reduction in the proposed units and a 19.4 acre increase in the amount of land that would be designated for conservation uses. Table 1-1: Land Use Comparison 2002 Project Revised Project Difference Land Use Acres Units Acres Units Acres Units (net) (net) (net) Residential (RL) 37.4 170 26.4 111 -11 -59 Open Space—Park OS-P) 8.4 n/a n/a n/a -8.4 n/a Open Space — Conservation 3.7 n/a 23.1 n/a +19.4 n/a (OS-C Total 49.5 170 49.5 111 0 -59 Source:Hunsaker(2008). PARKSIDE ESTATES 2-11 ADDEND UM EIR TRACT NO,10863 DEL MAR CONDO ------------ jv m It + "41 Jj ION PEACH CWNTY O DRANCi w,? ........... kons -Tv -T------ ST4n3ffxr W OWIERSx� v. Mum MP -w—Z r SheaHomes 40 z. M. 4- L P �7f COMBINED-REVISED TENTATIVE TRACT MAPS 4- NO.15377&15419 7 OITA ALTIMM�LAYOUT IXTAIL"�LQT Uhl WM ANNEXATION EXHIBIT 2-4 City-Approved 2002 Parkside Estates Tentative Tract Maps �j K£ VICtC H DR f '# TRACT NO.10953 'J� TRACT NO.6192 ` I � 1 NOTES ' 1 TYPICAL STREET SECTIONS NOT A A4RT LEGAL DESCRWTION LOT SUMMARY TABLE --_- - '. .r VIC"TY MAP LAND USE 31AWNARY I� $t 1\ , _ - `.� t -� COMBINED .... ., TENTATIVE TRACT MAPS - ". NO 15377 8 15414 EXHIBIT 2-5 N xl1�RCT--It mku AT N, Revised Parkside Estates Tentaive Tract Maps to Reflect the 2008 CCC-Suggested Modifications i woroulrn,�da.•�a���en.•��wa rL���i-c�I�d,d �ni.�wi MAY 2009 CITY OF HUNTINGTON BEACH 2.6 PROJECT COMMITMENTS The revised Project plans(see Exhibits 2-3 and 2-5 and revised application package on file at the City of Huntington Beach) reflect and incorporate the suggested modifications by the CCC, described above. The revised Project plans also incorporate additional Project features to reduce project-related energy and water consumption, reduce waste generation, and promote use of renewable resources, as requested by City staff and committed to by the applicant. These voluntary commitments are identified in the Sustainability Program appended to this document (Appendix C). The elements identified in the Sustainability Program go beyond the requirements of the Certified EIR Air Quality Mitigation Plan and are supplemented by additional commitments to reduce greenhouse gas (GHG) emissions as listed below. • Project Commitment—Construction.Prior to the issuance of building permits: o The Project plans and specifications shall include a statement that construction equipment shall be shut off when not in use and shall not idle for more than 5 minutes. o The Project plans and specifications shall include a statement that queuing of trucks on and off site shall be limited to periods when absolutely necessitated by grading or construction activities. o The Project plans and specifications shall include a statement that, to the extent feasible, all diesel- and gasoline-powered construction equipment shall be replaced with equivalent electric equipment. o The Project plans and specifications shall include policies and procedures for the reuse and recycling of construction and demolition waste (including,but not limited to, soil, vegetation, concrete, lumber,metal, and cardboard). o The Project plans and specifications shall include education for construction workers about reducing waste and available recycling services. • Project Commitment—Operation.Prior to the issuance of building permits: o The applicant shall demonstrate that the design of the proposed buildings or structures exceeds current(2008)Title 24 requirements. o The applicant shall demonstrate that the design of the proposed buildings or structures incorporates basic or enhanced insulation such that heat transfer and thermal bridging are minimized. (See also the Heating, Ventilation, and Air Conditioning (HVAC) component of the Sustainability Program,Appendix C.) o Air leakage through the structures or within the heating and cooling distribution systems shall be limited to minimize energy consumption. (See also the HVAC component of the Sustainability Program,Appendix C.) o The applicant shall demonstrate that the design of the proposed buildings or structures incorporates Energy Star-rated windows or better. (See also the Windows component of the Sustainability Program, Appendix C.) o The applicant shall demonstrate that the design of the proposed buildings or structures incorporates Energy Star-rated space heating and cooling equipment or better. (See also the Appliances/Fixtures component of the Sustainability Program,Appendix C.) o The applicant shall demonstrate that the design of the proposed buildings or structures incorporates Energy Star-rated light fixtures or better. (See also the Appliances/Fixtures component of the Sustainability Program,Appendix C.) o The applicant shall demonstrate that the design of the proposed buildings or structures includes consideration installation/operation of renewable electric generation systems. (See also the Potential Option component of the Sustainability Program,Appendix C.) PARKSIDE ESTATES 2-14 ADDENDUM EIR MAY 2009 CITY OF HUNTINGTON BEACH o The applicant shall demonstrate that the proposed building or structure designs incorporate energy-efficient hot water systems. (See also the Plumbing and Potential Option components of the Sustainability Program,Appendix C.) o The applicant shall demonstrate that the landscape plan for the proposed buildings or structures incorporates water-efficient irrigation systems and devices, such as soil moisture- based irrigation controls or irrigation controls that account for actual weather conditions. (See also the Site and Consumer Education components of the Sustainability Program, Appendix C.) o The applicant shall demonstrate that the design of the proposed buildings or structures includes measures to be water-efficient, such as water-efficient fixtures and appliances. (See also the Plumbing component of the Sustainability Program,Appendix C.) o The applicant shall demonstrate that all interior building lighting supports the use of compact fluorescent light bulbs or equivalently efficient lighting. (See also the Appliances/Fixtures component of the Sustainability Program,Appendix C.) PARKSIDE ESTATES 2-15 ADDEND UM EIR MAY 2009 CITY OF HUNTINGTON BEACH 3.0 COMPARATIVE EVALUATION OF ENVIRONMENTAL IMPACTS A comparative analysis has been undertaken pursuant to provisions of CEQA to provide City decision-makers with a factual basis for determining whether changes in the Project, changes in circumstances, or new information since Final EIR No. 97-2 was certified require additional environmental review or preparation of a subsequent or supplemental EIR. The basis for each finding is explained in the analyses that follow. Areas of potential environmental effect as a result of the Project, as identified in the Initial Study and addressed in EIR No. 97-2, are: • Land Use Compatibility • Aesthetics/Light and Glare • Transportation/Circulation • Air Quality • Noise • Earth Resources • Drainage/Hydrology • Biological Resources • Cultural and Paleontological Resources • Public Services and Utilities This Addendum compares anticipated environmental effects of the revised Project as modified by CCC action with those identified in EIR No. 97-2 to review whether any conditions set forth in Section 15162 of the State CEQA Guidelines requiring preparation of a subsequent or supplemental EIR are met. The Addendum also discusses the status and the applicability of the certified EIR Mitigation Measures. Mitigation measures that have been met and/or are no longer applicable to the revised Project are shown in italics print within the following sections as well as in the Mitigation Monitoring Program in Appendix B. PARKSIDE ESTATES 3-1 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AESTHETICS/LIGHT AND GLARE 3.1 LAND USE COMPATIBILITY 3.1.1 Existing Environmental Setting Please see Section 5.1 of certified 2002 Final EIR No. 97-2 for a detailed discussion of the existing environmental setting for land use. The Project site is an approximately 50 ac parcel of vacant, primarily agricultural land that is mostly devoid of native vegetation and located between the Wintersburg Flood Control Channel on the south, Graham Street to the east, and residential development to the north. The land west of the site is vacant and commonly known as the Bolsa Chica Mesa.Final EIR No. 97-2 presented and analyzed the proposed Project site development in the context of the City General Plan, Huntington Beach Zoning and Subdivision Ordinance, and Bolsa Chica LCP goals. The CCC findings state that the approximately 50 ac site is located in close proximity to the Bolsa Chica Wetlands restoration area. The Bolsa Chica Wetlands, at approximately 1,000 ac, is the largest remaining wetland in Southern California. Because it is tidally influenced, the Bolsa Chica Wetlands constitute "sea" according to the Coastal Act definition (Section 30115). Because there is no public road between the subject site and the Bolsa Chica Wetlands, the site is between the sea and the first public road. As such, the area is given special significance under the Coastal Act with regard to the requirement for the provision of public access. Further, the Coastal Act gives priority to land uses that provide opportunities for enhanced public access, public recreation, and lower-cost visitor recreational uses. Beyond the Bolsa Chica Wetlands restoration area is the Pacific Ocean and its sandy public beaches. Thus, public access across the subject site to the Bolsa Chica area would, in turn, facilitate public access,via alternate means of transportation(bicycle and pedestrian),to the ocean and beach beyond. The visitor-serving uses available within the Bolsa Chica Reserve (such as walking, nature study, or bird watching)are served by only two small parking areas. One is located at the Interpretive Center at the corner of Warner Avenue and Pacific Coast Highway and the second at about the midway point along the Reserve's Pacific Coast Highway frontage. There is no public parking available along Pacific Coast Highway adjacent to the Reserve; thus, the benefits of providing alternate forms of transportation to access the area (such as biking or hiking from inland areas) are substantially increased. The lack of adequate parking to serve the Reserve area is also a limiting factor in maximizing public use of the Reserve's amenities. Providing public parking on public streets in the Parkside Estates Project and ensuring that any future streets within the subject site are open to the public will maximize public access in the area. The Brightwater residential development, approved by the CCC under CDP No. 5-05-020 (Brightwater), is located less than 0.5 mile west of the subject site. That development was originally proposed as a private, guard-gated community. However, as approved by the CCC, the development is open to general public vehicular and pedestrian access and allows public parking on all subdivision streets. Also, as approved by the CCC,the development includes a public trail along the bluff edge of the development, with public paseos and pocket parks throughout. The CCC's approval also required public access signage(CCC Adopted Findings,pp. 52-53,Appendix A). PARKSIDE ESTATES 3-2 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AESTHETICS/LIGHT AND GLARE 3.1.2 Certified 2002 Final EIR No. 97-2 Impacts Please see Section 5.1 of the certified Final EIR No. 97-2 for analyses of the potential effects of the Parkside Estates Project to land use. The Final EIR concluded that there would be no impacts related to the on-site residential land use relationship, and that there would be no impacts related to on-site land use relationships between the proposed park and proposed residential uses. In addition,the Final EIR stated that establishment of new residential land use relationships with adjacent land uses would not result in significant impacts. There would be no impacts to land use relationships between the proposed park and existing off-site residential uses. Furthermore, the Final EIR concluded that the proposed Project would not result in impacts to the Land Use, Urban Design,Housing,Historic and Cultural Resources,Economic Development,Growth Management, Circulation, Public Services, Recreation and Community Services, Utilities, Environmental Resources/Conservation, Air Quality, Coastal, Environmental Hazards, Noise, and Hazardous Materials Elements of the City General Plan. The proposed Project evaluated in the Final EIR included amendments to the Coastal and Land Use Elements of the General Plan. The Final EIR also concluded that the Project would not result in project-specific or cumulative impacts to the LUP and Bolsa Chica LCP. Final EIR No. 97-2 concluded that the Project may result in significant impacts related to the provision of affordable housing and cumulative impacts related to inconsistencies with the City Affordable Housing Policy. Mitigation Measure 1 requires that 10 percent of the proposed housing units be affordable. A listing of the Certified EIR mitigation measures and their applicability to the revised Project are included in Section 3.1.5 and in the revised Mitigation Monitoring and Reporting Program (MMRP) in Appendix B. 3.1.3 Project Changes/Impact Analysis Changes to the Parkside Estates Project addressed in this Addendum include changes to the Project plans to reflect the CCC's suggested modifications to the LUP Amendment. Final EIR No. 97-2 was approved in 2002. Between 2003 and 2008,the applicant was engaged in additional studies,meetings with City and CCC staff, and several CCC hearings. As a result of all these efforts, including the CCC's Suggested Modifications to the LUP Amendment, the following key changes to the Project, relevant to Land Use Compatibility have been made: • A decrease in the number of residential units from 170 to I I I units; • Commensurate reduction in development footprint from 37.4 ac to 26.4 ac; C Increased protection of biological resources; • Reallocation of land uses (including development area, conservation area, and active and passive parks); • The area designated for OS-C increased from 3.7 ac to 23.1 ac (including a 0.6 ac passive park). • The area designated for an active/passive park will be decreased from 8.4 ac to 1.6 ac (a 1.0 ac active park in RL and 0.6 ac in OS-C). • Implementation of an NTS for storm water treatment. PARKSIDE ESTATES 3-3 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AESTHETICS/LIGHT AND GLARE Please see Section 2.0 of this addendum document for more information regarding the Project changes. The major land use effect of these key changes is a net increase in conservation of open space and a net decrease in development footprint. Other changes to the Project site plan, including modifications approved by the CCC,that may affect land use compatibility include changes to the site plan(e.g.,the reduced number of residential units, the reduced development footprint and increased area dedicated to open space, and the introduction of specific open space uses, including the NTS, the VFPF, and increased conservation area). The increased area dedicated to natural open space is consistent with residential uses; therefore, there are minimal changes to the Final EIR conclusions regarding on-site land use relationships between the proposed park/open space and proposed residential uses. The active recreation/park area has been reduced, and the natural, conservation open space area is larger. The number of dwelling units has also been reduced by approximately 59 units or 35 percent. The total area dedicated to open space (including OS-C, OS-P, and wetlands) increased from approximately 12 ac to approximately 23 ac (Table 1-1). The proposed Project changes include parallel modifications to the Land Use and Coastal Element amendments; therefore, the changes do not change the conclusion with regard to Project consistency with the City's General Plan. The increased area dedicated to natural open space, preservation and creation of wetlands, and dual mechanical and natural treatment of storm water before it is discharged to the ocean are all Project modifications that are intended to enhance the natural coastal environment, and are therefore consistent with the Bolsa Chica LCP. The CCC findings state that the LUP Amendment, as proposed and amended, will provide a Class I bicycle path, a public view area, a public park area, and interior trails as well as public parking along the residential streets. Such uses constitute lower-cost, visitor-serving recreational uses. As modified, the recreational and public access provisions will be constructed prior to or concurrent with the residential uses. Therefore, the CCC found that the proposed LUP Amendment is consistent with the sections of the Coastal Act pertaining to visitor-serving commercial recreational facilities that encourage provision of lower-cost public recreational facilities (CCC Adopted Findings, p. 62, Appendix A). The revised subdivision is similar to the 2002 approved Project, but a substantial part of the western portion of the subdivision has been eliminated and the density has been reduced from 170 units to I I I units. The allowable uses in the park will not be intensified compared to the approved 2002 Project. The buffers approved by the CCC for the separation of the RL and OS-C uses have been increased in some areas compared with the buffers included in Final EIR No. 97-2 for the former County portion of the site. Therefore,there are no changes in regard to Final EIR conclusions that there would not be project-specific or cumulative impacts to the land use compatibility nor the City General Plan and Bolsa Chica LCP. As stated in Section 3.1.2, the Final EIR included Mitigation Measure 1 to ensure compliance with the City's affordable housing policy. The mitigation measure requires the applicant to satisfy the City's policy which is based on a requirement that 10 percent of the proposed units be affordable, and allows policy compliance through a variety of methods, including payment of fees. The revised Project includes fewer units;therefore,the applicant's obligation to affordable housing in the City has been commensurately reduced. The applicant has already satisfied the requirement through the acquisition of off-site affordable units. Thus, the requirements of Mitigation Measure 1 have been PAWIDE ESTATES 3-4 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AESTHETICS/LIGHT AND GLARE satisfied, and there is no change in the conclusion of the Final EIR that this impact is reduced to below a level of significance with implementation of mitigation. 3.1.4 Cumulative Impacts Based on the foregoing analysis and information, there is no evidence that Project changes would result in more substantial or new significant cumulative impacts to land use compatibility than those cumulative impacts identified and analyzed in the certified Final EIR No. 97-2. 3.1.5 Standard City Policies and Mitigation Measures Based on the analysis above, the land use compatibility impacts of the 2008 Project revisions would remain the same or be reduced from those identified in the Certified Final EIR. However, the standard City policies and requirements identified in the Final EIR would still apply to the revised Project. Mitigation Measure 1 of the Final EIR has been satisfied by the Project applicant and is therefore no longer applicable. It is shown in italics below. 1. Prior to recordation of a final tract map, the applicant must satisfy the City's policy requiring 10 percent of proposed units to be affordable. This requirement must be satisfied to the discretion of the City Department of Planning through one of the following methods: A. Pay a fee to the City if such a process is available; B. Participate with other developers or a nonprofit organization to acquire and/or rehabilitate existing apartment units at any off-site location within a suitable area and provide for continued affordability; or C. Provide the required affordable units at one of Shea Homes' future multifamily projects within the City of Huntington Beach. 3.1.6 Conclusion The comparison of anticipated environmental effects of the proposed changes to the Parkside Estates 2002 Project with the land use impacts identified in the previously certified Final EIR supports the required CEQA findings below. Specifically, none of the conditions set forth in Section 15162 of the State CEQA Guidelines that would require preparation of a subsequent EIR have been met. • The revised Project would not result in new significant environmental impacts to land use compatibility, nor is there a substantial increase in the severity of impacts to land use compatibility from that described in the certified Final EIR No. 97-2. • There is no information in the record or otherwise available that indicates there are substantial changes in circumstances pertaining to land use compatibility that would require major changes to the certified Final EIR No. 97-2. C There is no substantial new information that there would be a new significant impact to land use compatibility requiring major revisions of the certified Final EIR No. 97-2. m There are no alternatives to the Project or additional mitigation measures that would substantially reduce one or more significant impacts pertaining to land use compatibility identified in and considered by the certified Final EIR No. 97-2. PARKSIDE ESTATES 3-5 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AESTHETICS/LIGHT AND GLARE 3.2 AESTIIETICS/LIGIIT AND GLARE 3.2.1 Existing Environmental Setting Visual Character Please see Section 5.2 of certified Final EIR No. 97-2 for a detailed discussion of the existing environmental setting for visual resources. Visual resources on the Project site include several eucalyptus trees located in the northwestern portion of the Project site and one stand in the southwestern portion of the site. The CCC Findings state that the subject site offers the opportunity to provide public views from the site to the Bolsa Chica Wetlands area and toward the ocean beyond. Trails and Corridors The Project is unfenced private property. Currently, and at the time the EIR was prepared and certified,some pedestrians choose to walk across the site. As stated in the Final EIR, a planned scenic route would run north-south along Bolsa Chica Street. In addition, Bolsa Chica Street is proposed to have a Class II bicycle lane. The Final EIR also refers to the LCP, which identifies an interpretive trail with limited access to be located along the East Garden Grove-Wintersburg Flood Control Channel, south of the site, and a proposed Class I bicycle and hiking trail to be located adjacent to the interpretive trail. Light and Glare According to the Final EIR,the existing site is vacant and does not generate light and glare;however, nighttime illumination is generated by the adjacent street lights and associated vehicular lights as well as the surrounding residential land uses. 3.2.2 Certified 2002 Final EIR No. 97-2 Impacts Visual Character Please see Section 5.2 of the certified Final EIR No. 97-2 for analyses of the potential effects of the Parkside Estates Project to visual resources. The Final EIR concluded that no sensitive visual resources exist on the Project site, and that the Project would not affect any existing or proposed City scenic routes. First, the Final EIR concluded that the proposed Project may result in a significant visual impact due to the reduction of viewable open space areas. Some members of the community may perceive this change as a negative aesthetic effect. The Final EIR includes Mitigation Measures I and 2 to require incorporation of City comments on the final design and layout of the buildings and approval of the landscaping plans. Mitigation Measure 3 requiring the replacement of mature trees was included in the Final EIR for the original Project's impacts to removal of on-site eucalyptus trees. The 2002 City-approved Project (Alternative 7) did not include eucalyptus tree removal and therefore, Mitigation Measure 3 did not apply to the 2002 City-approved Project. PARKSIDE ESTATES 3-6 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AESTHETICS/LIGHT AND GLARE Trails and Corridors The Project as approved at the time the Final EIR was certified included a public park in the northwest portion of the site.No designated trails were included in the park; however,the presence of a publicly accessible park would have allowed continued pedestrian use by the public across a portion of the site. The Final EIR concluded that the proposed Project may result in significant impacts to County- proposed trails. Class 1I bicycle lane is proposed by others to run north-south along Bolsa Chica Street; an interpretive trail is proposed to be located along the East Garden Grove-Wintersburg Flood Control Channel, south of the site; and a proposed Class I bicycle and hiking trail is proposed adjacent to the interpretive trail. Final EIR No. 97-2 includes Mitigation Measure 4 that requires approval of consistency of the proposed bikeway plan with the Orange County Bikeway Plan. ]Light and Glare The Final EIR determined that the proposed Project may result in significant impacts due to the increase of light and glare generated on site from vehicles. The proposed Project is expected to result in impacts to the surrounding residential development primarily to the north and to some extent to the east, as well as significant light and glare impacts to the off-site uses. Final EIR No. 97-2 incorporates Mitigation Measures 1-3 (related to glare)that require approval of the plan consistent with standards for roadway lightening, prevention of light spillage onto adjacent properties, and use of nonreflective materials. A listing of the Certified EIR mitigation measures related to aesthetics/light and glare and their applicability to the revised Project are included in Section 3.2.5 and in the revised Mitigation Monitoring and Reporting Program(MMRP)in Appendix B. 3.2.3 Project Changes/Impact Analysis Changes to the Parkside Estates Project addressed in this Addendum include changes to the Project plans to reflect the CCC's suggested modifications to the LUP Amendment. The Project changes related to Aesthetics/Light and Glare include: • A decrease in the number of residential units from 170 to 111 units; • A commensurate reduction in development area from 37.4 ac to 26.4 ac; • Increased protection of biological resources; • Reallocation of land uses (including development area, conservation area, and active and passive parks); • Expansion of the eucalyptus ESHA designation and creation of a variable buffer, which includes restricted public access; • Creation of a restored wetlands complex that includes the modified 4 ac restored EPA wetlands, the AP wetland, and associated wetlands buffer (which overlaps the eucalyptus buffer in some areas); • Inclusion of a VFPF to provide flood control protection (substituting for the sea wall as considered in the Final EIR); and Please see Section 2.0 of this addendum document for more information regarding the Project changes. PARKSIDE ESTATES 3-7 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AESTHETICS/LIGHT AND GLARE Visual Character The changes to the Project, including modifications approved by the CCC, that may affect the Final EIR conclusion regarding aesthetics include the reduced number of residential units, the reduced development footprint and increased area dedicated to open space, and the introduction of specific open space uses, including the NTS and increased conservation area. The revised Project includes additional buffer protection for the existing northwest grove of eucalyptus trees. The natural areas on the site will be planted with native species, and overall, the reduced development footprint and increased area of natural open space is considered to have a positive effect on the visual environment and does not change the conclusions of the Final EIR. The Final EIR identifies impacts as a result of a reduction of viewable open space areas as a potentially significant impact. Original Mitigation Measures 1 and 2 are still applicable to the revised Project and require incorporation of City comments and conditions in the site design plans and final landscape plans that include landscaping on the outside of the perimeter wall for the Project. The CCC findings state that the VFPF would provide an excellent opportunity to provide public views to and along the coast and scenic areas (CCC Adopted Findings, p. 57, Appendix A). The LUP Amendment text identifies the Project site as a vista point with public views toward the Bolsa Chica Wetlands and the Pacific Ocean. A public vista location is included in the revised Project as reflected in the revised TTMs (see Figure 2-5). The proposed Project changes result in an increase in the area preserved as open space compared with the Project as analyzed in Final EIR No. 97-2, and therefore a reduced impact with regard to changes to viewable open space compared with the Project as evaluated in the Final EIR. Trails/Corridors As stated above, there are no existing designated trails currently transecting the Project site, and the Project as approved in 2002 did not include any designated trails transecting the site. The CCC designation of the 2002 Project public park area as ESHA requires certain protections and restrictions of the natural resources in this area. Therefore,the CCC ESHA designation and accompanying access restrictions for the conservation areas do not represent substantial changes in circumstances nor result in new significant impacts. The CCC-suggested modifications included changes to the language of the LUP Amendment to further ensure and enhance the Project's public access and coastal recreation value. These changes include: ® Bicycle path along the East Garden Grove-Wintersburg Flood Control Channel adjacent to the site development; © Public(ungated) streets and parking within the proposed residential area; ® Phased implementation of recreation and public access benefits; and • Interior trail connections between Graham Street, future public park areas, and the bicycle path. These features have been incorporated into the revised Project plans. Improvements to the existing trail along the East Garden Grove-Wintersburg Flood Control Channel are included in the revised Project. The Parkside Estates Project also includes internal public trails and sidewalks that connect to the channel levee trail. A trail contemplated along the north property line has been found to be PARKSIDE ESTATES 3-8 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AESTHETICS/LIGHT AND GLARE infeasible due to the grade differential along the north property line and the ESHA protection requirements. Overall, the Project changes, including the CCC ESHA designation and the effect of ESHA protection requirements on pedestrian access, are balanced by the availability of public streets (rather than private streets with gate control) and the implementation of on-site trails and sidewalks combined with improvements to the channel levee trail. Suggested Modification No. 9 stipulates that roadways are public streets. Therefore,the Project street system will be available to the public, and any views from those streets would be enjoyed by the public. There is no change to the trail system associated with the Project; an interpretive trail is proposed to be located along the East Garden Grove-Wintersburg Flood Control Channel, south of the site, and a Class I bicycle and hiking trail is proposed adjacent to the interpretive trail. The suggested modifications include, and the CCC findings reference incorporation of, open fencing/wall, landscaped screening, use of an undulating or offset wall footprint, or decorative wall features (such as artistic imprints, etc.), or a combination of these measures for the bicycle path along the top of the levee. Final EIR No. 97-2 Mitigation Measure 4, which requires approval of consistency of the proposed bikeway plan with the Orange County Bikeway Plan, will continue to apply to the revised Project. Light and Glare With implementation of the revised Project features, Mitigation Measures 1 through 3 (under glare), Suggested Modifications Nos. 6 and 9 (see Section 2.5), and the overall reduction in the Project development footprint and increase in the natural open space on the site,the light and glare impacts of the revised Project are consistent with and reduced compared to those identified in the Final EIR. 3.2.4 Cumulative Impacts Based on the foregoing analysis and information, there is no evidence that Project changes would result in more substantial or new significant cumulative aesthetic impacts than those cumulative impacts identified and analyzed in the certified Final EIR No. 97-2. 3.2.5 Standard City Policies and Mitigation Measures Based on the analysis above, Project revisions would remain the same or be reduced from those identified in the Certified EIR. However,the standard City policies and requirements identified in the Final EIR would still apply to the revised Project. Mitigation Measures 1 and 2 (under Aesthetics) and Mitigation Measures 1 through 3 (under Light and Glare) listed below would still apply. However, Mitigation Measure 3 (under Aesthetics) is not applicable to the revised Project as no mature trees will be removed,and therefore,this Mitigation Measure is shown in italics below. Aesthetics 1. Prior to approval of building permits, the applicant shall provide proof of incorporation of City comments/conditions related to the overall proposed design and layout of buildings, and landscaping. The design and layout of buildings shall be approved by the City Department of Planning. PARKSIDE ESTATES 3-9 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AESTHETICS/LIGHT AND GLARE 2. Prior to issuance of building permits, the applicant shall submit a landscaping plan for the area outside the perimeter wall along Graham Street to be reviewed and approved by the City Department of Planning. 3. Prior to approval of building permits, the applicant shall provide a Landscape Plan to be approved by the Department of Public Works and the Department of Planning, which includes the replacement of all mature trees on the site at a 2:1 ratio with 36-inch box trees. 4. Prior to approval of building permits, the applicant shall submit a bikeways plan to the City of Huntington Beach Planning Division Department in consultation with the Manager of the County PFRD/HBP Program Management and coordination, for approval of consistency with the Orange County Bikeway Plan. Light and Glare 1. Prior to the approval of building permits, the applicant shall prepare a plan that shows the proposed height, location, and intensity of street lights on site. The plan shall comply with minimum standards for roadway lighting, and shall be reviewed and approved by the City Planning and Public Works Department. 2. Prior to the approval of building permits, if outdoor lighting is to be included, energy saving lamps shall be used. All outside lighting shall be directed to prevent"spillage" onto adjacent properties and shall be shown on the site plan and elevations. 3. Nonreflective materials shall be utilized to the extent feasible. Individual building site plans shall be reviewed and approved by the City Planning and Public Works Department. 3.2.6 Conclusion The comparison of anticipated environmental effects of the proposed changes to the Parkside Estates 2002 Project with the aesthetics/light and glare impacts identified in the previously certified Final EIR supports the required CEQA findings below. Specifically, none of the conditions set forth in Section 15162 of the State CEQA Guidelines that would require preparation of a subsequent EIR have been met. C The revised Project would not result in new significant environmental impacts to aesthetics/light and glare, nor is there a substantial increase in the severity of impacts to aesthetics/light and glare from that described in the certified Final EIR No. 97-2. ® There is no information in the record or otherwise available that indicates there are substantial changes in circumstances pertaining to aesthetics/light and glare that would require major changes to the certified Final EIR No. 97-2. ® There is no substantial new information that there would be a new significant impact to aesthetics/light and glare requiring major revisions of the certified Final EIR No. 97-2. S There are no alternatives to the Project or additional mitigation measures that would substantially reduce one or more significant impacts pertaining to aesthetics/light and glare identified in and considered by the certified Final EIR No. 97-2. PARKSIDE ESTATES 3-10 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH TRANSPORTATION/CIRCULATION 3.3 TRANSPORTATION/CIRCULATION 3.3.1 Existing Environmental Setting Please see Section 5.3 of certified Final EIR No. 97-2 for a detailed discussion of the existing environmental setting for traffic and circulation patterns. Appendix B of Final EIR No. 97-2 includes the Traffic Study for the Graham Street Residential Development. The site is currently cultivated and therefore does not generate traffic other than occasional farming-related trips. The primary regional access to the site is from the Interstate 405 (I-405), whereas the primary local west-east access is from Warner Avenue, with north-south access from Graham Street. As stated in the Final EIR, the City has determined that level of service (LOS) C or better is the acceptable standard for roadway links, whereas LOS D or better is the acceptable standard for intersections. The Final EIR analyzed six study area intersections (Bolsa Chica Street/Warner Avenue, Greenleaf Lane/ Warner Avenue, Graham Street/Warner Avenue, Springdale/Warner Avenue, Graham Street/ Glenstone, and Graham Street/Slater Avenue), and several roadway segments along Warner Avenue and Graham Street. The analysis of existing intersection LOS determined that all intersections currently operate at LOS C or better for both peak periods with existing traffic volumes. Because the Project proposes an additional access from Graham Street, a signal warrant analysis/traffic signalization analysis was performed. 3.3.2 Certified 2002 Final EIR No. 97-2 Impacts Please see Section 5.3 of the certified Final EIR No. 97-2 for analyses of the potential effects of the Parkside Estates Project to transportation and circulation. The Final EIR concluded that the Project would not result in adverse project-specific impacts related to vehicular traffic increases at the modeled intersections and roadway segments under the existing plus Project conditions and under short-term cumulative conditions. In addition, the Final EIR determined that the Project would not result in significant impacts related to parking. The Final EIR concluded that the proposed Project may result in significant short-term, construction- related impacts due to the addition of truck and construction traffic vehicles. Final EIR No. 97-2 incorporates Mitigation Measure 1, which requires implementation of a truck and construction vehicles rerouting plan. In addition, the Final EIR determined that the proposed Project may result in significant impacts to pedestrian, bicycle, and vehicular safety related to the establishment of access and an on-site circulation system. Final EIR No. 97-2 incorporates Mitigation Measures 2-4, which require: (a)construction of a traffic signal light and improvement of the proposed "A" Street/Graham Street intersection, (b)incorporation of the pedestrian/bicycle safety standards, and(c)restriping of Graham Street. Ultimately,the Final EIR concluded that the proposed Project, in conjunction with other past,present, and reasonably foreseeable future projects, will result in LOS deficiencies at the intersections of Bolsa Chica Street/Warner Avenue and Graham Street/Warner Avenue under the 2020 condition, and therefore would have a significant impact related to LOS before mitigation. Five mitigation measures are included in the Final EIR to address impacts to transportation and circulation, including construction traffic routing, a new traffic signal at proposed"A" Street and Graham Street, pedestrian and bicycle improvements, and restriping Graham Street. Final Mitigation Measure 5 requires the PARKSIDE ESTATES 3-11 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH TRANSPORTATION/CIRCULATION applicant to pay fair-share fees that would cover 2020 improvements at those two impacted intersections. A listing of the Certified EIR mitigation measures related to transportation/circulation and their applicability to the revised Project are included in Section 3.3.5 and in the revised Mitigation Monitoring and Reporting Program(MMRP)in Appendix B. 3.3.3 Project Changes/Impact Analysis Changes to the Parkside Estates Project addressed in this Addendum include changes to the Project plans to reflect the CCC's suggested modifications to the LUP Amendment. The Project changes related to Transportation/Circulation include: • A decrease in the number of residential units from 170 to I I I units; • A decrease in active/passive park from 8.4 acres to 1.6 acres(a 1.0-acre active park in RL and a 0.6-acre in OS-C) • A reduction in the amount of imported fill from approximately 270,000 cy to approximately 225,000 cy. Please see Section 2.0 of this Addendum EIR document for more information regarding the Project changes. The changes to the Project, including modifications approved by the CCC, that may affect transportation and circulation include the reduced number of dwelling units, reduced park site, and reduced quantity of fill required to regrade the site. The revised Project has 59 fewer units compared to the Project approved based on the Final EIR. The approximately 35 percent reduction in units will result in a commensurate decrease in the number of vehicular trips generated by the Project. Specifically, average daily traffic (ADT) would drop from 2,040 trips per day to 1,332 trips per day with the revised Project, and a.m. peak-hour trips would drop from 163 to 107, and p.m. peak-hour trips would change from 204 to 133 (see Table 3-1). 'fable 3-1: Summary of Trip Generation Rate Comparisons) AM Peak Hour PM Peak Hour Land Use Density ADT In Out Total In Out Total 2002 Single-Family 170 2,040 49 114 163 143 61 204 (Alternative 7 2008 Single-Family 111 1,332 1 32 75 107 93 40 133 Rates per San Diego Association of Governments(SANDAG)Traffic Generation Daily trips per unit: 12 AM Peak:8%of daily split 30:70(inbound:outbound) PM Peak: 10%of daily split 70:30(inbound:outbound) ADT=average daily traffic Despite the reduction in traffic resulting from the Project, the traffic and circulation Mitigation Measures 1 through 4 included in the Final EIR remain applicable to the revised Project. These mitigation measures include a construction traffic routing plan, physical traffic safety improvements such as installation of a traffic signal, incorporation of pedestrian/bicycle safety standards, and restriping Graham Street to include vehicular and bicycle lanes. PARKSIDE ESTATES 3-12 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH TRANSPORTATION/CIRCULATION The reduction in the number of dwelling units and reduced quantity of imported fill needed to regrade the site will result in a reduction in construction trips, particularly haul trips for fill and construction materials. However, Mitigation Measure 1 requiring a construction traffic routing plan is still required for the revised Project. Suggested CCC Modification No. 5 requires the following: (a) a Public Access Plan be developed for the Project, including the provision of a Class I Bikeway along the north levee of the flood control channel; (b) provision of a public vista point; (c) all streets be public; (d) provision of public access trails to the Class I Bikeway; (e) other public open space and Class I trails; (f) public access signage; and (g)visual treatment of privacy walls. These provisions in Suggested Modification No. 5 are consistent with, and build upon, Mitigation Measures 3 and 4,which addresses pedestrian and bicycle safety along the Project perimeter. In addition, Mitigation Measure 5 also remains applicable and requires the payment of fair-share fees for improvements to two intersections on Warner Avenue to offset contributions to cumulative effects at those intersections. 3.3.4 Cumulative Impacts Based on the foregoing analysis and information, there is no evidence that Project changes would result in more substantial or new significant cumulative impacts to transportation and circulation than those cumulative impacts identified and analyzed in the certified Final EIR No. 97-2. 3.3.5 Standard City Policies and Mitigation Measures Based on the analysis above, the traffic/circulation impacts from the 2008 Project revisions would remain the same or be reduced from those identified in the Certified EIR. However,the standard City policies and requirements identified in the Final EIR would still apply to the revised Project. Mitigation Measures 1 through 5 listed below would still apply to the Project. 1. Prior to issuance of grading permits, the applicant shall coordinate with the City of Huntington Beach in developing a truck and construction vehicle routing plan(including dirt import haul route). This plan shall specify the hours in which transport activities can occur and methods to minimize construction-related impacts to adjacent residents. The final plan shall be approved by the City Engineer. 2. Prior to the final inspection, the applicant shall construct a traffic signal and improve the intersection at the proposed"A" Street and Graham Street. 3. Prior to issuance of building permits, the applicant shall demonstrate to the satisfaction of the City Traffic Engineer that standards (including Americans with Disabilities Act [ADA]) regarding pedestrian/bicycle safety along the perimeter sidewalks will be met. 4. Prior to the final inspection, the applicant shall be responsible for restriping Graham Street from Glenstone to the Project access("A" Street)as follows: • Two 7-foot bike lanes; one 12-foot through lane in each direction; and a 14-foot two- way, left-turning median. PARKSIDE ESTATES 3-13 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH TRANSPORTATION/CIRCULATION Additionally, the applicant shall be responsible for restriping Graham Street from "A" Street to Warner Avenue, as follows: • Two 7-foot bike lanes; one 18-foot through lane in each direction; and a 14-foot two- way, left-turning median. 5. Prior to final inspection, the applicant shall participate in the applicable Traffic Impact Fees (TIF) for the City of Huntington Beach. The actual allocation shall be approved by the City. Appropriate credits shall be granted toward the TIF. The TIF shall cover the Project's fair share of year 2020 improvements to the arterial street system as follows: • Bolsa Chica Street/Warner Avenue —reconfigure intersection for east/west traffic to provide dual left turns and either three through lanes or an exclusive right-turn lane. The deficiency is a product of cumulative growth and not a direct result of the proposed Project. • Graham Street/Warner Avenue — reconfigure intersection to provide an exclusive southbound right-turn lane from Graham Street to Warner Avenue. This deficiency is a product of cumulative growth and not a direct result of the proposed Project. 3.3.6 Conclusion The comparison of anticipated environmental effects of the proposed changes to the Parkside Estates 2002 Project with the transportation/circulation impacts identified in the previously certified Final EIR supports the required CEQA findings below. Specifically, none of the conditions set forth in Section 15162 of the State CEQA Guidelines that would require preparation of a subsequent EIR have been met. • The revised Project would not result in new significant environmental impacts to transportation/circulation, nor is there a substantial increase in the severity of impacts to aesthetics/light and glare from that described in the certified Final EIR No. 97-2. • There is no information in the record or otherwise available that indicates there are substantial changes in circumstances pertaining to transportation/circulation that would require major changes to the certified Final EIR No.97-2. • There is no substantial new information that there would be a new significant impact to transportation/circulation requiring major revisions of the certified Final EIR No. 97-2. • There are no alternatives to the Project or additional mitigation measures that would substantially reduce one or more significant impacts pertaining to transportation/circulation identified in and considered by the certified Final EIR No. 97-2. PARKSIDE ESTATES 3-14 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AIR QUALITY 3.4 AIR QUALITY 3.4.1 Existing Environmental Setting Please see Section 5.4 of certified Final EIR No. 97-2 for a detailed discussion of the existing environmental setting for air quality.Appendix D of Final EIR No. 97-2 includes the assumptions and air quality calculations for the Parkside Estates Project. The site is located in the South Coast Air Basin (Basin) and therefore is under jurisdiction of the South Coast Air Quality Management District (SCAQMD) and the California Air Resources Board (ARB). The Final EIR states that at the time the Basin was designated as a nonattainment area for ozone, carbon monoxide, nitrogen dioxide, and particulate matter less than 10 microns in size (PM10) by the EPA and ARB. Sulfur dioxide, nitrogen dioxide, sulfate, and lead concentrations were below the State and federal standards. Subsequent to the adoption of the Final EIR, the Basin attained compliance with all carbon monoxide standards and the Basin has been re-designated as"attainment" for this pollutant. The site is currently cultivated, does not generate traffic other than occasional farming-related trips, and is assumed to generate negligible mobile and stationary source air emissions. 3.4.2 Certified 2002 Final EIR No. 97-2 Impacts Please see Section 5.4 of the certified 2002 Final EIR No. 97-2 for analyses of the potential effects of the Parkside Estates Project to air quality. The Final EIR concluded that the Project may result in significant impacts with respect to exceeding SCAQMD's daily threshold emissions levels for nitrogen oxides (NOX) during construction activities. The addition of emissions to the Basin is considered a significant impact under CEQA. The Final EIR incorporates Mitigation Measures 1 through 6,which require use of BMPs during the grading and construction. Final EIR No. 97-2 determined that the Project, in conjunction with the past, present, and reasonably foreseeable future projects, would result in short-term air quality impacts due to construction activities. The Final EIR includes Mitigation Measures 1 through 6, which necessitate implementation of BMPs during grading and construction activities. Final EIR No. 97-2 concluded that the Project, in conjunction with the past, present, and reasonably foreseeable future projects, would incrementally contribute to emissions to the Basin, which is designated as nonattainment. The Final EIR incorporates Mitigation Measures 7 and 8, which require a proof of contribution of fair-share fees toward the regional traffic improvements system for the area and installation of the energy savings features. A listing of the Certified EIR mitigation measures related to air quality and their applicability to the revised Project are included in Section 3.4.5 and in the revised Mitigation Monitoring and Reporting Program(MMRP) in Appendix B. 3.4.3 Project Changes/Impact Analysis Changes to the Parkside Estates Project addressed in this Addendum include changes to the Project plans to reflect the CCC's suggested modifications to the LUP Amendment. The Project changes related to Air Quality include: PARKSIDE ESTATES 3-15 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AIR QUALITY • A decrease in the number of residential units from 170 to 111 units; • A decrease in active/passive park from 8.4 acres to 1.6 acres (a 1.0-acre active park in RL and a 0.6-acre in OS-C) • A reduction in the amount of imported fill from approximately 270,000 cy to approximately 225,000 cy. Please see Section 2.0 of this Addendum EIR document for more information regarding the Project changes. The changes to the Project, including modifications approved by the CCC, that may affect air quality include the reduction in the number of residences, the reduced park area, and the reduced import of fill. The reduction in the number of dwelling units will result in a commensurate reduction in vehicular trips generated by the Project and therefore a reduction in vehicular emissions as a result of the Project. The reduced quantity of fill needed to create the appropriate grade of the site is expected to result in fewer haul trips to deliver fill and reduced construction activity to grade the site. A reduction in construction emissions may be realized. Mitigation Measures 1 through 6 to reduce construction emissions, as included in the Final EIR for the Project, are applicable to the revised Project. A summary of the criteria pollutants emissions associated with the revised Project is provided in Table 3-2. The changes to the Project result in fewer emissions of each pollutant. None of the pollutants are emitted at levels that would exceed SCAQMD thresholds; however, Mitigation Measures 7 and 8 to assist in reducing long-term operational emissions would still apply. Table 3-2: Project Emission Summary/Criteria Pollutants Pollutant Emissions,lbs/da Source CO ROC I NOx I SO2 PMIO PM2.5 A roved Land Uses Stationary Sources 9.1 11 L35 0.01 0.12 0.12 Mobile Sources 230 21 0.22 36 7.0 Total Emissions 239 32 0.23 36 7.1 Planned Land Uses Stationary Sources 5.9 7.2 2.7 0.01 0.07 0.07 Mobile Sources 150 13 20 0.14 23 4.6 Total Emissions 156 20 23 0.15 23 4.7 Net Change -83 -12 -12 -0.08 -13 -2.4 SCAQMD'Thresholds 550 55 55 150 150 55 Significant? No No I No No I No No CO=carbon monoxide PM15=particulate matter less than 2.5 microns in size lbs/day=pounds per day ROC=reactive organic compounds NOx=nitrogen oxides SO2=sulfur dioxide PM10=particulate matter less than 10 microns in size Additional information is also included in this Addendum regarding GHG emissions and global climate change. In June 2005, Governor Schwarzenegger established California's GHG emissions reduction targets in Executive Order S-3-05. The Executive Order established the following goals: Statewide GHG emissions should be reduced to 2000 levels by 2010, to 1990 levels by 2020, and to PARKSIDE ESTATES 3-16 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AIR QUALITY 80 percent below 1990 levels by 2050. On January 18, 2007, California further solidified its dedication to reducing GHGs by setting a new Low Carbon Fuel Standard for transportation fuels sold within the State. Executive Order S-1-07 sets a declining standard for GHG emissions measured in carbon dioxide (COD equivalent grams per unit of fuel energy sold in California. The goal of the Low Carbon Fuel Standard is to reduce the carbon intensity of California passenger vehicle fuels by at least 10 percent by 2020. California's major initiatives for reducing GHG emissions are outlined in Assembly Bill 32 (AB 32), the "Global Warming Solutions Act" (Act), passed by the California State legislature on August 31, 2006; a 2005 Executive Order; and a 2004 ARB regulation to reduce passenger car GHG emissions. The statute begins with several legislative findings and declarations of intent, including the following: Global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California. The potential adverse impacts of global warming include the exacerbation of air quality problems,a reduction in the quality and supply of water to the state from the Sierra snow pack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems. (Health and Safety Code, Section 38501.) The State goal is to reduce GHG emissions to 1990 levels by 2020, a reduction of approximately 25 percent, followed by an 80 percent reduction below 1990 levels by 2050. The main strategies for making these reductions are outlined in a Scoping Plan, which, when completed, will include a range of GHG reduction actions that can include direct regulations, alternative compliance mechanisms, monetary and nonmonetary incentives, voluntary actions, and market-based mechanisms such as a cap-and-trade system. Pursuant to the requirements of AB 32, the State's reduction in global warming emissions will be accomplished through an enforceable statewide cap on global warming emissions that will be phased in starting in 2012. The Act required ARB to identify a list of"discrete early action GHG reduction measures" by June 30, 2007 (Health and Safety Code, Section 38560(a)). Once on the list, these measures are to be developed into regulatory proposals, adopted by the Board, and made enforceable by January 1, 2010. Additional early action items include a comprehensive framework of regulatory and nonregulatory elements that will result in significant and effective GHG emission reductions. As immediate progress in reducing GHGs can and should be made, AB 32 directed ARB and the newly created Climate Action Team (CAT)to identify a list of"discrete early action GHG reduction measures" that can be adopted and made enforceable by January 1, 2010. CAT is a consortium of representatives from State agencies who have been charged with coordinating and implementing GHG emission reduction programs that fall outside of ARB's jurisdiction. AB 32 requires ARB to adopt GHG emission limits and emission reduction measures by January 1, 2011, both of which are to become effective on January 1, 2012. ARB must also evaluate whether to establish a market-based cap-and-trade system. AB 32 does not identify a significance level of GHG for CEQA or National Environmental Policy Act (NEPA) purposes, nor has ARB or the City of Huntington Beach adopted such a significance threshold. PARKSIDE ESTATES 3-17 ADDEND UM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AIR QUALITY Senate Bill 375 (SB 375)was signed into law on October 1, 2008,which provides emission-reduction goals around which regions can plan, integrating disjointed planning activities and providing incentives for local governments and developers to follow new, conscientiously planned growth patterns. SB 375 enhances ARB's ability to reach AB 32 goals by directing ARB to develop regional GHG emission reduction targets to be achieved from the automobile and light truck sectors for 2020 and 2035. ARB will also work with California's 18 metropolitan planning organizations to: align their regional transportation,housing, and LUPs; prepare a"sustainable community strategy"to reduce the number of vehicle miles traveled in their respective regions; and demonstrate the region's ability to attain its GHG reduction targets. To address GHG emissions and global climate change in General Plans and CEQA documents, Senate Bill 97 (SB 97) (Chapter 185, 2007)requires the Governor's Office of Planning and Research (OPR) to develop CEQA guidelines on how to address global warming emissions and mitigate project-specific GHGs. OPR is required to prepare, develop, and transmit these guidelines on or before July 1, 2009. In the interim, the OPR, in conjunction with ARB, has published a CEQA and Climate Change Technical Advisory (June 19, 2008) outlining a recommended approach for evaluating climate change in CEQA documents. The primary requirements of the OPR approach are to conduct a good-faith effort to calculate a proposed Project's GHG emissions, determine significance, and mitigate any impacts to the extent feasible. GHG emissions are considered for their potential to contribute to global climate change. The short- term emissions are associated with the use of construction equipment during the fixed construction period. Therefore, there will be no ongoing increase in contribution to global warming as a result of construction emissions, and these contributions to cumulative GHG emissions and global climate change are not considered to be significant. The revised Project results in reduced construction GHG emissions compared to the Project evaluated in the Final EIR. Long-term emissions result from stationary sources as a result of the generation of solid waste, consumption of energy use in the proposed homes, and vehicular emission as a result of the trips generated by the Project. The operational, or long-term, emissions from the revised Project are not "new"emissions compared to the Project evaluated in the Final EIR; rather, GHG emissions are from sources previously identified in the Final EIR. The proposed Project will generate GHG emissions as a result of solid waste generation, energy consumption , off-site electricity generation and on-site natural gas consumption, and vehicular emissions. The proposed Project, as approved in 2002, included 170 dwelling units and approximately 2,040 ADT. This originally-approved development intensity results in the following estimated GHG emissions (using 2009 emissions factors) expressed as CO2 equivalent: Solid Waste(long-term): 240 tons per year Energy Use(long-term): 1,100 tons per year Vehicular Emissions(long-term): 4,000 tons per year Other Area Sources(long-term): 330 tons per year TOTAL: 5,670 tons per year The proposed Project, as revised since the Final EIR was certified, includes a reduced development footprint, a 35 percent reduction in the number of dwelling units, and an ADT of 1,332. The revised GHG emission(using 2009 emissions factors)compared to the 2002 Project are: PARKSIDE ESTATES 3-18 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AIR QUALITY Solid Waste(long-term): 150 tons per year Energy Use(long-term): 720 tons per year Vehicular Emissions(long-term): 2,600 tons per year Other Area Sources(long-term): 200 tons per year TOTAL: 3,670 tons per year As described in Table 3-3 below, the revised Project considered in this Addendum results in approximately 2,000 fewer tons of GHG emissions compared to the Project evaluated in 2002. In addition, the applicant has made voluntary commitments to reduce project-related energy consumption and waste generation(see Appendix C and Section 2.6 of this document). These project commitments would further reduce emissions of GHGs. Table 3-3: Project Emission Summary/GHG Source CO2 (tons/year) Approved Land Uses Stationary Sources 1,670 Mobile Sources 4,000 Total Emissions 5,670 Planned Land Uses Stationary Sources 1,090 Mobile Sources 2,600 Total Emissions 3,670 Net Change -2,000 Source:LSA Associates,Inc. Currently, in the Basin, there are no adopted significance thresholds for GHG emissions from residential or commercial development. The SCAQMD has adopted interim significance thresholds for stationary source emissions. The SCAQMD governing board adopted a threshold of 10,000 metric tons Of CO2-equivalent GHG emissions per year as potentially significant. If the stationary source threshold is applied as a surrogate for non-stationary sources such as residential development, the approved land uses would not exceed this level, even though the Project site is currently undeveloped with negligible emissions associated with farming activities. The proposed Project changes will not increase an impact previously identified or result in a new adverse impact related to air quality. The changes to the Parkside Estates Project that could have a potential effect on air quality are consistent with the certified Final EIR No. 97-2 regarding Project and cumulative effects to air quality do not require a major change to the certified Final EIR No. 97-2 and will not result in any new significant environmental impacts. Therefore, the comparison of anticipated environmental effects of the proposed changes to the Parkside Estates Project with the air quality impacts documented in the previously certified EIR supports the required CEQA findings below. Specifically, none of the conditions set forth in Section 15126 of the State CEQA Guidelines that would require preparation of a subsequent EIR have been met. PARKSIDE ESTATES 3-19 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AIR QUALITY 3.4.4 Cumulative Impacts Based on the foregoing analysis and information, there is no evidence that Project changes would result in more substantial or new significant cumulative impacts to air quality than those cumulative impacts identified and analyzed in the certified Final EIR No. 97-2. 3.4.5 Standard City Policies and Mitigation Measures Based on the analysis above, the air quality impacts of the 2008 Project revision would remain the same or be reduced from those identified in the Certified Final EIR. However, the standard City policies and requirements identified in the Final EIR would still apply to the revised Project. Mitigation Measures 1 through 8 listed below would still apply to the revised Project. 1. During grading and construction, the applicant shall be responsible for compliance with the following: A. During clearing, grading, earth moving, or excavation, maintain equipment engines in proper tune. B. After clearing,grading,earth moving, or excavation: (1) Wet the area down enough to form a crust on the surface with repeated soakings, as necessary, to maintain the crust and prevent dust pickup by the wind; (2) Spread soil binder; and (3) Implement street sweeping as necessary. C. During construction: (1) Use water trucks or a sprinkler system to keep all areas where vehicles move damp enough to prevent dust being raised when leaving the site; (2) Wet down areas in the late morning and after work is completed for the day; and; (3) Use low-sulfer fuel(0.05 percent by weight)for construction equipment. D. Phase and schedule construction activities to avoid high-ozone days. E. Discontinue construction during second-stage smog alerts. 2. During grading and construction, the applicant shall be responsible for compliance with the following(or other reasonably equivalent measures as required by the City Engineer): A. Require a phased schedule for construction activities to minimize daily emissions. B. Schedule activities to minimize the amount of exposed excavated soil during and after the end of work periods. C. Treat unattended construction areas with water(disturbed lands that have been, or are expected to be,unused for four or more consecutive days). D. Require the planning of vegetative ground cover as soon as possible on construction sites. E. Install vehicle wheel-washers before the roadway entrance at construction sites. F. Wash off trucks leaving the site. G. Require all trucks hauling dirt, sand, soil, or other loose substances and building materials to be covered, or to maintain minimum freeboards of 2 feet between the top of the load and the top of the truck bed sides. H. Use vegetative stabilization whenever possible to control soil erosion from storm water, especially on super pads. PARKSIDE ESTATES 3-20 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AIR QUALITY I. Require enclosures or chemical stabilization of open storage piles of sand, dirt, or other aggregate materials. J. Control off-road vehicle travel by posting the driving speed limit on these roads, consistent with the City standards. K. Use electricity from power poles rather than temporary diesel or gasoline power generators when practical. 3. During grading and construction, the applicant shall be responsible for ensuring that vehicle movement on any unpaved surface other than water trucks shall be terminated if wind speeds exceed 15 miles per hour(mph). 4. During grading and construction, the applicant shall be responsible for the paving of all access aprons to the Project site and the maintenance of the paving. 5. Prior to issuance of grading permits, the applicant shall be responsible for ensuring that construction vehicles be equipped with proper emission control equipment to substantially reduce emissions. 6. Prior to issuance of grading permits, the applicant shall be responsible for the incorporation of measures to reduce construction-related traffic congestion into the Project grading permit. Measures, subject to the approval and verification by the Public Works Department, shall include, as appropriate: • Provision of rideshare incentives; • Provision of transit incentives for construction personnel; • Configuration of construction parking to minimize traffic interference; • Measures to minimize obstruction of through traffic lanes; and • Use of a flagperson to guide traffic when deemed necessary. 7. Prior to final inspection, the applicant shall provide proof to the City's Traffic Engineer that the Project has contributed its "fair-share" toward regional traffic improvement system (traffic impact fees) for the area. This shall include efforts to synchronize traffic lights on streets impacted by Project development. 8. Prior to the final inspection, the applicant shall provide proof that the energy savings features have been installed in Project homes as required by the Uniform Building Code. Features may include: solar or low-emission water heaters, energy efficient appliances, double-glass paned windows, low-sodium parking lights, etc. 3.4.6 Conclusion The comparison of anticipated environmental effects of the proposed changes to the Parkside Estates 2002 Project with the air quality impacts identified in the previously certified Final EIR supports the required CEQA findings below. Specifically, none of the conditions set forth in Section 15162 of the State CEQA Guidelines that would require preparation of a subsequent EIR have been met. • The revised Project would not result in new significant environmental impacts to air quality, nor is there a substantial increase in the severity of impacts to aesthetics/light and glare from that described in the certified Final EIR No. 97-2. PARKSIDE ESTATES 3-21 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH AIR QUALITY • There is no information in the record or otherwise available that indicates there are substantial changes in circumstances pertaining to air quality that would require major changes to the certified Final EIR No. 97-2. • There is no substantial new information that there would be a new significant impact to air quality requiring major revisions of the certified Final EIR No. 97-2. • There are no alternatives to the Project or additional mitigation measures that would substantially reduce one or more significant impacts pertaining to air quality identified in and considered by the certified Final EIR No. 97-2. PARKSIDE ESTATES 3-22 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH EARTH RESOURCES 3.5 NOISE 3.5.1 Existing Environmental Setting Please see Section 5.5 of certified Final EIR No. 97-2 for a detailed discussion of the existing environmental setting for noise. Appendix C of Final EIR No. 97-2 includes the noise calculations prepared on the basis of traffic assumptions for the Parkside Estates Project. The site is currently cultivated, and therefore does not generate noise other than occasional farming-related equipment activity and vehicle trips. The City General Plan, Noise Element, identifies the sound level limit for all residential areas as 65 Community Noise Equivalent Level (CNEL) for outdoor and 45 CNEL for indoor areas. Because the area surrounding the Project site is primarily residential, sensitive receptors are present in the vicinity of the Project site. The principal source of noise on the site is from vehicular traffic on Graham Street and a two-lane commuter road that runs adjacent to the site. 3.5.2 Certified 2002 Final EIR No. 97-2 Impacts Please see Section 5.5 of the certified Final EIR No. 97-2 for analyses of the potential noise effects of the Parkside Estates Project. The Final EIR No. 97-2 concluded that the proposed Project would not result in a significant increase in Project-specific traffic noise levels along Graham Street. The increase in existing plus Project traffic noise levels would be approximately 0.8 A-weighted decibels (dBA). The Final EIR No. 97-2 determined that the Project, in conjunction with other past, present, and reasonably foreseeable future projects, would not result in a significant incremental increase (0.8 dBA) in traffic noise levels in 2020. The Final EIR does not anticipate noise levels in excess of 65 CNEL considering the sound reduction effects of the proposed wall along the northern property line and along Graham Street. Furthermore, the proposed Project, in conjunction with other past, present, and reasonably foreseeable future projects, will not result in short-term cumulative construction noise impacts. Final EIR No. 97-2 concluded that the Project may result in a potential significant short-term noise impact during exterior and interior construction activities. The Final EIR includes Mitigation Measures 1 and 2, which necessitate approval of the Noise Mitigation Plan and implementation of the feasible noise attenuation features during grading and construction activities. Lastly, the Final EIR concluded that the Project may result in potential long-term noise impacts. The Final EIR includes Mitigation Measure 3, which requires that constructed sound walls achieve maximum sound attenuation. A listing of the Certified EIR mitigation measures and their applicability to the revised Project are included in Section 3.5.5 and in the revised Mitigation Monitoring and Reporting Program (MMRP) in Appendix B. PARKSIDE ESTATES 3-23 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH EARTH RESOURCES 3.5.3 Project Changes/Impact Analysis Changes to the Parkside Estates Project addressed in this Addendum include changes to the Project plans to reflect the CCC's suggested modifications to the LUP Amendment. The Project changes related to Noise include: • A decrease in the number of residential units from 170 to 111 units; ® A decrease in active/passive park from 8.4 acres to 1.6 acres(a 1.0-acre active park in RL and a 0.6-acre in OS-C) ® A reduction in the amount of imported fill from approximately 270,000 cy to approximately 225,000 cy. Please see Section 2.0 of this Addendum EIR document for more information regarding the Project changes. The changes to the Project, including modifications approved by the CCC, that may affect noise effects include the overall reduction in the number of residences. Fifty-nine(59)fewer residences will result in a commensurate reduction in vehicular trips generated by the Project and therefore a reduction in the Project's contribution to vehicular noise on surrounding streets. The reduction in the number of dwelling units to be constructed and the associated reduced amount of fill required will result in an overall activity reduction, thereby reducing construction equipment noise. Mitigation Measures 1 and 2 to reduce construction noise are applicable to the revised Project. However, Mitigation Measure 3 regarding construction of a wall along the northern boundary is no longer applicable and necessary. This mitigation measure was originally proposed because of the size of the active park and the associated noise. As the size of the park is substantially reduced with the revised Project, construction of the wall to block the noise is no longer necessary. 3.5.4 Cumulative Impacts Based on the foregoing analysis and information, there is no evidence that Project changes would result in more substantial or new significant cumulative impacts to noise than those cumulative impacts identified and analyzed in the certified Final EIR No. 97-2. 3.5.5 Standard City Policies and Mitigation Measures Based on the analysis above, the noise impacts of the 2008 Project revisions would remain the same or be reduced from those identified in the Certified Final EIR. However, the standard City policies and requirements identified in the Final EIR would still apply to the revised Project. Mitigation Measures 1, 2, and 3b listed below would still apply. However, Mitigation Measure 3a is no longer applicable to the revised Project due to reduction in active park uses. This Mitigation Measure is shown in italics below. 1. Prior to issuance of grading permits, the applicant shall submit and have approved a noise mitigation plan to the Department of Planning that will reduce or mitigate short-term noise impacts to nearby noise-sensitive uses. The plan shall comply with the City of Huntington Beach Noise Ordinance and shall include,but not be limited to: A. A criteria of acceptable noise levels based on type and length of exposure to construction noise levels. PARKSIDE ESTATES 3-24 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH EARTH RESOURCES B. Physical reduction measures such as temporary noise barriers that provide separation between the source and the receptor, and temporary soundproof structures to house portable generators. C. Temporary generators (if utilized) shall be located as far as practical from sensitive noise receptors. D. Mitigation measures such as restrictions on the time of construction for activities resulting in high noise levels. 2. Prior to issuance of grading permits, the applicant shall produce evidence acceptable to the City Engineer that: A. All grading and construction vehicles and equipment, fixed or mobile, shall be equipped and maintained with effective muffler systems that use state-of-the-art noise attenuation. B. Stockpiling and/or vehicle staging areas shall be located as far as practicable from sensitive noise receptors. C. All operations shall comply with the City of Huntington Beach Noise Ordinance. 3a. Prior to issuance of grading permits, the applicant shall provide evidence (specifications) acceptable to the City Engineer that the new walls along the Project's northern property (along the rear property line of lot 103 to 2123 in Kenilworth Drive and the side property lines of lots 3125 on Greenleaf Lane of Tract 5792) will be conducted to achieve maximum sound attenuation. 3b. Prior to issuance of grading permits, the applicant shall provide evidence (specifications) acceptable to the City Engineer that the new walls along Graham Street (along the Project's boundary adjacent to the proposed homes) will be constructed to achieve maximum sound attenuation. 3.5.6 Conclusion The comparison of anticipated environmental effects of the proposed changes to the Parkside Estates 2002 Project with the noise impacts identified in the previously certified Final EIR supports the required CEQA findings below. Specifically, none of the conditions set forth in Section 15162 of the State CEQA Guidelines that would require preparation of a subsequent EIR have been met. ® The revised Project would not result in new significant environmental impacts to noise, nor is there a substantial increase in the severity of impacts to aesthetics/light and glare from that described in the certified Final EIR No. 97-2. • There is no information in the record or otherwise available that indicates there are substantial changes in circumstances pertaining to noise that would require major changes to the certified Final EIR No. 97-2. • There is no substantial new information that there would be a new significant impact to noise requiring major revisions of the certified Final EIR No.97-2. • There are no alternatives to the Project or additional mitigation measures that would substantially reduce one or more significant impacts pertaining to noise identified in and considered by the certified Final EIR No. 97-2. PARKSIDE ESTATES 3-25 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH EARTH RESOURCES 3.6 EARTH RESOURCES 3.6.1 Existing Environmental Setting Please see section 5.6 of the certified Final EIR No. 97-2 for a detailed discussion of the existing environmental setting for earth resources. Appendix E of Final EIR No. 97-2 includes the geotechnical assessments conducted in 1997 and 1998 and Phase I Assessment prepared for the proposed Parkside Estates Project. Appendix E also includes the County comments and a memo on the original geotechnical assessment prepared in 1997. The comments were addressed in the revised 1998 study. The site is flat, located on the Bolsa Gap floodplain, and is rich in native materials represented by Quarterly Alluvium,marsh,and intertidal channel deposits. According to the Final EIR,the Newport- Inglewood Fault Zone is located in the vicinity but does not encroach into the Project site zone. The fault is known to generate the highest on-site ground accelerations, producing moderate to large earthquakes that could affect the site. Due to the geographical location, the Project site is susceptible to tsunami run-up, seiche, and subsidence. As stated in the Final EIR, 8 site borings and 12 test pits were conducted on the site to determine groundwater levels and soils characteristics. Historically, groundwater was encountered as a seepage at various elevations; however, exploratory borings encountered water generally 6 ft below ground surface (bgs). The 65 cone penetrometer test(CPT) soundings indentified potentially liquefiable soils on site in the form of sands and silt. The Phase I Assessment conducted for the Final EIR revealed that the site is located southeast of the Steverson Bros. Boucher Site, which is under California Environmental Protection Agency (CalEPA) review. The Boucher landfill, which is currently closed, is located off site to the northwest; however, the landfill was determined to pose minimal public risk by the Department of Toxic Substances Control (DTSC). Furthermore, 500 ft northwest of the Project site, Cabo Del Mar condominiums have been developed on the landfill site. The Final EIR states that residual pesticides levels may be present on site due to the previous agricultural uses. In addition,the property is located within Orange County, which is designated as a Radon Zone 3 area (an area where radon gas levels have been estimated to be below 2 picocuries per liter[pCi/L]). The CCC findings state that the bluff along the western edge of the property is not considered a "coastal bluff."The CCC's staff geologist has evaluated the bluff s status and found that the bluff was carved by the ancestral Santa Ana River as it meandered across the Bolsa Chica lowlands. There is evidence that there were tidal wetlands in the Bolsa Chica lowlands prior to dike construction in the early 20th century, but tidal wetlands generally are not the site of extensive marine erosion. Indeed, they are commonly depositional, not erosional, and serve as an efficient buffer from marine erosion. The staff geologist concludes: "In summary, I believe that the bluff at the Shea Home property is best described as a river bluff and is not a coastal bluff in a genetic or geomorphic sense." Thus, the CCC finds that the bluff on the subject site is not a "coastal bluff' (CCC Adopted Findings, p. 61, Appendix A). 3.6.2 Certified 2002 Final EIR No. 97-2 Impacts Please see Section 5.6 of the certified Final EIR No. 97-2 for analysis of the effects of the Parkside Estates Project on existing earth resources. The Final EIR concluded that no active or potentially PARKSIDE ESTATES 3-26 ADDEND UM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH EARTH RESOURCES active faults exist on the site, and that there would be no impacts associated with the ground surface rupture on the Project site. The Final EIR determined that the potential for tsunamis and seiches is low. As stated in Final EIR No. 97-2, the proposed Project, in conjunction with other past, present, and reasonable foreseeable future projects, will not result in cumulative impacts related to geology/ soils. The Final EIR No. 97-2 concluded that the proposed Project would result in significant settlements of peat deposits within the upper 5 ft,which could continue over the design life of the structures without mitigation in the form of removal and/or surcharge. In addition, a potential exists for significant impacts from the on-site, mildly to severely corrosive soils from soils with poor pavement support characteristics, soils with low shear strength, and potential impacts from soils shrinkage. The Final EIR No. 97-2 includes Mitigation Measures 1 and 2, which require implementation of recommendations contained in Sections 7.0 and 8.0, respectively, of the Geotechnical Study into the earthwork activities. In addition, Final EIR No. 97-2 concluded that the proposed Project may be potentially susceptible to impacts related to ground shaking, liquefaction, and seismic settlement. Final EIR No. 97-2 incorporates Mitigation Measure 1, which necessities implementation of Section 7 of the Geotechnical Study recommendations. It also includes Mitigation Measure 3 which requires all structures to be designed in accordance with seismic provisions of the UBC to prevent any impacts associated with ground shaking. Final EIR No. 97-2 determined that the proposed Project may result in local subsidence of adjacent properties along the Project's northern property boundary due to dewatering and therefore also may result in potential groundwater impacts. Final EIR No. 97-2 incorporates Mitigation Measure 4, which recommends approval of the detailed Dewatering Plan. As stated in Final EIR No. 97-2, the proposed Project may also result in impacts from hazardous materials. Mitigation Measures 5 and 6 are incorporated in the Final EIR to reduce potential adverse effects to below a level of significance. Mitigation Measures 5 and 6 require completion of the Phase II environmental soil sampling and an estimation of radon gas levels and appropriate "clean up"measures if deemed necessary. A listing of the Certified EIR mitigation measures and their applicability to the revised Project are included in Section 3.6.5 and in the revised Mitigation Monitoring and Reporting Program (MMRP) in Appendix B. 3.6.3 Project Changes/Impact Analysis Changes to the Parkside Estates Project addressed in this Addendum include changes to the Project plans to reflect the CCC's suggested modifications to the LUP Amendment. The Project changes related to Earth Resources include: • A decrease in the number of residential units from 170 to I I I units; • Commensurate reduction in development area from 37.4 ac to 26.4 ac; • Reduction in the amount of imported fill from approximately 270,000 cy to approximately 225,000 cy. PARKSIDE ESTATES 3-27 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH EARTH RESOURCES Please see Section 2.0 of this Addendum EIR document for more information regarding the Project changes. The changes to the Project, including modifications approved by the CCC, that may affect earth resources include a reduction in the development footprint, reduction in the number of dwelling units, and reduction in the amount of imported fill required to construct the Project. The reduction in the number of dwelling units will result in fewer residences that are exposed to potential seismic-, soils-, and hazards-related risks. The reduction in the number of units also potentially reduces the amount of dewatering that will be required, thereby lowering the potential for subsidence impacts. These risks are mitigated to below a level of significance with the measures listed in Section 3.6.5. All six earth resources mitigation measures included in Final EIR No. 97-2 are applicable to the revised Project. Furthermore, the reduction in imported fill required to construct the Project results in reduced change to the topography of the site compared to existing conditions,which does not change any impacts originally identified for earth resources. 3.6.4 Cumulative Impacts Based on the foregoing analysis and information, there is no evidence that Project changes would result in more substantial or new significant cumulative impacts to earth resources than those cumulative impacts identified and analyzed in the certified Final EIR No. 97-2. 3.6.5 Standard City Policies and Mitigation Measures Based on the analysis above, the earth resources impacts of the 2008 Project revision would remain the same or be reduced from those identified in the Certified Final EIR. However, the standard City policies and requirements identified in the Final EIR would still apply to the revised Project. Mitigation Measures 1 through 6 listed below would still apply to the revised Project. 1. Prior to issuance of a grading permit, the recommendations contained in Section 7.0 of the geotechnical study, located in Appendix E of this document, shall be incorporated into the earthwork activities of the proposed Project to the satisfaction of the City Engineer. Earthwork activities include grading, clearing and demolition; site preparation;unsuitable soil removals; backcuts, excavation processing; compaction of all fills; mixing; benching; inspection; survey control; subgrade preparation; cut and fill slope construction; haul roads; import soils; structural load and settlements/subsidence measures;and storm drain relocation. 2. Prior to the issuance of a building permits, the recommendation contained in Section 8.0 of the geotechnical study, located in Appendix E of this document, shall be incorporated into the structural design of the proposed Project to the satisfaction of the City Engineer. Structural design activities include: foundation design; settlement, including foundation load, and seismically induced settlement; post-tension slab/foundations; mat foundations; other foundation recommendations, such as footing embedment, underslab treatment, and subgrade moisture content; concrete driveways, sidewalk, and flatwork; structural setbacks; retaining walls; other design and construction recommendations, such as lot drainage; utility excavations;utility trench backfill; corrosion,metallic structures;and concrete structures. 3. Prior to issuance of a building permit, it shall be proven to the Department of Public Works that all structures are designed in accordance with the seismic design provisions of the PARKSIDE ESTATES 3-28 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH EARTH RESOURCES Uniform Building Codes or Structural Engineers Association of California to promote safety in the event of an earthquake. 4. Prior to the issuance of grading permits,the applicant shall contract with a dewatering expert to prepare a detailed Dewatering Plan. This plan shall include the placement of monitoring wells near the northern property line to evaluate groundwater levels during the proposed Project dewatering activities. The dewatering activities shall be adjusted immediately if the monitoring wells show groundwater level changes that may affect subsidence of adjacent properties. The dewatering plan shall be reviewed and approved by the Department of Public Works. 5. Prior to issuance of grading permits, Phase II environmental soils sampling shall be conducted to determine the residual levels of pesticides in the soil. If inappropriate/unsafe levels are identified by this analysis, "clean-up" measures shall be recommended and implemented. The Phase II sampling and any necessary measures shall be approved by the Department of Public Works. 6. Prior to the final inspection, testing to verify the estimated radon gas levels shall be implemented as deemed necessary by the Department of Planning. 3.6.6 Conclusion The comparison of anticipated environmental effects of the proposed changes to the Parkside Estates 2002 Project with the earth resources impacts identified in the previously certified Final EIR supports the required CEQA findings below. Specifically, none of the conditions set forth in Section 15162 of the State CEQA Guidelines that would require preparation of a subsequent EIR have been met. ® The revised Project would not result in new significant environmental impacts to earth resources, nor is there a substantial increase in the severity of impacts to aesthetics/light and glare from that described in the certified Final EIR No. 97-2. • There is no information in the record or otherwise available that indicates there are substantial changes in circumstances pertaining to earth resources that would require major changes to the certified Final EIR No. 97-2. • There is no substantial new information that there would be a new significant impact to earth resources requiring major revisions of the certified Final EIR No. 97-2. • There are no alternatives to the Project or additional mitigation measures that would substantially reduce one or more significant impacts pertaining to earth resources identified in and considered by the certified Final EIR No. 97-2. PARKSIDE ESTATES 3-29 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH DRAINAGE/HYDROLOGY 3.7 DRAINAGE/HYDROLOGY 3.7.1 Existing Environmental Setting Please see Section 5.7 of the certified Final EIR No. 97-2 for a detailed discussion of the existing environmental setting for drainage and hydrology. Appendix F of Final EIR No. 97-2 includes the Hydrology and Hydraulics Study and the 100-Year Inundation Study prepared for the Parkside Estates Project. According to the Final EIR, the direction of the drainage on site is from northeast to southwest. The majority of the site is located on a 0.07 percent slope. The Final EIR presents the existing condition runoff for a 100-year storm event for the existing drainage site and Project site. The site is located in Zone A99,which identifies areas protected by the federal flood protection system from a flood having a 1 percent chance of being equaled or exceeded in any given year with no base flood elevation determined. Based on the analysis performed for the Project, the East Garden Grove-Wintersburg Flood Control Channel, located just south of the site, may experience overtopping in the area from Goldenwest Street westerly to Warner Avenue during a I00-year storm event. The Final EIR states that previous land uses on site were agricultural; therefore, some minimal concentration of the fertilizers and pesticides may be present in the runoff. These pollutants would include particulate solids,nutrients, and oxygen-demanding substances. The CCC findings state that the approximately 50-ac Project site is currently undeveloped with the exception of farming activities. Under existing conditions, no runoff leaves the site during most rainfall events. The CCC findings also state that the subject site and much of the surrounding area are susceptible to tidal flooding. Tidal flooding could occur when extreme high tides occur concurrently with storm surge events. The worst-case scenario would occur when high tide and storm surge occurs during failure of the levees of the lower reaches of the East Garden Grove-Wintersburg Flood Control Channel (which is possible as the levees are not Federal Emergency Management Agency [FEMA] certified). Under any of these scenarios, up to 170 ac of areas previously developed inland of the site would be flooded. Consequently, contemplation of any development of the subject site must address this flooding issue(CCC Adopted Findings,pp. 48 and 59,Appendix A). 3.7.2 Certified 2002 Final EIR No. 97-2 Impacts Please see Section 5.7 of the certified Final EIR No. 97-2 for analysis of the effects of the Parkside Estates Project on existing drainage and hydrology. The Final EIR concluded that the proposed Project may result in potentially significant impacts to the drainage pattern and potential flooding. Mitigation Measure I requires the implementation of conditions of the Public Works Department regarding storm drain facilities. In addition, there are conditions related to completion of infrastructure improvements pursuant to FEMA requirements to address potential flooding. The Final EIR also determined that the Project may result in significant impacts related to water quality. Mitigation Measures 2 and 3 require compliance with State NPDES permit requirements, including submittal of the Notice of Intent and fees to the State Water Resources Control Board (SWRCB) and an approval of the Water Quality Management Plan, respectively. As stated in the Final EIR, the proposed Project, in conjunction with other past, present, and reasonably foreseeable future projects, may also result in drainage, flooding, and water quality impacts. Mitigation Measures I through 3 will reduce the impacts to below a significant level. PARKSIDE ESTATES 3-30 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH DRAINAGE/HYDROLOGY A listing of the Certified EIR mitigation measures and their applicability to the revised Project are included in Section 3.7.5 and in the revised Mitigation Monitoring and Reporting Program (MMRP) in Appendix B. 3.7.3 Project Changes/Impact Analysis Changes to the Parkside Estates Project addressed in this Addendum include changes to the Project plans to reflect the CCC's suggested modifications to the LUP Amendment. The Project changes related to Drainage/Hydrology include: • A decrease in the number of residential units from 170 to I I I units; • Commensurate reduction in development area from 37.4 ac to 26.4 ac; • Provision of additional mechanical treatment of on-site and off-site storm water; • Implementation of an NTS for storm water treatment; • Creation of a restored wetlands complex that includes the modified 4 ac restored EPA wetlands, the AP wetland, and associated wetlands buffer (which overlaps the eucalyptus buffer in some areas); • Inclusion of a VFPF to provide flood control protection (substituting for the sea wall as considered in the Final EIR); and • A reduction in the amount of imported fill from approximately 270,000 cy to approximately 225,000 cy. Please see Section 2.0 of this Addendum EIR document for more information regarding the Project changes. Flooding The CCC found that with or without development of the subject site, the inland 170 ac of existing development requires protection from flood hazard. The path that the tidal flooding would follow crosses the subject site. In order to adequately ensure protection of the inland 170 ac of existing development, installation of a flood protection levee (i.e., a VFPF) on the subject site or to the southwest of the subject site (near the Bolsa Chica "Pocket Wetlands" between the East Garden Grove-Wintersburg Flood Control Channel and the Bolsa Chica Mesa) is included in the CCC's suggested modifications. Protection of the inland 170 ac would also protect the approximately 50 ac subject site from flooding. Mitigation Measure 1 from Final EIR remains applicable to the revised Project. A VFPF was proposed as part of the revised Project(as a substitution for the"sea wall"considered in the Final EIR)to provide protection against flooding from the newly created muted tidal basin to the west of the site. The East Garden Grove-Wintersburg Flood Control Channel is approximately 11 ft above sea level (asl), and the bluff at the western site boundary rises some 40 ft asl. A flood protection levee that closes the gap between these two features could effectively capture tidal floods if it is constructed to an elevation above the expected flood flow. The existing East Garden Grove- Wintersburg Flood Control Channel levee in the area adjacent to the subject site is expected to be reconstructed to meet FEMA certification standards and would have an approximate elevation of 11 ft asl (the existing levee's elevation is also approximately 11 ft asl). If a VFPF were constructed between the bluff and the existing levee to the same elevation, flood waters would be prevented from flooding the subject site as well as the additional 170 inland acres. With or without development of the proposed site, some form of flood protection is warranted to minimize risks to life and property in PARKSIDE ESTATES 3-31 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF IIUNTINGTON BEACH DRAINAGE/HYDROLOGY areas of high flood hazard, to ensure stability and structural integrity, and to contribute significantly to protection of the surrounding area. The subject site provides an optimum location for the additional flood protection levee necessary to minimize risk to life and property in the 170 developed acres inland of the subject site. The CCC found that construction of a flood protection levee on the site would be adequate to ensure structural integrity and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area. In addition, construction of the flood protection levee would minimize risks to life and property from flood hazard. In order for the additional flood protection levee to function effectively, it would have to be placed within the site's necessary buffer areas. However, as described previously, a flood protection levee in the ESHA or wetland buffer area may be an allowable use within a buffer, provided it is the least environmentally damaging feasible alternative. Water Quality The 2002 approved Project relied solely on mechanical water treatment for storm water runoff, however, there was a condition of approval included by the City Council that contemplated the possibility of implementing a natural treatment concept. The revised Project incorporates an NTS that uses vegetated constructed wetland and open water to treat storm water and weather runoff. Storm water will be directed to the mechanical treatment system along the south boundary of the Project site before being discharged to the NTS. The NTS will treat the required equivalent volume of Project runoff, as well as storm runoff from the existing Cabo Del Mar residential Project to the north, and a total of approximately 25 percent of the dry weather flow in the 2,935 ac Slater watershed. The Project water treatment systems will result in a net improvement in storm water quality discharged to the ocean compared to existing conditions. The NTS will also provide additional wetland and upland habitat. In addition to the NTS,the revised Project includes mechanical treatment of on-site and off-site storm water with Continuous Deflective Separation (CDS) units. The CDS units will remove constituents from off-site and on-site flows. The storm water will then be released to the NTS area, where it will be further filtered by wetland plants and soils before eventual discharge to the Pacific Ocean. The dual approach to storm water treatment will treat Project runoff, and will also treat currently untreated off-site runoff,resulting in a net improvement in storm water quality compared to existing conditions. Mitigation Measures 2 and 3 from the Final EIR remain applicable to the revised Project. CCC-Suggested Modification No. 10 (refer to Table 2-1, Summary of CCC-Suggested Modifications) includes LCP policy revisions to ensure implementation of Water Quality BMPs to protect water quality. The CCC found that the subject site represents an opportunity to incorporate an NTS, such as a wetland detention system. There are multiple benefits derived from an NTS, such as pollutant removal, groundwater recharge, habitat creation, and aesthetics. Furthermore, maintenance needs are typically more apparent and less frequent with natural/vegetative treatment systems and thus are more likely to remain effective than mechanical systems, such as storm drain inserts and the like,which can become clogged and otherwise suffer mechanical difficulties. If mechanical treatment control BMPs are not adequately maintained, they will cease to be effective and, consequently, water quality protection would not be maximized. PARKSIDE ESTATES 3-32 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH DRAINAGE/HYDROLOGY The CCC also found that incorporating an NTS, such as a wetland detention pond system, is feasible at the site. In order to achieve the goal of not creating new adverse water quality impacts, dry weather flow would need to be retained on site to the maximum extent practicable. The best way to accomplish retention of dry weather flow on site typically is some type of NTS. Furthermore, in order to protect water quality year-round, it is appropriate to impose a standard that any runoff that leaves the site must meet. A generally accepted standard for storm water runoff is a requirement to treat at least the 85th percentile storm event, with at least a 24-hour detention time. If dry weather runoff cannot be retained on site, it should be treated (e.g., detained for at least 48 hours and, where practicable, for 7 days in an NTS)(CCC Adopted Findings,pp. 48-49,Appendix A). 3.7.4 Cumulative Impacts Based on the foregoing analysis and information, there is no evidence that Project changes would result in more substantial or new significant cumulative impacts to drainage and hydrology than those cumulative impacts identified and analyzed in the certified Final EIR No. 97-2. 3.7.5 Standard City Policies and Mitigation Measures Based on the analysis above, the drainage/hydrology impacts of the 2008 Project revision would remain the same or be reduced from those identified in the Certified Final EIR. However, the standard City policies and requirements identified in the Final EIR would still apply to the revised Project. Mitigation Measures 1 through 3 listed below would still apply to the revised Project. 1. Prior to issuance of building permits, the Project applicant shall implement conditions of the Public Works department regarding storm drain drainage improvements, which shall include, but not be limited to: • Construct the necessary storm drainage improvements (identified on Exhibit 42 within the EIR)to handle increased flow and intercept off-site flows. • Ensure that the future building pads are placed at elevations suitable to withstand a 100-year flood. • Construct the necessary improvements to the East Garden Grove-Wintersburg Flood Control Channel(C05)along the site perimeter. 2. Prior to issuance of any grading permits,the applicant shall submit a"Notice of Intent,"along with the required fee to the State Water Resources Control Board to be covered under the State National Pollutant Discharge Elimination System (NPDES) General Construction permit and provide the City with a copy of the written reply containing the discharger's identification numbers. 3. Prior to issuance of the grading permits, the applicant shall provide a Water Quality Management Plan showing conformance to the Orange County Drainage Area Management Plan and all NPDES requirements (enacted by the United States Environmental Protection Agency [EPA]) for reviews and approval by the City Engineer. The plan shall reduce the discharge of pollutants to the maximum extent practicable using management practices, control techniques and systems, design and engineering methods, and such other provisions as appropriate. PARKSIDE ESTATES 3-33 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH DRAINAGE/HYDROLOGY 3.7.6 Conclusion The comparison of anticipated environmental effects of the proposed changes to the Parkside Estates 2002 Project with the drainage/hydrology impacts identified in the previously certified Final EIR supports the required CEQA findings below. Specifically, none of the conditions set forth in Section 15162 of the State CEQA Guidelines that would require preparation of a subsequent EIR have been met. • The revised Project would not result in new significant environmental impacts to drainage/hydrology, nor is there a substantial increase in the severity of impacts to aesthetics/light and glare from that described in the certified Final EIR No. 97-2. • There is no information in the record or otherwise available that indicates there are substantial changes in circumstances pertaining to drainage/hydrology that would require major changes to the certified Final EIR No. 97-2. • There is no substantial new information that there would be a new significant impact to drainage/hydrology requiring major revisions of the certified Final EIR No. 97-2. • There are no alternatives to the Project or additional mitigation measures that would substantially reduce one or more significant impacts pertaining to drainage/hydrology identified in and considered by the certified Final EIR No. 97-2. PARKSIDE ESTATES 3-34 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH BIOLOGICAL RESOURCES 3.8 ]BIOLOGICAL RESOURCES 3.8.1 Existing Environmental Setting Please see Section 5.8 of the certified Final EIR No. 97-2 for a detailed discussion of the existing environmental setting for biological resources. Appendix G of Final EIR No. 97-2 includes the wetland delineation assessment and technical report prepared for the Parkside Estates Project. In addition, numerous supplemental wetlands and biology studies of the site have been performed at the request of CCC staff subsequent to the certification of the EIR in 2002. Two such reports summarize additional information on biological resources: (1) Supplemental Biology Report, Parkside Estates Project, Huntington Beach, California, prepared for Shea Homes by LSA Associates, Inc., December 11, 2003; and (2) Biological Assessment and Alternatives Analysis, East Garden Grove-Wintersburg Channel, Parkside Estates Development Project, prepared for Shea Homes by LSA Associates, Inc., November 11, 2004. According to the Final EIR, the site exhibits relatively homogenous ruderal vegetative cover, with infrequent herbaceous species in the agricultural field. A portion of the site was historically formed from the upper margin of the Bolsa Chica marshlands; therefore, the site does contain two secluded patches of marshland fragments in the former County Parcel. The site currently does not support a valuable wetland habitat, although the quality of wetland habitat in the former County parcel, which is to be preserved under the 2002 and revised Project,has improved since the Final EIR was certified in 2002. As stated in the Final EIR, the site habitat supports rodent populations, and trees on and adjacent to the site provide nesting and roosting sites for birds of prey. Therefore, the site may attract resident birds of prey such as red-tailed hawks and owls. In fact, some birds of prey were observed during the site visits. The Final EIR concluded that the site and its surroundings do not support sensitive invertebrates, fish, amphibians, or reptiles. A number of sensitive bird species might forage in or over agricultural fields and the East Garden Grove-Wintersburg Flood Control Channel, but the site itself could not support and maintain a population of birds. Please refer to the Final EIR and the supplemental LSA 2004 report for the lists of species that may utilize the site. Due to the generally low habitat quality and frequency of human disturbance, the Project site does not support the presence of sensitive mammal species. The site may be utilized by larger, more mobile species (e.g., coyote, fox, bobcat, and raccoon)that may traverse the site. However, there are insufficient resources within the site to induce any of these taxa to remain. The CCC findings state that the results of the CCC review of the aerial photos and topographic maps indicate that the topography of the site has changed over the years, particularly in the area delineated by the EPA as wetlands in its 1989 publication (generally in the northwest area of the site). Changes are also identified in the area of the former equestrian facility (generally in the southwestern portion of the site between the CP and WP areas). These changes included the unpermitted fill of approximately 0.3 ac of wetland in the CP area, which was not rectified prior to the purchase of the property by Shea Homes. However, at its November 14, 2007, hearing, the CCC found, based on evidence presented, that no wetlands exist in the WP area. This is consistent with the information presented in Final EIR No. 97-2,which did not identify any wetlands in the WP area. The CCC found that a 4 ac portion of the approximately 8 ac area that had been delineated as wetland in 1989 by the EPA should be treated as a wetland for purposes of land use decisions, and that this area should be PARKSIDE ESTATES 3-35 ADDEND UM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH BIOLOGICAL RESOURCES restored to wetland functions. The CCC also found that the changes in topography due to farming created a depression of approximately 0.6 ac at the western edge of the agricultural field. This depression, termed the AP, was determined by the CCC to be wetland, which required preservation and a protective buffer. The CCC findings state that the subject site contains ESHA. In addition to the area that was identified as ESHA in Final EIR No. 97-2, the CCC determined that the trees within both the southern and northern "eucalyptus groves" located within and adjacent to the subject site's western boundary are ESHA due to the important ecosystem functions they provide to a suite of raptor species (CCC Adopted Findings,p.42,Appendix A). The CCC's staff ecologist, in a memo dated December 19, 2006, concluded that neither the seasonal gnatcatcher foraging habitat nor the southern tarplant on the subject site meet the Coastal Act definition of ESHA(CCC Adopted Findings,p. 44,Appendix A). 3.8.2 Certified 2002 Final EIR No. 97-2 Impacts Please see Section 5.7 of the certified Final EIR No. 97-2 for analysis of the effects of the Parkside Estates Project on existing biological resources. The Final EIR concluded that the proposed Project would not result in impacts to the County parcel pocket wetland habitats with the adoption of Alternative 7 as the preferred Project. Mitigation Measure 2, which required wetland restoration,was initially provided when the County parcel was proposed for development. Final EIR No. 97-2 also concluded that the proposed Project may result in potential significant impacts during the nesting season to native raptor birds and cumulative impacts to nesting raptor birds. Mitigation Measure 1 requires that a raptor survey be conducted prior to construction activities if they commence during breeding season. The breeding season originally defined as March-July in the Certified 2002 Final EIR was subsequently expanded to February-July by the 2004 LSA studies. Mitigation Measure 1 has been modified consistent with this revision. If raptor nests are found on site, construction activities should be limited to areas 500 ft away from the nest. A listing of the Certified EIR mitigation measures and their applicability to the revised Project are included in Section 3.8.5 and in the revised Mitigation Monitoring and Reporting Program (MMRP) in Appendix B. 3.8.3 Project Changes/Impact Analysis Changes to the Parkside Estates Project addressed in this Addendum include changes to the Project plans to reflect the CCC's suggested modifications to the LUP Amendment. The Project changes related to biological resources include: • A decrease in the number of residential units from 170 to I I I units; • Commensurate reduction in development area from 37.4 ac to 26.4 ac and expands OS-C to 23.1 ac; • Increased protection of biological resources; • Reallocation of land uses (including development area, conservation area, and active and passive parks); • Provision of additional mechanical treatment of on-site and off-site storm water; • Implementation of an NTS for storm water treatment; PARKSIDE ESTATES 3-36 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH BIOLOGICAL RESOURCES • Expansion of the eucalyptus ESHA designation and creation of a variable ESHA buffer, which includes restricted public access; • Creation of a restored wetlands complex that includes the modified 4 ac restored EPA wetlands, the AP wetland, and associated wetlands buffer (which overlaps the eucalyptus buffer in some areas); • Restoration of the portion of the CP wetland where unpermitted fill occurred; • Inclusion of a VFPF to provide flood control protection (substituting for the sea wall as considered in the Final EIR); and Please see Section 2.0 of this Addendum EIR document for more information regarding the Project changes. The 2002 Project approved by the City incorporated 3.7 ac of OS-C and 0.4 ac of preserved wetland. The revised Project includes 23.1 ac of OS-C, including a 0.6 ac passive park, and 6.2 ac of wetlands, including 4.6 ac of newly restored or created wetlands. In addition, the 2002 approved Project relied solely on mechanical water treatment for storm water runoff. The revised Project incorporates an NTS that reflects natural drainage patterns and uses a vegetated constructed wetland to treat storm water and dry-weather runoff and to provide additional wetland and upland habitat. CCC-suggested Modification No. 5 is intended to ensure implementation of key Project changes, including: • Preservation of ESHA; • Maintenance of ESHA buffers(including a variable buffer for eucalyptus); • Habitat protection and management; • Creation of a water quality NTS area at the southern portion of the development; and • A VFPF. For example, Suggested Modification No. 5 requires preparation of a Habitat Management Plan for all ESHA, wetland, and buffer areas designated OS-C to provide for their restoration and perpetual conservation and management. Other requirements include a Pest Management Plan that prohibits the use of rodenticides, a Landscape Plan for nonconservation areas that prohibits invasive species and encourages native species, and a Domestic Animal Control Plan to prevent pets from entering the OS-C areas. These management plans are designed to protect and promote native plants and wildlife. Suggested Modification No. 5 also includes standards for wetlands ESHA, the Habitat Management Plan, and protective fencing. Suggested Modification No. 11 furthers the protection offered to ESHA under the Coastal Act by specifying that wetlands or ESHA that were impacted by activities without compliance with the Coastal Act are still subject to the protection afforded by the LUP. The overall effect of the Project changes, including the suggested modifications, is to increase the on-site area dedicated to OS-C, increase the habitat value of the site,and improve storm water quality. The changes result in an improvement to the biological resource value of the developed site and do not necessitate changes to the conclusion of the Final EIR. Additionally, the CCC findings state that, in order to be most protective of wetlands, the additional wetland area, beyond what was originally proposed to be designated OS-C, must be recognized and appropriately designated under the LUP Amendment. The protected areas include the AP and expanded CP areas, and a 4 ac portion of the wetland area identified by the EPA in a document published in 1989. The area delineated by the EPA as wetland totaled approximately 8.3 ac. The PARKSIDE ESTATES 3-37 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH BIOLOGICAL RESOURCES applicant and several wetland experts(including the lead author of the wetland study that was utilized by the EPA)argued that the EPA delineation was not based on adequate evidence. In fact,two federal agencies with wetland delineation authority, the Corps and the Natural Resources Conservation Service, later determined that the EPA area was a "prior converted cropland", not a wetland. In addition, as described in the October 25, 2007, memorandum prepared by the CCC's staff ecologist, the 8.3 ac figure appears to have been based on observations during a period when construction activities on an adjacent property resulted in a temporary direction of excess off-site drainage onto the subject site. Nevertheless, the CCC, based on the recommendation of the staff ecologist, determined that a reasonable estimate for the size of the wetland before and after the construction is about 4 ac. Long-time farming activities resulted in the loss of the 4 ac EPA wetlands area, as determined by the CCC (and consistent with information presented in EIR No. 97-2). Section 30233 of the Coastal Act requires that loss of wetlands due to fill must be mitigated, and the CCC found that the 4 ac modified EPA wetlands must be restored in place. Therefore, in addition to the AP, an additional 4 ac of restoration on site surrounded by a 100 ft buffer would be required to address the loss of the 4 ac EPA wetlands. Thus, area that must be preserved on site includes the AP, expanded CP areas (to include restoration of the area filled by the stable operation), modified 4 ac EPA wetlands, ES14A areas, wetlands, and ESHA buffer area. Preservation and/or restoration of the AP, expanded CP, and restored 4 ac EPA wetlands may require supplemental water(CCC Adopted Findings,pp. 35-36,Appendix A). The CCC found that construction of a flood protection levee within the wetland buffer area, provided it is the least environmentally damaging alternative, would not be incompatible with the continuance of the wetland. The type of flood protection levee to be constructed would be a VFPF (essentially a vegetated earthen berm with an internal sheet pile wall). The VFPF would not be expected to adversely impact the wetland because: (1)there would only be temporary construction-related impacts;(2)once constructed,the VFPF would be planted to provide upland habitat that complements the wetland vegetation; and (3)the VFPF would not require frequent or extensive maintenance once constructed. Thus, intrusions into the buffer would be limited only to those necessary during construction. For these reasons, locating a flood protection levee such as the one described above within the wetland buffer would be consistent with the Coastal Act policies regarding wetlands protection(CCC Adopted Findings,p. 40,Appendix A). The City originally recognized the eucalyptus grove as sensitive habitat, but only to the extent that it had been previously recommended as ESHA by CDFG, as part of the continuous grove located primarily on the adjacent Hearthside property. The CCC found that all of the eucalyptus on the Parkside Estates property met its definition of ESHA. The variable-width ESHA buffer includes a water quality NTS as an allowable use within the ESHA buffer area near the southern grove. The CCC found that portions of an NTS would be appropriate within the ESHA buffer because it would occupy only a very small portion of the overall buffer area. Furthermore, the NTS itself will provide some habitat value. The shallow water habitat will increase the variety of habitats within the buffer area. For these reasons, allowing an NTS-type system within the outer ESHA buffer would not be expected to degrade the ESHA and would be compatible with its continuance (CCC Adopted Findings,p. 45,Appendix A). Additionally, the CCC found it was appropriate to incorporate additional measures into the LUP Amendment for the subject site to ensure that future development adjacent to the wetland and buffer areas and throughout the site does not adversely impact the wetland. For example, restrictions were placed on landscaping to prevent invasive plants within the residential areas from invading the PARKSIDE ESTATES 3-38 ADDEND UM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH BIOLOGICAL RESOURCES wetland areas and potentially displacing the wetland plants. In addition, pets from the residential development, if unrestricted, may enter the wetland area, causing disruption. The suggested modifications include a prohibition on invasive plants throughout the site, a requirement for a domestic animal management plan, and fencing along the buffer/development interface as part of the site-specific LUP language. With these modifications, the LUP Amendment was found to be consistent with Section 30250 of the Coastal Act(CCC Adopted Findings,p. 41,Appendix A). With changes to the ESHA per the suggested modifications, the areas of marginal gnatcatcher habitat and the southern tarplant on site will be retained within the OS-C designation and protected from the development. 3.8.4 Cumulative Impacts Based on the foregoing analysis and information, there is no evidence that Project changes would result in more substantial or new significant cumulative impacts to biological resources than those cumulative impacts identified and analyzed in the certified Final EIR No. 97-2. 3.8.5 Standard City Policies and Mitigation Measures Based on the analysis above, the biological resources impacts of the 2008 Project revisions would remain the same or be reduced from those identified in the Certified Final EIR. However, the standard City policies and requirements identified in the Final EIR would still apply to the revised Project. Mitigation Measure 1 listed below would still apply. However, Mitigation Measure 2 is no longer applicable to the revised Project, as there will be no development within the County parcel and is therefore shown in italics below. 1. If Project grading construction is scheduled during the normal breeding season for red-tailed hawk and other raptors locally (February to July), a survey shall be conducted for active nests. Prior to the issuance of grading permits, should any active nests be located within the zone of potential disturbance, construction activities shall be limited to areas 500 feet away from the nest until the young have fledged and have begun foraging away from the nest site. The 500-foot protection zone shall be fenced with visible warning-color materials. Nest trees shall be removed during the nonbreeding season only. 2. Wetland impacts to the isolated pocket wetlands shall be mitigated at a ratio of 4:1 (square footage of wetlands to square footage of fill). The Coastal Development Permit shall require that mitigation for the fill of the pocket wetlands be implemented prior to the issuance of a grading permit for the County Parcel. The mitigation site shall be on-site or within the Bolsa Chica Lowlands unless the Lowlands are sold to a new landowner and the new landowner is unwilling to allow the proposed mitigation to proceed. In such a case, the developer of the site shall find an alternative mitigation site. The total mitigation for the loss of two small patches of degraded pickleweed habitat shall include the preservation and enhancement of 2 acres of appropriate wildlife habitat per the Department of Fish and Game. 3.8.6 Conclusion The comparison of anticipated environmental effects of the proposed changes to the Parkside Estates 2002 Project with the biological resources impacts identified in the previously certified Final EIR supports the required CEQA findings below. Specifically, none of the conditions set forth in Section PARKSIDE ESTATES 3-39 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH BIOLOGICAL RESOURCES 15162 of the State CEQA Guidelines that would require preparation of a subsequent EIR have been met. • The revised Project would not result in new significant environmental impacts to biological resources, nor is there a substantial increase in the severity of impacts to aesthetics/light and glare from that described in the certified Final EIR No. 97-2. • There is no information in the record or otherwise available that indicates there are substantial changes in circumstances pertaining to biological resources that would require major changes to the certified Final EIR No. 97-2. • There is no substantial new information that there would be a new significant impact to biological resources requiring major revisions of the certified Final EIR No. 97-2. O There are no alternatives to the Project or additional mitigation measures that would substantially reduce one or more significant impacts pertaining to biological resources identified in and considered by the certified Final EIR No. 97-2. PARKSIDE ESTATES 3-40 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH CULTURAL AND PALEONTOLGICAL RESOURCES 3.9 CULTURAL AND PALEONTOLOGICAL RESOURCES 3.9.1 Existing Environmental Setting Please see Section 3.9 of the certified 2002 Final EIR No. 97-2 for a detailed discussion of the existing environmental setting for cultural and paleontological resources. Appendix H of Final EIR No. 97-2 includes the "Archaeological Assessment of the SHEA Homes Project Tentative Tract 15377 and Tentative Tract 15419," dated March 1997. This information was updated in 2000 with an additional survey of the Project site as included in Appendix H of Final EIR No. 97-2. Cultural and paleontological resources on the Project site include a portion of CA-ORA-83/86 on the western margins of the Project site and two smaller and less significant archaeological sites designated CA-ORA-1308 and CA-ORA-1309. The Project site does not contain any recognized or previously recorded paleontological resources. There have been no changes to cultural or paleontological resources on the site since certification of Final EIR No. 97-2. 3.9.2 Certified 2002 ]Final EIR No. 97-2 Impacts Please see Section 5.9 of the certified Final EIR No. 97-2 for analyses of the potential effects of the Parkside Estates Project to cultural and paleontological resources. The Final EIR concluded that no historic resources exist on the Project site, and that the Project will not affect historic resources or existing local religious or sacred uses. The Final EIR also concluded that the proposed Project will not result in significant impacts to paleontological resources. The Final EIR concluded that the proposed Project may result in a significant impact to archaeological sites CA-ORA-1308 and -1309. The status of CA-ORA-1308 and -1309 as archaeological sites could not be confirmed. Final EIR No. 97-2 includes mitigation to require a subsurface test investigation for both sites, a cultural resources management plan based on the test results, and archaeological monitoring. The proposed Project avoids direct impacts to CA-ORA 83/86. A listing of the Certified EIR mitigation measures and their applicability to the revised Project are included in Section 3.9.5 and in the revised Mitigation Monitoring and Reporting Program (MMRP) in Appendix B. 3.9.3 Project Changes/Impact Analysis Changes to the Parkside Estates Project addressed in this Addendum include changes to the Project plans to reflect the CCC's suggested modifications to the LUP Amendment. The Project changes related to cultural and paleontological resources include: • A decrease in the number of residential units from 170 to I I I units; • Commensurate reduction in development area from 37.4 ac to 26.4 ac; • Increased protection of biological resources; • Reallocation of land uses (including development area, conservation area, and active and passive parks); • Expansion of the eucalyptus ESHA designation and creation of a variable ESHA buffer, which includes restricted public access; PARKSIDE ESTATES 3-41 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH CULTURAL AND PALEONTOLGICAL RESOURCES • A reduction in the amount of imported fill from approximately 270,000 cy to approximately 225,000 cy. Please see Section 2.0 of this Addendum EIR document for more information regarding the Project changes. The changes to the Project, including modifications approved by the CCC, that may affect cultural resources include reallocation of land uses, expansion of the buffer area, and increased conservation area. Generally, the increased area subject to preservation rather than development provides greater protection for potential cultural or paleontological resources, although ground disturbance will be required to create the NTS and VFPF. Site CA-ORA-83/86 will still be avoided, and sites CA-ORA- 1308 and -1309 will still be subject to testing. Cultural resources Mitigation Measures 1 through 3 apply to the revised Project evaluated in this Addendum, which is consistent with the CCC's LUP action. Therefore, changes to the Project may result in a reduction of impacts to cultural resources, and there are no changes to the conclusions of Final EIR No. 97-2. The CCC-suggested modifications to the LUP Amendment include a specific requirement to avoid and/or mitigate archaeological impacts. This change provides assurance that the potential for archaeological resources to occur on the site will be recognized in conjunction with future development proposals(CCC Adopted Findings,p. 58,Appendix A). 3.9.4 Cumulative Impacts Based on the foregoing analysis and information, there is no evidence that Project changes would result in more substantial or new significant cumulative impacts to cultural or paleontological resources than those cumulative impacts identified and analyzed in the certified Final EIR No. 97-2. 3.9.5 Standard City Policies and Mitigation Measures Based on the analysis above, the cultural and paleontological resources impacts of the 2008 Project revision would remain the same or be reduced from those identified in the Certified Final EIR. However, the standard City policies and requirements identified in the Final EIR would still apply to the revised Project. Mitigation Measures 1 through 3 listed below would still apply to the revised Project. 1. Prior to issuance of a grading permit, the applicant shall conduct a subsurface test investigation for CA-ORA-1308 and -1309 to determine the horizontal boundaries of the site as well as to confirm the surface conclusions of nonsignificance as indicated in the March 1997 Archaeological Assessment. This may be accomplished through the mechanical excavation of a number of auger holes as well as two lxl-meter hand-excavated units for straight graphic control. The subsurface test investigation, which includes discussion of significance (depth, nature, condition, and extent of resources), final mitigation recommendations, and cost estimates shall be submitted to the Planning Director for review and approval. 2. Prior to issuance of a grading permit,the applicant shall create (if deemed necessary through Measure 1 above) a cultural resource management plan based on test results. A full data recovery program shall be designed if site avoidance is not feasible through design. Possible recovery plans include, but are not limited to, preservation, salvage, partial salvage, or no PARKSIDE ESTATES 3-42 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH CULTURAL AND PALEONTOLGICAL RESOURCES mitigation measure necessary. The plan shall include consultation with the appropriate Native American organization and be reviewed and approved by the Planning Director.Additionally, the plan shall require peer review in conformance with the California Coastal Commission's Archaeological Guidelines. 3. Prior to issuance of a grading permit, the applicant shall provide written evidence that a certified archaeologist has been retained, shall be present at the pregrading meeting/conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the Project proponent, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. The archaeological resource surveillance procedure shall include a provision for Native American review of grading operations. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant, the Planning Department, and the appropriate Native American organization. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. 3.9.6 Conclusion The comparison of anticipated environmental effects of the proposed changes to the Parkside Estates 2002 Project with the cultural and paleontological resources impacts identified in the previously certified Final EIR supports the required CEQA findings below. Specifically, none of the conditions set forth in Section 15162 of the State CEQA Guidelines that would require preparation of a subsequent EIR have been met. • The revised Project would not result in new significant environmental impacts to cultural and paleontological resources, nor is there a substantial increase in the severity of impacts to aesthetics/light and glare from that described in the certified Final EIR No. 97-2. • There is no information in the record or otherwise available that indicates there are substantial changes in circumstances pertaining to cultural and paleontological resources that would require major changes to the certified Final EIR No. 97-2. ® There is no substantial new information that there would be a new significant impact to cultural and paleontological resources requiring major revisions of the certified Final EIR No. 97-2. • There are no alternatives to the Project or additional mitigation measures that would substantially reduce one or more significant impacts pertaining to cultural and paleontological resources identified in and considered by the certified Final EIR No. 97-2. PARKSIDE ESTATES 3-43 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH PUBLIC SERVICES AND UTILITIES 3.10 PUBLIC SERVICES AND UTILITIES 3.10.1 Existing Environmental Setting Please see Section 3.10 of the certified 2002 Final EIR No. 97-2 for a detailed discussion of the existing environmental setting for public services and utilities. Appendix A of Final EIR No. 97-2 includes the utility and service questionnaires that were sent to utility and service providers. As stated in the Final EIR,the Project site is serviced by the Huntington Beach Fire Department with respect to fire stations, and the Huntington Beach Police Station, with respect to police stations. The site is serviced by the Ocean View School District, which provides for elementary and middle school facilities, whereas the Huntington Beach Union High School District, provides facilities and services for high schools. Potable water for domestic, fire, and irrigation service is provided by the City Water Division. Existing sewer is provided by the City and OCSD. According to the Final EIR,the existing sewer line at Graham Street is deficient, and there is a need to provide for a new sewer lift station. The Project site is currently vacant and used for farming. Currently, there is minimal demand for fire, police, and water service, and no demand created by the Project site for school capacity or sewer service. Natural gas and electricity is provided by Southern California Edison. However, the existing on-site uses do not place a significant demand on these services. 3.10.2 Certified 2002 Final EIR No. 97-2 Impacts Please see Section 5.10 of the certified Final EIR No. 97-2 for analyses of the potential effects of the Parkside Estates Project to public services and utilities. The Final EIR concluded that the proposed Project may create increased demand for public services and utilities on a local and regional basis. Additionally, the Project, in conjunction with other past, present, and reasonable foreseeable future projects,will create an increased demand on fire, police, schools, community services,water, sewage, natural gas,electrical services, solid waste,telephone,and library. • Fire: Mitigation Measure 1 requires approval of building plans by the fire official. • Police: Mitigation Measures 2 and 3 require consultation with the Police Department regarding the Project safety features and improvements, as well as easy access to and from the Project site for emergency vehicles, respectively. • School: Mitigation Measures 4 and 5 reduce impacts to schools and require provision of school fees, and proof of compliance with the Mitigation Agreement with Huntington Beach Union High School District, subject to approval of the City. • Water: Final EIR No. 97-2 concluded that Mitigation Measures 6 through 15 will reduce potential significant impacts related to provision of water. Mitigation Measure 6 requires submittal of the hydraulic computer water model analysis. Mitigation Measures 7, 8, 9, 10, 14, and 15 implement water conserving features, pervious paving materials, and use of water- efficient irrigation systems and drought-tolerant plants. Mitigation Measure 11 requires consultation with the City Public Works Department regarding the review of water conserving measures. Mitigation Measure 13 requires LAFCO approval of annexation of the County parcel into the City and OCSD. • Sewer: Mitigation Measure 16 requires construction of the new sewer lift station and force main in accordance with the City-approved Sewer Plan. PARKSIDE ESTATES 3-44 ADDENDUMEIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH PUBLIC SERVICES AND UTILITIES • Natural Gas: Mitigation Measure 17 requires consultation with the designated natural gas provider regarding potential for further energy conservation measures. • Electricity: Mitigation Measure 18 requires consultation with Southern California Edison regarding potential for further energy conservation measures. • Telephone: Building plans must be submitted to General Telephone Company(GTE). • Library: Payment of development fees address increased demand for library services. • Solid Waste Disposal: Mitigation Measures 1 and 2 require approval of the waste reduction programs and use of most efficient and economical means for trash removal,respectively. • Natural Resources and Energy: Compliance with the Title 24 standards is required. A listing of the Certified EIR mitigation measures and their applicability to the revised Project are included in Section 3.10.5 and in the revised Mitigation Monitoring and Reporting Program(MMRP) in Appendix B. 3.10.3 Project Changes/Impact Analysis Changes to the Parkside Estates Project addressed in this Addendum include changes to the Project plans to reflect the CCC's suggested modifications to the LUP Amendment. The Project changes related to Public Services and Utilities include: • A decrease in the number of residential units from 170 to I I I units; • Commensurate reduction in development area from 37.4 ac to 26.4 ac; • Increased protection of biological resources; • Reallocation of land uses (including development area, conservation area, and active and passive parks); • Provision of additional mechanical treatment of on-site and off-site storm water; • Implementation of an NTS for storm water treatment; • Inclusion of a VFPF to provide flood control protection (substituting for the sea wall as considered in the Final EIR); and The annexation of the County parcel to the OCSD also occurred subsequent to certification of the Final EIR. Thus, the requirements of Mitigation Measure 13 have been satisfied, and there is no change in the conclusion of the Final EIR that this impact is reduced to below a level of significance with implementation of mitigation. Please see Section 2.0 of this Addendum EIR document for more information regarding the Project changes. The revised Project includes similar public infrastructure improvements to the 2002 approved Project such as levee repair to the East Garden Grove-Wintersburg Flood Control Channel and levee enhancement with the implementation of a VFPF, enlarged storm drains, increased pump capacity at the Slater pump station (or equivalent option), construction of a new lift station and force main for sanitary sewer, and installation of mechanical water treatment (CDS units) for storm water. The revised Project also includes the NTS for storm water treatment. This approach was identified as a possible BMP solution by the 2002 City Council-approved Conditions of Approval. The changes to the Project, including modifications approved by the CCC, that may affect public services and utilities include a reduction in the number of dwelling units and the provision of additional natural treatment of on-site and off-site storm water. The reduction in the number of PARKSIDE ESTATES 3-45 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH PUBLIC SERVICES AND UTILITIES allowed residences will reduce the increase in demand for utilities and services, such as water,sewer, and police services. However, in terms of Project demand on schools, although there would be a reduction of 35 percent in residential units,the total number of students potentially generated by the Project could increase by 4 percent. This is due to the fact that the Ocean View School District has doubled their student generation factor for elementary school since 2002. The student generation factors have increased from 0.329 to 0.66 for elementary school and from 0.089 to 0.12 for middle school. As a result of this change, the proposed Project could generate a total of 73 elementary students (compared to 56 students for the 2002 approved Project). Despite the increase in the middle school generation factor, the Project would generate fewer middle school students (i.e., 13) compared to the 2002 approved Project (i.e., 15), as a result of the decrease in units. The Huntington Beach Union High School District generation factor of 0.20 has not changed since 2002. With the reduction in Project size, 12 less high school students are projected (22 compared to 34). The increase of 17 elementary school students due to an increase in the student generation factor and an overall increase of three students (108 compared to 105) is not a significant impact. Worth noting, the Ocean View School District has been experiencing declining enrollment and expects that to continue. Potential impacts associated with new students will be adequately mitigated as the school mitigation measures listed below would still apply. In terms of other public services and utilities, despite the reduction in demand, all mitigation measures summarized above and listed in Section 3.10.5 remain applicable to the Project: 3.10.4 Cumulative Impacts Based on the foregoing analysis and information, there is no evidence that Project changes would result in more substantial or new significant cumulative impacts to public services and utilities than those cumulative impacts identified and analyzed in the certified Final EIR No. 97-2. 3.10.5 Standard City Policies and Mitigation Measures Based on the analysis above, the public services and utilities impacts of the 2008 Project revision would remain the same or be reduced from those identified in the Certified Final EIR. However, the standard City policies and requirements identified in the Final EIR would still apply to the revised Project. Mitigation Measures 1 through 18 listed below would still apply to the revised Project. However, Mitigation Measure 13 has been satisfied and therefore is shown in italics below. Fire 1. Prior to approval of building permits, building plans shall be submitted to and approved by the Fire Department. If, during the Fire Department's plan check, it becomes evident that fire ground operations will become impeded, the Department will impose additional fire code requirements in addition to the automatic sprinkler systems, alarm systems,access roads, etc. Police 2. Prior to issuance of building permits, the Police Department shall be consulted during the preliminary stages of the Project design to review the safety features, determine their adequacy,and suggest improvement. PARKSIDE ESTATES 3-46 ADDENDUM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH PUBLIC SERVICES AND UTILITIES 3. During construction and at complete build out, the Project shall provide easy access into and within the Project site for emergency vehicles, and addresses shall be well marked to facilitate response by officers. Prior to the first final inspection, Project site plans depicting these requirements shall be reviewed and approved by the Police Department. Schools 4. Prior to issuance of building permits,the applicant shall provide fees to mitigate conditions of overcrowding as part of the building permit application. These fees shall be based on the State fee schedule in effect at the time of building permit applications. 5. Prior to issuance of building permits, the applicant shall show proof of compliance with the Mitigation Agreement established with the Huntington Beach Union High School District, subject to the approval of the City of Huntington Beach. Water 6. Prior to issuance of grading permits, the developer shall submit a hydraulic computer water model analysis for the development proposed on the City parcel,which addresses the following: A. Water demand required by Project(fire flow demand by the Fire Department) B. Master Plan/General Plan Amendment(GPA) review. The City of Huntington Beach Water (Master Plan) System Computer Model (i.e., H2OBoyleNET) must be run with the proposed land use demands (i.e., GPA), and contrasted with the model run using the existing land use demands(i.e., General Plan in effect at the time the Water Master Plan was adopted). The City of Huntington Beach Water Division must be contracted to perform this analysis on the existing City of Huntington Beach Water System Model (H2ONET) for a fee to be paid by the developer a minimum of 30 days in advance. If the analysis shows that Project demands cannot be met with the City's current water system, the developer shall be required to upgrade the City's system to meet the demands and/or otherwise mitigate the impacts of the Project at no cost to the City. 7. Prior to final inspection, the following water conservation measures shall be implemented as required by State law: A. Ultra-low-flush toilets B. Ultra-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 8. Prior to final inspection, water pressure regulators to limit downstream pressure to a maximum of 60 pounds per square inch(psi)shall be installed. 9. Prior to issuance of building permits, pervious paving materials shall be used whenever feasible to reduce the surface water runoff and aid in groundwater recharge, and slopes and grades shall be controlled to discourage water waste through runoff. 10. Prior to final inspection, the applicant shall provide information to prospective residents regarding benefits of low-water-use landscaping and sources of additional assistance in selecting irrigation and landscaping. PARKSIDE ESTATES 3-47 ADDEND UM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH PUBLIC SERVICES AND UTILITIES 11. The Water Division and Park, Tree, and Landscape Division of the City's Public Works Department shall be consulted during design and construction of the Park for further water conservation measures to review irrigation designs and drought-tolerant plant use, as well as measures that may be incorporated into the Project to reduce peak-hour water demand. 12. Prior to issuance of grading permits, the developer shall submit a hydraulic computer water model analysis for the portion of the Project to be developed on the County parcel, which addresses the following: A. Water demand required by Project(fire flow demand by the Fire Department) B. Master Plan/GPA review. The City of Huntington Beach Water(Master Plan) System Computer Model (i.e., H2OBoyleNET) must be run with the proposed land use demands (i.e., GPA), and contrasted with the model run using the existing land use demands (i.e., General Plan in effect at the time the Water Master Plan was adopted). The City of Huntington Beach Water Division must be contracted to perform this analysis on the existing City of Huntington Beach Water System Model (H2ONET), for a fee to be paid by the developer a minimum of 30 days in advance. If the analysis shows that Project demands cannot be met with the City's current water system, the developer shall be required to upgrade the City's system to meet the demands and/or otherwise mitigate the impacts of the Project at no cost to the City. Any incremental impacts to the City's water system would need to be mitigated to the satisfaction of the Department of Public Works—Water Division. 13. Prior to the issuance of building permits,for any lot within the 4.5-acre parcel within the County of Orange, the applicant shall show proof from Local Agency Formation Commission (LAFCO) of approval of annexation of the County parcels to the City of Huntington Beach and the Orange County Sanitation District subject to the approval of the City Planning and Public Works Departments. 14. Irrigation systems within the Park that minimize water waste shall be used to the greatest extent possible. Such measures should involve,where appropriate,the following features: A. Raised planters and berming in conjunction with closely spaced, low-volume, low- angle (22.5-degree)sprinkler heads. B. Drip irrigation. C. Irrigation systems controlled automatically to ensure watering during early morning or evening hours to reduce evaporation losses. D. The use of reclaimed water for irrigated areas and grass lands. The Project Applicants shall connect to the Orange County Water District "Green Acres" system of reclaimed water should this supply of water be available. Separate irrigation services shall be installed to ease this transition. 15. Landscape and irrigation plans for the Park that encourage minimized use of lawns and utilize warm-season, drought-tolerant species shall be submitted to and approved by the Water Division and Park, Tree, and Landscape Division. Sewer 16. Prior to the issuance of building permits,the property owner(Shea Homes) shall construct the new sewer lift station and force main in accordance with the City-approved Sewer Plan for PARKSIDE ESTATES 3-48 ADDEND UM EIR MAY 2009 ENVIRONMENTAL ANALYSIS CITY OF HUNTINGTON BEACH PUBLIC SERVICES AND UTILITIES the proposed Project, and implement conditions of the Public Works Department regarding sewer infrastructure improvements to handle increased sewer flow demands. Natural Gas 17. Prior to issuance of building permits, the Southern California Gas Company or designated natural gas provider shall be consulted during the building design phase for further energy conservation measures. Electricity 18. Prior to issuance of building permits, Southern California Edison shall be consulted with during the building design phase for further energy conservation measures. 3.10.6 Conclusion The comparison of anticipated environmental effects of the proposed changes to the Parkside Estates 2002 Project with the public services and utilities impacts identified in the previously certified Final EIR supports the required CEQA findings in listed below. Specifically, none of the conditions set forth in Section 15162 of the State CEQA Guidelines that would require preparation of a subsequent EIR have been met. Y The revised Project would not result in new significant environmental impacts to public services and utilities, nor is there a substantial increase in the severity of impacts to aesthetics/light and glare from that described in the certified Final EIR No. 97-2. • There is no information in the record or otherwise available that indicates there are substantial changes in circumstances pertaining to public services and utilities that would require major changes to the certified Final EIR No. 97-2. • There is no substantial new information that there would be a new significant impact to public services and utilities requiring major revisions of the certified Final EIR No. 97-2. 0 There are no alternatives to the Project or additional mitigation measures that would substantially reduce one or more significant impacts pertaining to public services and utilities identified in and considered by the certified Final EIR No. 97-2. PARKSIDE ESTATES 3-49 ADDENDUM EIR APPENDIX A CCC-ADOPTED FINDINGS AND CERTIFICATION LETTER PARKSIDE ESTATES ADDENDUMEIR STATE OF CALIFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER,Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate,Suite 1000 Long Beach,CA 90802-4302 (562)590-5071 August 18, 2008 Scott HessfU� Director of Planning ��� 2000 Main Street Huntington Beach, CA 92648 Re: Effective Certification of City of Huntington Beach Local Coastal Program Land Use Plan Amendment No. 1-06 (Parkside) Dear Mr. Hess: We are pleased to notify you that on August 7, 2008, the Commission concurred with the Executive Director's determination that the action of the City of Huntington Beach accepting certification of Local Coastal Program Land Use Plan (LCP) Amendment No. 1-06 with suggested modifications was legally adequate. Therefore, the LCP amendment will be fully effective upon filing of the notice of the Commission's certification with the Secretary of the Resources Agency as provided by Public Resources Code Section 21080.5(d)(2)(v). City of Huntington Beach LCP Amendment No. 1-06 was submitted for Commission certification pursuant to City Council Resolution No. 2002-123. Huntington Beach LCPA 1- 06 establishes land use designations for: a forty acre area that was previously deferred certification, a five acre adjacent area that was annexed by the City in 2004, and, an adjacent five acre, previously certified area. Land use designations approved for the site are Open Space—Conservation and Residential. On November 14, 2007, the Commission approved LCP Amendment No. 1-06 with suggested modifications. On June 16, 2008, the Huntington Beach City Council adopted Resolution No. 2008-31, acknowledging receipt of the Coastal Commission Action and accepting and agreeing to Local Coastal Program Amendment No. 1-06 as modified. Also on June 16, 2008, the Huntington Beach City Council adopted Resolution No. 2008-32 amending the Local Coastal Program by amending the Coastal Element. On August 7, 2008, the Commission concurred with the Executive Director's determination that the City Council's acceptance of the Commission's suggested modification was legally adequate. On behalf of the Coastal Commission, I would like to congratulate the City on the completion of LCP Amendment 1-06. If you have any questions, please contact Meg Vaughn at our Long Beach office (562) 590-5071. Sincerely, Teresa Henry District Manager cc: Mary Beth Broeren, Principal Planner HNB LCPA 1-06 fnlcet Itr 8.13.08 my STATF OF CALIFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER,Governor t CALIFORNIA COASTAL. COMMISSION South Coast Area Office 200 Oceangate,Suite 1000 Long Beach,CA 90802A302 (562)590-5071 May 20, 2008 TO: Commissioners and Interested Persons FROM: Sherilyn Sarb, Deputy Director, South Coast District, Orange County Teresa Henry, Manager, South Coast District Karl Schwing, Supervisor, Regulation & Planning, Orange County Area Meg Vaughn, Coastal Program Analyst SUBJECT: ADOPTED FINDINGS for Major Amendment Request No. 1-06 (Shea Homes/Parkside)to the City of Huntington Beach Certified Local Coastal Program Land Use Plan (Pursuant to Commission action at the Public Hearing on the May 7, 2008 meeting in Marina del Rey reflecting the Commission's action at the November 14, 2007 hearing). SUMMARY OF HUNTINGTON BEACH LCP AMENDMENT REQUEST NO. 1-06 Request by the City of Huntington Beach to amend the Land Use Plan (LUP) portion of the Local Coastal Program (LCP). The proposed Local Coastal Program (LCP) amendment is a project-specific amendment designed to make possible a low density residential development on a vacant, approximately 50-acre site comprising two legal lots, most of which is currently in agricultural production. Of the total project area, approximately 45 acres have long been located within the City of Huntington Beach. The remaining 5 acres were, until 2004, located within unincorporated County of Orange jurisdiction, within the Bolsa Chica LCP area. However, with the recent annexation, the entire site is within the City of Huntington Beach. Of the 45 acre portion of the site, approximately 40 acres were deferred certification at the time the City's overall Local Coastal Program was certified and remains uncertified today. This LCP amendment would incorporate that 40 acres and the newly annexed area into the City's existing LCP and establish land use and zoning designations for those areas. The remaining five acre portion of the 45 acre area was certified at the time the City's overall LCP was certified as Open Space—Park (OS-P). The 40 acre area was originally deferred certification due in part to wetland issues. The City's current amendment requests designation of approximately 38.5 acres as RL-7 (Low Density Residential _maximum 7 units per acre), approximately 8.2 acres as OS-P (Open Space — Park), and approximately 3.3 acres as OS—C (Open Space— Conservation). SUMMARY OF COMMISSION ACTION At the Commission hearing of November 14, 2007 the Commission reviewed the City of Huntington Beach Local Coastal Program Amendment 1-06. The Commission approved with revised suggested modifications the City's request to amend the LCP'Land Use Plan as requested. At the Commission hearing of May 7, 2008 the Commission adopted Revised Findings with changes to the original staff recommended revised findings. The final version of the suggested modifications and findings adopted by the Commission at Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 2 the May 7, 2008 hearing, which reflect the Commission's November 14, 2007 action on the LCPA, are contained in these adopted findings. At the November 14, 2007 hearing, public testimony and Commission discussion included concerns regarding the extent of wetland on site, the appropriate distance for ESHA buffer areas and appropriate uses allowed within ESHA buffer areas. The Commission found that the area referred to as the Wintersburg Pond (WP) was not wet enough to develop a preponderance of wetland vegetation or wetland soils; that the area known as the EPA wetland was wet enough to support a preponderance of wetland vegetation or soils in 1996 and that any changes in local hydrology that may have taken place since that time were unpermitted; a variable width buffer distance would be adequate to protect the eucalyptus grove ESHA; and that areas referred to as "intermingled areas" found between the areas identified as wetland, ESHA, and buffer areas should not be designated Open Space - Conservation. The changes made by the Commission at the hearing are manifested in the staff report primarily though changes to Exhibit NN (now 4t' revised) in that the areas of the site to be designated Open Space— Conservation and the areas to be designated as the development envelope (which allows either active park or residential development) have changed.. In addition, the changes made by the Commission at the hearing result in changes to the suggested modification regarding the width of the ESHA buffer area and uses allowed within that buffer area. Also, there are changes to the wetland findings supporting the Commission's determination that the WP area is not a wetland and to eliminate the discussion on the intermingled areas. Finally, changes are made in the ESHA findings to support the variable width ESHA buffer rather than the 100 meter ESHA buffer, and to allow a portion of a water quality Natural Treatment System as an allowable use within a portion of the outer ESHA buffer subject to restrictions. COMMISSION VOTE: The Commissioners voting on the prevailing side were: Burke, Clark, Hueso, Secord, Neely, Potter, Reilly, and Chair Kruer. STANDARD OF REVIEW For the proposed Land Use Plan amendment, the standard of review is conformance with and satisfaction of the requirements of the Chapter 3 policies of the Coastal Act. SUMMARY OF PAST ACTIONS ON THIS LCPA At the May 2007 hearing in San Pedro, after presentations by staff, the applicant, and public testimony, the Commission voted to deny the subject Land Use Plan amendment, as submitted. A motion (i.e. the main motion)was made to approve the Land Use Plan amendment with modifications, but, upon deliberation, the hearing was continued. The LCPA was subsequently scheduled for Commission action at its July 9-13, 2007 hearing. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 3 The LCP amendment originally proposed changes to both the Land Use Plan (LUP) and the Implementation Plan (IP). On July 3, 2007, the City withdrew the IP portion of the LCPA. The Commission recognized the withdrawal of the IP amendment at its July 11, 2007 hearing. Also at its July 11, 2007 hearing, the Commission postponed action on suggested modifications for the LUP portion of the LCPA. At the November 14, 2007 hearing, the Commission approved the proposed LUP amendment with suggested modifications as revised at that hearing. At the May 7, 2008 hearing the Commission adopted the revised findings with changes. Those changes are reflected herein. SUMMARY OF PUBLIC PARTICIPATION Section 30503 of the Coastal Act requires public input in Local Coastal Program development. During the preparation, approval, certification, and amendment of any local coastal program, the public, as well as all affected governmental agencies, including special districts, shall be provided maximum opportunities to participate. Prior to submission of a local coastal program for approval, local governments shall hold a public hearing or hearings on that portion of the program which has not been subjected to public hearings within four years of such submission. Prior to submittal of the LCPA to the Commission, the City held numerous public hearings on the proposed LCP amendment as shown on exhibit D. All City staff reports were made available for public review in the Planning Department and in the Huntington Beach Public Library. Public hearing notices were mailed to property owners of record for the parcels that are the subject of the amendment as well as parcels within a 1,000 foot radius (including occupants), and notice of the public hearing was published in the Huntington Beach Independent, a local newspaper of general circulation. ADDITIONAL INFORMATION Copies of the staff report are available online on the Coastal Commission's website at www.coastal.ca.Qov or at the South Coast District office located in the ARCO Center Towers, 200 Oceangate, Suite 1000, Long Beach, 90802. To obtain copies of the staff report by mail, or for additional information, contact Meg Vaughn in the Long Beach office at (562) 590-5071. The City of Huntington Beach contact for this LCP amendment is Scott Hess, Director of Planning,who can be reached at (714)536-5271. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 4 I. RESOLUTION RESOLUTION TO CERTIFY WITH SUGGESTED MODIFICATIONS: The Commission hereby certifies the Land Use Plan Amendment No. 1-06 for the City of Huntington Beach if modified as suggested and adopts the findings set forth below on the grounds that the Land Use Plan amendment with suggested modifications will meet the requirements of and be in conformity with the policies of Chapter 3 of the Coastal Act. Certification of the land use plan amendment if modified as suggested complies with the California Environmental Quality Act because either 1)feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the plan on the environment, or 2)there are no further feasible alternatives or mitigation measures that would substantially lessen any significant adverse impacts which the Land Use Plan Amendment may have on the environment. 11. SUGGESTED MODIFICATIONS Certification of City of Huntington Beach LCP Amendment Request No. 1-06 is subject to the following modifications. The City's existing language is shown in plain text. The City's proposed additions are shown in bold text. The City's proposed deletions are shown in . The Commission staffs original (November 2007) suggested additions are shown in bold, italic, underlined text. The Commission.staff's original (November 2007) suggested deletions are show in field; Additions to the November 2007 staff recommendation made by the Commission at the public hearing are shown in bold,italic. double underlined tent. Deletions to the November 2007 staff recommendation made by the Commission at the public hearing are shown in Staff Note: Three corrections are made where, due to typos, existing certified LUP language was left out. The corrections are: 1) replacing the word "residential" in suggested modification No. 1, 2) replacing the sub-section "Public" in the table in suggested modification No. 2, and, 3) inserting the hyphen in the land use category titles Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 5 Open Space-Conservation and Open Space- Parks throughout. LAND USE PLAN SUGGESTED MODIFICATIONS: SUGGESTED MODIFICATION NO. 1 Sub-Area Descriptions and Land Use Plan The City's certified and proposed Land Use Plan (LUP) language, on page IV-C-11, under the heading: Zone 2-Bolsa Chica, shall be modified as follows: Existing Land Uses Inland (Pacific Coast Highway and areas north to the Coastal Zone boundary.) The majority of Zone 2, the Bolsa Chica, is located outside the City's corporate boundary, within the County of Orange. The area is in the City's Sphere of Influence ... A-44- 50 acre area between the residential develol2ment alone Kenilworth Drive and the East Garden Grove Wintersburg Flood Control Channel is vaGantynd includes a small section of the Bolsa Chica bluffs. Coastal (Seaward of Pacific Coast Highway) Coastal Element Land Use Plan Inland (Pacific Coast Highway and areas north to the Coastal Zone boundary.) The Coastal Element does not present a land use plan for the Bolsa Chica. The land area north of the Bolsa Chica, within the City's corporate and Coastal Zone boundaries, is built out consistent with its Coastal Element designation of low density residential. The area west of the Bolsa Chica is also developed consistent with the Coastal Element Land Use designation of low density residential and multi-family residential. ne)d to the Winter-sburg FiGed Gentfel Channel retains its existing designation.as an u of DefeFred Area- required,PFiGF to development of the site, an amendment to the Gitys amendment would take e#eGt upon (;GMMi6Si0R GertfiGation. PeFtions dfLiis zene aFe �(Ivw DencW ®Aci$A Hal) and/ 6_& /OpAnCrA— O. ri /r .i / s �we •+sreMANers �¢AIt/ Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 6 The fifty(50) acre area (including the 5 acre area annexed by the City in 2004) adjacent to and immediately north of the East Garden Grove/IMintersbum blood Control Channel and adjacent to and immediately west of Graham Street is land use designated Residential and Open Space- Conservation. (See F gure C-6a) There are wetlands, a Eucalyptus Grove that is an Environmentally Sensitive Habitat Area because it provides important raptor habitat, and buffer areas ) Wormm at this site. These areas are designated Open Space- Conservation. The Illlintersbur_g Channel Bikeway is identified at this site on the north levee of the flood control channel in the Commuter Bikeways Strategic Plan, which is the regional bikeways plan for Orange County(See page IV-C-49 and figure C-14). SUGGESTED.MODIFICATION No. 2 The table titled Zone 2 - Land Use Designations, on page IV-C-I1, shall be modified as follows: Zone 2 - Land Use Designations Residential RL-T or RM or RH Open Space OS-P OS-S OS-C ublic P "1A/hite Hole" Zone 2 -Specific Plan Areas None Zone 2 -General Plan Overlays 4G,4J, 4K SUGGESTED MODIFICATION NO. 3 Figure C-6 of the City's Land Use Plan shall be modified to reflect the change in the City's corporate boundary and to accurately reflect the-conect areas of the certified land use designations (Residential and Open Space Conservation)for the area. SUGGESTED MODIFICATION NO. 4 New Figure C-6a shall be added to the City's Land Use Plan, which shall be a land use plan of the Parkside site and shall depict the approved land use designations on the site as shown on 4!revised exhibit NN. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 7 SUGGESTED MODIFICATION NO. 5 Add new subarea 4-K to table C-2 (Community District and Subarea Schedule) as depicted below: Subarea Characteristic Standards and Princi les 44-K Permitted Uses Categories: Residential(R-L or R-M) Open Space Conservation (OS-C) See Figure C-6a Densit lintensity Residential Maximum of fifteen (15) dwelling units per acre. Design and See Fi_gure C-6a Development A development plan for this area shall concentrate and cluster residential units in the OQcMeastern portion of the site and include, consistent with the land use designations and Coastal Element policies, the following required information (all required information must be prepared or updated no more than one year prior to submittal of a coastal development germ!f application): 1. A Public Access Plan, including, but not limited to the following features: ❖ Class I Bikeway(paved off-road bikeway,; for use by bicyclists, walkers,joggers, roller skaters, and strollers) along the north levee of the flood control channel. if a wall between residential development and the Bikeway is allowed it shall include design features such as landscaped screening, non-linear footprint, decorative design elements and/or other features to soften the visual impact as viewed from the Bikeway. •o• Public vista point with views toward the Bolsa Chica and ocean consistent with Coastal Element policies C 4.1.3, C 4.2.1, and C 4.2.3. •e• All streets shall be ungated, public streets available to the general public for parking, vehicular edestrian and bicycle access. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 8 All public entry controls (e.q. gates, date/guard houses, guardssignage, etc.) and restrictions on use by the general public(e.g. preferential parking districts, resident-only parking periods/permits, etc.) associated with any streets or parking areas shall be prohibited ❖ Public access trails to the Class I Bikeway, open space and to and within the subdivision, connecting with trails to the Bolsa Chica area and beach beyond. •<• Public access signage. •o• When privacy walls associated with residential development are located adjacent to public areas they shall be placed on the private property and visual impacts created by the walls shall be minimized through measures such as open fencing/wall design, landscaped screening, use of an undulating or off set wall footprint, or decorative wag features (such as artistic imprints,.etc.), or a combination of these measures 2. Habitat Management Plan for all ESHA, wetland, and buffer areas an ^ �^- designated®pen Space- Conservation that provides for their restoration and perpetual conservation and management. Issues to be addressed include but are not limited to methods to assure continuance of a water source to feed all wetland areas, enhancement of habitats and required buffer areas restoration and enhancement of wetlands and environmentaliy sensitive habitats and required buffer areas, and fuel modiricatlon requirements to address fire hazard and avoid disruption of habitat values in buffers. 3. Archaeological Research ®esi_gn consistent with Policies C5.1.1, C5.1.2, C5.1.3, C5.1.4, and C5.1.5 of this Coastal Element 4. Water Quality Management Program consistent with the Water and Marine Resources policies of this Coastal Element If devdlo meet of the parcel creates Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 9 significant amounts of directly connected impervious surface (more than 10%) or increases the volume and velocity of runoff from the site to adjacent coastal waters, the development shall include a treatment control BMP or suite of BMPs that will eliminate, or minimize to the maximum extent practicable, dry weather flow_generated by site development to adjacent coastal waters and treat runoff from at least the 85 percentile storm event based on the design criteria of the California Association of Stormwater Agencies (CASQA) BMP handbooks, with at least a 24 hour detention time. !Natural Treatment Systems such as wetland detention systems are preferred since they provide additional habitat benefits, reliability and aesthetic values. 5. Pest Management Plan that, at a minimum, prohibits the use of rodenticides, and restricts the use of pesticides, and herbicides in outdoor areas, except necessary Vector Control conducted by the City or County. 6. Landscape Plan for non-Open Space Conservation areas that prohibits the planting, naturalization, or persistence of invasive plants, and encourages low- water use plants, and plants primarily native to coastal Oranqe County, 7. Biological Assessment of the entire site. 8. Wetland delineation of the entire site. 9. Domestic animal control plan that details methods to be used to prevent pets from entering the Open Space- Conservation areas. Methods to be used include but are not limited to, appropriate fencing and barrier plantings. 10. Hazard Mitigation and Flood Protection Plan, including but not limited to, the following features: •e• Demonstration that site hazards including flood and liquefaction hazards are rnjti ated- Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 10 ❖ Minimization/miti_gation of flood hazard shall include the placement of a FEMA- certifiable, vegetated flood protection levee that achieves hazard mitigation goals and is the most protective of coastal resources including wetland and ESHA; ❖ Assurance of the continuance, restoration and enhancement of the wetlands and ESHA. Residential: Residential development, including appurtenant development such as roads and private open space, is not allowed within any wetland, ESHA, or required buffer areas and area designated Open Space- Conservation. Uses consistent with the Open Space-Parks desi_gnation'are allowed in the residential area. All development shall assure the continuance of the habitat value and function of preserved and restored wetlands and environmentally sensitive habitat areas within the area designated Open Space-Conservation. ORen Space-Conservation: A. Wetlands: Only those uses described in Coastal Element Policy C 6.1.20 shall be allowed within existing and restored wetlands. All development shall assure the continuance of the habitat value and function of wetlands. Wetland Buffer Area: A buffer area is required along the perimeter of wetlands to provide a separation between development impacts and habitat areas and to function as transitional habitat The buffer shall be of sufficient size to ensure the biological integrity and preservation of the wetland the buffer is desi ned to protect Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 11 A minimum buffer width of 100 feet shall be established. Uses allowed within the wetland buffer are limited to: 1) those uses allowed within wetlands per Coastal Element Policy C 6.1.20; 2) a vegetated flood protection levee is a potential allowable use if, due to siting and design constraints, location in the wetland buffer is unavoidable, and the levee is the most protective of coastal resources including wetland and ESHA; 3) No active park uses (e.g. tot lots, playing fields, picnic tables, bike paths, etc.) shall be allowed within 100 feet of wetlands preserved in the ®pen Space Conservation area. B. Environmentally Sensitive Habitat Areas: Only uses dependent on the resource shall be allowed. Environmentally Sensitive Habitat Areas (ESHA) Buffer Areas: A variable width buffer area is required along the perimeter of the ESHA and is required to be of sufficient size to ensure the biological integrity and preservation of the ESHA the buffer is designed to protect. A minimum buffer width of 297 to 650 00shall be established between all residential development or active park use and raptor habitat within the eucalyptus droves. Uses allowed within the ESHA buffer are limited to: 1) uses dependent on the resource; 2) wetland and upland habitat restoration and management; 3) vegetated flood protection levee that is the most protective of coastal resources including wetland and ESHA Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 12 4) within the northern grove ESHA buffer only- passive nark use may be allowed if it is more than 150 feet from the ESHA, but only when it is outside all wetland and wetland buffer areas and does not include any uses that would be disruptive to the ESHA Uses allowed within the passive nark areas shall be limited to: a) nature trails and benches for passive recreation, education and nature study: b) habitat enhancement, restoration, creation and management. 5) within the southern grove ESHA buffer only-a water quality Natural Treatment System may be allowed so long as it is located in an area that is most protective of coastal resources and at least 246 feet from the ESHA. 6 In addition to the eguired ESHA buffer described above, grading shall be prohibited within 500 feet of an occupied raptor nest during the breeding season (considered to be from February 15 through August 31); naiad On Moir huMn am jjMj#QdAg& Rti QjC, Habitat Management Plan shall be prepared for all areas designated Open Space-Conservation which shall include restoration and enhancement of delineated wetlands, wetland and habitat mitigation, and establishment of approprlate buffers from development. t Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 13 D. Protective Fencing: Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas. SUGGESTED MODIFICATION No. 6 On page IV-C-60 and IV-C-61, under the heading Visual Resources, The Bolsa Chica Mesas, revise to include visual resources within Parkside area as follows: The northwestern side of the Bolsa Chita Ecological Reserve includes bluffs that rise to an upland area known as the Bolsa Chica Mesa. These bluffs are primarily under the County's jurisdiction (only a small part of the bluff lies in the City) but are within the City's Sphere of Influence for potential future annexation. The mesas constitute a significant scenic resource within the City's coastal Zone. The 50 acre site(located west of and ad iacent to Graham Street and north of and adjacent to the East Garden Grove intersburg Orange County flood Control Channel) known as the "Parkside"site affords an excellent opportunity to provide a public vista point. A public vista point in this location would provide excellent public views toward the Bolsa Chica and ocean. Use of the public vista point will be enhanced with construction of the Class I bike path along the flood control channel and public trails throughout the Parkside site. SUGGESTED MODIFICATION NO. 7 On page IV-C-70 add the following language in the first paragraph under the heading Environmentally Sensitive Habitats, to include reference to the wetland and Eucalyptus ESHA on the Parkside site: ... The City's Coastal Element identifies two three"environmentally sensitive habitat areas"within the City: 1) the Huntington Beach wetland areas, and 2)the California least tern nesting sanctuary, and 3) the wetlands and Eucalyptus ESHA on the Parkside site. (See Figure C-21 for location of No. 1 and 2). The Coastal Element includes poficies to protect and enhance environmentally sensitive habitat areas in accordance with the Coastal Act. Also, on page IV-C-72 add the following new section describing.the Eucalyptus ESHA and wetlands on the Parkside site, after the paragraph titled California Least Tern Nesting Sanctuary: Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 14 Parkside Eucalyptus ESHA and Wetlands (See Fi_qure C 6a) Historically, this site was part of the extensive Bolsa Chica Wetlands system and was part of the Santa Ana River/Bolsa Chica complex. In the late 1890s the Bolsa Chica Gun Club completed a dam with tide-gates, which eliminated tidal influence, separating fresh water from salt water. In the 1930s, agricultural ditches began to limit fresh water on the site, and in 1959, the East Garden Grove-Wintersbur_g Flood Control Channel isolated the site hydrolo_gically. Nevertheless, wetland areas remain present at the site. There are existing and previously delineated wetlands, and areas that have been filled without authorization and are capable of being restored These areas as well as their buffer areas are designated®pen Space- Conservation and uses allowed within these areas are limited In addition, on the site's southwestern boundary, at the base of the bluff, is a line of Eucalyptus trees that continues offske to the west. These trees are used by raptors for nesting, roosting, and as a base from which to forage. The trees within this "eucalyptus-grove"within or adjacent to the subject site's western boundary constitute an environmentally sensitive habitat area (ESHA) due to the important ecosystem functions they provide to a suite of raptor species. The Eucalyptus trees along the southern edge of the Bolsa Chica mesa are used for perching, roostiyggq, or nesting by at least 12 of the 17 species of raptors that are known to occur at Bolsa Chica. Although it is known as the "eucalyptus grove". it also includes several palm trees and pine trees that are also used by raptors and herons. None of the trees are part of a native plant community. Nevertheless, this eucalyptus_grove has been recognized as ESHA by multiple agencies since the late 1970's (USFWS, 1979; CDFG 198Z 1985) not because it is part of a native ecosystem, or because the trees in and of themselves warrant protection, but because of the important ecosystem functions it provides. Some of the raptors known to use the grove include the white tailed kite, sharp-shinned hawk, Cooper's hawk, and osprey. Many of these species are dependent on both the Bolsa Chica wetlands and the nearby upland areas for their food. These Eucalyptus trees were recognized as ESHA by the Coastal Commission prior to its 2006 certWication of this section of this LCP, most recently in the context of the Coastal Commission's approval of the adjacent Bri_ghtwat_er development(coastal development permit 5-05-020). The Eucalyptus _grove in the northwest corner of the site, although separated from the rest of the trees by a _gap of about 650 feet provides the same types of ecological functions �g"as do the rest of the trees bordering the mesa. At least ten species of raptors have been observed in this grove and Cooper's hawks, a California Species of Special Concern, nested there in 2005 and 2006. Due to the important ecosystem functions of providing perching roosting and nesting opportunities for a variety of raptors, these trees also constitute ESHA. These areas as well as their buffer areas are designated®pen Space-Conservation,and uses allowed within these areas are limited. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 15 The wetlands, Eucalyptus ESHA areas, and buffer areas foraw . are designated Open Space-Conservation to assure they are adequately protected SUGGESTED MODIFICATION NO. 8 Add the following policy to the certified Land Use Plan, on page IV-C-100 as new policy C 1.1.3a: C 1.1.3a The provision of public access and recreation benefits associated with private development(such as but not limited to public access ways, public bike paths, habitat restoration and enhancement, etc.) shall be phased such that the public benefits) are in place prior to or concurrent with the private development but not later than occupation of any of the private development. SUGGESTED MODIFICATION NO. 9 Add the following policy to the certified Land Use Plan, on page IV-C-105 as new policy C 2.4.7: C 2.4.7 The streets of new residential subdivisions between the sea and the first public road shall be constructed and maintained as open to the _general public for vehicular, bicycle. and pedestrian access. General public parking shall be provided on all streets throughout the entire subdivision. Private entrance gates and private streets shall be prohibited. All public entry controls(e.g. _gates, gate/guard houses, guards, si_gnage, etc.) and restrictions on use by the general public (e.g. preferential parking districts, resident-only parking periods/permits, etc.) associated with any streets or parking areas shall be ,prohibited. SUGGESTED MODIFICATION NO. 10 -Modify the following existing LUP Water and Marine Resources policies as follows: C 6.1.6 (modify third and fourth paragraph) The City shall require that new development and redevelopment, as appropriate, employ nonstructural Best Management Practices (BMPs)and structural BMPs designed to Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 16 minimize the volume, velocity and pollutant load of stormwater runoff, prior to runoff discharge into stormwater conveyance systems, receiving waters and/or other sensitive areas. All development shall include effective site design and source control BMPs. When the combination of site design and source control BMPs is not sufficient to protect water quality, structural treatment BMPs along with site design and source control measures shall be required. BMPs should be selected based on efficacy at mitigating pollutants of concern associated with respective development types. To this end, the City shall continue implementation of the Municipal Stormwater National Pollution Discharge Elimination System (NDPES)standards permit(Santa Ana Regional Water Quality Control Board Order No. R8- 2002-0010, dated January 18, 2002, or any amendment to or re-issuance thereot) of which the City is a co-permittee with the County of Orange through the Santa Ana Regional Water Quality Control Board. Per program parameters, continue to require a Water Quality Management Plan for all applicable new development and redevelopment in the Coastal Zone, ... C 6.1.16 Encourage the Orange County Sanitation District to accept dry weather nuisance flows into the sewer treatment system prior to discharge. New developments sha1/be designed and constructed to minimize or eliminate dry weather nuisance flows to the maximum extent practicable. C 6.1.25 Require that new development and redevelopment minimize the creation of impervious areas, especially directly connected impervious areas, and, where feasible, reduce the extent of existing unnecessary impervious areas, and incorporate adequate mitigation to minimize the alteration of natural streams and/or interference with surface water flow. The use of permeable materials for roads, sidewalks and other paved areas shall be incorporated into new development to the maximum extent practicable. Add new policy C 6.1.30 Natural or vegetated treatment systems (e.g, blo swales, vegetative buffers, constructed or artificial wetlands) that mimic natural drainage patterns are preferred for new developments over mechanical treatment systems or BMPs (e- q. water quality treatment plants, storm drain inlet filters). Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 17 SUGGESTED MODIFICATION NO. 11 Add the following policy to the certified Land Use Plan, on page IV-C-123, as new policy C 7.2.7 Any areas that constituted wetlands or ESHA that have been removed, altered, rilled or de_graded as the result of activities carried out without compliance with Coastal Act requirements shall be protected as required by the policies in this Land Use Plan. 111. FINDINGS FOR APPROVAL OF THE LAND USE PLAN AMENDMENT WITH SUGGESTED MODIFICATIONS The following findings support the Commission's action of November 14, 2006 approving Land Use Plan amendment 1-06 if modified as suggested. Changes to the findings contained in the staff recommendation dated November 1, 2007 necessary to reflect the Commission's action are indicated as follows: Language added as a result of the Commission's action is shown in bold italic, double underline. Language deleted as a result of the Commission's action is shown in Ana-bin ggndQFJ,-, 1-1 The Commission hereby finds and declares as follows: A. Land Use Plan Amendment Description The proposed Local Coastal Program (LCP)amendment is a project-specific amendment designed to make possible a low density residential development up to a maximum 7 dwelling units per acre (dua)on a vacant, approximately 50-acre site comprising two legal lots, most of which is currently in agricultural production. Most of the site is currently uncertified, and the proposed LUP amendment would incorporate those areas into the City's existing LUP and establish land use designations for those areas as well as for the currently certified parts of the site. The geographic area that is the subject of this proposed LUP amendment can be divided into three areas. See Exhibit C4. The largest section is an area of the City that was deferred certification by the Commission at the time the City's Land Use Plan (LUP) was originally certified, in 1982, and that deferral carried through to the eventual LCP certification in 1985. The area of deferred certification (ADC)is approximately 40 acres.' 1 The staff report and Commission findings from the 1982 LUP certification are not entirely clear about how much area was deferred certification. However,the City has clearly depicted the area subject to this LCP amendment(through the i Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 18 This amendment request proposes to certify this area by bringing it within the City's existing LUP and applying land use designations to the area. Just northwest of the ADC is a 5 acre area that is currently certified (see footnote 1) and designated Open Space-Parks. The City has resubmitted this area for certification with the same designations. Finally, there is a five acre area southwest of the ADC that was under the jurisdiction of the County of Orange until it was annexed by the City in 2004. Like the ADC, the City proposed to certify that area by bringing it within the broader City LUP, and land use designations are proposed for this area as well. The proposed amendment would allow the majority of the site to be developed with low density residential development, and would also set aside a portion of the site for open space uses including parks and conservation. The amendment does not propose to create any new land use designations that are not already used in the existing LUP. Each of the land use designations proposed already exist within the certified Land Use Plan (LUP). The land use designations that are proposed to be applied at the subject site have been applied elsewhere within the City's certified LUP. However, because the site is an area of deferred certification or was recently annexed, no land use designation has ever been approved by the Commission at the subject site (with the exception of the 5 acre area designated and zoned Open Space- Parks). The current zoning of approximately 38 acres of the site is Residential Low Density, which has not been certified by the Commission. Specifically, the amendment request proposes the following land use designations (see exhibit C): Land Acres Use RL- 7 Low Dens i Residential-Maximum 7 units per acre 38.4 acres OS-P Open Space-Park 8.2 acres OS-C O en Space-Conservation 3.3 acres As stated, the area of deferred certification is forty acres and the former County parcel is five acres. In addition to the 45 acre area, the City has also included in this amendment the five acre area that was not deferred certification. The certified area totals approximately 5 acres and is land use designated and zoned Open Space—Parks. Most of the certified five acre parcel is slope area and not usable as an active park area. The proposed amendment would retain that land use, and would expand that designation into the formerly deferred area, for a total of 8.2 acres of Open Space-Parks. This five acre segment brings the total size of the subject site to 50 acres (40 acre ADC, 5 acre former County parcel, 5 acre certified area). exhibit to its resolution)and clearly"resubmitted"any portions of that area that may currently be certified. For purposes of this staff report,we refer to the uncertified area as being 40 acres,and the acreage of the other areas subject to this LUP amendment are calculated accordingly. However,if the City does not accept the Commission's certification with suggested modifications,and the current status quo remains,the Commission does not,by these descriptions,take any position on the issue of what area is currently certified and what area is ADC. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 19 Of the approximately 5 acre former County area, 1.7 acres are proposed to become low density residential and 3.3 acres are proposed to become Open Space—Conservation (these figures are included within the totals in the chart above). In addition to establishing land use designations for the subject site, the amendment also proposes text changes to the LUP. The certified LUP includes a section of area-by-area descriptions. In this section of the LUP, the acreage figure is proposed to be changed to reflect the annexation of the former County parcel (from the current 44 acre figure to the proposed 50 acre figure). In addition, language describing the area as vacant and an area of deferred certification is proposed to be replaced with the following language: The Coastal Element land use designation for the vacant 45 acre area next to the East Garden Grove-Wintersburg Flood Control Channel was recently certified as RL-7(Low Density Residential) and OS-P(Open Space—Park). In addition, approximately 5 acres of land was annexed from the County of Orange into the City of Huntington Beach. This area is designated RL-7(Low Density Residential) and OS— C(Open Space— Conservation). The subject area is currently comprised of two parcels: one 45 acre parcel (historic City parcel)and one 5 acre parcel (former County parcel). B. Site Description and History The site address is 17301 Graham Street, Huntington Beach, Orange County. It is bounded by Graham Street to the east, East Garden Grove Wintersburg Flood Control Channel (EGGWFCC)to the south, unincorporated Bolsa Chica area to the west, and existing residential uses to the north (along Kenilworth Drive). The development to the north is located within the City. The land to the north and to the east of the project is located outside the coastal zone. The areas located east of Graham Street, south of the EGGWFCC, and immediately north of the subject site along Kennilworth Drive are all developed with low density residential uses. To the northwest, a multi-family condominium development, Cabo del Mar, exists. To the west of the subject site, are undeveloped properties known as the Goodell property and Signal Landmark property. To the southwest of the subject site ties the Bolsa Chica wetlands restoration area. The 3.3 acre.area on the subject site proposed to be land use designated Open Space-Conservation is adjacent to the wetlands restoration area. West of the Goodell property is the site of the recently approved Brightwater development for 349 residential units (coastal development permit 5- 05-020). The Brightwater site,the Goodell property, and the Signal Landmark property are located on the Bolsa Chica mesa. The majority of the subject site has been more or less continuously farmed since at least the 1950s. The majority of the site is roughly flat with elevations ranging from about 0.5 foot below Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 20 mean sea level to approximately 2 feet above mean sea level. The western portion of the site is a bluff that rises to approximately 47 feet above sea level. Also, generally near the mid-point of the southerly property line is a mound with a height of just under ten feet. The EGGWFCC levee at the southern border is approximately 12 feet above mean sea level. Historically, the site was part of the extensive Bolsa Chica Wetlands system. In the southwest corner of the site, on the former County parcel, the City, property owner and Commission are in agreement that an approximately 0.45 acre wetland is present. In the 1980s, as part of the review of.the County's proposed LUP for the Bolsa Chica, the Department of Fish and Game (CDFG) in the document titled "Determination of the Status of Bolsa Chica wetlands" (as amended April 16, 1982), identified this area as "severely degraded historic wetland —not presently functioning as wetland", and considered it within the context of the entire Bolsa Chica wetland system. Also, in 1989, the U.S. Environmental Protection Agency(EPA) published its delineation of an approximately 8 acre wetland area in the northwest area of the site, near the base of the bluff. At the time of the EPA delineation, the area was being farmed. The topography of the agricultural field has been significantly altered since about 1998. As a result, the area delineated by EPA no longer is inundated or saturated for long periods except during exceptionally wet years. Water now tends to inundate an area near the flood control channel (designated "WP") and an area at the base of the western bluff(designated "AP"), both of which were identified as wetlands by the Commission's staff ecologist. However, the Commission found at its November 14, 2007 meeting that the IMP is not wet enough long enough to result in the formation of h"dric soils and does not exhibit sufficient hvdrologv that would support a predominance of hvdroph1*s in most"ears. The City and property owner do not contest designation of the AP as wetland. In addition, on the site's western boundary, generally along the base of the bluff, are two groves of Eucalyptus trees. The trees are used by raptors for nesting, roosting, and as a .base from which to forage. At the time the City's LUP was first considered for certification, in 1981, the Commission denied certification, in part because the City proposed low density residential land use designation for the site that is the subject of the present amendment request and the Commission found the site to contain wetlands. The City re-submitted the LUP in 1982, but it made no change to the proposed low density residential land use designation for the subject site. Once again, the Coastal Commission in its action on the City's proposed Land Use Plan, denied the certification for the MWD site (as the subject site was previously known), finding that it did contain wetland resources and that the designation of this parcel was an integral part of the ultimate land use and restoration program for the Bolsa Chica. The Commission findings for denial of the LUP for this area note the importance of-this area in relation to the Bolsa Chica LCP. Of the 3.3 acres proposed to be.Open Space—Conservation, none is located within the 40 acre area that was deferred certification. The site was being farmed at the time of the Commission's-denial of the low Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 21 density residential land use designation for the subject site. A related coastal development permit application had been submitted for the subject site, 5-06-327 Shea Homes, but that application has since been withdrawn similar to prior applications (previously submitted and then withdrawn were application Nos. 5-06-021, 5- 05-256 and 5-03-029 for the same development proposal), as well as an appeal of a City permit for the certified area (A-5-HNB-02-376). The appealed action remains pending, but the applicant waived the deadline for the Commission to act on the appeal. The Commission anticipates acting on the appeal in conjunction with a future permit application. The permit application and appeal request subdivision of the site to accommodate 170 single family residences, construction of the residences and associated infrastructure, preservation of the wetland identified on the former County parcel, and dedication and grading of active public park area. C. LCP history The LCP for the City of Huntington Beach, minus two geographic areas, was effectively certified in March 1985. The two geographic areas that were deferred certification were the bulk of the subject site (known at that time as the MWD site—see footnote 1), and an area inland of Pacific Coast Highway between Beach Boulevard and the Santa Ana River mouth (known as the PCH ADC). The subject site is northeast of the Bolsa Chica LCP area. At the time certification was deferred, the subject area was owned by the Metropolitan Water District (MWD). The site has since been sold by MWD and is currently owned by Shea Homes. Both of the ADCs were deferred certification due to unresolved wetland protection issues. Certification of the subject site was also deferred due to concerns that it might be better utilized for coastal-dependent industrial facilities, since MWD at that time had a "transmission corridor" parcel within the Bolsa Chica Lowlands that it indicated could be used to connect seawater intake facilities located offshore to facilities located on its switchyard parcel in the City of Huntington Beach, through the subject parcel. This is no longer a possibility, since the State has taken over the lowlands, and given the development of the areas surrounding the subject parcel since 1982 (and pending development that has already been approved), this site is no longer appropriate for coastal dependent industry. The PCH ADC was certified by the Commission in 1995. The wetland areas of that former ADC are.land use designated Open Space—Conservation and zoned Coastal Conservation. No portion of the former PCH ADC is part of the current amendment request. A comprehensive update to the City's LUP was certified by the Commission on June 14, 2001 via Huntington Beach LCP amendment 3-99. The City also updated the Implementation Plan by replacing it with the Zoning and Subdivision Ordinance (while retaining existing specific plans for areas located within the Coastal Zone without changes). .The updated Implementation Plan was certified by the Coastal Commission in April 1996 via LCP amendment 1-95. Both the LUP update and the 1P update maintained Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 22 the subject site as an area of deferred certification. This LCP amendment was originally submitted as LCPA No. 2-02. LCPA 2-02 was subsequently withdrawn and re-submitted as LCPA 1-05. LCPA 1-05 was also withdrawn and re-submitted. The current amendment, LCPA 1-06 is the most recent submittal of the same amendment. No changes have been made to the amendment proposal during any of the withdrawal and re-submittals. The withdrawal and re-submittals were done in order to provide the property owner additional time to prepare and submit additional information regarding the presence of wetlands on-site and the use of the eucalyptus grove by raptors, and to allow Commission staff adequate time to review the additional information. LCPA 1-06 was received on April 13, 2006. On June 13, 2006, the Commission granted an extension of the time limit to act on LCPA No. 1-06 for a period not to exceed one year. - a Cn ,.. inn -akti..n An I r-®6 Ain d nA_:r. ,.. �' 'nno On Mav 10. 2007, the Commission voted to deny the subject Land Use Plan amendment, as submitted A motion (i.e. the main motion) was made to approve the Land Use Plan amendment with modifications, but upon deliberation, the hearing w s continued. The LCPA was subseguent1 scheduled for Commission action at its July 9-13, 2007 hearing. The LCP amendment originally proposed changes to both the Land Use Plan fLUP) and the Implementation Plan !LP). On July 3, 2007, the city withdrew the P portion of the LCPA. The Commission recognized the withdrawal of the IP amendownt at its July 11. 2007 hearing. Also at its July 11. 2007 hearing. the Commission postponed action on suggested modifications for the LUP portion of the LCPA. At its November 14. 2007 meeting. the Commission approved the LUP amendment with suggested mod cations. On April 1-0 2008. the Commission granted an extension of the time limit for the City to act on suggested modifications to the LCPA. D. Land Use Plan Format The City's certified Land Use Plan includes a section of Goals, Objectives and Policies. These are organized by specific resources, including headings such as Land Use, Shoreline and Coastal.Resource Access, and Recreational and Visitor Serving Facilities, among many others. These are the certified policies that apply City-wide within the coastal zone. Another section of the certified LUP is the Technical Synopsis. The Technical Synopsis is an area-by-area description of each segment of the City's coastal zone. This section includes the descriptions of the existing land use designations. It also includes,after a narrative description of the sub-areas, Table C-2..Table C-2 is titled "Community District and Sub-area Schedule" and it provides greater specificity of what is allowed and encouraged within each subdistrict. This greater level of specificity provides a more detailed, site specific description than would be provided if the land use designation or general policies were considered alone. Table C-2 provides language on how general policies and designations would apply to specific sub areas of the coastal zone. Taken all together,these work well as the standard for development in the coastal zone. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 23 The format of the suggested modifications applies this same structure to the amendment site. Many of the issues addressed by suggested modifications would be required by the general LUP policies, but, consistent with the format of the LUP, the suggested modifications are intended to provide a greater level of detail that applies to the specific circumstances of the subject site. For example, although the City's public access policies may be adequate to require a bike path along the EGGWFCC levee, the LUP format calls the reader's attention to the fact that, at this particular site, a bike path is appropriate and is therefore being required in this amendment. If one were working from the policies alone, some opportunities at certain sites may not be recognized. The LUP's existing format significantly maximizes the protection of resources within the coastal zone. The suggested modifications carry out that same format in order to assure protection of resources at the amendment site. E. Approval of the Land Use Plan Amendment if Modified 1. Incorporation of Findings for Denial of Land Use Plan as Submitted The findings for denial of the Land Use Plan as submitted are incorporated as if fully set forth herein. The Commission denied the LUPA as submitted at the Commission's May 10, 2007 hearing. The findings for denial of the LUPA as submitted that were provided in the May 2007 recommendation are found in Attachment A, attached to this Staff report ....t;...� Unix =371 fin i "a En 2. Wetland The proposed amendment includes an Open Space Conservation designation on a 3.3 acre area within the former County parcel. The 3.3 acre area includes an undisputed wetland area (see 3`d revised exhibit NN). The proposed Conservation designation is appropriate for this area. However, additional wetland areas exist at the subject site that are not proposed to be protected with the Open Space Conservation (OSC)designation and are addressed in the following findings. Wetlands often provide critical habitat, nesting sites, and foraging areas for many species, some of which are threatened or endangered. In addition, wetlands can serve as natural filtering mechanisms to help remove pollutants from storm runoff before the runoff enters into streams and rivers leading to the ocean. Further, wetlands can serve as natural flood retention areas. Another critical reason for preserving, expanding, and enhancing Southern California's remaining wetlands is because of their scarcity. As much as 75% of coastal wetlands in southern California have been lost, and, statewide up to 91% of wetlands have been lost. Section 30121 of the Coastal Act states: Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 24 "Wetland"means lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. The Commission has further specified how wetlands are to be identified through regulations and guidance documents. Section 13577(b)(1) of the Commission's regulations states, in pertinent part: Wetlands shall be defined as land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes ... For purposes of this section, the upland limit of a wetland shall be defined as: (A)the boundary between land with predominantly hydrophytic cover and land with predominantly mesophytic or xerophytic cover, (B) the boundary between soil that is predominantly hydric and soil that is predominantly nonhydric,or (C)in the case of wetlands without vegetation or soils, the boundary between land that is flooded or saturated at some time during years of normal precipitation, and land that is not Section 30231 of the Coastal Act states, in pertinent part: The biological productivity and the quality of... wetlands ... appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, ... preventing depletion of ground water supplies and substantial interference with surface water flow, maintaining natural vegetation buffer areas that protect riparian habitats, ... Section 30233(a)of the Coastal Act states: The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging altemative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: 9) New or expanded port, energy, and coastal-dependent industrial facilities, including commercial fishing facilities. 2) Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. 3) In open coastal waters, other than wetlands,including streams, estuaries, Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 25 and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities. 4) Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines. 5) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. 6) Restoration purposes. 7) Nature study, aquaculture, or similar resource dependent activities. Section 30250 of the Coastal Act states, in pertinent part: (a) New residential ... development ... shall be located ... where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. In addition, the City's LUP includes Policy C 6.1.20,which limits filling of wetlands to the specific activities outlined in Section 30233 of the Coastal Act. And LUP policy C 7.1.4 states, in pertinent part: "Require that new development contiguous to wetlands or environmentally sensitive habitat areas include buffer zones." The Coastal Commission staff ecologist has reviewed considerable amounts of information regarding the extent.of wetlands at the site, much of which are listed in his memorandum which is attached as Exhibit K. The property owner has submitted numerous documents intended to demonstrate that there are no wetlands on site, beyond the wetlands recognized on the former County parcel (i.e. the CP wetlands). Local citizens have .submitted documents intended to demonstrate that there are significantly more wetlands on site than that recognized in the CP wetlands. These citizens are concerned by the prospect that development may be allowed to occur within wetlands at the site if the LUP amendment were approved as submitted (and as reflected in the related coastal development permit application 5-06-327, Shea Homes, and appeal A-5-HNB-02-376). In addition, the staff ecologist has reviewed historical information regarding the subject site and surrounding area. All this information has been reviewed by the staff ecologist and is considered in his memoranda attached as Exhibits K, LLL, and QQQ to this staff report and are hereby incorporated into these findings in their entirety. The Commission's Mapping/GIS Program Manager has also reviewed numerous historic and more recent aerial photographs and topographical information. The purpose of the Mapping/GIS Program Manager's review was to identify changes due to landform alterations such as grading and filling, and to attempt to delineate disturbed areas dating from the time the Coastal Commission's jurisdiction began at the project site (1/1/77). The results of his review are reflected in his memoranda dated 7/2/07 and 10/25/07, attached as exhibits MMM and RRR of this staff report and which are hereby incorporated into these findings in their entirety. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 26 In brief summary, results of the review of the aerial photos and topographic maps indicates that topography has changed on site, particularly in the area delineated by the EPA as wetlands in their 1989 publication (generally in the northwest area of the site). Changes are also identified in the area of the former equestrian facility(generally in the southwestern portion of the site between the CP and WP areas). However, at its November 14, 2007 hearing, the Commission found. based on evidence presented. that no wetlands exist in the IMP area. In the aerial photo taken on May 21, 1970, the western extension of Slater Avenue is visible just north of the flood control channel embankment on the subject property. The 1970 photo establishes a pre-Proposition 20, pre-Coastal Act baseline for gauging the extent of land alterations and other changes that occurred later(post Coastal Act, 1/l/77). A clearly distinguishable topographic depression in the area of the EPA wetlands is depicted on topographic maps from 1970, 1980,. and 1996. However, by 2006 that depression was no longer present in the same configuration. The lowest area had been displaced to the west abutting the base of the mesa and the historic EPA wetland area had been relatively flattened. In the area of the former equestrian facility, the aerial photos and topographic maps also show disturbance. In the images from 1981 on, fill is evident in the area that was developed as an equestrian facility. It appears that fill first appears in conjunction with establishment of the equestrian facility, with additional fill being placed over the life of the facility. The extent of fill has migrated, primarily to the north, but also, to some extent, to the southwest. € WmEWP and AP Areas With regard to existing wetlands, based on his review of the available data, the Commission's staff ecologist determined that additional wetland areas exist at the subject site. The Commission's staff ecologist considered first questions of whether additional wetland areas exist at two specific areas of the subject site. The results of the staff ecologist's review regarding the presence of additional wetland at the two specific sites (described below as areas AP and WP) are reflected in his Memorandum, dated 7/27106, attached as exhibit K to this staff report. For the reasons listed in that memorandum and below, the Commission concurs and adopts its ecologist's conclusions with regard to the .area known as the Agricultural Pond (AP) ..d,.►'¢s^^� mw-Aindfi. XN4 Two specific areas 0 were evaluated for the pLesence of additional wetland area. at4 The two siteA are referred to as the Wintersburg Pond or WP, which is adjacent to the East Garden Grove Wintersburg Flood Control Channel (EGGWFCC) levee along the southern edge of the site; and the Agricultural Pond or AP, located near the base of the bluff along the western edge of the property. The proposed LUP amendment would designate these wetland areas Low Density Residential and Open Space-Parks. These land use designations allow grading, and the construction of houses, roads, and active parks, which wcould necessitate the dredging and filling of the wetlands if wetlands are present in these areas. Such uses within wetlands are inconsistent with Section 30233 of the Coastal Act and with LUP Policy C 6.1.20 which limits filling of Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 27 wetlands to the specific activities outlined in Coastal Act Section 30233. The memorandum dated July 27, 2006 from the Commission's staff ecologist states: "The available data suggest that portions of the agricultural field ... are inundated or saturated at a frequency and duration sufficient to support a preponderance of wetland plant species ... Such areas meet the definition of wetlands under the Coastal Act and the Commission's Regulations." There are three factors or"parameters"that are used to determine whether or not a wetland exists: the presence of hydrophytic vegetation, the presence of hydric soils, and the presence of wetland hydrology. The Commission finds an area to be wetland if any one of the three parameters is present. Usually, the presence or absence of hydrophytes or hydric soils is sufficient to determine whether a wetland exists. However,-those two indicators are not necessary, as they do not actually define a wetland. Rather, an area is defined as a wetland based on whether it is wet enough long enough that it would support either of those two indicators. Therefore, the removal of vegetation by permitted activities does not change a wetland to upland. Section 30121 of the Coastal Act provides the statutory definition of wetlands: "...lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes ..." Section 13577(b)(1) of the California Code of Regulations provides the regulatory definition of wetlands: "... land where the water table is at,.near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes" Thus, the Coastal Act and the Regulations provide that a determination of the presence of wetlands may be made based on whether an area demonstrates the presence of sufficient water to promote hydric soils or to support hydrophytes, whether or not the soils and vegetation are present under existing conditions. Because this area was historically a salt marsh and because the site has been historically farmed and continues to be farmed as of the adoption of these findings, the typically used field indicators cannot be relied upon. The grading and repeated discing and plowing associated with the existing agricultural use destroys hydric soil features and prevents the development of natural vegetation. The evidence presented in the ecologist's memo and summarized below-#mkt sua that the AP and WP areas are wet enough long enough to "support the growth" of hydophytes. JIMS If so,the WP and AP areas would meets the definition of wetlands contained in the Commission's regulations. the WP and AP woul also meets the Coastal Act definition of wetlands if they "periodically covered in shallow water." However, based on all the evidence presented fincludina the memoranda prepared by Commission staffff, information submitted by the City. the property owner, the public and public testimony) the Commission found that the area of the IMP is not wet enough Iona enough or frequently enough for the developrn t of a preponderance of hydrophvtic vegetation or hydric soils. Therefore. the Commission finds that the area known as WP is not a wetland Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 28 The wetland conclusion is based on two lines of evidence: (1) an examination of the vegetation at a nearby location that is similar in history, physical characteristics, and hydrology to the depressions in the agricultural field,2 and (2) an informed estimate of the frequency and duration of continuous inundation at various sites. Areas WP and AP were matched by the Commission's staff ecologist, with wetland areas on the County parcel that were similar in elevation and topography. Inundation in the agricultural pond AP areas and at the reference wetlands was similar in pattern, further suggesting that the latter is a good proxy for the former. Therefore, since the dominant vegetation at the reference areas is mostly comprised of wetland species, it is reasonable to expect that the agricultural areal AP would also support a predominance of hydrophytes in the absence of farming (Le. that it is wet enough long enough and frequently enough to support such vegetation). Although, prior to about 1990, inundation hadn't been apparent in the depression adjacent to the EGGWFCC (WP area) and inundation occurred there less frequently than in the area of the AP;in recent years,ale the Commission considered omMmee information regarding whether the WP is inundated for long duration following significant rainfall. We'ahing the conflicting information submitted. the Commission found that the IMP was not inundated for long duration following significant rainfall. Establishing the extent of wetlands at the site, given its history of farming and disturbance, is not straightforward. The best approach for this site regarding WP and AP known to the Commission at this time is to base the wetland boundary on current conditions as inferred from recent topography and the available photographs of recent inundation. EPA Delineated Wetland 0989) Prior to about 1990, it appears from aerial photographs that significant inundation was generally confined to the area delineated as wetland (just east of the area of the AP) by the EPA in its 1989 publication. Based on analysis of aerial photographs dating from 1958 to 1985, the property owner's biological consultant concluded that inundation in that area tended to have a different footprint in different years and, based on this observation, he z In the second to last footnote in Dr.Dixon's memo,he notes that the topography of the reference site is actually similar to that of WP as it existed in 2003,not at present. More recently a box plough was used to fill area WP,which is apparent in 2006 topographic maps. The box plough fill is under investigation by Commission staff as an alleged violation. Accordingly,relying on the topography prior to the alleged violation yields.the appropriate comparison. Additionally,the hydrology section of Dr.Dixon's memo states that LSA biologists stated that WP didn't pond until after about 1973. However,if this is due to changes in topography that occurred before 1973,it is again appropriate to focus on the post-1973 topography,as that represents current conditions. Conditions prior to 1973 may be irrelevant if topographical conditions changed prior to 1973,as such changes were pre-Coastal Act and therefore not Coastal Act violations. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 29 argued that no particular area should be identified as a wetland. However, all his estimated wetland polygons in the western portion of the agricultural field appear to fall within the area delineated by the EPA. In the absence of wetland vegetation, the drawing of wetland boundaries is an approximate exercise based on a small and haphazard collection of aerial photographs or ground observations and estimates of topography. Given the approximate nature of such delineations, it appears the consultant's results are actually additional evidence that the EPA delineation was reasonable at the time it was made. However, it appears that the area of the EPA delineation (8.3 acres)was based on extra-normal site circumstances. As described in the October 25, 2007 memorandum prepared by the Commission's staff ecologist, the 8.3 acre estimate of the wetland size appears to have been based largely on observations made during the period when increased runoff from off-site was temporarily directed onto the subject site. This appears to have occurred during the construction of the Cabo del Mar condominiums on the adjacent property from sometime after 1978 until sometime before 1986. If one considers the area delineated by EPA under normal conditions (i.e. no excess off site drainage directed on-site), a more likely estimate for the wetland area can be made. Based on the Bilhom (1987) and EPA (1989) estimates of wetland area during the period of construction of the Cabo del Mar condominiums, estimates of water availability during the period of interest, and the estimated size of ponded areas in available photographs, a reasonable estimate of the average area that ponded is 4.0 acres. The 1987 and 1989 studies by Bilhorn and EPA were based on field work done prior to 1987. The October 25, 2007 memorandum is attached to this staff report as exhibit QQQ and is hereby incorporated by reference as though fully set forth herein. As discussed in detail below, the EPA wetland is no longer present. Existing CP Wetland Substantial evidence suggests that the wetland area of the CP is larger than what has been recognized in the LCP amendment submittal. The wetland area recognized by the City and property owner on what is known as the former County parcel totals 0.45 acres. However, additional CP area should be included in the CP wetland acreage. This wetland area was filled without authorization from the Commission. In a letter dated 917/82 from the Department of Fish and Game (DFG)to Coastal Commission staff, the DFG determined the area, prior to placement of the unpermitted fill, to be wetlands, and recommended removal of the fill and revegetation (see exhibit BBB). Pursuant to Coastal Development Permit No. 5-82-278,the unpermitted fill was to have been removed and the area revegetated. Based on comparison of topographic(1980)and vegetation maps (Vegetation Communities, Exhibit 26 of the Bolsa Chica Land Use Plan, dated January 1982)created before the unpermitted fill was placed,with topographic maps (1986 and 1982)created subsequent to the time the fill was placed, the elevation of the subject area was increased by at least 2 feet. Because of the unpermitted fill, the pickleweed within the filled area was no longer viable. Development approved pursuant to Coastal Development Permit 5-82- Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 30 278 included removal of the unpermitted fill to an elevation of approximately three inches below the grade of the existing adjacent pickleweed stand [area of the recognized CP wetland]and revegetation of the area with one or more of the following species: pickleweed, spiny rush, frankenia, sea lavender, and shoregrass. However, elevations in the fill area are not consistent with pre-fill elevations. Rather, topographic maps prepared subsequent to the unpermitted fill and subsequent to the issuance of Permit 5-82-278 depict the fill area at an elevation at least two feet above the adjacent CP wetland. This leads to the conclusion that removal of the fill and revegetation never occurred. Were it not for this unpermitted development, the area would have remained wetlands area. Unpermitted development cannot be used as a basis to justify development in areas where, were it not for the unpermitted development, such development would not be allowed. Thus, consideration of appropriate land use designation must consider site conditions as if the unpermitted development had not occurred. Therefore, this area is considered a wetland. As proposed, the amendment would allow land uses like residential and related uses, like roads, within wetland areas. Thus, the proposed land use designation is not consistent with Section 30233 of the Coastal Act. Potential Unpermitted Development Unpermitted development cannot be used as a basis to justify development in areas where, were it not for the unpermitted development, such development would not be consistent with the requirements of the Coastal Act. The site, as has been mentioned, has historically been farmed. Discerning changes in topography on the order of a few feet to fractions of a foot over the course of 30 years and ascertaining that such changes are not due to normal farming activities at a site where farming activities are on-going is problematic. Nevertheless it is important to assure that if wetland areas have been eliminated due to unpermitted activity, that those areas are considered as if the unpermitted activity had not occurred. Thus, if areas that would have met the Commission's definition of a wetland have been altered such that they no longer meet that definition only due to unpermitted activity, that area must be afforded the same protection as would be required had the unpermitted activity not illegally altered the wetlands. It has been suggested that the land alterations in the area of the EPA delineated wetland were the result of"normal farming activity" and so could not be considered unpermitted development in terms of the.need for a coastal development permit. However, any activities,whether normal farming activities or other,that would result in the fill of wetlands cannot be exempt from the need to obtain approval of a coastal development permit. Regarding "leveling of land as a normal farming activity", a joint EPA and Department of the Army memorandum3 states: "grading activities that would change any area of water of the United States, including wetlands, into dry land is not exempt." Furthermore, Section 323.4(a)(1)(iii)(D) of the Army Corps of Engineers regulations pertaining to discharge of dredged or fill material into the waters of the United States, states that the term plowing a Memorandum Clean Water Act Section 404 Regulatory Program and Agricultural Activities;United States EPA and United States Department of the Army,May 3; 1990 j I Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 31 "does not include the redistribution of soil, rock, sand or other surficial material in a manner which changes any area of the water of the United States to dry land." The Commission agrees and finds that if a wetland is filled and no coastal development permit has been obtained, the fill activity constitutes unpermitted development. The Commission makes no determination at this time whether the fill activitlC constitutes unpermitted development Regardless of the precise nature of the long- time farming activitu because the LCPA proposes allowing non-farming uses such s the proposed residential and Dark uses outside of the modified wetland and buffer area, and reguires restoration of a 4.0-acre modified EPA wetland along with establishment of a 100-foot buffer adiacent, the Commission finds that the modified EPA wetlands is protected as a wetland under the Coastal Act In a letter dated July 9, 2007 submitted to the Commission at its July 2007 hearing from the California Farm Bureau Federation (see exhibit XXX), raises three issues regarding the LCPA staff report: 1) staffs recommendation relies on an EPA study, but there may no longer be any federal jurisdiction authority based on more recent EPA guidance documents; 2)the subject site's status of"prior converted cropland"; and 3) what constitutes "normal farming activities." Regarding more recent EPA guidance documents the letter states: "In light of new USEPA and USACOE memorandums and the Staff Report's reliance on these agencies'findings, there may no longer be any federal jurisdictional authority over the disputed wetlands. In turn, this may alter key conclusions in the staff report." The documents referenced describe procedures to be followed in determining when the EPA/USACE have jurisdiction in implementing the Clean Water Act. The guidance documents assist only in determining when a Section 404 permit is necessary from the EPA and have no bearing on a past wetland delineation and cannot be interpreted as negating a past delineation. Furthermore, one of the referenced documents (Memorandum: Clean Water Act Section 404 Regulatory Programs and Agricultural Activities) states: "For example, if a farmer has been plowing, planting and harvesting in wetlands, he can continue to do so without the need for a Section 404 permit, so long as he does not convert the wetlands to dry land (emphasis added]." Thus, even by the standards cited by the Farm Bureau, fanning that converts a wetland to dry land is not exempt from the requirement to obtain Section 40.4 review. Furthermore, the 1989 EPA wetland delineation assessed the presence of wetlands and found that wetlands did exist at the site. Commission staff have reviewed that study as well as a great deal of other information (as cited in the Commission staff memoranda) and, as is outlined in the staff memoranda, found the EPA wetland delineation valid (with adjustments as described elsewhere).. A change in other agencies'guidance documents a has no bearing on the results of the earlier wetland delineation. The letter also raises the question of whether the subject site should be considered "prior converted cropland". The Farm Bureau letter states: "Farm Bureau also believes that the Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 32 Coastal Commission should apply and document the site specific facts of this issue against USACOE RGL 90-7 and USEPA's applicable regulations and guidance documents regarding prior converted cropland." The letter further states: "However, attention should be given to the disputed area's present and recent past characteristics and use as prior converted crop land." The letter refers to a November 20, 1998 letter from the Natural Resource Conservation Service designating the subject site as prior converted cropland. That November 20, 1998 Natural Resource Conservation Service letter states that it based its determination that the site is "prior converted cropland"on two factors: 1) the site has been farmed prior to 1985, and, 2) designation of the property as "Prior Converted Cropland"by the Army Corps of Engineers in 1992, review of their designation in 1998 and an independent report from Lisa Kegarice of Tom Dodson and Associates in December of 1997 have determined that this property meets the criteria for Prior Converted Cropland." However, the Commission's staff ecologist's memo dated July 27, 2006 (exhibit K) includes review of the Natural Resource Conservation Service's 1998 letter(among many other documents) and addresses the issue of"prior converted cropland" at length. As described in greater detail in the Commission ecologist's 7/27/06 memo, the decision to dismiss the site from regulation under the Clean Water Act, was based on the faulty work contained in the Kegarice report of 1997 and the fact that errors in that report have been perpetuated without challenge until now. Furthermore, designation of a site as prior converted cropland simply allows on-going farming to continue. The proposed LUP amendment would not continue farming at the site, so that designation, even if it had been accurately applied, is moot when considering allowing non-farming uses such as the proposed residential and active park uses. Finally, the Farm Bureau letter questions Commission staffs assessment that activities f that have occurred on site are not normal farming activities. On-going farming activities, such as plowing and discing, that are consistent with the continuance of existing wetlands constitute normal farming activities. However, methods, such as grading, that go beyond normal farming activities have occurred on site, resulting in the loss and/or fill of wetlands, and do not constitute normal farming activities. Moreover, members of the public have also presented evidence to suggest that activities that are employed at the site do not constitute normal farming activities. And, they have argued, those activities have, over time, substantially reduced the presence and extent of areas that would otherwise have met the Coastal Act definition of wetland. Such activities include, but may not necessarily be limited to, use of a bulldozer and a box plough to move earth in the area of the agricultural field. The Commission concurs that use of such earth moving equipment, particularly when it results in the fill of wetlands, is not typically associated with normal farming activities. Development, including earth movement on a scale that requires a bulldozer or box plough, in an area of known wetland presence(i.e. 1989 EPA wetland delineation; Commission's 1982 and 1984 actions deferring certification of the site; DFG Study of Wetlands at Bolsa Chica), without an approved coastal development permit may constitute unpermitted development. Also, other non farming activities have historically occurred on the site. In 1982 the Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 33 Commission approved the above mentioned coastal development permit No. 5-82-278. The approved development was located near the southwest corner of the site, straddling the former City/County boundary(see exhibit BBB). Fill (1,500 to 3,000 cubic yards)for an expanded parking area was explicitly approved as part of that coastal development permit. Evidence shows that only the area of the expanded parking lot that was explicitly described in the approved permit was approved for placement of fill under that coastal development permit approval. If so, any additional fill in the area of the remaining equestrian facility r#sl may constitute unpermitted fill. The development described in the application for the coastal development permit requests the following: placement of mobile home as a caretaker facility; additional stable facilities [emphasis added]; grading and fill of a parking facility for approximately 50 cars; removal of fill and revegetation [described previously]; and placement of a fence around the revegetated area. The City's 1981 Conditional Use Permit for the project (CUP No. 81-13) refers to a request to expand [emphasis added] an existing horse facility. The City's CUP staff report states: "The existing [emphasis added] temporary horse stable on the site has been in operation since 1966."and "According to the applicant most of the existing [emphasis added]facilities were installed prior to 1977. These characterizations of portions of development existing prior to the Commission's jurisdiction in the area (which began on 1/1/77)were carried over into the Coastal Commission staff report for 5-82-278. However, review of aerial photos indicates that the equestrian facility was not present until 1978, after the Commission's jurisdiction in the area began. Both the City and County of Orange planning staff have reviewed their records for permits for the stable facility that predate 1978, but have found no permits earlier than 19814. Regardless of whether or not any portion of the equestrian facility pre-dates the Coastal Act, review of historic aerial photos and topographic maps indicate subsequent actions at the subject site have resulted in fill beyond the footprint and/or at higher elevations than what was approved under coastal development permit 5-82-278. Any fill placed on the site, other than that specifically approved for the 50 space parking area approved under cdp 5- 82-278,is maV be unpermitted. It should be noted that a coastal development permit application was submitted in 1993, 5- 93-376 (Hole in the Wall Stable). The 1993 application requested approval of continued use of.the existing equestrian facility(formerly Smokey's Stables). At that time Commission staff determined the request was exempt from the need for a coastal development permit because it simply requested continued use of an existing facility, no construction or grading/fill was proposed (see exhibit DDD). It appears the request was mischaracterized in that the equestrian facilities present in 1993 were larger still than even those requested in 1982. In addition, at the direction of Commission staff,the current property owner submitted a s °The County approved CUP No.80-92 to permit the establishment of a commercial stable on the County portion of the site on 2/26/81. i i �l Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 34 coastal development permit application for discing the site in 1999 (5-99-303, Shea Homes). In response to that application, staff informed the applicant at that time that no permit was needed "based on the property's prior usage for agricultural purposes." (see exhibit NNN). However, staffs determination that no permit was necessary was based on a 1998 letter from CDFG (Exhibit YYY), stating that, based on a consultant's report, no wetlands were present and the likelihood of wetland restoration on site was slim. But that CDFG assessment relied, not on an actual wetland delineation by CDFG, but rather on the flawed analysis contained in a wetlands assessment of the site conducted by Tom Dodson and Associates (Kegarice, 1997)5. Thus, staffs determination that no permit was needed was in error, based on faulty information prepared by others. Furthermore, staffs determination that no permit was necessary was also based on the characterization by the applicant (Shea Homes)that the development requested was discing of the site. The letter from staff indicating no permit was necessary responded only to the request to continue shallow discing of the farmed area. However, the site has been subjected to farming practices that am go beyond what can be considered "normal farming activities"and which were not described as part of the project description in the permit application. Supporting this conclusion are recently documented incidents at the site that include use of a bulldozer and a box plough. In addition, in his memorandum dated 7/2/07 (exhibit MMM), regarding the history of the EPA wetland area, the Commission's Mapping/GIS Program Manager concludes dramatic changes have occurred in this decade. The 7/2/07 memorandum states "Although agriculture has gone on in this area since the 1930's, the elevations have consistently indicated a topographic depression here. Aerial photography shows repeated instances of ponding in the area. In this decade the topography has changed dramatically, with the obliteration of the depression in its original location and the creation of a smaller, narrower depression at the western margin of the agricultural field." However, other than permit 5-82-278 and the two circumstances mentioned above, no other permit history for the site has been discovered. The question of whether development occurred without benefit of an approved coastal development permit is particularly important due to the history of wetlands on site. There is evidence to suggest that areas where topography has been modified may have supported wetlands. If wetlands were present at the time of past development, the Coastal Act requires that those wetlands be protected. Review of historic aerial photos of the site, comparison of various historic and recent topographic maps of the site, photos of earth moving equipment not normally associated with farming activities, and earth moving in the area of previously delineated wetlands (i.e. EPA) also raise significant questions as to whether the site has been altered in ways that would have required a coastal development permit. Construction of the Cabo del-Mar condominiums—outside the coastal zone, but adjacent to the subject site—appears to have included development that extended onto the subject 5 See exhibit K, Memo from the Commission's staff ecologist explaining why that analysis is flawed and does not reflect actual site conditions. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 35 site and thus, within the coastal zone. Prior to the development of the Cabo del Mar condominiums (c. 1983— 1985), a portion of the runoff from the approximately 22-acre site drained onto the Parkside property and contributed to the hydrology of the wetland mapped by EPA. At some point after the Cabo del Mar construction, the drainage was directed to new drain pipes that were installed across the subject site. Section 30231 of the Coastal Act requires that all wetlands be maintained by preventing substantial interference with surface water flow. Construction of the drainage pipes impacted one source of water that fed the EPA wetland, inconsistent with Section 30231 of the Coastal Act. Such development would have required a coastal development permit from the Coastal Commission. However, no such permit was obtained. Regarding the EPA wetland area, evidence suggests that this wetland relied on surface water rather than groundwater. Any loss of runoff would have a negative effect on the wetland that was historically present in the EPA area and on the wetlands that are currently present. Open Space Conservation Area In summary, in order to be most protective of wetlands, the additional wetland area, beyond what is proposed to be designated Open Space-Conservation, must be recognized and appropriately designated under this LUP amendment. At a minimum, that would include the APB and expanded CP areas, and portions of the wetland area identified by the EPA in a document published in 1989. Although it is very likely the area between the former equestrian facility and the WP would be considered wetland area now were it not for unpermitted development, that determination cannot be conclusively made. w agfi... L...#r.. ..1...« i..B...« 6...,.^d6...r•..:4L. 6�^ .. .a 4.. h.. an�d-, --i i r..w.s e w 6a •«wr^w e.^ 6L.^ a a that The area delineated by the EPA as wetland totaled approximately 8.3 acres. However, as described in the October 25, 2007 memorandum prepared by the Commission's staff ecologist, the 8.3 acre figure appears to have been based on observations during a period when construction activities on an adjacent properly resulted in a temporary direction of excess off-site drainage onto the subject site. Several lines.of evidence suggest that a reasonable estimate for the size of the wetland before and after the construction is about 4.0 acres. Long-time farnaina activities resulted in the loss of the 4-acre EPA wetland area. Section 30233 of the Coastal Act requires that loss of wetlands due to fill must.be mitigated. The Commission typically requires mitigation.at a ratio of 4:1 (area of mitigation to wetland area lost). The Corhmission ffnds Haag t e kfifi 04 0-acre modified EPA wetland must be r for . However, the anhaufaMe ^activities that resulted in the loss of the EPA wetland area also contributed to the creation of wetlands in the area of the l AP.. Thus, it would be appropriate to ! MZILE IN -' - - is••..=.�lac�.°ii - aim-• - ai: �.c_.�:Li_i'.- -- _ - � _ __ _ __ _ ;.ai�u. �..�.• _ _ _- vuliiii-curl P. lorr __�.�:■ -.� - - - Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 37 --nod at the tima ;a 002gi-Idasholn �,.•,..,,.r is l rwai.,•, st,wa Iw»„I. ,. ..►agle.„ws:. na w .w.d Un dwr Chic I np 2wandwant "gat ig -I..dd'a w 'wa,, . ...s/w.+.d.. .....s�wa:.... ..a..rwa:.... w...,/ gFenr TA al.wa and is iw lmn@4219f f.A wwe...ri. sl.wi wiJw.a..wa� w 1 w. -d —Waiatfen is /1uan snaga,. /+......wr.,waion I ordsr w_.-ass .r.. that-9 g'sh 0 12 ir, ..a w. 'da i r w//r..w..lMd filifFCO sfimdOn t:'G Ecuw r ..r.. ninagrilmad,.I -•.....,.' a The Commission finds that only if modified consistent with the land use designations depicted on e 46'' revised exhibit NN, can the proposed LUP amendment be found to be consistent with Sections 30233 and 30231 of the Coastal Act which require protection of wetlands. Moreover, the entire area was originally deferred certification due to the historic presence of wetland on site. In deferring certification originally, the Commission found: North Properties of the Bolsa Chica (Between Wintersburg Channel& base of Bluffs) (MWD Site #1 (virtually identical to the subject site of current LCP amendments]) The LUP designates this site for low density residential uses. No modifications were made in the LUP from the previous denial by the Commission. The Commission found in its "Preliminary.Wetlands Determination for the Bolsa Chica Local Coastal Plan, March 11, 1980, that all available information demonstrated that the vast majority of the Bolsa Chica low lands exhibit all the characteristics set forth for the identification of wetlands pursuant to Section 30121 of the Coastal Act and concluded that the information supported a preliminary determination that areas identified on Exhibit J of the "Preliminary Determination" are wetland for the purposes of the Coastal Act. The Commission had also previously found in its denial of the City's LUP that this area contained wetland resources. Since that action and the previous review of the City's LUP, the Commission and staff.have examined additional information concerning the Bolsa Chica wetlands system. As part of the review of the Bolsa Chica LUP the Dept. of Fish and Game in the document"Determination of the Status of Bolsa Chica wetlands (as amended April 16, 1982) identified this area as "severely degraded Historic wetland—Not Presently Functioning as Wetland"and considered it within the context of the entire 6 As indicated in footnote 1,the boundaries of the MWD site at the time of the 19-82 staff report were not entirely clear. However,the site clearly covered what is now the 40-acre ADC and may have covered the former County parcel and some of the 5-acre certified area as well. Moreover,it did not extend south of the flood control channel,so the observations recounted here are definitely applicable to the site that is the subject of the current application. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 38 Bolsa Chica wetland system. The DFG determined that this area is part of a 1,000 acre degraded wetland system in the area outside State ownership which is capable of being restored. The DFG report noted.- "The 440 acres of historic wetland which no longer function viably as wetland consists of approximately 250 acres of roads, and pads, 70 acres of agricultural land[including the subject site], and about 120 acres of viably functioning upland habitat. The roads and fill areas presently function as resting substrate for wetland-associated wildlife,and form narrow ecotones which add to and enhance the diversity of habitat available to wildlife. The 120 acres of upland habitat, considered in union, may be considered environmentally sensitive because of their special role in the Bolsa Chica wetland ecosystem. Were it not for the involvement of dikes, roads and relatively shallow fills, these 440 acres would be viably functioning wetlands. The entire 1,324 acre study area, including 1,292 acres of historic wetland(in which 852 acres still function viably as wetlands[sic]constitutes a fundamentally inseparable wetland system of exceptional value to wildlife." The DFG also discussed potential restoration of these areas and noted that the amount of acreage and location of wetlands to be restored will be dependant on the amount of fill and existing wetlands which could be consolidated to allow some development in the lowlands. Thus, when the Commission originally deferred certification of the subject site, it did so based on the presence of wetlands. The Commission found that the site contained wetlands, even though the wetland functions were impaired, as is the case today. Moreover, farming was on-going at the time certification was deferred. Thus, the area was deferred certification even though the wetlands were impaired and farming was on-going. No change to those conditions have occurred in the intervening years. Thus, one cannot argue today that the site does not contain wetlands due to on-going farming activities or due to the impaired condition of the wetlands. Furthermore, unpermitted activities cannot be used as a basis to say that wetlands no longer exist at the site. In addition, in deferring certification of the site the Commission recognized that the site was an integral part of the overall Bolsa Chica wetland system and could feasibly be restored. If the site were to be restored it would be a valuable addition to the Bolsa Chica wetlands restoration project. Sources to feed a restored wetland at the site would come from rainfall and possibly from the adjacent_EGGWFCC, as well as urban runoff. And perhaps also from re-establishing the site as the location to accept runoff from the Cabo del Mar condominiums. In any case, restoration of the site as a freshwater wetland would be consistent with the historic wetland system which would typically have included a freshwater component, albeit significantly inland of the subject site. The addition of freshwater habitat to the Bolsa Chica wetlands restora#ion would greatly increase the biodiversity of the overall restoration project. In addition, taken with the preservation of the Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 39 eucalyptus grove, described below, the area would provide significant habitat benefits. In addition to protecting the wetland area itself, it is important to establish buffer areas between the wetland and development. Buffers, by separating development from wetlands, minimize the adverse effects of development on wetlands, thereby avoiding significant adverse effects to resources. Buffers also provide transitional habitat and upland area necessary for survival of various animal species. The Commission has typically found that a minimum 100-foot buffer, or larger, is necessary to protect wetlands. Without the establishment of a minimum buffer size, projects could be approved with an inadequate buffer,jeopardizing the continuing viability of the wetland. Section 30250 of the Coastal Act requires that new development be located where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. Wetlands constitute a coastal resource. In addition, Section 30231 of the Coastal Act requires that all wetlands be maintained by providing natural vegetation buffer areas. The City's certified LUP includes Policy C 7.1.4, which requires buffers around wetlands. This policy would apply to the subject site, but it allows a lesser buffer area if existing development or site configuration preclude a full 100 feet. In this case, such circumstances do not apply because the site is 50 acres in size and is not constrained by the site configuration or by existing development. A buffer less than 100 feet from all on-site wetlands is not adequately protective of the wetland. The proposed amendment does not recognize all wetland areas present on site and does not provide any buffer requirements specific to the site. Thus, as proposed, the amendment could result in locating development too close to the wetland, threatening the survival of the resource, inconsistent with Section 30250 which requires that the location of development avoid significant adverse effects on coastal resources such as wetlands and Section 30231 which requires natural vegetation buffer areas. The extent of wetlands on site over the last 30 years, and past activities on the site that may have impacted those wetlands are difficult to determine with certainty. The a Commission is charged with protecting wetlands, and limiting uses allowed within wetlands, as well as assuring that any allowable use is the least environmentally damaging alternative and that adequate mitigation is provided. The Commission must also assure that the quality of wetlands is maintained by, among other things, preventing substantial interference with surface water flow. In order to achieve these requirements, the Commission must review the evidence available to it, even when that evidence may conflict or be incomplete, and arrive at a conclusion that is most protective of wetlands. In 5 this case, the Commission, after reviewing available evidence, finds that on balance there is stronger evidence to support the conclusion that there are significantly more wetlands at the site than has been recognized in the LUPA request. At a minimum, the additional wetland area includes the AP, expanded CP,the area delineated by the EPA in 1989 (as adjusted Any wetland delineation prepared for the subject site must recognize that the site is both a ' `difficult site to delineate' (i.e. an area where conditions make the use of standard field indicators of wetland parameters difficult [e.g. soils formed under hydric conditions Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 40 associated with tidal inundation that is no longer present]) and `atypical' because human activities (i.e. farming) have resulted in the lack of positive indicators of one or more wetland parameters. The wetland delineation must account for circumstances where indicators are absent or difficult to interpret but other evidence demonstrates that the component(s) recognized by the Commission that comprise a wetland are present or would be present if not for the `difficult' or`atypical' situation. For example, the wetland delineation must recognize and account for circumstances where vegetation indicators cannot be expected; hydric soil indicators may be artifacts of prior conditions; the soil surface is frequently disturbed, which removes indicators of recent inundation; plowing may drastically alter the soil profile; irrigation might confound the interpretation of the presence of recruiting wetland plants and the presence of indicators of recent hydric conditions. Because the site historically has been, more or less continuously farmed, these indicators may be lacking even though the area may be "wet enough, long enough" that wetland features would develop. It is critical that future wetland delineations of the site recognize this protocol and that, consequently, even if the usual wetland indicators are not observable, wetland areas must still be identified if those areas meet Coastal Commission criteria. Wetland delineations must be sufficiently current to represent present site conditions. As proposed, the LUP amendment does not include this clarifying information. Therefore a modification is suggested to specifically incorporate this standard into the site specific section of the LUP. It should be noted that construction of a flood protection levee within the wetland buffer area, provided it is the least environmentally damaging alternative, would not be incompatible with the continuance of the wetland. In order to be the least environmentally damaging alternative, the flood protection levee should be placed outside the buffer wherever possible, and as close to land designated for residential and/or active park uses as much as possible. According to the related coastal development permit application for the subject site and the project proponent,the type of flood protection levee to be constructed would be a vegetated flood protection feature (VFPF), essentially vegetated earthen berm with an internal sheet pile wall. The VFPF would not be expected to adversely impact the wetland because 1)there would only be temporary construction- related impacts, 2)once constructed,the VFPF would be planted to provide upland habitat that complements the wetland vegetation, and, 3)the VFPF would not require maintenance once constructed,thus intrusions into the buffer would be limited only to those necessary during construction. For these reasons locating a flood protection levee such as the one described above within the wetland buffer would be consistent with Sections 30233 and 30250 of the Coastal Act regarding wetland protection. that A ubstA bi-21 A A 4A—Who A AAAw loam .NA4Ad G"n Saaa r./A4:AN w/i../NAE A.lwwArL•.1A40ANA0A wr:Ar6A . lr.s�A.✓ AA47.lJd.l Ar iAA� N w�AM rNi.i�AII,wA4i.IIL'.l AAAIIr.Awl�AA6 A�AfAI.�..lAf1ANw/A �AAI A.lil1�AN .If��AA ri..J Af sAA 4:N.A LAA A ..A4A/lgA.lA/Aw.sawN4 war nU=wnffiftafiAn no murnommet A AANA/l.A:. Ai.'i.JA.,..A..A4r..tA:J Aa 4A.: :. l'AIANAA 4AAd rA..?IJA.a?:./Ar AA40.w ww.l ttgas ''�wl:A.».b.AIJ:EA:J..1i6A7N FAA AC /� .dA 6A.J Ash { a ll.rAAl.l Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 41 itm..., a ,.{ ..r..d..wd:.,,. ..i,.......d../..,..+O„ma .,,J:r. ..r,/,+. di. ,d,w .. 6...e.ad an th Furthermore, Section 30250 of the Coastal Act requires that new development be located where it will not have adverse effects on coastal resources. Wetlands constitute a coastal resource. Section 30231 of the Coastal Act requires that all wetlands be maintained and where feasible restored, by preventing depletion of ground water supplies and substantial interference with surface water flow and by maintaining natural vegetation buffer areas. Based on information submitted with the related coastal development permit application, a significant amount of earthwork would be necessary to prepare the site for residential development. It is essential that any earthwork undertaken on the site not interfere with the continuance of all on-site wetlands. No grading is allowed within the wetland and its buffer area under the Coastal Act(unless the grading is for the express purpose of wetland restoration). Grading, outside of the wetland, ESHA and necessary buffers, could only be considered if no adverse impacts to the wetlands resulted. If grading redirected groundwater and/or surface water flow such that water from the site no longer fed the Wetlands, it would create an adverse effect on the wetland, which is a coastal resource, inconsistent with Sections 30231 and 30250 of the Coastal Act. The proposed amendment does not include any requirements that other site development, including earthwork, assure that no adverse effect occur to the wetlands. Thus, even if no grading were to occur within the wetlands and buffer areas, adverse impacts to on-site wetlands might result from the LUP amendment as proposed. However, if the amendment is modified to include language that requires the protection of the wetlands from all development on-site, the amendment could be found to be consistent with Section 30250 of the Coastal Act which requires no adverse effects to coastal resources occur. In addition to the modifications suggested above, additional measures must be incorporated into the LUP amendment for the subject site to assure that future development adjacent to the wetland and buffer areas and throughout the site does not adversely impact the wetland. For example, if no restrictions were placed on landscaping throughout the site, invasive plants within the residential areas could invade the wetland areas, potentially displacing the wetland plants. In addition, pets from the residential development, if unrestricted, may enter the wetland area causing disruption. As proposed the LUP amendment does not include any site specific restrictions regarding potential impacts to continuation of the wetland, inconsistent with Section 30250 of the Coastal Act. However if modified to include a prohibition on invasive plants throughout the site, and a requirement for a domestic animal management plan, and fencing along the buffer/development interface, as part of the site specific LUP language,the amendment could be found consistent with Section 30250 of the Coastal Act. Specific suggested modifications to accomplish this are necessary to bring the proposed amendment into conformance with the Coastal Act. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 42 Members of the public have raised concerns that unpermitted development has taken place on the property that is the subject of this amendment, and that such unpermitted development has affected the extent of wetlands on the site. Unpermitted development cannot be used as a basis to justify development in areas where, were it not for the unpermitted development, such development would not be allowed. This is true whether there is a specific policy reflecting this in the LUP or not. In this case, however, the Commission has established Ve. the extent of wetlands on the property and a development footprint, .Jw...el.eses.nant ws tho imunfifinfed.M9R w w{w►r/m, { sa .unit far this situ is consider-er/ Ow..w..�s. 4L":s s'e._w /;.... V ese{rie -er...i {Ln�e /e..se�s.ei wiles. ��we.{e. w sre.. Je'4:ww{:.esn w{{L,w .wrwreiee. stewL ew it../iewr{(„w{ , - rs Unafs wesw/wse.vnwse{ w 6130ww/ .sn w{ Lew w w:.�/wrw..l w if{Lew •.s.r.wr.e•.:{{.ewl dalra/weesrewse{ Lew The Commission finds that only if modified as indicated on staff exhibit N1V R!Revisedj can the proposed land use plan amendment be found to be consistent with and adequate to carry out Sections 30233 and 30250 of the Coastal Act regarding wetlands. 3. Eucalyptus ESHA The subject site contains environmentally sensitive habitat areas (ESHA). The trees within the "eucalyptus grove,"within and adjacent to the subject site's western boundary are ESHA due to the important ecosystem functions they provide to a suite of raptor species. Section 30240 requires that ESHA be protected from significant disruption and that only uses dependent upon the resource are allowed within ESHA. In addition, Section 30240 requires development adjacent to ESHA be sited and designed to prevent impacts which x would significantly degrade those areas. Section 30240 further requires that development be compatible with the continuance of the habitat area. This policy is carried over into the City's certified LUP ESHA policies. In order to assure the ESHA is not significantly degraded and is protected and remains viable, in addition to precluding non-resource dependent development within the ESHA, a buffer zone around the ESHA must be established. A buffer zone would require that development adjacent to the ESHA be set back an appropriate distance from the ESHA. The setback is intended to move the development far enough away from the ESHA so as to reduce any impacts that may otherwise accrue from the development upon the ESHA and that would significantly degrade the ESHA or be.incompatible with its continuance. { The distance between the ESHA and development, the buffer zone, must be wide enough to assure that the development would not degrade the ESHA and also would be compatible with the continuance of the ESHA. : s Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 43 The property owner has suggested a "variable width buffer" as a means of protecting the ESHA 1see Attachment C. exhibits 1 and 2). A variable width buffer would be ppropriate. The variable width buffer proposed by the property owner would establish a minimum distance of 297 feet between the ESHA and residential or dive park development(note: 100 meters is 328 feet) The variable width buffer proposed by the property owner would establish a maximum buffer distance of at least 650 feet between the ESHA and residential or active park development:. In some areas of the site. the effective width of the buffer area would substantially exceed 100 meters due to the relative location of the EPA wetland area and buffer and the AP wetland and buffer, The area occupied by EPA and AP wetlands and their buffers would provide appropriate ESHA buffer in that developmnt with the related noise and activities would not occur within them and also those areas would remain viable as raptor foraging area. The property owner's proposed variable width ESHA buffer includes a water auality Natural Treatment System (NTS)as an allowable use within the ESHA buffer near the southern prove (see Attachment C. exhibits 1 and 21. The NTS as proposed by e property owner is setback a minimum of 246 feet from the ESHA. Portions of a Natural Treatment System (NTS), would be appropriate within the ESHA buffer as long as it is located as shown on Attachment C. exhibits 1 and 2. An NTS within the ESHA buffer subiect to the setback described above: would be acceptable because it would occupy only a very small portion of the overall buffer area. Furthermore. the NTS itself will provide some habitat value The shallow minter habitat will increase the variety of habitats within the buffer area. For these reasons, allowing an NTS type system within the outer ESHA buffer as shown on Attachment C. _exhibits I and 2 would not be expected to degrade the ESHA and would be compatible with its continuance. s proposed by the property owner the variable width ESHA buffer would prevent development that is not compatible with the continuance of the ESHA fr®m occurring in a location where it would disrupt the ESHA and disrupt it Therefore. he Commission finds the variable width buffer proposed by the property owner will deguately protect the entire ESHA. The buffer should not-be—measured-from mvoporum. It is important fp note. owever that the "eucalyptus"ESHA is an area that includes several species of on-native trees that provide important habitat for a large suite of raptors. These frees are predominantly eucalyptus, but also include pines and palms. Using aerial photographs, staff has drawn the boundaries of the ESHA by connecting the apparent drip lines of the outmost trees. -it has been sugaeste_d that this has resulted in including a clump of myoporum an invasive exotic that® obably is not important to raptors. Although it is appropriate to ignore the mvoporu - when rawing the boundary if other nearby trees are species that provide habitat for raptors, the latter should be included within the ESHA boundary even if that results in some mvoporum being present within the ESHA Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 44 warlabia :.dad. d u ff .fled .. 77A 6 a/.. C:.. 4 i/-.. , a �iRfa® �'- I---+� . .® 9® a ®9 O®9���177�aa�Bea a3a*F hog ..{...: .. that aa„ poponead.d...pl.....»ana ..high : ..1....1..E l...FC r .. /...... ah.... 4AR ...,.a„r.. : ...d.. ..a.. a.. .. ,.a..,.a ah.. 0 MA .. .:r.+:+l 8.v As proposed, ESHA area would be land use designated Open Space Parks, which would allow active park uses within the ESHA. In order to assure the ESHA is protected, in addition to precluding development within the ESHA, a buffer zone around the ESHA must be established. As proposed, the LUP amendment designates necessary buffer area Open Space Parks and Low Density Residential. The proposed designations would allow residential and park uses within the required buffer areas. Residential and park uses within ESHA and its buffer are inconsistent with Section 30240 of the Coastal Act. The land use designation that protects ESHA by limiting uses within ESHA to those allowed under Section 30240, and that prevents disruption of the habitat is Open Space Conservation. In order to assure that development adjacent to the ESHA does not significantly degrade or impair the continuance of the ESHA, the appropriate land use designation for both the ESHA and its buffer area is Open Space Conservation. Uses allowed within the ESHA buffer for the southern grove are limited to resource_ dependent uses, habitat restoration. and VFPF(described below). Ina within the northern grove ESHA buffer passive park use may be allowed if it is l cated more than 150 feet from the ESHA but the uses within the passive parka imited to nature trails, benches for passive use, and habitat enhancement restoration, creation and management_Such uses are acceptable within the ESHA buffer because they are compatible with the continuance of the ESHA It is also worth noting that California gnatcatchers (Polioptila califomica californica), a species listed as "threatened" under the Endangered Species Act, are known to frequent the subject site, especially the western portion. Also, Southern tarplant(Centromedia parryi ssp. Australis), a California Native Plant Society"1b.1" species(seriously endangered in California), also exists at the site. However, the Southern tarplant exists in scattered areas on the site. A focused survey documented the presence of 42 individuals, distributed in 6 locations. The Commission's staff ecologist, in a memo dated 12/19/06 (see exhibit N), concludes that neither the seasonal gnatcatcher foraging habitat nor the Southern tarplant on the subject site meet the Coastal Act definition of ESHA. Nevertheless, regarding gnatcatcher habitat on-site, the staff ecologist's memo states, "it is worth noting that the areas of marginal habitat where gnatcatchers have been observed Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06(Parkside) Page 45 are not proposed for development." Regarding the Southern tarplant, the memo states: "In contrast to the habitats on the Bolsa Chica mesa, the scattered areas containing southern tarplant on the Parkside property do not appear to be significant habitat for this species,and it is my opinion that these areas do not meet the definition of ESHA under the Coastal Act. In any case, if the amendment is modified as suggested, the gnatcatcher's habitat and the southern tarplant on site will be retained within the Open Space- Conservation designation. The land use designations within the ESHA must be limited to the designation that allows only those uses dependent upon the ESHA. In addition, the land use designation within the buffer zone must be the designation that allows only those uses compatible with the continuance of the ESHA, and that will not degrade the ESHA. Furthermore, it is important to assure the continuance of the raptor community by reserving adequate foraging area. In fact, the California Department of Fish and Game (CDFG)provided statements to this effect in a letter to the City dated June 15, 1998 commenting on the Draft Environmental Impact Report for the Parkside project (see Exhibit 777). In that letter, CDFG states that "...fa]gricultural areas, grasslands and wetlands are of seasonal importance to several species of raptors in Orange County by providing important, if not vital, staging and wintering habitat. These habitats also provide foraging areas for resident breeding raptors." CDFG goes on the express concern about the loss of raptor foraging areas Within the project site and vicinity and the impacts such loss may have on the adjacent Bolsa Chica Ecological Reserve. However, CDFG didn't suggest any specific mitigation for this loss in this letter. The wetland areas their buffers as well as the ESHA buffers will provide some rap-tor foraging area. '~ ^^^~ ^w�•-5 QQJ Q — a.nerei this x2th. w ..a'—d ws fba c..a..,,.s .,:s,. w8—.s .1' ..a of tha ....a.:,.,. ^��~� ~^0'�` ^�•'^~f�T As proposed, the LUP amendment would not preserve all ESHA areas ••"^' ~^` ^d^m•^ area:or provide required buffers and thus is not consistent with Section 30240 of the Coastal Act. In addition, because the proposed land use designations within and adjacent to ESHA do not limit the uses to those consistent with Section 30240 of the Coastal Act,the proposed LUPA is inconsistent with this Coastal Act requirement to protect ESHA. Therefore the amendment must be denied as proposed. However, if the proposed amendment were modified to land use designate all ESHA and necessary buffer area Open Space-Conservation as depicted on _'4e revised exhibit NN, the amendment would be consistent with Section 30240 of the Coastal Act. The above referenced exhibit depicts all areas on site that are recommended for designation as Open Space-Conservation (OS-C). The recommended OSC area encompasses all known wetland areas on site and necessary buffer nuination area, all ESHA on site and the required buffers lydfgaludanthpi-an—f—I area By retaining adequate area on site as OS-C, a Residential designation on the remainder of the site could be found compatible with continuance of the ESHA. V { Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 46 CCLIA r rr......:r��6...$F rar ..+:fi.....F:�w.. ..re& a .+i..r a i...IJb.. ....f..r../ir�..�r....s�d ie.ie�r.. /..r .,tant1 ..iga..l�!.� .. r.r:-,6- Art APT u.�.wl..! h- r. W()j.r at9 n /d.:w -pa, ha in it.win..ld r. eid- 6.nhig2t. 211f . i ..l..di.+.. 2b7tate. . ithin 9110 QQ92 ..r.. ..bonfi..!!.i �$El.., wi4� It should be noted that construction of a flood protection levee within the ESHA buffer, provided it is the least environmentally damaging alternative, would not significantly degrade the ESHA. Alternatives that minimize encroachment into buffer area are preferred. According to the related coastal development permit application for the subject site and the project proponent, the type of flood protection levee to be constructed would be a vegetated flood protection feature (VFPF), essentially a vegetated earthen berm with an internal sheet pile wall. The VFPF would not be expected to degrade the ESHA because 1)there would only be temporary construction-related impacts, 2)once constructed, the VFPF would be planted, thus providing habitat, and, 3)the VFPF would not require maintenance once constructed, thus intrusions into the ESHA buffer due to the VFPF would be limited only to those necessary during construction. For these reasons locating a flood protection levee such as the vegetated flood protection levee described above within the ESHA buffer would be consistent with Section 30240 of the Coastal Act regarding protection of ESHA. The actual design and construction of the flood protection levee would depend on its location. In addition to land use designating all ESHA area and necessary buffer and mitigation areas Open Space-Conservation, additional measures must be incorporated into the LUP amendment for the subject site to assure that future development does not adversely impact the ESHA. For example,fuel modification requirements necessary to protect future development from fire hazard must be addressed to assure habitat values within the ESHA and required buffer areas are not adversely affected. In addition, if no restrictions were placed on landscaping throughout the site, invasive plants within the residential areas could invade the ESHA areas, potentially displacing the ESHA plants. In addition, pets from the residential development, if unrestricted, may enter the ESHA area causing disruption. As proposed, the LUP amendment does not include any site development restrictions intended to eliminate the site development's potential disruptions to the ESHA, inconsistent with Section 30240 of the Coastal Act. However if modified to include a prohibition on invasive plants throughout the site, and a requirement for a domestic animal management plan, and fencing as part of the site specific LUP language, the amendment can be found consistent with Section 30240 of the Coastal Act. Specific suggested modifications to accomplish this are necessary to find the proposed amendment consistent with the Coastal Act. Therefore,the Commission finds that only as modified can the proposed amendment be found to be consistent with Section 30240 of the Coastal Act. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 47 4. Density As proposed the amendment would allow a density of up to 7 dwelling units per acre on approximately 38 acres of the 50 acre site which would yield a maximum of 266 units on the area proposed to be designated residential. However, the related coastal development permit application contemplates just 170 detached single family homes on relatively large lots. The City has proposed a residential land use designation of RL (Residential Low, maximum of 7 units per net acre). However, the City's certified LUP includes a residential land use designation of RM (Residential Medium, from 7 to a maximum of 15 units per net acre). The Commission's suggested modifications necessary to protect coastal resources would reduce the allowable development footprint from the proposed approximately 38 acres to approximately 26.5 acres. If developed at the maximum allowed under RL, a total of 119 units would be the maximum number possible. This would still provide a viable use of the site. However density consistent with the RM designation would also be acceptable within the allowable development footprint. If the RM designation were applied to the site, the maximum total number of units possible would be 255 units, significantly more than the number currently contemplated by the property owner's development plan. Although 255 units are not guaranteed under the RM designation, the ability to establish more units under RM leaves the property owner with greater flexibility in determining the best use of its property. It is worth noting that, although the project site abuts a low density, single family detached residential development to the north (along Kenilworth Drive and Greenleaf Avenue), there are also higher density multi family residential developments adjacent to and nearby the project site. The previously described Cabo del Mar condominium complex is adjacent to the subject site. Immediately to the north and west of Cabo del Mar are additional multi family residential developments. Thus developing at a higher density at the subject site would not be out of the scale or character of the surrounding development. In addition, Section 30250 of the Coastal Act encourages residential development to be concentrated in areas able to accommodate it. The higher residential density allowed under the RM designation would allow development at the site to be concentrated in the northeast portion of the site, consistent with this Coastal Act requirement. Thus, a modification is suggested which would allow the City, at the time it considers accepting the suggested modifications recommended herein, to apply either the RL or the RM designation. 5. dater Quality Section 30230 of the Coastal Act requires that marine resources be maintained, enhanced, and where feasible, restored. Section 30231 of the Coastal Act requires that the biological productivity and quality of coastal waters be protected. The City's certified LUP includes policies.that reflect the requirements of 30230 and 30231 of the Coastal Act. Development has the potential to adversely impact coastal water quality through the Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 48 removal of native vegetation, increase of impervious surfaces, increase of runoff, erosion, and sedimentation, introduction of pollutants such as petroleum, sediments, metals, cleaning products, pesticides, and other pollutant sources. The 50 acre project site is currently undeveloped, with the exception of farming activities. Under existing conditions, no runoff leaves the site during most rainfall events. However, installation of impervious surfaces and activities associated with residential development and related hardscape represent a potentially significant impact to water quality downstream of the project, which include the Inner and Outer Bolsa Bay, Muted Tidal Pocket wetlands, Huntington Harbour, and Anaheim Bay Wildlife Refuge. These downstream areas are likely to suffer increases in water quality impairment when site development produces greater volumes and velocities of runoff as well as introducing increased pollutant loads. It is important that LUP language for the subject site clearly address potential adverse impacts arising due to post development runoff into the channel and significant water bodies downstream. This is especially true because little or no runoff currently leaves_the site during most rainfall events. However, the proposed amendment does not include such language. Without such language the LUP amendment is not consistent with the water quality policies of the Coastal Act. The subject site represents an excellent opportunity to incorporate a natural treatment system, such as a wetland detention system. There are multiple benefits from natural treatment systems such as pollutant removal, groundwater recharge, habitat creation, and aesthetics. Furthermore, maintenance needs are typically more apparent and less frequent with natural/vegetative treatment systems and thus are more likely to remain effective than mechanical systems such as storm drain inserts and the like which can become clogged and otherwise suffer mechanical difficulties. If mechanical treatment control BMPs are not continually maintained they will cease to be effective, and consequently water quality protection would not be maximized. Incorporating a natural treatment system, such as wetland detention pond system is feasible at the site. The site is an appropriate candidate for a natural treatment system because it is a large site unconstrained by existing development, limited lot size or limited by topography. There is plenty of space on the site to accommodate a wetland detention or similar type system while still allowing a reasonable development footprint. Moreover, because little or no drainage currently leaves the site, it is important that development of the site not result in creation of new adverse water quality impacts such as would result from increased runoff leaving the site. In order to achieve the goal of not creating new adverse water quality impacts, all dry weather flow would need to be retained on site to the maximum extent practicable. The best way to accomplish retention of dry weather flow on site typically is some type of natural treatment system. Furthermore, in order to protect water quality year round it is appropriate to impose a standard that any runoff that leaves the site must meet. The generally accepted standard for stormwater runoff is a requirement to treat at least the 85"'percentile storm event, with at least a 24-hour 3 Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 49 detention time. If dry weather runoff cannot be retained on site, it should be treated (e.g., detained for at least 48 hours and where practicable for seven days in a natural treatment system). The current LUP amendment does not require these site-specific water quality measures and standards. Therefore, there is no assurance that water quality will be protected. Consequently the amendment is not consistent with the water quality policies of the Coastal Act and must be denied. In addition, although the existing LUP includes policies that require projects to incorporate water quality BMPs, none of the existing LUP policies express a preference for types of treatment control BMPs. The preferred option for treatment control BMPs is, first, a natural treatment system (e.g. bio-swales, vegetative buffers, constructed or artificial wetlands), then, second, a combination of natural treatment and mechanical systems or BMPs, and last, use of mechanical treatment systems or BMPs alone (e.g. site-specific water quality treatment plants, storm drain filters and inserts). In addition, application of appropriate site design and source control BMPs reduces the amount of runoff that would need treatment control measures. Thus, site design and.source control BMPs should be considered first in order to adequately size any necessary treatment control BMPs. In addition, the LUP does not contain any policy citing a hierarchy of preference for different types of BMPs. Without such an LUP policy, there is no guarantee they will be incorporated into projects when it is feasible to do so. Natural treatment systems, for the reasons described above, provide better water quality protection, among other benefits.. Consequently the amendment is not consistent with the water quality policies of the Coastal Act and must be denied. However, if the amendment is modified as suggested to include this in LUP policy language, it would be consistent with the water quality policies of the Coastal Act. The use of permeable materials for paved areas in new developments is a site design and source control measure which can reduce the rate and volume of the first flush of stormwater runoff and can help to minimize or eliminate dry weather flow. The proposed amendment does not include any discussion on the benefits of incorporating permeable materials into the design of future projects. However, if the amendment is modified as suggested to include this in LUP policy language, it would be consistent with the water quality policies of the Coastal Act. In addition, as proposed, the amendment does not include any requirements to minimize or eliminate dry weather flows through the use of site design and source control BMPs. Consequently, adverse water quality impacts due to dry weather flows are not minimized. However, if the amendment were modified as suggested to incorporate policy language addressing this measure, the amendment would be consistent with the water quality policies of the Coastal Act. The current City of Huntington Beach LCP Policy 6.1.6 (paragraph 4)states that, the City shall continue.implementation of the Municipal Non-Point[sic] Source National Pollution Discharge Elimination System (NPDES) standards program which is required by an order Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 50 of the Santa Ana Regional Water Quality Control Board. The policy also states that the City will continue to require a Water Quality Management Plan for all applicable new development and redevelopment in the Coastal Zone. The Commission finds this policy should be modified to include the correct name and date of the permit and to incorporate this permit by reference into the Local Coastal Program. Updates to the NPDES permit (such as the update expected in 2007) should be submitted to the Executive Director for an LCP amendment. While the Commission recognizes that the City's existing policies address water quality protection and improvement within the City, it also recognizes that there are additional, more specific steps that could be taken to further protect, restore and/or enhance the water quality of downstream sites (EGGW flood control channel, Bolsa Chica wetlands restoration area, Huntington Harbour, and Anaheim Bay Wildlife Refuge)that will be effected by runoff generated by development of the site. The proposed amendment could 3 not be found consistent with Sections 30230 and 30231 of the Coastal Act, if feasible measures known to positively impact water quality were not included in language specific to the subject site as part of the current amendment proposal. The Commission's standard of review, which requires the preservation, protection, and enhancement of coastal resources including water quality, necessitates that the additional measures, outlined above, be imposed. Thus,the Commission finds that only if modified as suggested is the proposed amendment consistent with Sections 30230 and 30231 of the Coastal Act regarding water quality. 6. Public Access and Recreation Section 30210 of the Coastal Act states: i In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. a Section 30252 of the Coastal Act states, in pertinent part: The location and.amount of new development should maintain and enhance public access to the coast by... (3)providing nonautomobile circulation within the development, (4)providing adequate parking facilities or providing substitute means of serving the development with public transportation, ... (6) assuring that the. recreational needs of new residents will not overload nearby coastal recreation areas by correlating the amount of development with local park acquisition and development plans with the provision of onsite recreational facilities to serve the new development. Coastal Act Section 30212.5 states: 3 Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 51 Wherever appropriate and feasible, public facilities, including parking areas or facilities, shall be distributed throughout an area so as to mitigate against impacts, social and otherwise, of overcrowding or overuse by the public in any single area. Coastal Act Section 30213 states, in pertinent part: Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. Coastal Act Section 30223 states: Upland areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible. In addition, the City's certified LUP contains the following policies regarding public access: Provide coastal resource access opportunities for the public where feasible and in accordance with the California Coastal Act requirements. Encourage the use of City and State beaches as a destination point for bicyclists, pedestrians, shuttle systems and other non-auto oriented transport. Encourage the utilization of easements and/or rights-of-way along flood control channels, public utilities, railroads and streets, wherever practical, for the use of bicycles and/or pedestrian (emphasis added). Maintain existing pedestrian facilities and require new development to provide pedestrian walkways and bicycle routes between developments. Link bicycle routes with pedestrian trails and bus routes to promote an interconnected system_ Develop a riding and hiking trail network and support facilities that provide linkages within the Coastal Zone where feasible and appropriate. Balance the supply of parking with the demand for parking. Maintain an adequate supply of parking that supports the present level of demand and allow for the expected increase in private transportation use. Maintain and enhance, where feasible, existing shoreline and coastal resource access sites. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 52 Promote and provide, where feasible, additional public access, including handicap access, to the shoreline and other coastal resources. Promote public access to coastal wetlands for limited nature study, passive recreation and other low intensity uses that are compatible with the sensitive nature of these areas. Maintain and enhance, where necessary, the coastal resource signing program that identifies public access points, bikeways, recreation areas and vista points throughout the Coastal Zone. Preserve,protect and enhance, where feasible, existing public recreation sites in the Coastal Zone. Ensure that new development and uses provide a variety of recreational facilities for a range of income groups, including low cost facilities and activities. Encourage, where feasible, facilities, programs and services that increase and enhance public recreational opportunities in the Coastal Zone. Promote and support the implementation of the proposed Wintersburg Channel Class l Bikeway. The provision of public access in new development proposals is one of the main tenets of the Coastal Act. This emphasis has been carried over into the City's certified LUP. In certifying the LUP, the Commission recognized, via the approved LUP policies, the importance of including measures such as providing and enhancing public access to the sea and other coastal resources, adequate parking and alternate means of transportation, low cost recreational uses, and public access signage, with new development. The 50-acre site is located in close proximity to the Bolsa Chica wetlands restoration area (see exhibit BBBB). The Bolsa Chica Wetlands, at approximately 1,000 acres,is the largest remaining wetland in Southern California. Because it is tidally influenced, the Bolsa Chica wetlands constitute "sea"according to the Coastal Act definition (Section 30115). Because there is no public road between the subject site and the Bolsa Chica wetlands, the site is between the sea and the first public road. As such, the area is given special significance with regard to the requirement for the provision of public access. Given the prominence of the adjacent Bolsa Chica wetlands, appropriate public access and passive recreational opportunities must be provided and conspicuously posted. Further, the Coastal Act gives priority to land uses that provide opportunities for enhanced public access, public recreation and lower cost visitor recreational uses. Beyond the Bolsa Chica wetlands restoration area is the Pacific Ocean and its sandy public beaches. Thus, public access across the subject site to the Bolsa Chica area Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 53 would, in turn, facilitate public access, via alternate means of transportation (bicycle and pedestrian), to the ocean beach beyond. It is also worth noting that the visitor serving uses available within the Bolsa Chica reserve (such as walking, nature study, or bird watching) are served by only two small parking areas. One located at the Interpretive Center at the corner of Warner Avenue and Pacific Coast Highway, and the second at about the midway point along the reserve's Pacific Coast Highway frontage. There is no public parking available along Pacific Coast Highway adjacent to the reserve. Thus, the benefits of providing alternate forms of transportation to access the area, such as biking or hiking from inland areas, are substantially increased. The lack of adequate parking to serve the reserve area is also a limiting factor in maximizing public use of the reserve's amenities. Assuring that any future streets within the subject site are public and provide public parking is critical to maximizing public access in the area. It is also important to note that the Brightwater residential development, approved by the Coastal Commission under Coastal Development Permit No. 5-05-020 (Brightwater), is located less than one half mile west of the subject site. That development was originally proposed as a private, guard gated community. However, as approved by the Commission the development will be open to general public vehicular and pedestrian access, also allowing public parking on all subdivision streets. Also, as approved by the Commission the development will include a public trail along the bluff edge of the development, with public paseos and pocket parks throughout (see exhibit BBBB). The Commission's approval also required public access signage. In approving the Brightwater development the Commission found: `The provision of public access in new development proposals is one of the main tenants[sic]of the Coastal Act, especially in conjunction with new development located between the sea and the first public road, such as the subject project. The 225-acre Bolsa Chica Mesa is located between the first public road and the mean high tide of the sea. At roughly 50 ft. above mean sea level, spectacular views of the wetlands and the associated wildlife and uninterrupted views of the Bolsa Chica State Beach and Pack Ocean are available from the upper bench of the Bolsa Chica Mesa. Santa Catalina Island is also often visible from the project site. The Bolsa Chica Wetlands at approximately 1,000 acres is the largest remaining wetland in Southern Califomia. Following the 1997 State acquisition of most of the remaining wetlands that were under private ownership, a,comprehensive Bolsa Chica wetlands restoration effort is now underway. Given the prominence of the adjacent Bolsa Chica wetlands, appropriate public access-and passive recreational opportunities must be provided and conspicuously posted. Further, the Coastal Act gives priority to land uses that provide opportunities for enhanced public access, public recreation and lower cost visitor recreational uses." 5 A trail connection between the Brightwater trail system.and the East Garden Grove Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 54 Wintersburg Flood Control Channel levee trail is also anticipated in the future and shown on the approved public access plan for the Brightwater development. The public access trails of the approved Brightwater project link to the trail system along the Bolsa Chica wetlands and beyond. These trails, in addition to providing recreational opportunities also provide significant opportunities for nature study and views of the wetlands and ocean beyond. The Bolsa Chica Ecological Reserve public trail system is a public access resource of regional significance. Members of the general public come from throughout the entire County of Orange and beyond to bird watch, hike, or bike the trail system. As the largest remaining wetland in Southern California, the public trail system leading to and within the Bolsa Chica area constitutes a resource of statewide significance. Further, Bolsa Chica State Beach, located across Pacific Coast Highway from the Bolsa Chica wetland area, can be accessed via this trail system. The proposed LUP amendment contains no language to assure public access will be provided throughout the site in conjunction with future site development. Although the certified LUP includes (as listed above)strong public access policies, the proposed LUP amendment does not include any public access language specifically addressing public access needs appropriate for the site, taking into consideration the recreational needs of both the new residents and other users of the adjacent public recreational resources. Specifically identifying the necessity of these provisions in the LUP is especially important at the subject site due to its unique position to link with and expand the very significant public trail systems within the Bolsa Chica Ecological Reserve, the Brightwater development, and the public beaches beyond. In order to assure that access is maximized at the time of future site development, specific language addressing access in the site specific section of the LUP is necessary. As proposed, no such language is included in the LUP amendment. Some specific methods for assuring the provision of public access at the subject site are described further below. a) Bicycle Path The subject site is immediately adjacent to the north levee of the East Garden Grove Wintersburg Flood Control Channel (EGGWFCC). The County's Commuter Bikeways s Strategic Plan (the regional bikeways plan for Orange County) identifies a Class 1 bikeway along the flood control channel. This is also reflected in the City's certified LUP. Figure C- 14, Trails and Bikeways Map in the certified LUP identifies a proposed bikeway along the EGGWFCC adjacent to the site. A letter from the County's Public Facilities & Resources f Department dated January 8, 1998 (exhibit J)states: "Regarding the City's proposal to continue the Class I bikeway northerly along the Wintersburg Channel to Graham Street: The County supports this. It would provide an excellent bikeway connection between the City's road system and the off-road wetlands perimeter route. (We suggest referring to this entire route—between Graham Street and PCH—as the Bolsa Chica Bikeway)." } In addition, a letter from the County's Public Facilities & Resources Department, dated Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 55 February 13, 1998 (exhibit J)commenting on a proposed tentative tract map for the subject site, states: "A.bicycle trail along the CO5 [East Garden Grove-Wintersburg Channel] north levee maintenance road will be required." A bike route in this area would provide substantial public access benefits. It is encouraged in existing LUP policies. It would provide a connection between existing inland routes and the Bolsa Chica area and is expected to be extended in the future along the remainder of the EGGWFCC levee adjacent to the Bolsa Chica Restoration area. When such an extension occurs (as is anticipated in the City's LUP and by the County Public Facilities & Resources Department), the bike route would eventually link to the coast. An off road bicycle path already exists along the entire length of the City's ocean fronting beach. A bike path at the subject site and along the remainder of the EGGWFCC would provide a new connection from inland bicycle paths to this coastal path. Not only would such a bicycle path provide substantial public recreational benefits, but it would also improve public access opportunities by providing alternate means of transportation to get to the coast and to the trails within the Bolsa Chica area. The City and the County have both indicated that a bicycle path in this location is desirable and appropriate. However, the proposed LUP amendment does not include any language speck to this site assuring that implementation of the bicycle trail will occur prior to or concurrent with site development. Current LUP policy merely states "promote"and "encourage"the bicycle path's implementation. Therefore there is no assurance that it will be built in a timely manner, or perhaps that it will be built at all. Thus, the amendment as proposed cannot be found to be consistent with Sections 30210, 30213 and 30252 of the Coastal Act regarding maximizing public access. b) Public Streets and Parking In addition, if the residential development that the proposed land use designation would allow were to be a private and/or gated development, public access would not be maximized or enhanced, inconsistent with Sections 30210, 30212.5, 30223 and 30252 of the Coastal Act. All public entry controls such as gates, gate/guard houses or other guarded entry, signage that discourages access and any other restrictions on the general public's entry by and use of any streets or parking areas (e.g. private streets, preferential parking districts, resident-only parking periods/permits, etc.)would constrain the public's ability to access the area proposed as public park as well as the public's ability to access. the public bike path along the EGGWFCC levee. In turn, public access to the Bolsa Chica area and ocean beyond would also not be provided. As stated previously, the site is between the first public road and the sea (in this case the Bolsa Chica wetlands). The provision of public parking within the area would allow visitors to begin a bike ride or walk along the levee, through the Bolsa Chica area, and on to the ocean front. Public streets and public parking within the residential area would not only support public recreational use in the vicinity of the subject site but also allow visitors from beyond the immediate vicinity to use the park area,and public recreational and open space resources in-the Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 56 Bolsa Chica area. In addition, ungated public streets would facilitate the use of interior public trails within the development. Interior trails would further maximize, support and enhance public access opportunities. Public trails could be established leading from Graham Street to the outer edge of the area recommended to be designated Open Space conservation, and from within the development back onto the bike way along the north levee of the EGGWFCC. Establishing such trails would provide an excellent public access experience consistent with the requirements of Sections 30210, 30212.5, 30213, 30223 and 30252 to maximize and enhance lower cost public recreational and public access opportunity with new development and assure adequate support facilities are provided.The provision of interior trails within a future development at the site would be especially consistent with Section 30252's requirement that non-automobile circulation be provided within the new development. In order to assure that this aspect of public access (the provision of public parking within an ungated residential area with public streets and interior trails) is provided at the time the site is developed, language reflecting this must be incorporated into the LUP. However, no such language is proposed as part of the LUP amendment. Thus the amendment cannot be found to be consistent with Sections 30210, 30212.5, 30213, 30223 and 30252 of the Coastal Act regarding maximizing and enhancing public access. c) Provision of Recreation and Public Access Benefits Residential development of the subject site that would occur pursuant to the proposed amendment would have adverse impacts on public access and recreation unless the above described measures are incorporated into the design of a future project. In order to assure maximum public benefit,the public recreation and access measures would need to be provided in a timely manner. However, nothing in the proposed amendment or in the City's LUP currently requires that lower priority developments (such as residential) be phased to assure the provision of those uses that are a higher priority under the Coastal Act(such as public trails, parks, and parking)occur prior to or concurrent with the lower priority development. Without such a phasing requirement, it is difficult to assure that necessary public benefits would occur in a timely manner, or possibly even at all. Thus, as proposed, the amendment is inconsistent with Sections 30210, 30212.5, 30213 and 30252 of the Coastal Act regarding maximizing and enhancing public recreation and access. Coastal Act Section 30210 requires that public coastal access be maximized. Coastal Act Section 30252 requires that public access be maintained and enhanced through the provision of nonautomobile circulation within the development, adequate parking, and adequate recreational opportunities. These requirements are carried over and re- emphasized in the City's Land Use Plan public access policies. As proposed the LUP amendment would allow significant residential development to occur with no corresponding requirement for public access specific to the site. The site is located between the sea and the first public road. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 57 Although a portion of the site is proposed to be designated park, nothing in the proposed amendment would assure that it would be available to the general public via public streets and trails. The certified LUP identifies a Class I bicycle path along the flood control channel levee at the subject site. However, the proposed amendment makes no reference to the suitability of a bicycle path at the subject site. If a future residential development at the site included gates or private streets, a significant public access opportunity would be lost. In addition, public parking in the area would increase public access opportunities to public resources including the park area, the bicycle path, the public trails of the Brightwater development and to the Bolsa Chica area beyond, as well as, ultimately, to the coast. However,there is nothing in the LUP amendment that would require the residential streets to be open and available to the public. Nor is there any requirement for interior trail connections between Graham Street, any future public park areas, and the bicycle path to areas within the development and beyond. In addition, nothing in the proposed amendment or in the City's LUP requires that lower priority developments (such as residential) be phased to assure provision of associated recreation and public access (such as public trails, parks, and parking)occur prior to or concurrent with the lower priority development. Without such a phasing requirement, it is difficult to assure that Coastal Act high priority uses would occur in a timely manner, or possibly even at all. However, the proposed amendment could be modified such that site specific language in the LUP include reference to the Class 1 bicycle path along the flood control channel levee, interior trail connections, public parking and access on residential streets. This would allow direct public access throughout the site, the public trails within the Brightwater development and the Bolsa Chica area and to the beach beyond. Furthermore, the proposed amendment could be modified to incorporate a policy requiring phasing of recreation and public access uses prior to or concurrent with lower priority uses. Modifications to accomplish these goals would bring the proposed amendment into conformity with Coastal Act Sections 30210, 30212.5, 30213, 30223 and 30252 which require that public access and recreation be maximized and enhanced. Therefore, the Commission finds that only if modified as suggested is the proposed amendment consistent with Sections 30210 and 30252 of the Coastal Act. 7. Visual Resources Section 30251 of the Coastal Act requires that the scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. The subject site offers the opportunity to provide public views from the site to the Bolsa Chica wetlands area and toward the ocean beyond. The VFPS would provide an excellent opportunity to provide public views to and along the coast and scenic areas, as required by Section 30251. However, the proposed LUP amendment does not include any discussion 1 regarding provision of public view points in association with development of the site. a Future residential development of the site is expected to include a wall separating residential development adjacent to.the flood control levee from the anticipated public Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 58 bicycle path along the top of the levee. If such a wall is proposed in the future, it could create adverse impacts to public views along the bicycle path. However, adverse impacts could be minimized by incorporating measures such as open fencing/wall, landscaped screening, use of an undulating or off-set wall footprint, or decorative wall features (such as artistic imprints, etc.), or a combination of these measures. In addition, any such wall should be located upon the private property for which it is intended to provide privacy. The proposed amendment does not provide language to address site specific visual impacts and does not assure that potential visual resources will be protected at the time the site is proposed for development. Therefore the proposed amendment is inconsistent with Section 30252 of the Coastal Act regarding protection of visual resources within the coastal zone and must be denied. However, if the amendment were modified to incorporate measures specific to the site that protect and enhance public views, the amendment would be consistent with Section 30252 of the Coastal Act regarding protection of public views. 8. Archaeological Resources Coastal Act Section 30244 requires that any impacts to significant archaeological resources be reasonably mitigated. The City's certified LUP includes policies which require, among other things, identification of resources and mitigation of any impacts. Significant archaeological resources are known to exist in the project vicinity, and may occur on the subject site. However, the proposed LUP amendment does not include a specific requirement to avoid and/or mitigate archaeological impacts, even though the site is known to be in a potentially significant archaeological area. Without a cross reference in the site specific area discussion of the proposed LUP amendment to the archaeological policies in the LUP, there is no assurance that the potential for archaeological resources to occur,on the site will be recognized in conjunction with future development proposals. if the-potential for archaeological resources at the site is not recognized in the proposed LUP amendment for the site, application of the policies cited above may be overlooked. The proposed LUP amendment, which specifically addresses the subject site, provides the appropriate . opportunity to make clear that archaeological resources may be present on this site, and therefore these specific policies must be applied. If the amendment were modified to include a cross reference to the archaeological policies of the LUP, adverse impacts may be avoided and reasonable mitigation for unavoidable impacts could be implemented in conjunction with future site development, consistent with Section 30244 of the Coastal Act. Therefore, the Commission finds that only if modified as suggested, is the proposed amendment consistent with Section 30244 of the Coastal Act which requires that reasonable mitigation be required for adverse impacts to archaeological resources. Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 9-06 (Parkside) Page 59 9. Hazards Coastal Act Section 30253 state, in pertinent part: New Development shall. (2) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. (3) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. The proposed LUP amendment would designate much of the subject site for residential development land use. The Commission's staff geologist has reviewed a great deal of technical information submitted in conjunction with the proposed LUP amendment and related coastal development permit application. Potential geotechnical and hydrological issues are identified in the staff geologist's memo. The staff geologist's memo is attached as exhibit 1, and is hereby incorporated by reference as if fully set forth herein. Residential development of the site carries with it certain risks. Although information submitted relative to the related coastal development permit application indicates there are feasible mitigation measures available to minimize the level of risk involved with site development, there is no specific requirement in the proposed amendment to assure that measures necessary for risk reduction would be incorporated into future site development. Without such requirements in the amendment, there is no assurance that risks will be minimized as required by.Section 30253 of the Coastal Act. However, if the amendment were modified to include such a requirement, it would be consistent with Section 30253 of the Coastal Act. The subject,site and much of the surrounding area are susceptible to tidal flooding. Tidal flooding could occur when extreme high tides occur concurrently with storm surge events. According to some studies;the existing tidal flooding risk was increased with the opening of the ocean inlet into the Bolsa Chica Restoration area. Regardless of the cause of the flooding, high tides and storm surge will create tidal flooding. The worst case scenario would occur when high tide and storm surge occurs during failure of the levees of the lower reaches of the East Garden Grove Wintersburg Flood Control Channel (EGGWFCC) (which is possible as the levees are not FEMA certified)_ Under any of these scenarios, up to 170 acres of inland developed area would be flooded. Consequently, contemplation of any development of the subject site must address this flooding issue. With or without development of the subject site, the inland 170 acres of existing development must be protected from flood hazard. The path the tidal flooding would follow unavoidably crosses the subject site. The only way to adequately insure protection of the i Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 60 inland 170.acres of existing development is to install a flood protection levee (a.k.a. VFPF) on the subject site or to the southwest of the subject site within the Bolsa Chica "Pocket Wetlands" between the EGGWFCC and the Bolsa Chica mesa. Protection of the inland 170 acres would also protect the 50 acre subject site from flooding. The property owner has indicated, in documents submitted with the related coastal development permit application, that a vegetated flood protection feature (VFPF) is proposed. The EGGWFCC is approximately 11 feet above sea level and the bluff at the western site boundary raises some 40 feet above sea level. A flood protection levee at this site could effectively capture tidal floods if it is constructed to an elevation above the expected flood flow. The existing EGGWFCC levee in the area adjacent to the subject site is expected to be reconstructed to meet FEMA certification standards and would have an elevation of 11 feet above sea level (the existing levee's elevation is also 11 feet above sea level). If a flood protection levee were constructed to the same elevation, flood waters would be prevented from flooding the subject site as well as the additional 170 inland acres. With or without development of the proposed site, some form of flood protection is necessary to minimize risks to life and property in areas of high flood hazard and to assure stability and structural integrity, and not contribute significantly to destruction of the surrounding area. As it.happens,the subject site provides the optimum location for the flood protection levee necessary to minimize risk to life and property in the 170 developed acres inland of the subject site. Construction of some type of flood protection levee would be necessary with development of the subject site. However, such a feature would be necessary even without site development. The flood protection levee, expected to be constructed as an earthen levee with an internal sheet pile wall, would serve an important function. Without construction of the flood protection levee, even with reconstruction of the north levee of the EGGWFCC along the subject site, flooding of 170 inland acres (including the subject site)would result, during either a tidal surge or a levee failure downstream of the subject site. The 170 acre inland area is developed with approximately 800 homes. Floodwater depth in some homes, it is estimated, would be at least two feet. However, construction of a flood protection levee on the site would be adequate to assure structural integrity, and neither create nor contribute significantly to erosion, geologic t instability, or destruction of the site or surrounding area. In addition, construction of the z flood protection levee would minimize risks to life and property from flood hazard. In order for the flood protection levee to function effectively, it would have to be placed within the site's necessary buffer areas. However, as described previously, a flood,protection levee in the ESHA or wetland buffer area may be an allowable use within a buffer provided it is the least environmentally damaging feasible alternative. Furthermore, the construction of the flood protection levee may eliminate the need for the flood control levee downstream-of the flood wall. If the flood control levee downstream of the flood wall is not reconstructed, potential impacts to wetlands in the CP wetland area can be avoided. The appropriateness of reconstructing the downstream levee area will be t i Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 61 considered when the related coastal development permit is processed. It should be noted that an emergency coastal development permit was issued to the County of Orange to install sheet pile within the north levee of the flood control channel adjacent to the subject e site. However, the County has indicated it is willing to consider alternatives that limit changes to the levee downstream if such an alternative is deemed feasible and environmentally desirable. Construction methods proposed by the County to install the sheetpiles will not involve any wetland fill. Impacts to coastal resources may occur which will be addressed in the follow-up permit. The question of whether the bluff along the western edge of the property should be considered a"coastal bluff" has been raised. The Commission's staff geologist has evaluated the bluffs status. The staff geologist's evaluation is contained in a memorandum attached as exhibit P. The subject bluff was carved by the ancestral Santa Ana river as it meandered across the Bolsa Chica lowlands. Assertions have been made that the bluff was subject to marine erosion within the past 200 years based on an 1873 T- sheet that shows tidal channels adjacent to the toe of the bluff. The staff geologist's response to these assertions is: 1 concur that there is strong evidence that there were tidal wetlands in the Bolsa Chica lowlands prior to dike construction in the early twentieth century, but tidal wetlands generally are not the site of extensive marine erosion. Indeed, they are commonly depositional, not erosional, and serve as an efficient buffer from marine erosion." The staff geologist concludes: "In summary, I believe that the bluff at the Shea Home property is best described as a river bluff and is not a coastal bluff in a genetic or geomorphic sense." Thus, the Commission finds that the bluff on the subject site is not a "coastal bluff." For the reasons described above,the Commission finds that only if modified can the proposed amendment be found to be consistent with Section 30253 of the Coastal Act which requires that risks to life and property be minimized and that development assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area. 10. Priority of Use Section 30222 of the Coastal Act states: The use of private lands suitable for visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, orgeneral commercial development, but not over agriculture or coastal-dependent industry. The LUP amendment does not propose to designate any portion of the site visitor serving commercial. Generally, in the City of Huntington Beach,the areas recognized as best for visitor serving commercial development are the areas along Pacific Coast Highway, and adjacent to and inland of the pier, and areas within and around Huntington Harbour. The subject site is surrounded on three sides by existing single family residences, and does not Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 62 lend itself to visitor serving commercial development. Moreover, the LUP amendment as proposed and as amended will provide a Class I bicycle path, a public view area, public park area, and interior trails as well as public parking along the residential streets. Such .uses constitute lower cost visitor serving recreational uses. As modified the recreational and public access provisions will be constructed prior to or concurrent with the residential uses. Therefore, the Commission finds that the proposed LUP amendment is consistent with Sections 30213 and 30222 of the Coastal Act which requires visitor serving commercial recreational facilities have priority over residential development and encourages provision of lower cost public recreational facilities. 11. Conclusion As proposed, the Land Use Plan amendment contains significant deficiencies with regard to consistency with the Coastal Act. As proposed,the amendment cannot be found consistent with Sections 30210 and 30252 regarding maximizing and enhancing public access, 30251 regarding protection of public views, 30233 and 30250 regarding wetlands, 30240 regarding ESHA, 30244 regarding archaeological resources, and 30230 and 30231 regarding water quality of the Coastal Act. However, if the proposed amendment were modified as suggested in Section 11 of this staff report, the amendment would be consistent with the Chapter 3 policies of the Coastal Act. Therefore, the Commission finds that only if modified is the proposed amendment consistent with the Chapter 3 policies of the Coastal Act. IV. CALIFORNIA ENVIRONMENTAL QUALITY ACT Section 21080.9 of the California Public Resources Code—within the California Environmental Quality Act(CEQA)- exempts local governments from the requirement of preparing an environmental impact report (EIR) in connection with its activities and approvals necessary for the preparation and adoption of a local coastal program (LCP). Instead,the CEQA responsibilities are assigned to the Coastal Commission. However, the Commission's LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. Thus, under Section 21080.5.of CEQA, the Commission is relieved of the responsibility to prepare an EIR for each LCP. Nevertheless, the Commission is required in approving an LCP submittal to find that the LCP does conform with the provisions of CEQA, including the requirement in CEQA . section 21080.5(d)(2)(A)that the amended_LUP will not be approved or adopted as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. 14 C.C.R. Sections 13542(a), 13540(f), and 13555(b). The City of Huntington Beach LCP amendment 1-06 consists of an amendment to boo the Land Use Plan (LUP)owr., - ,..�,,...4..�:,.�_oa...._�r®� As outlined in this staff report, the LUP amendment is not consistent with the Chapter 3 Adopted Findings: (Approval of LUP with Modifications) Huntington Beach LCP Amendment 1-06 (Parkside) Page 63 polices of the Coastal Act regarding public access and recreation, wetland, ESHA, marine resources, and land resources, as proposed. �hA r A/J OD .,N•AN/.IN+ANL:/. Nw:w6ANf.u:�h 4hA 14md--d wN/J MQUA A A4Aw4:A of tho ver f ad , and "..A D.wN as A„PiWad However, if modified as suggested, the amendment will be consistent with the public access and recreation, wetland, ESHA, marine resource, and land resource policies of the Coastal Act Thus, the Commission finds that the proposed LUP amendment, as modified, meets the requirements of and conforms with the Chapter 3 policies of the Coastal Act. In -addisiAN +h- G, N.N,:�.w.AN f:^^'C ffhw6 fhA rD 2MQFI N/1IA,ANs if ?sh gFid wdA A A//{shA IANwI Therefore, the Commission finds that approval of the LOR LUP amendment as modified--will not result in significant adverse environmental impacts under the meaning of CEQA. Therefore, the Commission certifies kQ@ LUP amendment request 1-06 if modified as suggested herein. HNB LCPA 1-06 Parkside AdptdF 5.08 my f t 2 I 1 APPENDIX B REVISED MITIGATION MONITORING PROGRAM - 2008 PARKSIDE ESTATES ADDEND UM EIR REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. LAND USE COMPATIBILITY 1. Prior to recordation of a final tract map, the applicant N/A N/A N/A N/A N/A The affordable units are currently off-site must satisfy the City's policy requiring 10 percent of within the City, therefore the Mitigation proposed units to be affordable.This requirement must be Measure has been satisfied. satisfied to the discretion of the City Department of Planning through one ofthe following methods. a. Pay a fee to the City,rfsuch a process is available; b. Participate with other developers or a non-profit organization to acquire and/or rehabilitate existing apartment units at any off-site location within a suitable area and provide for continued affordability,or C. Provide the required affordable units at one of Shea Homes'future mull family projects within the City of Huntington Beach. This mitigation measure has been satisfied. The proposed project, in conjunction with N/A N/A N/A N/A N/A other past,present,and reasonably foreseeable future projects, may result in inconsistencies Mitigation Measure 1 above has been implemented. with the City's Affordable Housing Policy. AESTHETICS/LIGHT AND GLARE 1. Prior to approval of building permits,the applicant shall Prior to approval Applicant Plan Check City option Planning The City-approved/CCC-revi sed may be provide proof of incorporation of City comments / ofbuilding to Department perceived as having a substantial, conditions related to the overall proposed design and permit implement demonstrable,negative aesthetic effect due to layout of buildings, and landscaping. This design and as needed the reduction of viewable open space areas. layout of buildings shall be approved by the City Department of Planning. 2. Prior to issuance of building permits,the applicant shall Prior to issuance Applicant Plan Check Once upon Planning submit a landscaping plan for the area outside the ofbuilding completion Department perimeter wall along Graham Street to be reviewed and permits approved by the City Department of Planning. 1 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. The City-approved/CCC-revised project would 3. Prior to approval of building permits,the applicant shall N/A N/A N/A N/A N/A not result in the removal of eucalyptus trees provide a Landscape Plan to he approved by the and therefore mitigation measure 3 would not Department of Public Works and the Department of be required. Planning, which includes the replacement of all mature trees on the site at a 2:1 ratio with 36-inch box trees. This measure was not applicable to 2002 approved or revised project. No eucalyptus trees will be removed. The proposed project may result in impacts to 4. Prior to approval of building permits,the applicant shall Prior to approval Applicant Plan Check Once upon Planning County-proposed trails, submit a bikeways plan to the City of Huntington Beach of building completion Department Planning Department,in consultation with the Manager permit of the County PFRD/HBP Program Management and Coordination, for approval of consistency with the Orange County Bikeway Plan. LIGHT AND GLARE 1 Prior to the approval of building permits,the applicant Prior to approval Applicant Plan Check Once upon Planning and On-Site shall prepare a plan,which shows the proposed height, ofbuilding completion Public Works location,and intensity of street lights on-site The plan permits Department The project's development will increase the shall comply with minimum standards for roadway generation of light and glare on-site with on- lighting,and shall be reviewed and approved by the City site vehicle-related increases. In addition,the Planning and Public Works Departments. proposed project may result in an impact on the surrounding residential developments 2. Prior to the approval of building permits, if outdoor Prior to approval Applicant Plan Check City option primarily to the north,and to some extent,to lighting is to be included,energy saving lamps shall be ofbuilding to the east. used. All outside lighting shall be directed to prevent permits implement "spillage"onto adjacent properties and shall be shown on as needed the site plan and elevations. 3. Non-reflective materials shall be utilized to the extent Prior to approval Applicant Plan Check City option feasible. Individual building site plans shall be reviewed of building to and approved by the City Planning and Public Works permits implement Department, as needed Off-Site Lighting from the proposed development may Mitigation Measures I through 3 above shall be implemented. result in light and glare impacts to adjacent off-site uses. 2 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. TRANSPORTATION/CIRCULATION 1 Prior to the issuance of grading permits,the applicant shall Prior to issuance Applicant Grading Permit City option City Engineer The proposed project will result in short-tern coordinate with the City of Huntington Beach in developing of grading Review to implement construction related impacts due to the addition a truck and construction vehicle routing plan(including dirt permits as needed of truck and construction vehicle traffic. import haul route). This plan shall specify the hours in Depending on the location of the haul route, which transport activities can occur and methods to traffic impacts along the selected route may minimize construction related impacts to adjacent occur. residences The final plan shall be approved by the City Engineer. The proposed project may result in impacts to 2. Prior to the final inspection,the applicant shall construct a During Applicant Final inspection Once upon City Engineer pedestrian,bicycle,and vehicular safety related traffic signal and improve the intersection at the proposed construction completion to the establishment of access and an on-site "A"Street and Graham Street. circulation system. 3. Prior to the issuance of building pemuts,the applicant shall Prior to issuance Applicant Construction Once upon City Engineer demonstrate to the satisfaction of the City Traffic Engineer of building Review completion that standards(including ADA)regarding pedestrianibicycle permits safety along the perimeter sidewalks will be met. 4. Prior to the final inspection, the applicant shall be During Applicant Final inspection Once upon City Engineer responsible for restriping Graham Street from Glenstone to Construction completion the project access("A"Street)as follows. • Two 7 foot bikelanes;one 12'through lane in each direction,and a 14'two-way left turning median. Additionally,the applicant shall be responsible for restriping Graham Street from "A" street to Warner Avenue, as follows: • Two 7 foot bikelanes,one 18'through lane in each direction,and a 14'two-way left turning median. The improvements shall be approved by the City Engineer. 3 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. The proposed project in conjunction with other 5. Prior to final inspection, the applicant shall pay the Prior to issuance Applicant Building permit City option City Engineer past,present,and reasonably foreseeable future applicable Traffic Impact Fee (TIF) for the City of of building issuance to implement projects will result in level of service Huntington Beach The actual allocation shall be permits as needed deficiencies at the intersections Bolsa Chica approved by the City.Appropriate credits shall be granted Street and Wainer Avenue and Graham Street toward the TIF. The TIE shall cover the project's fair and Warner Avenue under the year 2020 share of year 2020 improvements to the arterial street condition. system such as: Bolsa Chica Street/Wanner Avenue — reconfigure intersection for east/west traffic to provide dual left turns and either three throughs or two throughs and an exclusive right turn lane. This deficiency is a product of cumulative growth and not a direct result of the proposed project. Graham Street/Wamer Avenue — reconfigure intersection to provide an exclusive southbound right turn lane from Graham Street to Warner Avenue.This deficiency is a product of cumulative growth and not a direct result of the proposed project. AIR QUALITY 1. During grading and construction, the applicant shall be During grading Applicant Grading/ City option Planning and The proposed project is anticipated to exceed responsible for compliance with the following: and construction Inspection to implement Public Works SCAQMD's daily threshold emission levels for as needed Departments NO,during construction activities.Further,the A. During clearing, grading, earth moving, or addition of emissions to an air basin designated excavation, maintain equipment engines in proper as non-attainment is considered under CEQA to tune. be a significant impact B. After clearing,grading,earth moving,or excavation. 1) Wet the area down, sufficient enough to form a crust on the surface with repeated soakings, as necessary,to maintain the crust and prevent dust pick up by the wind. 2) Spread soil binders;and 3) Implement street sweeping as necessary. 4 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. C. During construction: 1) Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site; 2) Wet down areas in the late morning and after work is completed for the day; 3) Use low sulfttr fuel (05% by weight) for construction equipment D. Phase and schedule construction activities to avoid high ozone days. E. Discontinue construction during second stage smog alerts. 2. During grading and construction, the applicant shall be During grading Applicant Grading/ City option Planning and responsible for compliance with the following (or other and construction Inspection to Public Works reasonably equivalent measures as required by the City implement Departments Engineer): as needed A. Require a phased schedule for construction activities to minimize daily emissions. B. Schedule activities to minimize the amount of exposed excavated soil during and after the end of work periods. C Treat unattended construction areas with water (disturbed lands which have been,or are expected to be unused for four or more consecutive days) D. Require the planting of vegetative ground cover as soon as possible on construction sites. E Install vehicle wheel-washers before the roadway entrance at construction sites. F. Wash offtrucks leaving site. G Require all trucks hauling dirt, sand, soil, or other loose substances and building materials to be covered, or to maintain a minimum freeboard of two feet between the top of the load and the top of the truck bed sides. H. Use vegetative stabilization, whenever possible, to control soil erosion from storm water especially on super pads. I. Require enclosures or chemical stabilization of open storage piles of sand,dirt,or other aggregate materials. 5 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. J. Control off-road vehicle travel by posting driving speed limits on these roads, consistent with City standards. K. Use electricity from power poles rather than temporary diesel or gasoline power generators when practical. 3. During grading and construction,the applicant shall be During grading Applicant Grading/ City option Planning/ responsible for assuring that vehicle movement on any and construction Construction to Public Works unpaved surface other than water trucks shall be Review implement Departments terminated if wind speeds exceed 15 mph. as needed 4. During grading and construction,the applicant shall be During grading Applicant Grading/ City option Planning/ responsible for the paving of all access aprons to the and construction Inspection to Public Works project site and the maintenance of the paving. implement Departments as needed 5. Prior to issuance of grading permits,the applicant shall be Prior to issuance Applicant Grading/ City option Planning/ responsible for assuring that construction vehicles be of grading Inspection to Public Works equipped with proper emission control equipment to permits implement Departments substantially reduce emissions. as needed 6. Prior to issuance of grading permits,the applicant shall be Prior to issuance Applicant Grading/ City option Planning/ responsible for the incorporation of measures to reduce of grading Inspection to Public Works construction related traffic congestion into the project permits implement Departments grading permit. Measures, subject to the approval and as needed verification by the Public Works Department,shall include, as appropriate: • Provision of rideshare incentives • Provision of transit incentives for construction personnel. • Configuration of construction parking to minimize traffic interference. • Measures to minimize obstruction of through traffic lanes. Use of a flagman to guide traffic when deemed necessary. 6 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. The City-approved/CCC-revised project would 7. Prior to the final inspection,the applicant shall provide Prior to issuance Applicant Building permit City option Planning and not exceed SCAQMD's daily threshold emission proof to the City's Traffic Engineer that the project has of building issuance to Public Works levels for CO and ROC, however mitigation contributed its `fair-share' towards regional traffic permits implement Departments measures 7&8 would still apply to reduce the improvement systems (i.e., traffic impact fees) for the as needed alternative project's long-term incremental area This shall include efforts to synchronize traffic contribution to the air quality impact lights on streets impacted by project development. 8. Prior to the final inspection,the applicant shall provide Prior to plan Applicant Final inspection City option Planning and proof that energy saving features have been installed in check to Public Works project homes as required by the Uniform Building Code. implement Departments Features may include: solar or low-emission water as needed heaters, energy efficient appliances, double-glass paned windows,low-sodium parking lights,etc. The proposed project,in conjunction with other past,present,and reasonably foreseeable future projects,will result in a short-term air quality impact due to construction activities. The Mitigation Measures 1 through 6 above shall be implemented. addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. The proposed project,in conjunction with other past,present,and reasonably foreseeable future projects, will result in significant cumulative Mitigation Measures 7 and 8 above shall be implemented. long-term impacts to air quality. NOISE 1. Prior to issuance of grading permits,the applicant shall Prior to issuance Applicant Grading Permit City option Planning The proposed project has the potential to result submit and have approved a noise mitigation plan to the of grading Review to Department in significant short-term noise impacts during Department of Planning that will reduce or mitigate short- permits implement exterior and interior construction activities, term noise impacts to nearby noise sensitive. The plan as needed shall comply with the City of Huntington Beach Noise Ordinance and shall include,but not be limited to: A. A criteria of acceptable noise levels based on type and length of exposure to construction noise levels; B. Physical reduction measures such as temporary noise barriers that provide separation between the source and the receptor; temporary soundproof structures to house portable generators,and C. Temporary enerators if utilized shall be located as 7 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. far as practical from sensitive noise receptors. D. Mitigation measures such as restrictions on the time of construction for activities resulting in high noise levels. 2 Prior to issuance of grading permits,the applicant shall Prior to issuance Applicant Grading Permit City option City Engineer produce evidence acceptable to the City Engineer that: ofgrading Review/ to permits Construction implement A. All grading and construction vehicles and Review as needed equipment,fixed or mobile,shall be equipped and maintained with effective muffler systems that use state of the art noise attenuation. B. Stockpiling and/or vehicle staging areas shall be located as far as practicable from sensitive noise receptors. C. All operations shall comply with the City of Huntington Beach Norse Ordinance. Based on the distance of on-site and off-site 3a Prior to issuance of grading permits, the applicant shall N/A N/A N/A N/A N/A homes to the park and the barriers included as produce evidence(specifications)acceptable to the City part of the recommended project(i.e.,passive that the new walls, rf constructed, along the prolect's paseo park and slope), the proposed northern property (along the rear property line of lot recommended project is not anticipated to 8103 to lot #123 on Kenilworth Drive and the side result in significant noise impacts from property lines oflots#125 and#126 on Greenleaf Lane of recreational activities at the proposed park site. Tract 5792) will be constructed to achieve maximum sound attenuation. This mitigation measure is no longer applicable to the revised project due to CCC suggested modifications that reduced active park from 8.4 acres to 1.6 acres. 3b. Prior to issuance of grading permits,the applicant shall Prior to issuance Applicant Grading Permit City option Planning produce evidence(specifications)acceptable to the City ofgrading Review/ to Department that the new walls, if constructed,along Graham Street permits Construction implement (along the project's boundary adjacent to the proposed Review as needed homes)will be construction to achieve maximum sound attenuation The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will not result in a significant Mitigation Measure 3 above is no longer applicable to revised incremental increase(0.8 dBA)in traffic noise project. 8 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. levels in the year 2020.Noise levels in excess of 65 CNEL are not anticipated considering the sound reduction effects of the proposed wall along the northern property line and along Graham Street. EARTH RESOURCES 1 Prior to the issuance of a grading permit, the Prior to issuance Applicant Grading Permit City option City Engineer Significant settlements of peat deposits within recommendations contained in Section 7.0 of the of a grading Review to the upper 5 feet could continue over the design geotechnical study, located in Appendix E of the EIR permit implement life of the structures without mitigation in the shall be incorporated into the earthwork activities of the as needed form of removal and/or surcharge, proposed project to the satisfaction of the City Engineer. Earthwork activities include grading, clearing and demolition, site preparation, unsuitable soil removals, backcuts,excavation processing,compaction of all fills, mixing, benching, inspection, survey control, subgrade preparation, cut and fill slope construction, haul roads, import soils, structural load and settlement/subsidence measures,and storm dram relocation. 2 Prior to the issuance of a building permit, the Prior to issuance Applicant Plan Check City option City Engineer recommendations contained in Section 8.0 of the ofbuilding to geotechnical study,located in Appendix E of the EIR,shall permit implement be incorporated into the structural design of the proposed as needed project to the satisfaction of the City Engineer. Structural design activities include Foundation Design; Settlements including Foundation Loads and Seismically Induced Settlements; Post-Tensioned Slab/ Foundations; Mat Foundations;Other Foundation Recommendations such as Footing Embedment, Underslab Treatment,and Subgrade Moisture Content; Concrete Driveways, Sidewalks, and Flatwork, Structural Setbacks, Retaining Walls, Other Design and Construction Recommendations such as Lot Drainage, Utility Excavations, Utility Trench Backfill, Corrosion,Metallic Structures,and Concrete Structures. The potential exists for significant impacts from the on-site mildly to severely corrosive Mitigation Measures 1 and 2 above shall be implemented. soils, soils with poor pavement support characteristics, low shear strength, and shrinkage. 9 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. Potential impacts may result from ground Mitigation Measures 1 and 2 above,and Prior to issuance Applicant Plan Check City option Building and shaking. ofbuilding to Safety 1 Prior to issuance of a building permit,it shall be proven permit implement Department to the Department of Building and Safety that all as needed structures are designed in accordance with the seismic design provisions of the Uniform Building Codes or Structural Engineers Association of California to promote safety in the event of an earthquake. Potential impacts may result associated with Mitigation Measure 1 above shall be implemented. Liquefaction and Seismic Settlement. The proposed local dewatering may result in 4 Prior to the issuance of grading permits,the applicant shall Prior to issuance Applicant Grading Penmt City option Public Works subsidence of adjacent properties along the contract with a dewatering expert to prepare a detailed of grading Review to Department project's northern property boundary. Dewatering Plan This plan shall include the placement of permits implement monitoring wells near the northern property line to evaluate as needed }round water levels during the proposed project dewatering activities. The dewatering activities shall be adjusted immediately if the monitoring wells show ground water level changes which may effect subsidence of adjacent properties. The Dewatering Plan shall be reviewed and approved by the Department of Public Works. Groundwater impacts may occur. Mitigation Measure 4 above shall be implemented. The potential exists for impacts from 5. Prior to the issuance of a grading pennrt, Phase 11 Prior to issuance Applicant Grading Permit City option Public Works hazardous materials to occur environmental soil sampling shall be conducted to of grading Review to Department determine the residual levels of pesticides in the soil. If permit implement inappropriate/unsafe levels are identified by this analysis, as needed "clean up" measures shall be recommended and implemented. The Phase II sampling and any necessary measures shall be approved by the Department of Public Works. 6. Prior to the final inspection, testing to verify the During Applicant Final inspection City option Planning estimated radon gas levels shall be implemented as construction to Department deemed necessary by the Department of Planning. implement as needed DRAINAGE/HYDROLOGY The proposed project may result in potential 1 Prior to the issuance of building permits, the project Prior to issuance Applicant Building Permit City option Public Works impacts to drainage. applicant shall implement conditions of the Public Works of building Review to Department Department regarding storm drainage improvements permits implement 10 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. which shall include,but not be limited to: as needed • Construct the necessary storm drainage improvements(identified on Exhibit 42 within the EIR)to handle increased flows and intercept off-site flows. • Ensure that future building pads are placed at elevations suitable to withstand 100-year flood • Construct the necessary improvements to the East Garden Grove—Wintersburg Channel(C05)along the site's developed edge. The proposed project may result in potential Mitigation Measure 1 above shall be implemented, impacts associated with flooding. The proposed project may result in potential 2. Prior to issuance of any grading permits, the applicant Prior to issuance Applicant Grading Permit City option City Engineer impacts to water quality. shall submit a"Notice of Intent"(NOI),along with the of grading Review to required fee to the State Water Resources Control Board permits implement to be covered under the State NPDES General as needed Construction permit and provide the City with a copy of the written reply containing the discharger's identification number. 3 Prior to the issuance of the grading permits,the applicant Prior to Issuance Applicant Grading Permit City option City Engineer shall provide a Water Quality Management Plan showing of grading Review to conformance to the Orange County Drainage Area permits Implement Management Plan and all NPDES requirements(enacted as needed by the EPA) for review and approval by the City Engineer. The plan shall reduce the discharge of pollutants to the maximum extent practical using management practices, control techniques and systems, design and engineering methods, and such other provisions which are appropriate The proposed project would contribute to potential cumulative drainage, flooding, and Mitigation Measures 1 through 3 above shall be implemented. water quality impacts. BIOLOGICAL RESOURCES 1 If project grading construction is scheduled during the Prior to Applicant Grading Permit City option Planning The proposed project may result in impacts to normal breeding season for red-tailed hawk and other issuance of Review to Department affected species locally and regionally. raptors locally (February to July), a survey shall be grading permits implement conducted for active nests. Prior to the issuance of as needed 11 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. grading permits, should any active nests be located within the zone of potential disturbance, construction activities shall be limited to areas 500 feet away from the nest until the young have fledged and have begun foraging away from the nest site The 500 foot protection zone shall be fenced with visible warmng-color materials. Nest trees shall be removed during the non- breeding season only 2 Wetland impacts to the isolated pocket wetlands shall be N/A N/A N/A N/A N/A The"originally"proposed project may result mitigated at a ratio of d:I(square.footage of wetlands to in potential impacts to pocket wetland habitats square footage of fill). The Coastal Development Permit on the County parcel. shall require that mitigation.for the fill of the pocket wetlands he implemented prior to the issuance of a The City-approved/CCC-revised would not grading permit for the Counhl Parcel The mitigation result in removal impacts to the County parcel site shall be on-site or within the Bolsa Chica Lowlands wetland habitats and therefore mitigation unless the Lowlands are sold to a new landowner and measure2 would not be required. the new landowner is unwilling to allow the proposed mitigation to proceed In such a case, the developer of the site shall find an alternative mitigation site.The total mitigation for the loss of two small patches of degraded piekleweed habitat shall include the preservation and enhancement of 2 acres of appropriate wildlife habitat per the Department offish and Game. This mitigation measure was not applicable to 2002 approved or revised project. There will be no development within the County parcel. The project, in conjunction with other past, present, and reasonably foreseeable future Mitigation Measure 2 above is no longer applicable. projects, will incrementally contribute to the cumulative loss of biological resources. 12 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. CULTURAL RESOURCES 1. Prior to issuance of a grading permit,the applicant shall Prior to issuance Applicant Grading Permit City option Planning The proposed project may result in a significant conduct a subsurface test investigation for CA-ORA-1308 of grading Review to implement Director impact on archaeological sites CA-ORA-1308 and 1309 to determine the horizontal boundaries of the sites permit as needed and 1309. as well as to confirm the surface conclusions of non- significance as indicated in the March,1997 Archeological Assessment This may be accomplished through the mechanical excavation of a number of auger holes as well as two Ixl-meter hand excavated units for stratigraphrc control.The subsurface test investigation,which includes discussion of significance (depth, nature, condition, and extent of resources),final mitigation recommendations,and const estimate,shall be submitted to the Planning Director for review and approval. 2. Prior to issuance of a grading permit,the applicant shall Pnor to issuance Applicant Grading Permit City option Planning create(if deemed necessary through Measure 1 above)a of grading Review to Director cultural resource management plan based on test results.A Permit implement full data recovery program shall be designed if site as needed avoidance Is not feasible through design.Possible recovery plans include,but are not limited to,preservation,salvage, partial salvage,or no mitigation necessary. The plan shall include consultation with the appropriate Native American Organization and be reviewed and approved by the Planning Director.Additionally,the plan shall require peer review in conformance with the Coastal Commission's Archeological Guidelines. 3. Prior to issuance of a grading permit,the applicant shall Prior to issuance Applicant Grading Permit City option Planning provide written evidence that a certified archaeologist has of grading Review to Director been retained,shall be present at the pre-grading meeting/ permit implement conference, shall establish procedures for archaeological as needed resource surveillance, and shall establish, in cooperation with the project proponent, procedures for temporarily halting or redirecting work to permit the sampling, Identification,and evaluation of the artifacts as appropriate The archeological resource surveillance procedures shall include a provision for Native American review of grading operations If additional or unexpected archaeological features are discovered,the archeologist shall report such findings to the applicant and to the Department of Planning and the appropriate Native American Organization. If the 13 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources,shall be subject to the approval of the Planning Director. The proposed project in conjunction with other past,present,and reasonably foreseeable future projects will incrementally contribute to the Mitigation Measures I through 3 above shall be implemented cumulative loss of potentially significant cultural resources. PUBLIC SERVICES AND UTILITIES Fire Implementation of the above measures will 1. Prior to approval of building permits,building plans shall Prior to approval Applicant Plan Check City option Fire mitigate all project-specific impacts to public be submitted to and approved by the Fire Department.If ofbuilding to Department services and utilities to a level less than during the Fire Department's plan check it becomes permits implement significant. evident that fireground operations will become impeded, as needed the department will impose additional fire code requirements in addition to the automatic sprinkler systems,alarm systems,access roads,etc. Police 2 Prior to issuance of building permits, the Police Prior to issuance Applicant Plan Check City option Police Department shall be consulted during preliminary stages of building to Department of the project design to review the safety features, permits implement determine their adequacy,and suggest improvements. as needed 3. During construction and at complete buildout,the project During Applicant Construction Once upon Police shall provide easy access into and within the project site construction and completion Department for emergency vehicles and addresses shall be well at complete marked to facilitate response by officers.Prior to the first buildout and final inspection, project site plans depicting these during plan requirements shall be reviewed and approved by the check Police Department. Schools 4. Prior to issuance of building permits,the applicant shall Prior to issuance Applicant Plan Check Once upon Planning provide school fees to mitigate conditions of of building completion Department overcrowding as part of building permit application. permits These fees shall be based on the State fee schedule in effect at the time of building permit applications. 14 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. 5 Prior to issuance of building permits,the applicant shall Prior to issuance Applicant Plan Check Once upon Planning show proof of compliance with the Mitigation Agreement of building completion Department established between the Huntington Beach Union High permits School District, subject to the approval of the City of Huntington Beach. Water 6 Prior to issuance of grading permits,the developer shall Prior to issuance Applicant Grading Permit City option Public Works submit a hydraulic computer water model analysis for the of grading Review to Department development proposed on the City parcel, which permits implement addresses the following: as needed a. Water demand required by project (fire flow demand as determined by the Fire Department) b. Master Plan/General Plan Amendment(GPA)review The City of Huntington Beach Water(Master Plan) System Computer Model(i.e.H2ONET)must be inn with Ore proposed land use demands(i.e. GPA),and contrasted with the model run using the existing land use demands,(i.e the General Plan,in effect at the time the Water Master Plan was adopted). The City of Huntington Beach Water Division must be contracted to perform this analysis on the existing City of Huntington Beach Water System Model (H2ONET),for a fee to be paid by the developer a minimum of 30 days in advance. If the analysis shows that project demands cannot be met with the City's current water system,the developer shall be required to upgrade the City's system to meet the demands and/or otherwise mitigate the impacts of the project at no cost to the City. T Prior to final inspection,the following water conservation Plan Check Applicant Final inspection Once upon Public Works measures shall be implemented as required by state law: completion Department a. Ultra-low-flush toilets b. Ultra-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 15 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. 8. Prior to final inspection issuance, water pressure Plan Check Applicant Final inspection Once upon Public Works regulators to limit downstream pressure to a maximum of completion Department 60 psi shall be installed. 9. Prior to issuance of building permits, pervious paving Prior to issuance Applicant Plan Check Once upon Public Works material shall be used whenever feasible to reduce surface of building completion Department water runoff and aid in groundwater recharge and slopes permit and grades shall be controlled to discourage water waste through runoff. 10. Prior to final inspection, the applicant shall provide CC&R review Applicant Prior to final Once upon Public Works information to prospective residents regarding benefits of map recordation completion Department low water use landscaping and sources of additional assistance in selecting irrigation and landscaping. 11. The Water Division and Park, Tree, and Landscape During design Applicant Plan Check/ City option Public Works Division of the City's Public Works Department shall be and construction Construction to Department consulted during design and construction of the Park for implement further water conservation measures to review irrigation as needed designs and drought tolerant plant use, as well as measures that may be incorporated into the project to reduce peak hour water demand. 12. Prior to issuance of grading permits,the developer shall Prior to issuance Applicant Grading Permit City option Public Works submit a hydraulic computer water model analysis for the of grading Review to Department portion of the project to be developed on the County permit implement parcel,which addresses the following: as needed a. Water demand required by project (fire flow demand as determined by the Fire Department) b. Master Plan/General Plan Amendment(GPA)review The City of Huntington Beach Water(Master Plan) System Computer Model(i.e.H2ONET)must be run with the proposed land use demands(i.e.GPA),and contrasted with the model run using the existing land use demands,(i.e.the General Plan,in effect at the time the current Water Master Plan was adopted). The City of Huntington Beach Water Division must be contracted to perform this analysis on the existing City of Huntington Beach Water System Model H2ONET),for a fee to be paid by the developer a 16 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. minimum of 30 days in advance. The developer shall be required to upgrade the City's system to meet the demands and/or otherwise mitigate the impacts of the project proposed development on the County parcel, at no cost to the City. Any incremental impacts to the City's water system would need to be mitigated to the satisfaction of the Department of Public Works-Water Division. The annexation of the County parcel into the 13. Prior to the issuance of building permits,for anv lot N/A N/A N/A N/A N/A City of Huntington Beach and to the OCSD within the parcel within the County of Orange, the occurred subsequent to certification of the applicant.shall show proof from LAFCO of approval of Final EIR. Thus, the requirements of annexation of the County parcel into the City of Mitigation Measure 13 have been satisfied, Huntington Beach and the Orange Countv Sanitation and there is no change in the conclusion of the District,subject to the approval of the City Planning and Final EIR that this impact is reduced to below Public Works Departments. a level of significance with implementation of mitigation. This Mitigation Measure has been satisfied 14. Irrigation systems within the Park,which minimize water Prior to issuance Applicant Plan Check City option Planning& waste,shall be used to the greatest extent possible.Such ofbuilding to Public Works measures should involve, where appropriate, the permits implement Departments following features: as needed a Raised planters and berming in conjunction with closely spaced low volume, low angle (22 degree)sprinkler heads. b. Drip irrigation c Irrigation systems controlled automatically to ensure watering during early morning or evening hours to reduce evaporation losses. d. The use of reclaimed water for irrigated areas and grass lands.The project applicants shall connect to the Orange County Water District's"Green Acres" system of reclaimed water should this supply of water be available. Separate irrigation services shall be installed to ease this transition. 15. Landscape and irrigation plans for the Park which Prior to issuance Applicant Plan Check Once upon Public Works encourage minimized use of lawns and utilize warn ofbuilding completion Department season,drought tolerant species shall be submitted to and permits approved by the Water Division and Park, Tree, and Landscape Division. 17 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. Sewer 16. Pnor to the issuance of building permits, the property Prior to issuance Applicant Plan Check Once upon Public Works owner(Shea Homes) shall construct the new sewer lift ofbuilding completion Department station and force main in accordance with the City- permits approved Sewer Plan for the proposed project, and implement conditions of the Public Works Department regarding sewer infrastructure improvements to handle increased sewer flow demands. Natural Gas 17. Prior to issuance of building permits, the Southern Prior to issuance Applicant Plan Check Once upon Public Works California Gas Company or designated natural gas ofbuilding completion Department provider shall be consulted with during the building permits design phase for further energy conservation measures Electricity 18 Prior to issuance of building permits, SCE shall be Prior to issuance Applicant Plan Check Once upon Public Works consulted with during the building design phase for ofbuilding completion Department further energy conservation measures. permits The proposed project will create increased Mitigation Measures 1 through 18 above shall be demand for public services and utilities on a implemented. local and regional basis Additionally, the project,in conjunction with other past,present and reasonably foreseeable future projects, will create an increased demand on fire, police, schools, community services, water, sewer,natural gas,and electrical services and facilities 18 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. FROM INITIAL STUDY/NOP NATURAL RESOURCES/ENERGY 1. Building design and construction shall comply with the Prior to approval Applicant Plan Check Once upon Director of The proposed project may result in impacts to Energy Conservation Standards set forth in Title 24 of the of building completion Building and natural resources and energy. California Administrative Code. Prior to approval of permits Safety building permits for the Specific Plan,architectural and engineering plans shall be subject to the review and approval of the Director of Building and Safety to ensure conformance with these standards. Energy conservation features should include. • Installation of thernmal 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 heating and cooking.Installation of 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. Public Services and Utilities Telephone Prior to issuance Applicant Plan Check Once upon Public Works The proposed project may result in impacts ofbuilding completion Department regarding the need for new telephone service I. Prior to issuance of building permits,building plans shall permits to the site. be submitted to GTE enabling GTE to assess the improvements necessary to provide adequate service to the project site The proposed project may result in impacts to Lrbrary Prior to issuance Applicant Building Permit Once upon Planning library facilities and services. of building Issuance completion Department 1. The applicant shall provide development fees to mitigate permits conditions of increased demand as part of building permit application. These fees shall be based on the City fee schedule in effect at the time of future building permit applications. 19 REVISED MITIGATION MONITORING PROGRAM-2008 IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. FROM INITIAL STUDY/NOP Solid Waste Disposal Prior to issuance Applicant Plan Check Once upon Planning The proposed project may result in impacts to of budding completion Director solid waste disposal services and facilities. I. To reduce the proposed project's impacts on waste permits disposal facilities,project designs shall develop a means of reducing the amount of waste generated both during construction and when the project is in use. The waste reduction program shall be approved by the Planning Director prior to issuance of building permits. Potential ways of reducing project waste loads include implementation of recycling programs, and use of low maintenance landscaping when possible (i.e., native vegetation instead of turf). 2. Rainbow Disposal shall be contacted during the design Prior to issuance Applicant Plan Check Once upon Planning stage of project components to ensure the most efficient of building completion Department and economical means for rubbish removal.The designs permits shall include rubbish enclosures, projected travel areas, and turnabouts where necessary. 20 APPENDIX C PARKSIDE ESTATES SUSTAINABILITY PROGRAM PARKSIDE ESTATES ADDEND UM EIR Parkside Estates Sustainability Program Item Provided Per Plan Buyer's Comment by Shea Type Option Site Install "first flush" sediment control Protects storm drainage system (CDS and NTS) to clean channels and streambeds site and adjoining condos Use native/drought-tolerant plant Reduces water consumption species in common-area landscaping Install "smart" advanced capability Reduces water consumption irrigation controllers (Weather- Trac) in common areas Construction Recycle job site construction and Reduces material sent to demolition waste landfill Implement construction site Protects storm drainage stormwater practices channels and streambeds Reduce vehicle track-out of soil Protects against run-off and from site provides dust control Rinse basins for cleaning of Protects against concrete concrete trucks discharge Incorporate fly ash or slag cement By-product from coal- burning in concrete foundations power plants reduces Portland Cement content and material goin to landfill Slab designed to minimize offsite Reduces trucking from site trucking of excess soil Framing Use engineered lumber for beams Renewable resource Use engineered floor joist Renewable resource Use engineered roof truss Renewable resource Use engineered Oriented Strand Renewable resource sheathing for floors and roofs Use roofing material with 40-year Reduces replacement which or greater lifespan reduces need for new materials and waste Use fiber cement siding Reduction in overall wood usage, reduces replacement which cuts need for new material; less paint maintenance reduces paint emissions Plumbing Install low-flow showerheads Reduces water consumption Install water-efficient sink faucets Reduces water consumption Install water-efficient toilets Reduces water consumption Parkside Estates Sustainability Program Item Provided Per Plan Buyer's Comment by Shea Type Option Install recirculation hot water Reduces water consumption systems Alternative water piping system Reduces the mining and from copper (Cross-linked refining of copper; eliminates polyethylene PEX pipe) the possibility of copper pipe corrosion and slow water leaks Appliances/ Fixtures Install Energy Star dishwasher Reduces energy consumption Install Energy Star refrigerators Reduces energy consumption (whereprovided) Install Energy Star washing Reduces energy consumption machine (where provided) Install pin type compact Reduces energy consumption fluorescent lamps for hardwired fixtures (kitchens) Install photo or motion sensors on Reduces energy consumption exterior lighting fixtures Install kitchen recycle bins Provides better consumer usage HVAC Engineered HVAC system Increased efficiency of system Test duct work for leakage Increased efficiency of system Install high-efficiency HVAC Reduces energy consumption equipment with SEER rating of 13 Note: higher ratings could be or higher offered as options Bath fan with humidity sensor, Provides for better air quality motion sensor or timer Install TXV valve on air Reduces energy consumption conditioning system Windows Install vinyl frame windows with Increased energy efficiency. dual pane low emissivity lass Indoor Air Use low-volatile organic Reduces emissions into the compound VOC interior paints atmosphere Use water-based wood finishes Reduces emissions into the atmosphere Use low-VOC construction Reduces emissions into the adhesives atmos here Low- or formaldehyde-free Provides for better indoor air insulation ualit Natural gas clean-burning Reduces emissions into the fireplace atmosphere Potential Option Programs Photovoltaic solar systems Reduces energy consumption Parkside Estates Sustainability Program Item Provided Per Plan Buyer's Comment by Shea Type Option Solar water heating system Reduces energy consumption Air purification systems Provides for better air quality Radiant heat roof sheathing Reduces heat in attics Increased insulation More efficient Whole-house fans Alternative house cooling Increases in SEER levels of Reduces energy consumption HVAC equipment Carbon monoxide alarms Provides alert of indoor quality issues Consumer Education Materials Storm Water Pollution Prevention Consumer education guidelines for homeowners Landscape planning guides for Consumer education proper irrigation and run off control w- a e ` , , • - , ve ^� �, � + �' � �, • �,' �, yip^ � 3�• i _ x v .n ^ I , Iv EDAW I AECOM « f , `2 0-4 fi .ri. ti :r - `z+ r - .d, v �- > i -' t S t"` t- � •g-t-si. G t z. `' s `Ml M v ,zji O 3 � x 0 V e ^1 d `y ' �A' 5 > t.. Y• 4D, p 5` .,t ', r i r'„--t,.x• q� ''-xa'j x .. rt�+� f° i1r { 1, za,+? �' ""'Y # "t .� d i "'. gyp• k., ��n�j? y#t` 'i,.e"',.' i_ s ;c5p& �e' h ''�i.'° •tY ATTACHMENT # 16 PARKSI®E _ RESIDENTIAL PROJECT Now 2 Background Request r-October 2002 City Council approved: P As a result of Coastal Commission and City's —General Plan Amendment,Zoning Map Amendment, approval of modifications,the request includes: Local Coastal Program Amendment,Environmental —General Plan Amendment Impact Report and other entitlements —Zoning Map Amendment 2008 California Coastal Commission and City -Zoning Text Amendment Approved a modified Land Use Plan for the site -Local Coastal Program Amendment B e General Plan Amendment ��lyl Q General Plan Designation Prior General Plan Designation After i 0 o s V S-1(R) to Clty's 2002 Approval Clty's 2002 Approval GENERAL PLAN(EXISTING) GENERAL PLAN(PROPOSED) Decrease the Residential Low Density area from C c IX-25 35 approx.37.4 acres to 26.4 acres E r Remove the Open Space-Park designation from BA(..1 E approx. 8.2 acres l OBP 1 OB-P K Expand the Open Space-Conservation area to BOLBAC CA/ CO[It.TYOF 23.1 acres CO OF OB GE v Amend the Land Use Map and add Subarea 4K designation and requirements to subject site 5 s Land Use Plan per Coastal Acre Comparison of City and Commission and City Action Commission Approved Land Use Plans Land Use Acres Originally Acres Approved Difference Designation Approved by City by Coastal -- l Council in 2002 Commission and City in 2008 Residential 37.4 265 -10.9 Open Space- 8 4 0.0 -8 4 Park Open Space- 3.7 23 0 +19.3 Conservation Total 49.5 49.5 Zoning Map Amendment Zoning CityDesignation202ppr—Ir Zoning Designs 20 2Approve 9{ {� l�p cT / ��II G Y E�l [o City's 2002 Approval Clty's 2002 Approval No. 96-5 \R) ZONING(EXISTING) ZONING(PROPOSED) RMH G F— b € RMH Mirrors the General Plan Amendment changes i Rr�tH 8 � -Low Density Residential(26.4 acres) L1``C2 R4cz RA. -Coastal Conservation(23.1 acres) eovsAcxcu ` Rosncnca " COUNTYOF COUNTY OF ORANGE ORANGE RLCZFP2 CC-FP3-CZ _cz-"„2.n>* g 10 Land Use Plan per Coastal Zoning Text Amendment Commission and City Action No. 09-05 Ir Amend four chapters of the Zoning and K Subdivision Ordinance to implement approved changes to the Coastal Element -Chpt.210 Residential Dist.-Add reference to j requirements applicable to Parkside j- �' Chpt 216 Coastal Conservation Dist.-Add reference to requirements applicable to Parkside and performance standards for all coastal zone -Chpt.221 Coastal Zone Overlay Dist.-Add Resource Protection Requirements and phasing requirement -Chpt.230 Site Standards-Add reference to water Zoning WIb CC(toimplement OSC)and RL quality regulations 12 Local Coastal Program ANALYSIS Amendment No. 09-01 r The requested entitlements: a-Amend LCP Implementing Ordinances pursuant ir Achieve consistency for the General Plan,Zoning and to the ZMA&ZTA Coastal Element Land Use Plan a Implement the policies of the Coastal Element e Result in compatible land uses and resource protection Q Do not result in significant adverse environmental impacts k Project request covered by analysis in Certified EIR No.97-2,the Coastal Commission environmental review of LCP No.01-06 and Addendum EIR to EIR No 97-2 13 14 RECOMMENDATION r Staff recommends the City Council approve: 1 General Plan Amendment No.98-1(R) * Zoning Map Amendment No.96-5(R) EN® OF PRESENTATION Zoning Text Amendment No.09-05 N� F Local Coastal Program Amendment No.09-01 The LCPA will be forwarded to the California Coastal Commission for approval prior to becoming effective 15 16 RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: General Plan Amendment No. 98-1(R)/Zoning Map Amendment No. 96-5(R)/Zoning Text Amendment No. 09-05/1-ocal Coastal Program Amendment No. 09-01 (Parkside Residential Project) COUNCIL MEETING DATE: June 1, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval'and/or Denial Attached Not A plicable ❑ EXPLAHATIOH FOR v�WNG ATTACHMENTS REVIEWED�� �w RETURNED FOR A DED Administrative Staff Deputy City Administrator (initial) t�lur ' ° ( ) ( ) City Administrator (Initial) ,. �, Fr ;, '�Tna ( ) ) City Clerk ' " PDt's:ra. ^e ( ) / V EXPLANATION FOR RETURN OF ITEM: : - . RCA Author: SH:MBBjD