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HomeMy WebLinkAboutFile 2 of 2 - Parkside Residential Project - Shea Homes - Ad COMMUNICATIONS RECEIVED REGARDING: General Plan Amendment 98- 1 (R) and. Local Coastal Program Amendment (LCPA) No. 09-01 amending the zoning for the real property generally located on the west side of Graham Street, south of Kenilworth Drive (Shea Parkside Residential Project). June 1 , 2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.coml Sent: Thursday, May 21, 2009 9:52 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 967 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Joan Fisher Description: From: Joan Fisher [mailto:drj_fisher@yahoo.com] Sent: Thursday, May 21, 2009 9:18 AM To: CITY COUNCIL Subject: Shea Parkside Project Dear City Council, I urge that the City Council reject the Shea Parkside Project and Entitlement Plan Amendment 08-08. Sincerely, Joan J. Fisher Huntington Beach Resident Expected Close Date: 05/22/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/21/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Thursday, May 21, 2009 1:57 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 970 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Anonymous Description: From: parrottss@aol.com [mailto:parrottss@aol.com] Sent: Wednesday, May 20, 2009 10:34 PM To: CITY COUNCIL Subject: I urge the Council to reject the Shea Parkside Project and Entitlement Plan Amendment 08-08 1 urge the Council to reject the Shea Parkside Project and Entitlement Plan Amendment 08-08. Expected Close Date: 05/22/2009 Click here to access the recluest Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/21/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Thursday, May 21, 2009 2:15 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 971 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Michael Delmedico Description: From: Mike Del Medico [mailto:mdoc@earthlink.net] Sent: Thursday, May 21, 2009 7:07 AM To: CITY COUNCIL Subject: shea-parkside I URGE THE HB CITY COUNCIL TO REJECT THE SHEA PARKSIDE PROJECT AND ENTITLEMENT PLAN AMENDMENT 08-08 RESPECTFULLY MICHAEL DELMEDICO 16581 WANDERER LN 92649 Expected Close Date: 05/22/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/21/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [no reply@ user.govoutreach.com] Sent: Thursday, May 21, 2009 2:16 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 972 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Alan Schinnerer Description: From: Alan Schinnerer [mailto:calclassicboats@earthlink.net] Sent: Thursday, May 21, 2009 8:24 AM To: CITY COUNCIL Subject: Shea Parkside Project I urge the City Council to reject the Shea Parkside Project and Entitlement Plan Amendment 08-08. Alan Schinnerer 5581 Ridgebury Dr. Huntington Beach, CA 92649 Expected Close Date: 05/22/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/21/2009 Page 1 of 2 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Thursday, May 21, 2009 2:19 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#973 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Douglas Misterly Description: From: DSM [mailto:sailingdolphin@earthlink.net] Sent: Thursday, May 21, 2009 7:50 AM To: CITY COUNCIL Subject: I urge the Council to reject the Shea Parkside Project and Entitlement They have to drill wells and pump water out for extensive period of time, take 17 feet of dirt out and put 21 feet of dirt back in? I still don't see how that is not going to affect the surrounding homes from possible foundation issues. It seems to me the Kenilworth wall will sink even further. In the original report the CCC said a large Tsunami would have more of an adverse affect on the surrounding homes if you build Parkside a small would would not. I don't recall that being addressed. The traffic issues in the morning with Marine View is so bad now. I have had to wait 5 lights on Warner before I made it through. I can't imagine I I I more homes of traffic coming out on that street both ways and that is there only entrance and exit. How well this be addressed? This barely passed 4/3 that means three people thought is was a bad idea. They didn't have a lot of this information back in 2002. Douglas Misterly Misterly Financial Group Huntington Beach 949-439-3113 714-846-2865 FAX Securities offered through Centaurus Financial, Inc. a registered broker/dealer and a member FINRA and SIPC. This is not an offer to sell securities, which may be done only after proper delivery of a prospectus and client suitability is reviewed and determined. Information relating to securities is intended for use by individuals residing in ID,WA,CA. This e-mail and attachment(s) may contain information that is privileged, 5/21/2009 Page 2 of 2 confidential, and/or exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this message is strictly prohibited. If received in error, please notify the sender immediately and delete/destroy the message and any copies thereof. Expected Close Date: 05/22/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/21/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Thursday, May 21, 2009 2:20 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#974 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Mary Ann& Matthew Huecker Description: From: Mary Ann C. Utzurrum [mailto:mary_ann822@yahoo.com] Sent: Wednesday, May 20, 2009 10:23 PM To: CITY COUNCIL Subject: Shea Parkside Project I urge the Council to reject the Shea Parkside Project and Entitlement Plan Amendment 08-08. Mary Ann& Matthew Huecker Expected Close Date: 05/22/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/21/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Sunday, May 24, 2009 5:15 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 988 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Lorraine Prinsky Description: I urge the City Council of Huntington Beach to vote NO on the Parkside Project and Entitlement Plan Amendment 08-08. I live on the south side of the Wintersburg channel, in the Landing tract near where Slater and Graham meet, and would be directly affected by your decision. While I appreciate the fact that more area in the Shea/Parkside tract has been set aside for conservation in more recent plans, I still have very serious reservations about the project. I know this has been discussed for years but think that much more consideration needs to be given to neighboring areas and the protection of sensitive wetlands habitat. I enjoy walks in the area regularly and am deeply saddened by the fact that you are considering paving over much of it. In addition, I am concerned about the negative effects of the construction project for my neighbors—particularly dewatering and subsidence as well as construction traffic. Please reconsider this decision in order to preserve valuable space for the plants, wildlife and our community. Expected Close Date: 05/26/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/26/2009 Page 1 of 3 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, May 25, 2009 9:03 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#993 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Jane Lazarz Description: Ref: Vote NO on Entitlement Plan Amendment 08-08 1 URGE the Council to Vote NO on the Shea Parkside Project and Entitlement Plan Amendment 08-08 for the following reasons: Dear Mayor Bohr and City Council Members, The residents of Kenilworth Drive and surrounding homes to the Parkside Estates construction site have grave concerns about soil rcmoval, dewatering and recompaction as well as quality of life (health) concerns if and when construction begins. Excessive ground water pumping is by far the single largest cause of subsidence resulting in permanent subsidence and related ground failures according to a 2007 US Geological Survey. Our homes along the south side of Kenilworth (aka the Kenilworth Prestige tract) have their living rooms, bedrooms, kitchens,pools and play areas within a few feet of the bordering wall to the Shea property and proposed Parkside Estates development. We are most concerned about the potential residual damage from dewatering of the site that is well documented to cause subsidence in the US and in our own parts of Huintington Beach. A recent email to the Parkside.org community blog gave substantial evidence for our cause of concern: "...I live off of Bushard and experienced the sewer line disaster first-hand. When they started dewatering the ground under Bushard, house foundations started cracking and swimming pools began to drain. The dewatering causes the ground to subside, so it's not surprising that foundations crack...some 64 families joined a class-action suit because of the very serious damage that had been done to their homes. That was not the only project that has caused such problems in our area. The Peterson tract off of Atlanta& Magnolia(across from the post office) had subsidence problems. When the ground was prepared for construction,the developers were required to raise the ground level about ten feet so that the new houses would be above the flood plain. Though the fill dirt is pounded down, it still is not a stable foundation. After the houses were built and people moved in, there were problems in these "luxury" homes such as windows and doors that 5/26/2009 Page 2 of 3 did not fit or shut. There was a huge lawsuit against the developer which was settled in favor of the homeowners. The developer had to pay for the repairs." The recent Sunday evening May 17th jolting 4.7 earthquake reminded us that we live in a destructive 'seismic potentially prone area of the Newport- Inglewood fault zone (NIFZ) as was demonstrated by the deadly and damaging 1933 6.4 Long Beach earthquake located 8 to 12km beneath Huntington Beach.'* Our very valid concerns are based on precedent examples from the Bushard construction. We have these pertinent questions: Will the process of soil removal, dewatering and recompaction from the Parkside site cause any significant (noticeable or latent) damage /weakening to foundations, walls and other support structures of Kenilworth homes which may become compromised during Parkside construction and/or when another earthquake hits. How does Shea plan to monitor, mitigate and prevent any and all damage and/or harmful effects to property and lives around the construction site? By Shea's own estimates there will be apprx. 133,650 cubic feet of soil removal. That's a lot of dirt and DUST. We have very viable health concerns regarding the toxic chemicals in this dirt/dust form the farming. What are Shea's plans to alleviate any harmful effects to nearby residents during the construction process? Will our homes and yards be rendered unlivable during the four years or more of major construction that are planned for SIX DAYS a week? There will be approximately 7,108,300 cubic feet of soil importation from an OFF-SITE source. Where is this dirt coming from?And what is this fill dirt be composed of? Will it be coming form a toxic landfill site? There are babies, children with disabilities and aging senior citizens who live along side this site whose health may be at issue. We have a right to know what is in the air. An estimated 19,000 truckloads of soil will be transported over city streets and 125 plus truckloads per day will be added to already heavy existing traffic on Graham, Warner and Bolsa Chica Road. Will this cause any significant or otherwise damage to these roads in HB? (Taxpayers concerns for repair.) The entrance/exit to the Parkside site is located on a'blind' hill with ZERO visibility when coming from the Slater St direction. This is a precarious and potentially dangerous section of Graham St. especially with pedestrian traffic coming and going from the Marina View Middle School on a daily basis. Trucks, cars and kids don't mix. What will Shea do to guard our children's safety around this construction site? Many of Shea's substantiating reports in favor of Parkside Estates go back to 1996 thru 2002. MUCH has changed in the past 13 or so years. Let's make sure we look beyond aged paperwork or political compromise to be certain the correct decisions are made regarding this proposed development. Based on the environmental impact, safety concerns, and residual damage by the actual construction process along with adding up to 300-500 more residents in this already congested area, I urge you to reject Shea's proposal VOTE NO on 5/26/2009 Page 3 of 3 Parkside Estates. Sincerely, Jane E. Lazarz Huntington Beach *Bulletin of the Seismological Society of America, Vol 87,No.2 pp. 277-293, April 1997 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Expected Close Date: 05/26/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/26/2009 Page 1 of 2 Espaeza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, May 25, 2009 10:17 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#994 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: julie bixby Description: May 25, 2009 Mayor& City Council, I am against Entitlement Plan Amendment 08-08 for the Shea/Parkside project. There have been too many changes in the plans, too many changes in current circumstances, and important new information that has not yet been adequately addressed or reviewed. To illustrate the point of how wrong it is to depend on prior, outdated analysis, consider the following statements from 2002: From the certified EIR No. 97-2: 5.10 PUBLIC SERVICES AND UTILITIES Currently, fire department response time to the project area does not meet the criteria established by the Cities Growth Management Committee. This policy requires a fire department response time under five minutes 80 percent of the time. Response time from the Edwards Station is estimated to be five minutes. From a memo from Fire Chief Michael Dolder dated September 2, 2002: The location of Station 6 was specifically chosen near Edwards and Ellis to provide the necessary coverage to the low land area adjacent to the Bolsa Chica.....This intersection is at the northerly boundary of the deficient area and the Fire Department is confident that Station 6 is capable of meeting the 5 minute emergency response time required to mitigate the deficiency. *Seven years* have passed since these statements were made. Has anyone bothered to check whether or not this prediction of improved response times for the project area came true? I checked with the City Fire Department (via Pipeline), and the answer was no, it did not. While the city's overall average response time is under 5 minutes, the average response time to the Bolsa Chica low land areas still exceeds 6 minutes! 5/26/2009 Page 2 of 2 Moral of the story: it is irresponsible--and in some cases dangerous--to rely on outdated information and conclusions such as that contained in the 2002 EIR No. 97-2. The Addendum EIR attempts to update some of the information, but it is inadequate to the task and omits other new information that was not addressed in the original EIR. I don't like the idea of my civic leaders making decisions based upon old models, standards, assumptions and conclusions. I also don't like the idea of people making decisions without having all the relevant facts in front of them. Nobody should. Please ask City staff to conduct a Supplemental EIR and get the facts updated and analyzed to today's standards, so that you can make a completely informed decision on what is known *today*, not on what we thought we knew years ago. Thank you, Julie Bixby Expected Close Date: 05/26/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/26/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Tuesday, May 26, 2009 11:02 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#996 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Daniel Rocha Description: From: Daniel Rocha<dlrocha@msn.com> To: CITY COUNCIL Sent: Mon May 25 21:25:02 2009 Subject: REJECT SHEA PARKSIDE AND ENTITLEMENT PLAN AMENDMENT 08-08 Dear Huntington Beach City Council, My name is Daniel L. Rocha my wife and I live at 5452 Kenilworth Dr. Huntington Beach, which is adjacent to the Shea Parkside Project and we are both strongly against this project. While we understand that the city council is pro development I hope that you will look at what impact this project will have on the surrounding neighborhoods. Two of my major concerns are: Who is going to pay for the damage to my home and property which most likely will occur, because of the dewatering of the Shea Parkside project, is the city going indemnify the homeowners or is Shea going to indemnify us. Also the traffic is going to make it impossible to get in or out of our track. But I guess someone will just have to be killed in a traffic accident before the city council will take any action. I hope it is not a day late and dollar short so to speak. Based on the above I urge the Council to reject the Shea Parkside Project and Entitlement Plan Amendment 08-08. 1 would also like to add that this is one of the last wetlands left in California and our city is doing nothing to protect it. (WHAT A SHAME) What does this say about our city and the leadership? I JUST HOPE THAT YOU LISTEN TO US CITIZENS AND DON'T RELY ON SHEA'S PAID FOR EXPERTS. Expected Close Date: 05/27/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/26/2009 Page 1 of 3 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Tuesday, May 26, 2009 11:08 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#997 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Jane Lazarz Description: From: JE Lazarz [mailto.janelazarz@msn.com] Sent: Monday, May 25, 2009 9:59 PM To: CITY COUNCIL Subject: Entitlement Plan Amendment 08-08 Ref: Vote NO on Entitlement Plan Amendment 08-08 Dear Mayor Bohr and City Council Members, The residents of Kenilworth Drive and surrounding homes to the Parkside Estates construction site have grave concerns about soil removal, dewatering and recompaction as well as quality of life and health concerns if and when construction begins. Excessive ground water pumping is by far the single largest cause of subsidence resulting in permanent subsidence and related ground failures according to a 2007 US Geological Survey. Our homes along the south side of Kenilworth(aka the Kenilworth Prestige tract)have living rooms, bedrooms, kitchens, pools and play areas within a few feet of the bordering wall to the Shea property and proposed Parkside Estates development. We are most concerned about the potential residual damage from dewatering of the site that is well documented to cause subsidence in the US and in our own parts of Huntington Beach. A recent email to the Parkside.org community blog gave substantial evidence for our cause of concern: "...I live off of Bushard and experienced the sewer line disaster first-hand. When they started dewatering the ground under Bushard, house foundations started cracking and swimming pools began to drain. The dewatering causes the ground to subside, so it's not surprising that foundations crack...some 64 families joined a class-action suit because of the very serious damage that had been done to their homes. That was not the only project that has caused such problems in our area. The Peterson tract off of Atlanta& Magnolia(across from the post office) had subsidence problems. When the ground was prepared for construction,the developers were required to raise the ground level about ten feet so that the hew houses would be above the flood plain. Though the fill dirt is pounded down, it 5/26/2009 Page 2 of 3 still is not a stable foundation. After the houses were built and people moved in, there were problems in these "luxury" homes such as windows and doors that did not fit or shut. There was a huge lawsuit against the developer which was settled in favor of the homeowners. The developer had to pay for the repairs." The recent Sunday evening May 17th jolting 4.7 earthquake reminded us that we live in a'destructive seismic potentially prone area of the Newport- Inglewood fault zone (NIFZ) as was demonstrated by the deadly and damaging 1933 6.4 Long Beach earthquake located 8 to 12km beneath Huntington Beach.* Our very valid concerns are based on precedent examples from the Bushard construction. We have these pertinent questions: Will the process of soil removal, dewatering and recompaction from the Parkside site cause any significant (noticeable or latent) damage/weakening to foundations,walls and other support structures of Kenilworth homes which may become compromised during Parkside construction and/or when another earthquake hits. How does Shea plan to monitor, mitigate and prevent any and all damage and/or harmful effects to property and lives around the construction site? The potential of a damaging earthquake is far more likely than 100 year flood to this area. By Shea's own estimates there will be apprx. 133,650 cubic feet of soil removal. That's a lot of dirt and DUST. We have very viable health concerns regarding . the toxic chemicals in this dirt/dust form the farming. What are Shea's plans to alleviate any harmful effects to nearby residents during the construction process? Will our homes and yards be rendered unlivable during the four years or more of major construction that are planned for SIX DAYS a week? There will be approximately 7,108,300 cubic feet of soil importation from an OFF-SITE source. Where is this dirt coming from?And what is this fill dirt be composed of? Will it be coming form a toxic landfill site? There are babies, children/persons with disabilities and aging senior citizens who live along side this site whose health may be at RISK. We have a right to know what is in the air. An estimated 19,000 truckloads of soil will be transported over city streets and 125 plus truckloads per day will be added to already heavy existing traffic on Graham, Warner and Bolsa Chica Road. Will this cause any significant or otherwise damage to these roads in HB? (Taxpayers concerns for repair.) The entrance/exit to the Parkside site is located on a BLIND hill with ZERO visibility when coming from the Slater St direction. This is a precarious and potentially dangerous section of Graham St. especially with pedestrian traffic coming and going from the Marina View Middle School on a daily basis. Trucks, cars and kids don't mix. What will Shea do to guard our children's safety around this construction site? Many of Shea's substantiating reports which favor the Parkside Estates development go back to 1996 thru 2002. MUCH has changed in the past 13 or 5/26/2009 Page 3 of 3 so years. Let's make sure we look beyond aged paperwork or political compromise to be certain the correct decisions are made regarding this proposed development. Based on the environmental impact, safety concerns, and residual damage by the actual construction process along with adding up to 300-500 more residents in this already congested AND environmentally sensitive area, I urge you, Mayor Bohr and City Council Members to reject Shea's proposal VOTE NO on Parkside Estates. Sincerely, Jane E. Lazarz Huntington Beach *Bulletin of the Seismological Society of America, Vol 87,No. 2 pp. 277-293, April 1997 Expected Close Date: 05/27/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/26/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Tuesday, May 26, 2009 11:55 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 1001 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Sara Mathis Description: From: SARA MATHIS [mailto:rsmathis@msn.com] Sent: Friday, May 22, 2009 7:35 AM To: CITY COUNCIL Subject: Shea Parkside Project Importance: High Dear Honorable Council Persons: I urge the Council to reject the Shea Parkside Project and Entitlement Plan Amendment 08-08. Sincerely, Sara M. Mathis 5471 Meadow Circle Huntington Beach, CA 92649 Expected Close Date: 05/27/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/26/2009 Page 1 of 1 Esparza, Pafty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Tuesday, May 26, 2009 11:59 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 1002 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Zac h Halopoff Description: From: Zach Halopoff[mailto:zach@haloindustries.com] Sent: Friday, May 22, 2009 1:07 PM To: CITY COUNCIL Subject: reject Shea Parkside Project and Entitlement Plan Amendment 08-08 To Whom it may concern: I urge the Council to reject the Shea Parkside Project and Entitlement Plan Amendment 08-08. Sincerely, Zach Halopoff 4801 Los Patos Ave. Huntington Beach, CA 92649 Expected Close Date: 05/27/2009 Click here to access the regjuest Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/26/2009 Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Tuesday, May 26, 2009 2:31 PM To: City Clerk Agenda Subject: FW: Approve Parkside Estates Revised Maps FYI: Late communication item Rami Talleh Senior Planner (714)374-1682 City of Huntington Beach Planning Department 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 From: gonetone@aql.com [mailto:gonetone@aql.com] Sent: Tuesday, May 26, 2009 2:23 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes'Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning,please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. John Gonet Huntington Beach, CA 92647 gonetone@aql.com CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess,Director of Planning Rami Talleh, Senior Planner 5/26/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Tuesday, May 26, 2009 4:50 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item(notification) Request# 1008 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Sandra Sherrard Description: From: SanMamaSan [mailto:SanMamaSan@earthlink.net] Sent: Tuesday, May 26, 2009 3:34 PM To: CITY COUNCIL Subject: Shea Parkside Project Dear Councilpersons, I am adamently opposed to the Shea Parkway Project. Right now we have many empty homes sitting on the Brightwater property without buyers. We need to conserve the open areas and protect them, not go on building unneeded homes on our Bolsa Chica! Sandra Sherrard Expected Close Date: 05/27/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/26/2009 Esparza, Patty From: Flynn, Joan Sent: Wednesday, May 27, 2009 7:40 AM To: Esparza, Patty Subject: Fw: more well data re Shea Parkside June 1st agenda item Attachments: bixby-hb-090527-pse-wells.pdf td bixby-hb-090527-p se-wells.pdf... Patty -- did you get this one? Joan L. Flynn, CMC Huntington Beach City Clerk ----- Original Message ----- From: Mark Bixby <mark@bixby.org> To: city.clerk@surfcity-hb.org; CITY COUNCIL Sent: Wed May 27 07:06:39 2009 Subject: more well data re Shea Parkside June 1st agenda item Hi city council & city clerk's office, Please see attached for more discussion of groundwater well data re the upcoming Shea Parkside June lst city council hearing. mark@bixby.org Remainder of .sig suppressed to conserve expensive California electrons. . . 1 May 26, 2009 Huntington Beach City Council City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Mayor Bohr and Members of the City Council, The attached PSE geotechnical report excerpts (cover page and Appendix B) obtained from the HB Planning Department yesterday show more evidence of significant groundwater impacts as a result of the Wintersburg Channel north levee sheet-piling project that was performed in January 2008. Figure B-2 shows that all of the shallow wells adjacent to the north levee from Graham St. down to the CP wetland area registered steep declines in groundwater after the sheet piling was installed. Figure B-3 shows that well MW-5, located near the intersection of Graham & Kenilworth, registered an approximate 2.5ft drop in groundwater after the sheet piling was installed. This location is approximately 415ft from the levee sheet piling. Figure B-4 shows that while groundwater at well MW-13 located just north of the CP wetland had been declining for some time, the decline steepened after the sheet piling was installed. This location is approximately 225ft from the levee sheet piling. These data add more evidence that significant groundwater impacts have occurred as a result of the sheet piling project. I ask that the Shea Parkside project be continued until more well data becomes available from OC Public Works (aka OC Flood Control) and can be evaluated within the context of a subsequent EIR. Sincerely, Mark D. Bixby 17451 Hillgate Ln Huntington Beach, CA 92649-4707 714-625-0876 mark@bixby.org Attachments: PSE cover page and Appendix B PACIFIC SOILS ENGINEERING, INC. ® 710 E. PARKRIDGE AVENUE, SUITE 105, CORONA, CA 92879 TELEPHONE: (951) 582-0170, FAX: (951) 582-0176 SHEA HOMES November 25, 2008 603 South Valencia Avenue Work Order 102300 Brea, California 92823 ClxA hV *6t Attention: Mr. Ron Metzler ®EC 03 20 Subject: UPDATED GEOTECHNICAL REPORT AND 40-SCALE GRADING PLAN REVIEW Parkside Estates, Tract 15377 City of Huntington Beach, California References: See Appendix A Gentlemen: Presented herein, at your request,is an updated geotechnical report and grading plan review of the Parkside Estates project, Tract 15377, in the City of Huntington Beach, California. We at Pacific Soils Engineering, Inc., appreciate the opportunity to be of service to you and your organization. Should you have any questions or require additional information,please do not hesitate to contact the undersigned at(951) 582-0170. Respectfully submitted, PACIFIC SOILS ENGINEERING, INC. ,0V IC-- J0%14 J. DO VAN/RGE 2790 A ES B. ES/RGE 192 Ret 65051/Reg. Exp.: 6-30-09 IRCE 30280/Reg. Exp.: 3-31-10 4�pFESS/n Registered Geotechnical Engineer tfiief Operations Officer �Q�O TSB•Q4ST�F4 �FESS/0 FJ' �2 �pQ�Y00/y0`�F�v No.192 cc�Q orb' y2 z Exp.3/31/10 �2 m No.2790 � cF�E ��P Exp.6-30-09 r CN��P Distribution: O �CGPvR TEOFCA��k� (5) Addressee T� TECN JQ'' (1) Hunsaker&Associates,Attn.: Mr.Fred OF CAS ' 1JDJBC bjb-102300,November 25,2008(Updated Grading Plan Review) CORPORATE HEADQUARTERS LOS ANGELES COUNTY SOUTH ORANGE COUNTY SAN DIEGO COUNTY TEL:(714)220-0770 TEL:(310)325-7272 or(323)775-6771 TEL:(714)730-2122 TEL:(858)560-1713 FAX:(714)220-9589 FAX:(714)220-9589 FAX:(714)730-5191 FAX:(85B)560-0380 APPENDIX B Groundwater Monitoring Well Data (MW-1 through MW-19) PACIFIC SOILS ENGINEERING, INC. T"PiCAL S'P.F-T SECTN'01.1� -J, �E - ----- ---- 77 A �`A + NN g-W . . . . . . a y Z -------!71- MW-1,9 m V-1 V J" "k + 1.7 S ,UW- 10--hNIT' VAP —7 -Ilk al; iv- N0JL M, j VInt==r 1-1 b IPT u J\ 7 S-t—IMMI/lin? '7AD"LL IfT RE.1w R R L M� 005 PLATE B5 PACIFIC SOILS ENGINEERING, INC. P!A...DGE AVENUE,SUITE IDS,CORONA,CA 92879 IS TELEPHONE:(951)582-0170,FAX:(951)582-0176 MIND 11/25/08 -ROUNDWATER MONITORING WELLS _I W.D.102300 DAIL G 1:17 HUNSAKER & ASSCICIAT I S TENTATIVE TRACT MAP NO 15377 E I , I . OF ? 2 ft Work Order 102300 Groundwater Monitoring Well Data Pacific Soils Engineering, Inc. November 25,2008 Deep Wells 2.00 1.00 0.00 -1.00 -2.00 -3.00 -4.00 -5.00 -6.00 -7.00 — - :. -8.00 w -9.00 c -10.00 - -11.00 — > -12.00 m w -13.00 -14.00 -15.00 - -16.00 - -17.00 - -18.00 v +MW-3 -19.00 MW-15 -20.00 MW-17 -21.00 —MW-19 -22.00 — —MW-10 -23.00 NOTES:MW-3:Groundwater above well pipe between 12/21/05 and 5/8/06; Date MW-10:Buried 10/18/02-10/9/06; MW-15:Buried 3/16/01-10/30106;Destroyed after 5/21/07; Figure B-1 MW-17:Buried 10/18/02-12121/05 and 8/l/06-10/9/06;Damaged after 1/30/06 and partially filled;Dry after 10/30/06; MW-19:Buried 2/8102-12/21/05 and 811/06-10/30106,Damaged around 1/30/06 and non-operational after 7/17/06. Work Order 102300 Groundwater Monitoring Well Data Pacific Soils Engineering,Inc. November 25,2008 Adjacent to Channel(Shallow) 2.00 1.00 0.00 -1.00 -2.00 -3.00 x -4.00 -5.00 -- - -6.00 -7.00 -8.00 m -9.00 w -10.00 - - c -11.00 - -12.00 m -13.00 w -14.00 - -15.00 - -�►—MW-6 -16.00 -- f-MW-7 -17.00 MW-8 -18.00 -- -MW-9 -19.00 — -MW-11 -20.00 -- -21.00 --- - -+-MW-12 -22.00 - -23.00 0°' 00 00 00 O� O� O^ Off' Off' Off' 00 00 00 Off` Off` Off` Oh O� O� OHO OHO OHO O� 01 O� O� 00 00 Date Figure B-2 NOTES:MW-6:Buried 1/24103-2121/05; MW-7:Buried 10/18102-12121/05; MW-8:Buried 10/31/05-12/21/05; MW-12:Damaged 9/24/07 and repaired. Work Order 102300 Groundwater Monitoring Well Data Pacific Soils Engineering, Inc. November 25,2008 North Boundary(Shallow) 2.00 1.00 - - 0.00 -1.00 -2.00 -3.00 -4.00 - -5.00 -6.00 x --- �► -7.00 - x x x -8.00 -9.00 v c -10.00 ea -11.00 m -12.00 — W -13.00 -14.00 --- -15.00 MW-1 -16.00 --IF—M W-2 -17.00 MW-4 i -18.00 - - MW-5 1 -19.00 -20.00 -21.00 -22.00 -23.00 Date Figure lg-3 NOTES:MW-1:Buried 10/18/02-12/21/05; MW-2:Buried on 7/3/06; MW-5:Buried 2/8/02-12/21/05. Work Order 102300 Groundwater Monitoring Well Data Pacific Soils Engineering,Inc. November 25,2008 200 feet-300 feet from Channel (Shallow) 2.00 1.00 - 0.00 - -1.00 v -2.00 -3.00 x -4.00 x -5.00 x -6.00 -7.00 -� -8.00 c -9.00 - ° -10.00 d -11.00 w -12.00 -e-MW-13 -13.00 -14.00 - -15.00 MW-18 -16.00 i x-MW-16 -17.00 -18.00 - -19.00 -20.00 -21.00 -22.00 -23.00 O°' 00 00 00 O� O� O� Off' O`�' Off' 00 00 00 Off` Off` Off` O� O� O� OHO 00 OHO O� O� O� 00 00 00 �\^O �\�O �\�O I\�O 4V I\:O 1\�O 4p e e e '`\�O 4V '`\�O e e -`\f '`\�O ,`\f "\T "\TO ,`\T .,\TO O O �0 ���0 ���0 NOTES: MW-13:Buried 8/17/05-12/21/05; Date MW-14:Buried 5/11/01;Plugged at 5 feet after 10/18/02;Plugged at 3.6 feet �flg�rC -� after 8/14106 MW-16:Buried 2/8/06-12/21/05;Dry after 6/26/07; MW-18:Buried 2/8/02-12/21/05;Clogged after 2120/06. Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Wednesday, May 27, 2009 8:10 AM To: City Clerk Agenda Subject: FW:Approve Parkside Estates Revised Maps FYI: late communication item for Parkside Development Rami Talleh Senior Planner (714)374-1682 City of Huntington Beach Planning Department 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 From: bb@socal.rr.com [mailto:bb@socal.rr.com] Sent:Tuesday, May 26, 2009 7:39 PM To:Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools,but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Bernard Bendow Huntington Beach, CA 92647 bb@socal.rr.com 714 847 7006 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 5/27/2009 Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Thursday, May 28, 2009 2:56 PM To: City Clerk Agenda Subject: FW:Approve Parkside Estates Revised Maps Fyi: Late communication Rami Talleh Senior Planner (714) 374-1682 City of Huntington Beach Planning Department 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 From: rob@drectpropertyservice.com [mai Ito:rob@drectpropertyservice.com] Sent: Thursday, May 28, 2009 2:22 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Rob Magnotta Huntington Beach, CA 92646 rob@drectpropertyservice.com CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 5/28/2009 Page 1 of 1 .Esparta, Patty From: Surf City Pipeline[noreply@user.govoutreach.com] Sent: Wednesday, May 27, 2009 11:06 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 1022 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Thomas Campbell Description: From: Camblswest@aol.com [mailto:Camblswest@aol.com] Sent: Wednesday, May 27, 2009 9:27 AM To: CITY COUNCIL Subject: Shea Parkside Project To the Huntington Beach City Council: From: Thomas C. Campbell Huntington Beach, CA As a near neighbor to the proposed Shea Parkside Project, I am deeply concerned about several aspects which would impact directly upon us. These concerns are as follows: 1. Most importantly,the proposed traffic access from the property onto Graham Street will make exit from out tract extremely difficult during morning and afternoon high traffic volumes. Exiting from Pendleton or Kenilworth is sometimes difficult now and will be moreso when 136 new families are added in Parkside. Also,the idea of only single access to the property seems rather short-sighted, especially in the event of an emergency. 2. The property as it now exists would be better used as a natural wetlands and park area. 3. The grading and elevation increase could have significant impact on our tract in the event of significant winter storm rain volumes which could flow into our tract and flood houses. Thank you for considering my concerns about this project. Expected Close Date: 05/28/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/27/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Wednesday, May 27, 2009 11:09 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 1023 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Ali Naji Description: From: Ali Naji [mailto:allaawi@gmail.com] Sent: Tuesday, May 26, 2009 9:14 PM To: CITY COUNCIL Subject: Shea Parkside Project and Entitlement Plan Amendment 08-08 Dear Council Member, I am writing to inform you that I oppose the above project because I am one of the many that will be directly affected by it. Traffic congestion, Air pollution,Noise and rising air temperature is just a few of the by product of the project that will affect our daily life in this neighborhood. This project must have a complete and new Environmental Study that addresses all of the above issues. The City Council must pay full attention to this project and fall into the trap of the developer. I it is not of the City's interest that such a project be built in this area. Regards, Ali Naji 5371 El Dorado Dr, Huntington Beach Expected Close Date: 05/28/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/27/2009 Page 1 of 2 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Wednesday, May 27, 2009 2:49 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 1029 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Gary A. Twiford Description: From: Gary Twiford [mailto:gtwiford@socal.rr.com] Sent: Wednesday, May 27, 2009 1:17 PM To: CITY COUNCIL Subject: Shea Parkside Development City Council: I have lived in the city for the last 39 years. The last few years I've seen the stewardship of the city decline regarding making decisions that affect the overall living quality of long time residents. The most recent being the Shea home development next to the Wintersburg canal. When folks first moved into the immediate surrounding area in 1969 they were told that immediate area would not be developed because it was considered to be wetlands. I belive that a landholder has the right to do with his property what they want to as long as it does'nt hurt or interfere with other property owners who have long resided in the immediate area.This is the case with the Shea home development at Parkside. The traffic on Graham st. at times is heavy and unbearable. The proposed site has one entrance and exit,thats nonsence. With that many homes being built more entrances should have been made available. The parkland downsizing from 8 acres to 2 acres isB.S. This whole project smells of payoffs. Lets start with a couple of years ago when Supervisor Moorlach made the announcemsnt that the Wintersburg canal need to be upgraded due to deteroration. I first thought,what a guy. Somebody is going to finally do something to upgrade the canal after record recent rains that left 2-3 feet of silt in the canal. A meeting was held in October of 2007 at the middle school in the area. A spokesperson of Moorlach was present stating a complete upgrading of the canal was imminent. This had nothing to do with the proposed housing development (right). This upgrading was to start in January,wow. It did start with Shea Construction doing the upgrading. The only upgrading completed to date is on the north side of the canal that abuts the housing project, How interesting. Very few people were aware of an State Assembly that became law Jan. 1,2008. I believe it was A.B.40 or 80 which basically states that any new development in a flood prone area in which a flood occurs after development is completed without any upgrading prior to the development. The county would be lilable for any damages to the new construction. As you can see, long time residents don't have much faith in this City Council. 5/27/2009 Page 2 of 2 Sincerly: Gary A. Twiford Expected Close Date: 05/28/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/27/2009 NOTICE OR PUBLIC HEARING BEFORE THE CITY CaUNCtL OF THE Huntington Beach Independent has been adjudged a newspaper of gen CITY OF;HUNTINGTONBEACH circulation in Huntington Beach and Orange County by Decree of the Sup e Court of Orange County,State of California,under date of Aug.24, 1994,< NOT,ICE IS HEREBY GIVEN that on Monday,June 1,'2009 at 6 00 p m in;the CIty Council Chambers, A50479. 2000 Main,Street,Huntington Beach,the City Council will,hold a public hearing on the'fnllowmg planning`and zoning items: PROOF ®F ❑1. GENERAL PLAN AMENDMENT NO.98-01(R)r ZO I(J NG MAP AMENDMENT NO r 96 05fR1 LOCAL COASTAL PROGRAM AMENDMENT.NO:'09-01 ZONING TEX `•. AMENDMENT NO.09-05..REVISED TENTATIVE TRACT+MAP.'NOS:-95377 AND [�19 I'UBLICATI®loT ;ENTITLEMENT PLAN AMENDMENT NO:A8-08(R VISIONS TO`CONDITIONAL'USE PERMIT:N01.96 90:AND,COASTAUDEVELOPMENT PER NO:98=18.1 PARKSIDE.r RESIDENTIAL-DEVELOPMENTI:=Aggliearit-A Riche Fitch; diunsaker_&A`ssocia4es_ Reauest:.:GPA:-To revise previousiy approved GRA No 98 01t reaesignai6, 31 acres... of RL=7(Residential Low Density)and OS-P(Open Space Park),, erEy toy C;(Open Space Conservation);and to amend the Land Use Elerrfentby'ad'I Subarea 4K 6 STATE OF CALIFORNIA ) the,Huntington Beach Sub Area map and adding Subarea 4KIo the Community District and Subarea Schedule. ZAUL-.To reviseprewously.approved ZMA No 96 05 to rezone -- SS. approximately 19.4 acres-of RL(Low Density Residential)and OS-PR pen-,Space-Park and a Recreation Subdistrict)property to CC(Coastal Consentation) ws g9.:To mend the COUNTY OF ORANGE ) City of Huntington Beach Zoning and Subdivision Ordinance as,follo A)Amend Chapter,, �-210 to reference the Subarea 4K,requirements;B)Amend Chapter216 to reference, the Subarea-4K requirements and add additional performance`6 dards for.CC areas throughout the coastal lone"C)Amend,Chapter 221 4o add a new,section for Resource am the Citizen Of the United States and a P.r'"otectionReijwrements.forNew:Developinenfand,addaphasingrequ�rement 9nd:Q), Amend Chapter,230 to incorporate a,reference to the,requiremenfto comply,vnth federal resident of the County aforesaid; I am over state;regionaLand local water quality regulations ),lips. To amend the Citys Local CoastaPProgram and Irriplementation Program in accpidance.with-the ZMAand ZTA'and the age of eighteen ears and not a art forward to the Galifomia Coastal Commission for"certification' g 9 y party IIBd.To revise prevtbiisly ' t0 Or Interested In the below entitled matter. approved,plans forthe Parksirie residential'development an'dsutidwide approximately;, 45 acres into 111 numbered lots and 29 lettered lots,(Revised Tentative Tract Map No am a principal clerk of the HUNTINGTON 15377)for single,family dwellingpurposes includingnewl)(ereated restored;andpreserved. wetlands and buffer area,a protected Eucalyptus grove,a Natural Treatment System;ll"r, BEACH INDEPENDENT, a newspaper Of Quality basin(NTS),a,vegetated flood protectionbarrieratraiisystemandsdedicatwn,and general circulation printed and published In ^im m proveent of an approximately 1:0 acre public active park and:0;57_acre;public passive - g p p park;and subdivide approximately 4.8 acres into one(1)lot`(Revised Te'ntativeTracfMap' the City of Huntington Beach, County Of No.:15419)foropewspaceandwetlandrestoration;area j Okloamend-ConditionalClse Permit No.:96-90 and Coastal Development Permit No.96-18(th'co6cept)and redu84:ih'e Orange, State of California, and the number of single family dwelling units to 111 units;reduce the public park to 1 57 acres; ar4increase the amoun6f open space by creating reatonng'and preserving wetlands and' attached Notice is a true and complete copy buffer area,,a protectedEucaiyptus grove,a Natural.Treatment System wafer Quality basin, as was rinted and ublished On the (NTS),a vegetated flood protection barrier,and a trail system; )bq ;'17301 Graham p p Street(west-side of.Graham Street,south of WamerAvenue,.adjacent-to�the Win tersb4§ fOIIOWIng date(S). Flood'Control Channel)Proiect'Planners:.Mary Beth Broeren;Planning Manager;and Rami Talleh,Senior Planner NOTICE IS HEREBY GIVEN that Item No:1 which includes Local,Coastal,Program Amend mentjNo:' bg-01 and Entitlement PlanAmendment'No.08-08 filed on'Novembdir 18;;2008,;which;aniends Coastal Developmefit_96-1816 conceptjs located within the appealabe@jurisdiction of the CoastalZone_and,..'' an Area OfNfeired'Certificatioti of the Coastal Zone. Final action is conditionaLupon.the,California CoastalCommission certifying Local Coastal.Program'Amendment:N6.09-01"and approving;a final - Coastal Development Permit., NOTICE-IS,HEREBY GIVEN that the Local'Coastal Program Amendment,and.Ent&ment Plan May 2 2009 Amendment hearing-consists of a staff report,public hearing;City Council discussion and action:-City y , Council action on the L'ocal:Coastal Program Amendment will be forwarded to the California 96astal- Commission'for approval.City Council action on the approval in concept may be appealed to,the` California CoastafCommission within ten(10)working days from the date of recelpt'ofthe'notice of final; City action by the California Coastal Commission pursuant to Section of the Huntington'Beach`- Zoning.and Subdivision Ordinance and Section 13110 of the California Code,of'Regulatioris,or unless Title K Section 13573'of the California Administrative Code is,applicable:,The California-Coastal . Commission`address is South Coast Area,Offtce,200 Oceangate,10th Floor,Long Beach;CA 90802- 4302,phone number: (310)570-5071. NOTICE IS HEREBYGIVENthat Item No.1 is covered by Environmental Impact Report'(EIR)No declare under penalty of u that the 97-2,prepared by'EDAW Inc.,and certified by.the City Council on,October 21,2002;Addendum`EIR t,o. p Y perjury,rye EIR No:97-02 hated May,2009:the'California Coastal Commission's environmental review.of LCP No:" foregoing IS true and correct. 01-06,undersection 21080.5 of,the.California Environmental Quality Act(CEQA)and sections.' 1(0). and 15265 of the State CEQA Guidelines;and City Council'Resolution No,4501,Class 20,.whi&f'' - supplements CEQA: The preparation and adoption.of Local Coastal Program Amendments is exempt from the"requirements W CEQA,pursuant to Section 21080.9 of-CEQA and Sections 15251(F)and. 15265 of Title 14,California Code of Regulations. Executed on May 26, 2009 ON FILE: A copy of the proposed request is'on file in the City Clerk's Office,2000 Main Street. Huntington Beach,California 92648,for inspection bythe public:A copy of the'staff report will be- at Costa Mesa, California available to_interested,parties_at the City Clerk's Office on Friday,May2 20,209, ALL INTERESTED PERSONS,are invited to attend said hearing and express opinions or.submit ; evidence for or"aga'inst the application)as outlined above= If you challenge Council's'action in , urt,Iyo.0 may be limited.to raising only those_issues you or someone-else•raised,at the putilic hearing described;inthis notice,or in written correspondence delivered to;the,City-at,or prior to,-, o,the public ,hearing.,If the are any further questions please call the Planning:Department at(714)53&6271 Signature refer to the above Items. Direct your written communications to the City Clerk. Joan Flynn,City Clerk - City.of Huntington Beach 2000 Main Street,2nd Floor - Huntington.Beach,California 92648 (714)536-5227 SheaHomes Caring since 188i May 29, 2009 Mayor Keith Bohr City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Response to Bolsa Chica Land Trust letter of May 26 Dear Mayor Bohr and members of the City Council: We are writing in response to the letter from the Bolsa Chica Land Trust(BCLT)of May 26 regarding the Parkside Estates Revised Tentative Tract Maps, Entitlement Plan Amendment and Coastal Development Permit for Parkside Estates, which will be before you on June 1. We understand the City's environmental consultant, EDAW, Inc., is preparing a comprehensive response to the matters raised by BUT, The BUT letter is typical of comments that have been submitted by this group throughout the long and rigorous review process for Parkside Estates: The comments are voluminous, but have no depth,and are designed to confuse rather than clarify. BCLT raises issues that were fully addressed in the Parkside Estates environmental impact report(97-2), further analyzed by the California Coastal Commission in its review and findings, which are the functional equivalent of an EIR under CEQA, and in the City's Addendum to EIR No. 97-2. The deceptive and inaccurate nature of the BUT arguments are evident from page 1 of the group's letter,where BUT calls for a new Environmental Impact Report(EIR)because of alleged environmental impacts from the increased wetlands and Environmentally Sensitive Habitat Areas(ESHA)in the plan. Calling for a new EIR because there is more natural habitat in the new plan? The very idea is ludicrous. The caution with which the City Council should approach the BUT letter is also evident in the group's discussion on grading,the first plan-related topic the BCLT raises in its letter. BUT says"future Parkside Estates houses in the Kenilworth area"have pad elevations one foot higher than showing in the 2002 EIR, which"would result in increased visual impacts as nearby residents are effectively walled off from the site,"and therefore should trigger a new EIR to "address impacts of increased pad heights on the adjacent neighborhood." In fact,there are only two lots out of I I I within Parkside Estates that have pad elevations one foot higher than in the earlier plans, and they are at least 360 feet away from the nearest Kenilworth homes (separated by three other houses, a street and a landscaped park). In the 1250 Corona Pointe Court Suitt 600 ( / Shea Homes Limited Partnership d' Corona,CA 92879 {{{ Shea Homer Marketing Company / �j'7"" ! i 1��� ... txdrpe,rdexr,Aenabm ofdrr S{eafmwily afcornfaxirr 951.739.9700 951.738.1758 F Parkside Estates Response to Bolsa Chica Land Trust Letter May 29,2009 Revised Tentative Tract Map, six of the nine Parkside Estate homes nearest to the Kenilworth homes are at the same or lower elevations than in the 2002 documentation, and none of the remaining three is one foot higher. The homes in the two tracts are approximately 140 feet apart, and a landscaped park separates them. Clearly, BUT is grossly misrepresenting the actual situation in a deceitful attempt to get the City Council to delay the project by requiring a new EIR. Parkside Estates has been very thoroughly studied,through the City's EIR No. 97-2, and by a subsequent Coastal Commission review and findings(November 2007 and May 2008), which are viewed by CEQA as the equivalent of an EIR, as explained in the attached detailed comments. The City also directed EDAW,its environmental consultant, to review EIR 97-2 to determine if any additional studies were needed. 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. BCLT's comments conspicuously ignore these reviews and studies,and the conditions and mitigations that grew out of the City's and the Coastal Commission's reviews. BUT also calls for studies to be finalized, but such final design studies are inappropriate for this stage in the review process. As an illustration, we know that groundwater will factor into our final engineering, so we have been monitoring groundwater for over ten years to gain the understanding needed to complete our final plans for subsequent City review. When the project is approved and entitlements are in place, final design will be completed, supplementing the . studies as needed to effectively deal with any groundwater issues. Incidentally,our studies show there is no evidence that the proposed project will have the effects on groundwater that BUT alleges it may have. We encourage you to approve the matters before you without further delay, as there is no justification for a supplemental or subsequent EIR. Sincerely, Shea Homes LP Ron Metzler Cc: Scott Hess,Planning Director Mary Beth Broeren, Principal Planner Jennifer McGrath,City Attorney Terri Elliott,PE, Public Works Dept. 2 OA2 CITY OF HUNTINGTON BEACH Inter-Department Communication Planning Department TO: Honorable Mayor and City Council Members VIA: Fred A. Wilson, City Administrator FROM: Scott Hess, AICP, Director of Planninh DATE: May 29, 2009 SUBJECT: PARKSIDE RESIDENTIAL PROJECT ADDENDUM ENVIRONMENTAL IMPACT REPORT JUNE 1, 2009 CITY COUNCIL MEETING — LATE COMMUNICATION The City is in receipt of a letter from the Bolsa Chica Land Trust, dated May 26, 2009 that the City Clerk's office transmitted with the Request for Council Action. The City's consultant has prepared a response to the various comments in that letter, which is attached for the City Council's information. If you have any questions, please contact Mary Beth Broeren, Planning Manager, at ext. 5550. SH:MBB Attachment: City responses to letter dated May 26, 2009 xc: Joan L. Flynn, City Clerk Bob Hall, Deputy City Administrator (without attachment) Mary Beth Broeren, Planning Manager Rami Talleh, Senior Planner �_4-7r EDAW AECOM EDAW Inc 2737 Campus Drive, Irvine,CA 92612 T 949.660.8044 F 949.660.1046 www.edaw.com Memorandum Date: May 28, 2009 To: Ms. Mary Beth Broeren, Planning Manager From: Alia Hokuki Subject: Bolsa Chica Land Trust's May 26, 2009 Comment Letter Distribution: Jayna Morgan Ron Metzler We are in receipt of a comment letter prepared by the Bolsa Chica Land Trust (BCLT), dated 26, 2009, regarding the Parkside Estates Addendum EIR (AEIR) document. EDAW along with the technical consultants involved in the EIR studies have prepared the following responses to address the comments/concerns presented by the BCLT. Shea Homes and their civil engineers have also provided input as necessary. The following is a breakdown of the BUT letter in accordance with the topic of discussion, followed by a response. A summary of the BUT comments are provided in italics to help distinguish between the comment and response. Introductory Response It should be noted that EIR 97-2 certified by the City of Huntington Beach in 2002 did not receive any CEQA legal challenges. We are not aware of any authority in case law or CEQA statute which indicates that a prior certified EIR cannot be relied upon due to the age of the data. Beginning on page 1-1, the AEIR documents the City and Project applicant efforts between 2003 and 2008 related to the Parkside Estates Project. Please refer to Sections 1.1 and 2.4 of the AEIR for a detailed description of these activities which included several meetings and public hearings with the California Coastal Commission (CCC). The responses to specific comments raised in BCLT's letter are presented below: 1 E®AW AECOM EDAW Inc 2737 Campus Drive, Irvine,CA 92612 T 949.660.8044 F 949.660.1046 www.edaw.com CEQA REQUIREMENTS COMMENT: Preparation of a subsequent EIR is required prior to any other discretionary action by any public agency. RESPONSE: BCLT argues incorrectly that a new EIR is needed. It assumes that there is only one CEQA document at issue, EIR No. 97-2. There are, however, two CEQA documents that must be considered — EIR No. 97-2 and the decision of the California Coastal Commission in certifying the Land Use Plan for the Parkside project. Under CEQA and the CEQA Guidelines, the Commission's environmental review of the LUP amendment is treated as the"functional equivalent" of the EIR process. (McAllister v. County of Monterey(2007) 147 Cal.App.41h 253, 272; Kaczorowski v. Mendocino County Board of Supervisors(2001) 88 Cal.App.41h 564, 569.) The BCLT letter simply ignores the Commission's decision, but in certifying the LUP, the Commission adopted its own CEQA findings, as follows: "Section 21080.9 of the California Public Resources Code — within the California Environmental Quality Act (CEQA) — exempts local governments from the requirements 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). However, the Commission's LCP review and approval program has been found by the California Resources Agency to be the functional 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 135429a), 13540(f), and 13555(b). The City of Huntington Beach LCP amendment 1-06 consists of an amendment to the Land Use Plan (LUP) only. As outlined in this staff report, the LUP amendment is not consistent with the Chapter 3 policies of the Coastal Act regarding public access and recreation, wetland, ESHA, marine resources, and land resources, as proposed. 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. Therefore. the Commission finds that approval of the LUP amendment as modified will not result in significant adverse environmental impacts under the meaning of CEQA. Therefore, the Commission certifies LUP amendment request 1-06 if modified as suggested herein." (CCC Adopted Findings, pp. 62-63; emphasis added.) The BCLT letter also ignores the City's Addendum to EIR No. 97-2 prepared by environmental consultants at EDAW, Inc., to address the potential environmental impacts of the changes made to the Parkside project by the Commission's decision. After acknowledging the above Commission finding, the Addendum correctly explains: 2 E®AW AECOM EDAW Inc 2737 Campus Drive, Irvine,CA 92612 T 949.660.8044 F 949.660.1046 www.edaw.com ". . . [T]he situation here differs from the ordinary situation in that 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" and ". . . [T]his 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." Applying a "conservative" approach, the Addendum thoroughly analyzed for the City Council whether the project's modifications subsequent to EIR certification would result in new or more severe significant environmental effects, and concluded that the changes (eo, 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 Natural Treatment System, the Vegetated Flood Protection Feature, and increased conservation area) did not warrant the preparation of a supplemental or subsequent EIR. While the BCLT letter would like to treat this project as a "do-over," that argument again fundamentally misconstrues the nature of the proceeding before the City Council. The procedural posture today is far different from the City's initial review of the EIR No. 97-2. Here, the operative CEQA document is an Addendum rather than the initial EIR. The question is whether the changes made to this project by the Coastal Commission, not other projects, will result in any new significant environmental effects of substantial increases in the severity of previously identified significant effects. The Addendum, prepared by environmental professionals selected by the City, concluded that major revisions of the EIR No. 97-2 (or the Coastal Commission's decision) are not required and that none of the conditions listed in CEQA Guideline Sections 15162 or 15163 that would require preparation of a supplemental or subsequent EIR have occurred. That conclusion is amply supported by substantial evidence, including the many expert analyses and reports prepared for the Coastal Commission and the City, including those reports prepared by Coastal Commission's own geotechnical, water quality, biological and planning staff, and on which the Coastal Commission relied in its decision. By contrast, the BUT letter is not supported by any substantive evidence. Further, most if not all of the BCLT arguments have been made previously, addressed by either the City or the Coastal Commission, and resolved. Because BUT has entered no substantial evidence, its letter cannot support a determination to prepare a supplemental or subsequent EIR—again, something that the experts already have demonstrated is not warranted at this point. (Pub. Resources Code § 21082.2; CEQA Guidelines, § 15384 ["Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly erroneous or inaccurate, or evidence of social or economic impacts which do not contribute to or are not caused by physical impacts on the environment does not constitute substantial evidence."].) Based upon the above discussion and the findings and analysis provided in the AEIR, a subsequent EIR is not required according to Section 21166 of CEQA and CEQA Guidelines Section 15162. The rationale for this finding is explained in Section 1.2 (CEQA Basis for this Addendum) of the AEIR and is further documented within each environmental topic analyzed in Section 3.0 of the AEIR. 3 E®AW AECOM EDAW Inc 2737 Campus Drive, Irvine,CA 92612 T 949.660.8044 F 949.660.1046 www.edaw.com CHANGES IN THE PROJECT COMMENT: Increased pad heights and associated heights of structures would result in increased visual impacts on the surrounding area. RESPONSE: There are only two pads out of 111 within Parkside Estates that have elevations one foot higher than in the earlier plans, and neither of these lots are adjacent to the Kenilworth homes. In fact, there are three lots, a street and a landscaped park—some 360 feet in total— between the lots and the adjacent Kenilworth lots. It is worth noting that the City's Planning Department has discretionary authority to authorize changes in pad elevations that are within the elevation changes identified by BCLT. Finally, BCLT's letter also fails to note that the volume of grading has been reduced by 45,000 cubic yards from the plan originally approved by the City, which results in a reduction in impacts and therefore would not trigger a new EIR. COMMENT: Proposed Vegetated Flood Protection Feature(VFPF) would result in potential impacts. RESPONSE: BCLT takes issue with a critical flood protection feature that was originally conditioned by the City as a "seawall," acknowledged by the County, made a condition of FEMA's Conditional Letter of Map Revision, and thoroughly vetted through the Coastal Commission review process and specifically addressed in the Commission's April 24, 2008 Revised Findings, including: 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; BCLT also fails to disclose to Council that in the plan that was the basis of the 2002 EIR, homes were proposed to cover most of the footprint of the VFPF. Replacement of homes, streets, infrastructure and replacement with a vegetated berm represents a reduced environmental impact, and is not a trigger for a new EIR. 4 E®AW AECOM EDAW Inc 2737 Campus Drive, Irvine,CA 92612 T 949.660.8044 F 949.660.1046 www.edaw.com COMMENT: Construction of the proposed VFPF would result in potentially significant impacts on biological resources. RESPONSE: Construction activity in this and all other areas on the project are conditioned by the Coastal Commission to protect resources, through bans on grading during the bird breeding season, dust control and other requirements. BUT states that it is concerned about VFPF construction impacts on wetlands; however, under the Coastal Commission's findings, those wetland areas are to be graded as part of a restoration process. COMMENT: Construction of the proposed VFPF would result in potentially significant impacts on water quality. RESPONSE: The Coastal Commission reviewed the proposed VFPF and concluded that it was an approved use in a wetland buffer, and could be constructed without adverse effect on the water quality in adjacent wetlands. It is expected that the Coastal Development Permit will require BMPs to minimize potential impacts to water quality. Additionally, two mitigation measures were included in certified EIR 97-2 and in the AEIR (page 3-33) to reduce potential water quality project impact to less than significant level. COMMENT: The proposed VFPF would alter flood flows. RESPONSE: As for BCLT's concern that the VFPF could alter flood flows, the large pond cited from 2004/2005 did not, in fact, drain through the southwesterly portion of the site (called the "County Parcel," or "CP") because an existing dirt roadway at 3.7 feet elevation (NGVD 29) would have blocked the flow. Rather, it dissipated through percolation and evaporation. The area that experienced flooding in 2004/2005 will, under the new Parkside plan, be within a new 4.0-acre wetland Parkside is conditioned to construct, so the flooding would be localized, beneficial and not detrimental. COMMENT.• The proposed VFPF would result in potentially significant impacts to groundwater. RESPONSE: BCLT's stated concerns about the VFPF and groundwater are technically incorrect. The only sustained decreases in groundwater that have been recorded are immediately adjacent to the emergency sheet pile levee installed along the Wintersburg Channel by the County in 2008, and of these, only the CP area is considered to 5 E®AW AEC®M EDAW Inc 2737 Campus Drive, Irvine,CA 92612 T 949.660.8044 F 949.660.1046 www.edaw.com be an area of concern. The Coastal Commission has already addressed this concern by conditioning the County's emergency sheet pile installation. Parkside Estates is conditioned to restore the CP, and has already discussed with Coastal Commission staff how additional water could be provided by the NTS. Also, with the installation of the VFPF, the County could remove its emergency sheet pile west of the VFPF, eliminating the condition. COMMENT. Construction of the proposed VFPF would result in potentially significant impacts due to noise and vibration. RESPONSE: Construction restrictions imposed by the City in 2002 and the Coastal Commission in 2008 also protect homes from noise and the remote possibility of vibration impacts. The project's construction noise impacts are described at pages 5-107 through 5-108 of the EIR, and mitigation measures for those impacts are discussed at pages 5- 112 through 5-113 of the EIR. These mitigation measures are also required for the revised project and are included in the Mitigation Monitoring Program, Appendix B of the AEIR. COMMENT. Wetlands and ESHA to be preserved on the site would be subject to potentially significant impacts due to other project features. RESPONSE: Most of the "newly recognized resources" BCLT identifies are now a farm field and will not become resources until Parkside Estates creates the resources there as part of the development process BCLT is challenging. The other "newly recognized resources" are eucalyptus trees that have never been impacted by any Parkside Estates plan, and merely have been designated as ESHA. Further, both the creation of these resources and the adjacent development have been conditioned with protective mitigation measures incorporated in the Coastal Commission's findings contained in Appendix A of the AEIR. COMMENT. CHANGES IN CIRCUMSTANCES Since the time that EIR 97-2 was certified in 2002 numerous changes have occurred in the circumstances under which the project will be undertaken. Each of these would be significant and substantial enough to warrant preparation of a subsequent EIR. RESPONSE: Both Certified EIR 97-2 and the 2009 AEIR provide descriptions of the physical environmental conditions consistent with Section 15125(a) of the Guidelines. Please refer to Section 5.0 of the Certified EIR and Section 1.5 and 3.0 of the AEIR. Appendix A of the AEIR, referred to throughout Section 2.0 and 3.0 of the AEIR, 6 E®AW AECOM EDAW Inc 2737 Campus Drive, Irvine,CA 92612 T 949.660.8044 F 949.660.1046 www.edaw.com includes the CCC-adopted findings which provide information regarding the physical environmental conditions in the Project's vicinity. COMMENT. Cumulative Development Since the project list was compiled in 1997, substantial new development has been approved and/or built. The additional growth not contemplated in EIR No. 97-2 will cumulatively result in impacts related to increased traffic, air emissions, noise, energy use, public services, utilities, land use, and other factors and must be addressed in a supplemental EIR. RESPONSE: CEQA calls for a review of the project's contribution to cumulative impacts, which was done in the project EIR and which has subsequently been reduced because of the one-third reduction in unit count. CEQA does not call for a review of cumulative impacts on a revised but previously approved project, unless that project has changed in ways that would increase its contribution to cumulative impacts. Because Parkside Estates is smaller, this is not the case. The project's certified EIR 97-2 considered all relative or applicable projects in Huntington Beach's development cue and, by using SCAG data, reasonably foreseeable new projects through 2020. BCLT, by merely creating a list of projects in the area, ignores the projects that were already studied, and ignores how those projects studied Parkside Estate in their discussion of cumulative impacts. For the proposed project quantification of transportation and circulation and noise cumulative effect were analyzed through the use of: 2020 traffic volume projections obtained from the Bolsa Chica Traffic Impact Analysis (Please refer to page 5-76 of the EIR). These traffic volumes were approved for use by the City of Huntington Beach. Cumulative impacts are discussed as appropriate in various individual EIR chapters and in the relevant Technical Appendices (e.g., traffic, drainage and flood control, cultural resources, etc.). Since the City's 2002 Final EIR certification and application approvals, subsequent City project EIRs have included the Parkside Estates Project within their cumulative analysis. COMMENT: Increases in cumulative development anticipated for the area will lead to increases in cumulative pollutant emissions. RESPONSE: The 2002 Certified EIR concluded the following with respect to cumulative air quality impacts, "the proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will result in short- term construction and cumulative long-term impacts to air quality. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. The project's incremental short-term impact will be reduced by Mitigation Measures 1 through 6. Mitigation Measures 7 and 8 will reduce the proposed project's incremental contribution to the long-term impact by reducing the proposed project's mobile 7 E®AW AECOM EDAW Inc 2737 Campus Drive, Irvine,CA 92612 T 949.660.8044 F 949.660.1046 www.edaw.com and stationary source emissions. The project's incremental impact, after mitigation, is reduced to a level less than significant." As stated on page 3-15 of the AEIR, "subsequent to the certification of the Final EIR, the Air Basin attained compliance with all CO standards and the Basin has been re-designated as "attainment" for this pollutant. The AEIR also concludes that all Mitigation Measures 1 through 8 for air quality would still be applicable to the revised project even with its reduced number of units, grading and fill import. The currently proposed project will generate fewer incremental impacts by virtue of a smaller size than previously analyzed. Build-out will also likely occur farther into the future than previously analyzed. The vehicle fleet will therefore be "cleaner" than for the previously approved project. The proposed project will not substantially increase cumulative air emissions that would qualify as a cumulatively significant impact under CEQA. COMMENT: Congestion on local roadways is increasing and will continue to increase, leading to increased air pollution hot spots. RESPONSE: The Certified EIR and AEIR adequately address the Project's overall air emission impacts and provide a total of eight Mitigation Measures to reduce these impacts to acceptable levels. A "hot spot" is a localized violation of clean air standards usually applied to carbon monoxide (CO) near congested intersections or freeways. Since adoption of EIR No. 97-2, the South Coast Air Basin has been re- designated as attainment for CO. The SCAQMD has demonstrated that there will be no CO hot spots at even the most congested and heavily traveled intersection in the Basin (Wilshire/Veteran). Any intersections in Huntington Beach with fewer cars and less congestion will be much cleaner than the worst intersection in the Basin. No hot spots will be created by project implementation. COMMENT: A revised Air Quality Management Plan has been adopted for the District. RESPONSE: Several updates to the Air Quality Management Plan (AQMP) have occurred since Environmental Impact Report (EIR) No. 97-2 was prepared. An AQMP describes air pollution control strategies to be taken by a city/county or region classified as a nonattainment area. The main purpose of an AQMP is to bring the area into compliance with the requirements of federal and State air quality standards. The California Environmental Quality Act (CEQA) requires that certain proposed projects be analyzed for consistency with the AQMP. For a project to be consistent with the 2007 AQMP, the pollutants emitted from the project should not exceed the South Coast Air Quality Management District (SCAQMD) daily threshold or cause a significant impact on air quality. However, if feasible mitigation measures are implemented and shown to reduce the impact level from significant to less than significant, the project is deemed consistent with the AQMP. Implementation of air quality mitigation measures (Appendix B of the Addendum), would reduce the construction and operational impacts to below a level of 8 E®AW AEC®( EDAW Inc 2737 Campus Drive, Irvine,CA 92612 T 949.660.8044 F 949.660.1046 www.edaw.com significance. Therefore, implementation of the project will not conflict with the 2007 AQMP, no new significant impacts will result, and preparation of a subsequent EIR is not warranted. COMMENT.- Orange County has been designated a non-attainment area for fine particulate matter. RESPONSE: The proposed project will entail import of considerably less fill, and produce considerably fewer homes than previously analyzed. Air quality impacts from construction would thus be considerably reduced. The AEIR does acknowledge the information regarding PM2.5. Table 3-2 of the AEIR shows the original project at 7.1 Ibs/day and proposed project at 4.7 Ibs/day which are far from exceeding the threshold of 55 Ibs/day for this pollutant. To confirm the absence of a significant impact from construction activities, the Air Resources Board URBEMIS2007 computer model was used to calculate emissions associated with six months of grading and fill import with the following results (pounds/day): Grade& Haul ROG NOx CO S02 PM10 PM2.5 CO2 Mitigated 6.3 60.7 29.1 0.0 7.1 2.5 6,831 CEQA Threshold 75 100 550 150 150 55 n/a Emissions will be below the SCAQMD CEQA Air Quality Handbook (1993, as updated) significance thresholds. Therefore neither the original project nor the revised project (which would require reduced grading and construction activity) would exceed the PM2.5 construction threshold. Therefore, implementation of the project will not result in any new significant impacts, and preparation of a subsequent Environmental Impact Report (EIR) is not warranted. The comment notes an inconsistency between the emissions table in No. 97-2 and Table 3-2. The data in Table 3-2 for the approved land use was updated to reflect a change in the potential build-out year from what had been assumed previously in No. 97-2. Additionally, the emissions presented in Table 3-2 reflect the updated emissions calculations using the current URBEMIS 2007 air quality model. URBEMIS 2007 reflects current emissions rate assumptions that reflect improved engine and emissions control technology. 9 EDAW AECOM EDAW Inc 2737 Campus Drive, Irvine,CA 92612 T 949.660.8044 F 949.660.1046 www.edaw.com COMMENT: New regulations require that environmental documents address greenhouse gases. RESPONSE: Please refer to pages 3-16 to 3-19 of the AEIR for a complete GHG analysis consistent with the currently adopted regulations/guidelines. As stated in Section 1.5 and 2.6 of the AEIR, the Project commitments are part of the revised application submittal and are included as project design features that will be implemented. The SCAQMD has not developed any thresholds for GHG emissions for general development projects. The only thresholds adopted so far are for industrial developments. The comment is further in error in the statement of a "90 percent" GHG capture objective. The SCAQMD proposes to establish potential significance thresholds that would subject all projects whose cumulative contribution to the GHG burden represents 90 percent of the regional GHG burden. The SCAQMD has not yet established a numerical value for that threshold, and has not yet developed screening tables that would identify those projects that comprise the remaining 10 percent de minimis contributors. COMMENT: New methodology has been developed for the analysis of localized air emissions. RESPONSE: Voluntary preparation of an LST analysis was recommended by the SCAQMD in 2005 as part of its Environmental Justice program. For residential development, an LST analysis applies only to construction activities. The SCAQMD has developed look-up tables for various project sizes that could cause PM10 or PM2.5 standards to be measurably worsened. For a 5-acre disturbance area and a 50 meter source-receiver separation, 44 pounds per day of PM10 or 11 pounds per day of PM2.5 would exceed the LST threshold. For larger disturbance areas such as Parkside, the LST threshold emissions would be higher. As seen in the response above, mitigated grading activities will generate 7.1 pounds of PM10 and 2.5 pounds of PM2.5. The revised project represents a downsizing from previous approvals in terms of construction earthworks and number of units and associated emissions. Therefore, no further LST analysis is necessary. COMMENT: New requirements for storm drain discharges have been adopted. RESPONSE: The project includes the water quality treatment train and NTS that were reviewed and approved by Coastal Commission through its EIR-equivalent review process. The City, as permittee under the Santa Ana Regional Water Quality Control Board's MS4 permit, will approve Parkside Estates' Water Quality Management Plan under the current regulations of the Regional Board. BCLT's citations of various new regulations are moot, as there are no provisions under law to hold a project to standards 10 EDAW AECOM EDAW Inc 2737 Campus Drive, Irvine,CA 92612 T 949.660.8044 F 949.660.1046 www.edaw.com which have not yet been finalized, as BUT suggests. Further, the Coastal Commission considered these matters in its Suggested Modifications and stated: ... the City shall continue implementation of the Municipal National Pollution Discharge Elimination System (NDPES) [sic] 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. (California Coastal Commission, Revised Findings for Major Amendment Request No. 1-06, April 24, 2008, pg. 16) COMMENT. Huntington Harbour has been listed as impaired due to additional pollutants. RESPONSE: BCLT, in raising questions about Huntington Harbour water quality, fails to inform the Council that the project's Natural Treatment System will improve water quality in these two areas by treating up to 25 percent of the dry weather flow of the 3,000-acre Slater watershed, which currently reaches the Harbour and ocean without treatment. The project will contribute to water quality improvements in Huntington Harbour. COMMENT. Bolsa Chica State Beach has been determined to be an impaired water body. RESPONSE: There is no hydraulic connection between the project and Bolsa Chica State Beach; therefore, the project will not contribute to impairment of the State Beach. COMMENT. Bolsa Chica Channel and East Garden Grove/Wintersburg Channel are proposed for 303(d)listing. RESPONSE: BCLT, in raising questions about water quality in the Bolsa Chica Channel and the East Garden Grove/Wintersburg Channel, fails to inform the Council that the project's Natural Treatment System will improve water quality in these two areas by treating up to 25 percent of the dry weather flow of the 3,000-acre Slater watershed, which currently reaches the Harbour and ocean without treatment. The project will contribute to water quality improvements in Huntington Harbour. COMMENT. Technology geared toward mitigation of water pollution has progressed. 11 E®AW AEC®[ EDAW Inc 2737 Campus Drive, Irvine,CA 92612 T 949.660.8044 F 949.660.1046 www.edaw.com RESPONSE: The project will be required by the Santa Ana Regional Water Quality Control Board's MP3 Permit to implement the best available technology. COMMENT: Disposal of potentially saline water pumped during dewatering and potential effect. RESPONSE: BUT implies that flooding of the Muted Tidal Pocket under the Bolsa Chica Restoration has created unmitigated offsite adverse impacts such as increased salinity of groundwater that could impact Parkside's dewatering program. Soil scientists can predict groundwater migration rates through various formulae, and these computations show any Muted Tidal Pocket water could not possibly reach the area to be dewatered in the timeframe considered by BCLT. Further, Pacific Soils' "Summary of required grading operations and construction monitoring requirements, Parkside Estates, Tract 15377, City of Huntington Beach, California (Jan. 2004)," which is cited by the Coastal Commission, states that continuous water quality monitoring will occur during dewatering, and that the Regional Board's NPDES permit requirements for discharge will be met. COMMENT: Transportation Growth has continued in the area, and anticipated growth has also increased, resulting in increased cumulative impacts on traffic. RESPONSE: To address the potential of increased traffic in the area, Darnell & Associates reviewed the City of Huntington Beach Existing (2005/2006) ADT Volumes and compared it to the volumes presented in their Traffic Studies incorporated into the certified Final EIR 97-2. The results found that growth has not been significant since 1996 on Warner Avenue and Graham Street. Warner Avenue 1996 2005/2006 Bolsa Chica to Graham 30,000 29,000 Graham to Springdale 30,000 31,000 Graham Street 1996 2005/2006 Warner to Stater 7,200 8,000 Therefore, it can be concluded that the short-term cumulative Traffic Analysis adequately addressed cumulative impacts. 12 EDAW AECOM EDAW Inc 2737 Campus Drive, Irvine,CA 92612 T 949.660.8044 F 949.660.1046 www.edaw.com COMMENT.- Traffic on local roadways has increased significantly, causing any increase in traffic to have a greater impact on congestion. RESPONSE: A review of the data provided is related to traffic conditions on Pacific Coast Highway, which is a regional facility and not within the study area requirements. The original project and the reduced project represent less than 100 and 65 daily vehicles respectively that would be added to Pacific Coast Highway and is therefore considered insignificant. COMMENT. The Orange County Transportation Authority has updated traffic modeling for the area. RESPONSE: The City of Huntington Beach is in the process of updating the City's Circulation Element. The draft update of the Circulation Element is being prepared by Austin-Foust Associates, Inc. and has utilized the latest OCTAM Model as the basis of the Traffic Forecasts for the area. Based on the analysis presented in the draft report, Year 2030 Forecasts for the project area have decreased. Therefore, it can be concluded that the Year 2020 Forecasts presented in the Darnell & Associates reports incorporated into the certified Final EIR 97-2, exceed City updates and present a worst case analysis. The future forecasts for Warner Avenue and graham Street are as follows: Warner Avenue 2020 2030 Change W/O Bolsa Chica 37,800 27,000 (-) 10,800 W/O Bolsa Chica to Graham 39,800 34,000 (-) 5,800 W/O Graham to Springdale 36,100 36,000 (-) 100 Graham Street Warner Avenue to Stater 10,700 9,000 (-) 1,700 Review of the above information allows the conclusion that the previous cumulative and Year 2020 Traffic Volumes exceed the current 2030 Forecasts. It should be noted that the Parkside Estates Project is a cumulative project in the City's Update of the General Plan Circulation Element. Details of the study are available at the City of Huntington Beach. 13 EDAW AECOM EDAW Inc 2737 Campus Drive,Irvine,CA 92612 T 949.660.8044 F 949.660.1046 www.edaw.com COMMENT. Additional wetlands are present on the property. RESPONSE: The Coastal Commission considered the matter of the presence of a WP wetland at length and determined by an 8-3 vote that no wetlands exist at the WP site. The Coastal Commission stated in its April 24, 2008 Revised Findings: The Commission found that the area referred to as the Wintersburg Pond (WP)was not wet enough long enough or frequently enough to develop a preponderance of wetland vegetation or wetland soil ... COMMENT. Wandering Skippers(Panoquina errans)are present on the property. RESPONSE: The wandering skipper butterfly is known to occur in the Bolsa Chica area wherever substantial amounts of saltgrass occur. The butterfly is closely associated with saltgrass because the larvae feed on no other plant species. Development of Parkside Estates will not result in even the temporary loss of saltgrass, and the wetland areas that will be graded and restored by Parkside will greatly expand potential wandering skipper habitat. COMMENT. Fairy Shrimp(Branchinecta sp.)are present on the property. RESPONSE: Even BCLT makes no allegation that endangered fairy shrimp have been found on the Parkside site, which is understandable, since soil salinities in the Bolsa Chica area are far too high to support the endangered San Diego fairy shrimp. Further, Parkside's biologists have determined that the versatile fairy shrimp, which is common and not listed by either the state or the federal resource agencies, is the only species of fairy shrimp ever to be found in the Bolsa Chica area. Existing fairy shrimp habitat will not be affected by construction, and new habitat will be created through the wetland restoration program incorporated into the Parkside plan. COMMENT.- Southern Tarplant(Centromadia parryi ssp. australis)is present on the property. RESPONSE: In a memo dated December 19, 2006, Coastal Commission ecologist Dr. John Dixon stated: 14 E®AW AEC® EDAW Inc 2737 Campus Drive, Irvine,CA 92612 T 949.660.8044 F 949.660.1046 www.edaw.com A focused survey of the Parkside site in fall, 2006 documented the presence of 42 individual southern tarplant distributed in 6 locations. The densest area contained 23 plants. 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. The proposed flood protection berm would cover an area that supported 5 plants in 2006 and the natural water treatment berms and ponds would cover an area that supported 15 plants in 2006. Appropriate mitigation for this loss of coastal resources would be the planting of tarplant along the edge of wetland "AP". COMMENT. Raptor usage of the property is more extensive than previously documented. RESPONSE: The Coastal Commission fully addressed raptor foraging and use of ESHA, and the Commission required the protection of the ESHA with substantial buffer areas. COMMENT. Wintersburg Channel north levee reconstruction impacts on groundwater. RESPONSE: BCLT states that future levee work conducted by Parkside Estates could further reduce groundwater levels. While that may be the case, there is no sensitive habitat in the area where Parkside Estates will be constructing levee improvements on the north levee. When the project is approved and entitlements are in-place, final design of the levee improvements will be undertaken and will necessarily include consideration of all aspects of the groundwater system. COMMENT. Groundwater impacts on the CP(County Parcel) wetlands. RESPONSE: When Parkside Estate's levee reconstruction and VFPF construction activities are completed, the County will be free to modify or remove its sheet pile adjacent to the CP to address groundwater impacts on the CP. Further, BCLT's stated concern about impacts to the CP Area can be mitigated by the same methods approved for Bolsa Chica restoration. The Bolsa Chica restoration EIR/EIS modeled impacts to regional groundwater and reported groundwater elevation changes substantially in excess of those reported by Orange County's or Parkside's groundwater monitoring programs. 15 E®AW AEC®M EDAW Inc 2737 Campus Drive, Irvine,CA 92612 T 949.660.8044 F 949.660.1046 www.edaw.com COMMENT. Groundwater impacts on declared ESHA. RESPONSE: When Parkside Estate's levee reconstruction and VFPF construction activities are completed, the County will be free to modify or remove its sheet pile adjacent to the CP to address groundwater impacts of the County's emergency sheet pile project on declared ESHA. COMMENT. Groundwater impacts to existing homes. RESPONSE: BUT claims that reduced perched groundwater elevations would impact existing homes, but this is technically incorrect. Monitoring well data show there is no evidence that emergency levee construction has lowered water levels in the vicinity of existing homes. Further, lowering of perched groundwater for dewatering will not cause settlement. Additional settlement can only occur if groundwater declines to levels below the lowest previous level. Parkside's dewatering program will not draw down groundwater below the previous regional low level. The Bolsa Chica restoration EIR/EIS modeled impacts to regional groundwater, and impacts of regional groundwater changes to existing homes both adjacent to the restoration area and offsite at Parkside and Kenilworth. The Bolsa Chica EIR/EIS reported groundwater elevation changes substantially in excess of those reported by Orange County and Parkside groundwater monitoring programs. Furthermore, the Coastal Commission approved mitigation measures for the Bolsa Chica groundwater barrier that allowed for interception of groundwater and mitigation for changes in groundwater elevation. Additionally, BUT is incorrect that groundwater changes, significant or not, are new information. Bolsa Chica EIR/EIS approved and adopted in 2000 has been incorporated by reference in all subsequent environmental documents. 16 Page I of 4 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Friday, May 29, 2009 9:08 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 1044 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Don& Patricia Keppler Description: From: Pat Keppler [mailto:TrishaKep@Verizon.net] Sent: Friday, May 29, 2009 12:36 AM To: CITY COUNCIL Subject: Re:Shea Parkside project and Entitlement Plan Amendment 08-08, June 1,2009 City Council - Huntington Beach; Sirs, WHY IS SHEA ENTITLED TO SO MUCH AT OTHERS EXPENSE? We have serious concerns about the proposed amendments to the Shea Parkside project on Graham St. We live immediately adjacent to the property in question,on Kenilworth Dr. We have attended all of the previous meetings held concerning this project both H.B. City and Coastal commission. It is with great consternation that Shea is again trying to change the plan, reducing the parkland from 8 acres down to 2 acres. There are still serious issues never resolved to anyones satisfaction except Shea's and perhaps the city Councils. 1.Dewatering the property will have an effect on the adjoining properties--- draining water from the field will not stop at the property line--we already have some subsidence. Shea says they will have someone on site to watch--- Subsidence could be effected for some time to come ,not necessarily at the moment dewatering is being done. We have owned our property for 36 years,we are aware of how much subsidence occurs and how long it may take to occur. We don't wish to 61iw2 5/29/2009 Page 2 of 4 be told by the city and Shea that any damage that occurs to our property was pre-existing and therefor not their responsibility. The water table has always been high in the Shea and surrounding property. Dewatering the field would definitely expedite subsidence conditions and cause unknown damage to our properties and homes that has not been seen in all the years we have lived here. 2. Inquiries as to who would be responsible for damage to our properties was always met with the response from Shea and Huntington Beach City Council members that it would not be their problem or responsibility. 3. This knowledge makes it evident that City Council and the City has little consideration or no interest in long time tax paying residents and representing and protecting their best interests. a. Shea has ignored their own Advisory Committee recommendations about the suitability of building on this site.l heard their recommendations myself 4. None of the great improvements Shea contends they are providing for the community will benefit those of us living next door. a. Only one exit/entrance off Graham for the development will impact our neighborhood as I believe the new owners in Parkside will press to have access to our streets due to the problem of exiting their development onto Graham during peak commute hours. We already have cars cutting through our streets as supposed short cuts ( this information was not part of survey of traffic conditions in our neighborhood). We have many small children in our neighborhood and many of us are concerned for their safety as well as for residents who live on the streets in our development. Those motorists using our streets as short cuts etc. do so many times at unsafe speeds. b. What was once a small quite neighborhood is becoming and will be a heavily travelled traffic route,due to the Parkside development. 5/29/2009 Page 3 of 4 c. We have requested over and over that a secondary exit/entrance to Bolsa Chica-(a major roadway) using the old road that was used by Smoky's stables. Again this was vetoed by Shea and Council (planning commission) . Can't do that they say d. A traffic signal for the exit street of Parkside is nice for them but it will be very close to Kenilworth Dr. and will impact residents leaving our track as heavy through traffic on Graham during peak commute times will make it difficult for us to enter Graham particularily to the . the North- advantage will be to traffic leaving Parkside with the signal to the North. It is difficult now at those peak hours. 5. Our flood control problems are not eliminated by Shea's planned improvements for Huntington Beach. We live next door to Parkside but we reap none of the supposed benefits of their development, only homeowners who live some distance from us. Nice for them but they don't suffer the impact of a community being built higher than surrounding developments and traffic patterns that are nice for the new Parlside Estates but oppressive and congestive for existing residents. 6. Supposed two years of dirt , dust, heavy digging, filling. compacting shaping of the landscape all done by large trucks in a convoy all day long. a. The time element to make this plot of land viable for construction will be a heavy burden for the surrounding neighborhoods. b. The earth shakes when heavy equipment is used in the field i.e. farming plows and agriculture equipment used to prepare field for planting but it doesn't go on for years. 7. Many people have spoken of pre-existing problems concerning this piece of property. Many respected experts in their fields have offered their expertise and knowledge but it has all been dismissed and ONLY SHEA'S TESTIMONY HAS BEEN GIVEN CREDENCE. ISN,T IT ABOUT TIME SOMEONE HEARS THE EXISTING COMMUNITY AND LISTENS? THEN GIVE US ACTION AND SUPPORT. Don and Patricia Keppler ,, 5442 Kenilworth Dr. H.B. 92649 5/29/2009 Page 4 of 4 Expected Close Date: 06/01/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/29/2009 Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Thursday, May 28, 2009 3:44 PM To: City Clerk Agenda Subject: FW:Approve Parkside Estates Revised Maps FYI: Late communication Rami Talleh Senior Planner (714) 374-1682 City of Huntington Beach Planning Department 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 From: sherigust@att.net [mailto:sherigust@att.net] Sent: Thursday, May 28, 2009 3:23 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Sheri Gust Huntington Beach, CA 92649 sherigust@att.net CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 5/28/2009 ... � /vJ/'�t'�• i/ Cj�77C)�� Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Thursday, May 28, 2009 3:45 PM To: City Clerk Agenda Subject: FW: Approve Parkside Estates Revised Maps FYI: Late communication Rami Talleh Senior Planner (714) 374-1682 City of Huntington Beach Planning Department 2000 Main Street P.O, Box 190 Huntington Beach, CA 92648 From: rsaitman@socal.rr.com [mailto:rsaitman@socal.rr.com] Sent: Thursday, May 28, 2009 3:43 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes'Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Robert Saitman Huntington Beach, Ca 92647 rsaitman@socal.rr.com CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner / i� 5/28/2009 Page l of 1 Esparza, Patty From: Talleh, Rami Sent: Friday, May 29,2009 12:53 PM To: City Clerk Agenda Subject: FW: Approve Parkside Estates Revised Maps FYI: Late communication Rami Talleh Senior Planner (714)374-1682 City of Huntington Beach Planning Department 2000 Main Street P.Q. Box 190 Huntington Beach,CA 92648 From: wesstoner@yahoo.com [mailto:wesstoner@yahoo.com] Sent: Friday, May 29, 2009 11:13 AM To:Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning,please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Wes Stoner Huntington Beach, CA 92646 wesstoner@yahoo.com 714-968-8359 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 5/29/2009 Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Friday, May 29,2009 12:53 PM To: City Clerk Agenda Subject: FW:Approve Parkside Estates Revised Maps FYI: Late communication Rami Talleh Senior Planner (714) 374-1682 City of Huntington Beach Planning Department 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 From: I.anaya@rightins.com [mailto:l.anaya@rightins.com] Sent:Thursday, May 28, 2009 9:47 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Larry Anaya Huntington Beach , CA 92647 l.anaya@rightins.com 714 841 3056 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 5/29/2009 Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Friday, May 29,2009 12:54 PM To: City Clerk Agenda Subject: FW:Approve Parkside Estates Revised Maps FYI: Late communication Rami Talleh Senior Planner (714)374-1682 City of Huntington Beach Planning Department 2000 Main Street P.O. Box 190 Huntington Beach,CA 92648 From: lakefan21@verizon.net [mailto:lakefan2l@verizon.net] Sent:Thursday, May 28, 2009 9:46 PM To:Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Sheila Anaya Huntington Beach , CA 92647 lakefan2l @verizon.net 714 841 3056 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 5/29/2009 ��� Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Friday, May 29, 2009 2:41 PM To: City Clerk Agenda Subject: FW:Approve Parkside Estates Revised Maps FYI: Rami Talleh Senior Planner (714)374-1682 City of Huntington Beach Planning Department 2000 Main Street P.O. Box 190 Huntington Beach,CA 92648 From: dlahmani@socal.rr.com [mailto:dlahmani@socal.rr.com] Sent: Friday, May 29, 2009 2:39 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. david LAHMANI HUNTINGTON BEACH, CA 92647 dlahmani@socal.rr.com 714-841-9978 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess,Director of Planning Rami Talleh, Senior Planner 5/29/2009 Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Friday, May 29,2009 2:38 PM To: City Clerk Agenda Subject: FW:Approve Parkside Estates Revised Maps FYI: Rami Talleh Senior Planner (714)374-1682 City of Huntington Beach Planning Department 2000 Main Street P.O.Box 190 Huntington Beach,CA 92648 From: dharkink@msn.com [mailto:dharkink@msn.com] Sent: Friday, May 29, 2009 2:32 PM To:Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes,and therefore its impacts on traffic and schools,but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. DIANE HARKINK Huntington Beach, CA 92647 dharkink@msn.com 714-651-4171 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 5/29/2009 Page lofl Esparza^ Paxty From: TaUeh. Rami Sent: Friday, May 29. 20O02:18PM To: City Clerk Agenda Subject: FVV:Appmvo Parkaido Estates Revised Maps FYI: RamiTalle Senior Planner (714)374'1682 City of Huntington Beach Planning Department 2OOO Main Street P.O. Box 1QO Huntington Beach, CAS2848 From: donna@cga.net [mai|0o:donna4Voga.net] Sent: Friday, MayJ0, 2000 2:17 PM To:TaUeh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing iu support o[Shea Homes' Purkaide Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. puckuide'y new flood protection enhancements will |oud to unevv flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because yu/koidc Estates represents nnnud, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. DonnuWittehocn Huntington Beach, Cu92647 dounu@cgu.nct 714-841-5405 CC: Joe Curcbio, Council Member Gil Coeq»er, Council Member Dcvio Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director ofPlanning RumiTu||eb Senior ' ` 5/7Q/7009 5/31/2009 11:45 PM FROM: Fax TO: 1-714-374-1557 PAGE: 001 OF 002 JAN "". VAN DERSE®®T, M. D. Certified,American Board of Dermatology 2221 E 16t`Street Home Phone: (949)548-6326 Newport Beach, CA 92663 Office Phone: (714) 848-0770 Email: JonV3@aol.com Office Fax: (714) 848-6643 May 31,2009 Mayor Keith Bohr, and Huntington Beach City Council Members 2000 Main Street Huntington Beach,CA,92648 By Fax to City Clerk 714-374-1557 Re: June 1, 2009 City Council Meeting Agenda Items 1 and 2 Parkside Residential Project Continue hearing for more environmental documentation regarding dewatering and well data Dear Mayor Bohr and Huntington Beach City Council Members: Regarding the City Council meeting tomorrow, June 1, 2009, Agenda Items I and 2,the Parkside Residential Project,I strongly urge that you continue this hearing until environmental documentation is updated. Currently,well data on the site is being compiled regarding the groundwater levels on the property. This data is supposed to become available within the next few weeks. Your decision should be postponed until you know what the well data shows and whether there have been groundwater changes that could change how the project would be built and whether there are threats to nearby residential property similar to what happened to residents on Bushard Street when the Orange County Sanitation District recently installed a new sewer pipe that required dewatering. This Bushard project has allegedly caused structural damage to residences that has led to major litigation by some 65 homeowners in the area. The City of Huntington Beach is a defendant in this lawsuit. The Parkside Project also involves dewatering of the property that could lead to the same structural damage concerns to nearby residential property. There are at least two new projects that have occurred since the certification of the EIR in 2002 that warrant looking at the groundwater situation and effects of dewatering. In addition to more analysis of the well data and groundwater changes, there should be proposed mitigation measures and indemnification for property damage if the dewatering and construction cause property damage.Both the Bolsa Chica wetland restoration,including water moisture barriers that could change the groundwater levels at the Parkside site,and the Orange County Flood Control placement of sheet piles at the edge of the Wintersburg Flood Control Channel, are new projects since 2002 that have changed the groundwater environment at the Parkside site. The changes induced by these projects need further analysis prior to your decision. Moreover,the aforementioned projects may have led to threats to the viability of the wetlands that have been identified on the Parkside site and are required to be preserved. If water is no longer getting to the wetland sites because of projects that have been constructed since certification of the 2002 EIR,these are changed circumstances that require a Supplemental or 1 5/31/2009 11:45 PM FROM: Fax TO: 1-714-374-1557 PAGE: 002 OF 002 JAM D. VATNDERSL®®T9 M.D. Certified,American Board ofDermatology 2221 E 16'h Street Home Phone: (949)548-6326 Newport Beach, CA 92663 Office Phone: (714) 848-0770 Email: JonV3@aol.com Office Fax: (714) 848-6643 Subsequent EIR. Dewatering of the site may further damage the wetlands on the site that will require additional mitigation measures. It is perfectly reasonable and responsible to make sure you have all the data before you make your decision. Since this data is forthcoming in the near future,the correct decision is to continue the hearing until after the well data and the ramifications of the groundwater situation are known, analyzed, mitigated, and indemnified. This information is critical to an informed decision, as the citizenry is very apprehensive about this project. Thank you for your consideration. Sincerely, Jan D. Vandersloot,NM 8101 Newman Ave, Suite C Huntington Beach,CA,92647 (714) 848-0770 2221 E 16th Street Newport Beach, CA, 92663 9949) 548-6326 2 Page 1 of 1 Esparza, Patty From: mary.healey@verzion.net Sent: Saturday, May 30, 2009 12:16 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. john healey huntington beach, ca 92647 mary.healey@verzion.net 714 840 1284 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/1/2009 Page 1 of 1 Esparza, Patty From: tnowels@socal.rr.com Sent: Saturday, May 30, 2009 8:08 AM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Todd & Lisa Nowels HUNTINGTON BEACH, CA 92647-5665 tnowels@socal.rr.com 714-842-4021 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner , V� 6/l/2009 Page 1 of 1 Esparza, Patty From: tcstoddard@verizon.net Sent: Friday, May 29, 2009 10:14 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. thomas Stoddard Huntington Beach, CA 92647 tcstoddard@verizon.net CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner h /0 6/1/2009 Page 1 of 1 Esparza, Patty From: hcnmec@hotmail.com Sent: Friday, May 29, 2009 9:50 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Henry Cianciabella Huntington Beach, CA 92649 hcnmec@hotmail.com CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/1/2009 Page 1 of 1 Esparza, Patty From: ogilvies@juno.com Sent: Friday, May 29, 2009 7:31 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps DearA Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. EugenieA Ogilvie Huntington Beach,A CAA 92647 ogilvies@juno.com 714 375-1472 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6n/2009 Page 1 of 1 Esparza, Patty From: ogilvies@juno.com Sent: Friday, May 29, 2009 7:30 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps DearA Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. StuartA Ogilvie Huntington Beach,A CAA 92647 ogilvies@juno.com 714 375-1472 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/1/2009 Page 1 of 1 Esparza, Patty From: swballoons@verizon.net Sent: Friday, May 29, 2009 7:28 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Cheri Hoffman Huntington Beach, CA 92647 swballoons@verizon.net 7148426088 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner C 6/l/2009 Page 1 of 1 Esparza, Patty From: vkoble@verizon.net Sent: Friday, May 29, 2009 5:06 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Vanessa Koble Huntington Beach, CA 92647 vkoble@verizon.net CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/l/2009 Page 1 of 1 Esparza, Patty From: zeewebl@gmail.com Sent: Friday, May 29, 2009 4:58 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Dirk Maes Huntington Beach, CA 92648 zeeweb 1 @gmail.com CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/1/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Sunday, May 31, 2009 3:25 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 1055 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Colleen Ponchak Description: My husband, five children, and I live on Kenilworth Drive adjacent to the Shea property. We urge you to vote "No" on Entitlement Plan Amendment 08-08. We are very concerned about the following: - Who will bear responsibility for any damage to our home caused by dewatering and subsidence? (especially given the Bushard project experience) - Potential increase in traffic on Kenilworth, a long straightaway that already lends itself to high speeds. - Reduction in park size in Shea's amended plan. -Negative impact on the sensitive wetlands area. Sincerely, Colleen Ponchak Expected Close Date: 06/01/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. V 6/1/2009 Page 1 of 1 Esparza, Patty From: andsaar@msn.com Sent: Sunday, May 31, 2009 9:54 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Sheila Saar Huntington Beach, Ca 92647 andsaar@msn.com 7148415306 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/1/2009 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.comj Sent: Monday, June 01, 2009 9:16 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 1060 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: James Dick Description: From: Jim Dick [mailto:mtlhabs@hotmail.com] Sent: Saturday, May 30, 2009 8:28 AM To: CITY COUNCIL Subject: Harbour View Park cell phone tower Dear City Council, Recently I was shocked to read in the local newspaper that you decided to disallow T-Mobile from going ahead with previously approved plans to build a cell phone tower in Harbour View Park, and that you would pay them $50,000 to cover their costs to date. What an unnececessary waste of taxpayers' money!!! Apparently you came to that decision after you had listened to presentations by some environmental activists about potential health hazards of cell phone towers. More recently, I read that you withdrew your $50,000 offer, as T-Mobile claims their costs to date are higher than $50,000. Now is the time for you to rethink your prior decision. It is my understanding that building the cell phone tower at Harbour View Park is within the U.S. government guidelines. You are not(and cannot expected to be) experts on the environmental effects of cell phone towers. You simply need to comply with the Federal guidelines. You should tell T-Mobile to go ahead and finish the job, and thereby avoid the waste of$50,000 (or possibly an even higher amount). The City of Huntington Beach has a sad history of mismanagement (conflict of interest on tourism book, illegal condo conversions, not vetting the soccer stadium contractor, not vetting the sewer contractor, etc., etc.) You have the opportunity now to make the right decision. As Nike says, "Just Do It" . James Dick Huntington Beach 6/1/2009 Page 1 of 1 Esparza, Pai#y From: rhondacorey@socal.rr.com Sent: Sunday, May 31, 2009 9:37 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. rhonda corey huntington beach, ca 92647 rhondacorey @socal.rr.com 714-847-1350 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/l/2009 Page 1 of 1 Esparza, Patty From: ccorey@socal.rr.com Sent: Sunday, May 31, 2009 9:36 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. clark corey huntington beach, ca 92647 ccorey@socal.rr.com 714-847-1350 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/l/2009 Page 1 of 1 Esparza, Patty From: Trey@socal.rr.com Sent: Sunday, May 31, 2009 8:02 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Larry Reynolds Huntington Beach, ca 92647 Trey@socal.rr.com 714 -841-6832 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/l/2009 Page 1 of 1 Esparza, Patty From: robinrbowen@verizon.net Sent: Sunday, May 31, 2009 5:28 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Robin Bowen Huntington Beach, CA 92647 robim bowen@verizon.net (714) 842-1519 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner LA- 6/l/2009 Page 1 of 1 Esparza, Patty From: grammakamp@verizon.net Sent: Sunday, May 31, 2009 4:57 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. John Kamp Huntington Beach, CA 92647 grammakamp@verizon.net CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/1/2009 Page 1 of I Esparza, Patty From: cmarilu33@aol.com Sent: Sunday, May 31, 2009 11:46 AM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Don and Mary Clemens huntington Beach, CA 92649 cmarilu33@aol.com CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/I/2009 Page 1 of 1 Esparza, Patty From: bb@socal.rr.com Sent: Saturday, May 30, 2009 7:54 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Bernard Bendow Huntington Beach, CA 92647 bb@socal.rr.com 714 847 7006 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/1/2009 Page 1 of 1 Esparza, Patty From: gbuley@aol.com Sent: Saturday, May 30, 2009 2:44 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. joe & Geri buley huntington beach, ca 92649 gbuley@aol.com 714-840-9764 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/l/2009 Page 1 of 1 Esparza, Patty From: t&j56@verizon.net Sent: Saturday, May 30, 2009 2:32 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Tim Storer Huntington Beach, CA 92647 t&j56@verizon.net 714/841-6193 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/1/2009 Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Monday, June 01, 2009 8:22 AM To: City Clerk Agenda Subject: FW: Approve Parkside Estates Revised Maps FYI: Rami Talleh Senior Planner (714)374-1682 City of Huntington Beach Planning Department 2000 Main Street P.O. Box 190 Huntington Beach,CA 92648 From: hbmikeb@yahoo.com [mailto:hbmikeb@yahoo.com] Sent: Monday,June 01, 2009 8:21 AM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits.Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Mike Betancourt Huntington Beach, ca 92647 hbmikeb@yahoo.com CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/1/2009 Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Monday, June 01, 2009 8:56 AM To: City Clerk Agenda Subject: FW:Approve Parkside Estates Revised Maps FYI: Rami Talleh Senior Planner (714)374-1682 City of Huntington Beach Planning Department 2000 Main Street P.O. Box 190 Huntington Beach,CA 92648 From: Matthew_Watson@verizon.net [mailto:Matthew_Watson@verizon.net] Sent: Monday,June 01, 2009 8:54 AM To:Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Matthew Watson Hunitington Beach, CA 92648 Matthew_Watson @verizon.net 714-943-0333 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess,Director of Planning Rami Talleh, Senior Planner VoL__ 6/1/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [no reply @user.govoutreach.com] Sent: Monday, June 01, 2009 9:48 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 1064 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Question Request area: City Council - Comment on Agenda Items Citizen name: Bixby Mark Description: Hi city council, While reviewing the Parkside rough grading plans (http://www.bixby.org/mark/apdrain/), I discovered what appears to be a drain located at the bottom of the southwestern end of the restored AP/EPA wetland at an elevation of-0.9ft. This drain connects to a 36" reinforced concrete pipe (RCP) which then runs easterly underneath "C" street to connect to the 120" RCP main storm drain at Lot N which empties into the Slater Pump Station forebay. If this drain were to prevent the wetland from overflowing into the development under extreme conditions, it would make more sense to locate it at an elevation ranging from the shoreline (approx O.Oft)to the top of the shoreline slope (approx 4.Oft). But instead the drain is located at the bottom of the wetland at - 0.9ft. So what is the purpose of this drain?Please ask city staff and/or Shea to elaborate during the public hearing. Thanks! Mark Bixby 17451 Hillgate Ln Huntington Beach, CA 92649-4707 714-625-0876 Expected Close Date: 06/02/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 6/l/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, June 01, 2009 9:22 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 1061 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Mike McMahan Description: Honorable Council Persons, I am opposed to the Shea Parkside project and Entitlement Plan Amendment 08-08. I believe the city is relying on outdated information to make critical decisions about present and future impacts on the neighborhoods surrounding this site. Shea Development should be required to submit a new EIR. Outdated information, resulting in councils approval of this project in October 2002, was inadequate. It certainly does not address conditions existing in 2009. Respectfully, Mike McMahan 4892 Maui Circle Huntington Beach 92649 714 846-8571A1exa McMahan [irishlady86@yahoo.com] Expected Close Date: 06/02/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 6/1/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, June 01, 2009 9:24 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 1062 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Michael Beatty Description: I live adjacent to the proposed Shea parkside project and have always been against it. I have lived in my home for over 30 years and have enjoyed the tranquility of the Westside of Huntington Beach and nearby wetlands. All of you know on the city council it really doesn't matter what input or reasoning the people have against this development that live near this project. You have already made up your minds to go forward with it, regardless of any additional input the public might have. Nothing is different here, like you have done with all the other projects you've approved in the city, whether the people have liked it or not. Please don't get me wrong, I'm no environmentalist but to approve a housing project that will severely impact this area with more population density and traffic is just purely irresponsible. Nothing ceases to amaze me anymore from what I've seen over the past years from this city council. Past mayors and council members who are crooks, a city attorney who gets a DUI and can't make it on her salary. I would bet that some council members will get kickbacks from this project and that's what it's all about, right? What a bunch of clowns we have on our city council. I'm surprised everyone of you can stand to look at yourself in the mirror in the morning. However, I may be wrong with that statement, since you're all consummate politicians......Michael Beatty michael beatty [MBEATTY001 @socal.rr.com] Expected Close Date: 06/02/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. � - 1;-7 6/1/2009 Page 1 of 1 Esparza, Patty From: nadia_miller@verizon.net Sent: Monday, June 01, 2009 10:11 AM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Nadia Miller Huntington Beach, CA 92646 nadia—miller@verizon.net CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner /,D 6/l/2009 Page 1 of 1 Esparza, Patty From: kmortonmaga@gmail.com Sent: Monday, June 01, 2009 10:10 AM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Kathryn Maga Huntington Beach, ca 92648 kmortom-naga@gmail.com CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner /0,9 - =O/ C-�)-�-? 1�-2 6/l/2009 Page I of I Esparza, Patty From: Talleh, Rami Sent: Monday, June 01, 2009 10:32 AM To: City Clerk Agenda Subject: FW: Approve Parkside Estates Revised Maps From: tj_tours@yahoo.com [mailto:tj_tours@yahoo.com] Sent: Monday, June 01, 2009 10:31 AM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Thomas Neff Huntington Beach, ca 92649 tj_tours@yahoo.com CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/1/2009 Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Monday, June 01, 2009 10:37 AM To: City Clerk Agenda Subject: FW: Approve Parkside Estates Revised Maps From: dkoliboski@msn.com [mailto:dkoliboski@msn.com] Sent: Monday, June 01, 2009 10:35 AM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Danielle Koliboski Huntington Beach, CA 92646 dkoliboski@msn.com CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/1/2009 Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Monday, June 01, 2009 10:37 AM To: City Clerk Agenda Subject: FW: Approve Parkside Estates Revised Maps From: Imerk@sterigenics.com [mailto:lmerk@sterigenics.com] Sent: Monday, June 01, 2009 10:25 AM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning,please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Lonna M Huntington Beach, Ca 92648 Imerk@ sterigenic s.com 714 969-4189 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner z-- V 6/l/2009 Page 1 of 1 Esparza, Pally From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, June 01, 2009 10:40 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 1066 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Carol MacGregor Description: ------------------------------------------------------------------------------ From: hubbacar@aol.com <hubbacar@aol.com> To: CITY COUNCIL Sent: Mon Jun 01 09:43:23 2009 Subject: Shea Parkside project Dear council members, I am OPPOSED to the Shea Parkside project. Huntington Beach has more than sufficient number of houses already. More houses will mean more traffic and congestion. There is very little agricultural land left in the city. Someday people will appreciate that Huntington Beach saved open land for others to see and use. Please vote AGAINST the Shea Parkside project and Entitlement Plan Amendment 08-08. Carol MacGregor 5442 Neargate Dr. Huntington Beach Expected Close Date: 06/02/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 6111019 � 6/1/2009 Page 1 of 1 Esparza, Patty From: robertwbriggs@gmail.com Sent: Monday, June 01, 2009 11:06 AM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Robert Briggs Fountain Valley, CA 92708 robertwbriggs@gmail.com CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/1/2009 Page 1 of 1 Esparza, Patty From: droselli@earthlink.net Sent: Monday, June 01, 2009 10:54 AM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Derick Roselli Huntington Beach, CA 92648 droselli@earthlink.net 714-375-3895 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/l/2009 Page 1 of 1 Esparza, Patty From: svlroselli@aol.com Sent: Monday, June 01, 2009 10:59 AM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Stacey Roselli Huntington Beach, CA 92648 svlroselli@aol.com 714-375-3895 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner i A v 6/1/2009 Page 1 of 1 Esparza, Patty From: melhahn@verizon.net Sent: Monday, June 01, 2009 10:56 AM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Melanie Hahn Huntington beach, CA 92648 melhahn@verizon.net CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner ;Z 6/1/2009 Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Monday, June 01, 2009 11:22 AM To: City Clerk Agenda Subject: FW: Approve Parkside Estates Revised Maps From: kevintaugher@yahoo.com [mailto:kevintaugher@yahoo.com] Sent: Monday, June 01, 2009 11:15 AM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Kevin Taugher Huntington Beach, CA 92649 kevintaugher@yahoo.com CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/1/2009 Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Monday, June 01, 2009 1:17 PM To: City Clerk Agenda Subject: FW: Approve Parkside Estates Revised Maps From: robinweissman@hotmail.com [mailto:robinweissman@hotmail.com] Sent: Monday, June 01, 2009 12:14 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Robin Weissman Huntington Beach, ca 92648 robinweissman@hotmail.com CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/1/2009 Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Monday, June 01, 2009 2:03 PM To: City Clerk Agenda Subject: FW: Approve Parkside Estates Revised Maps From: ptanghal@gmail.com [mailto:ptanghal@gmail.com] Sent: Monday, June 01, 2009 2:02 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. PHILIP TANGHAL Huntington Beach, ca 92647 ptanghal@gmail.com 714.656.7656 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner 6/l/2009 Page 1 of 1 Esparza, Patty From: Talleh, Rami Sent: Monday, June 01, 2009 2:26 PM To: City Clerk Agenda Subject: FW: Approve Parkside Estates Revised Maps From: khight001@socal.rr.com [mailto:khight001@socal.rr.com] Sent: Monday, June 01, 2009 2:25 PM To: Talleh, Rami Subject: Approve Parkside Estates Revised Maps Dear Mayor Bohr, I'm writing in support of Shea Homes' Parkside Estates. The project's new plan reduces the number of homes, and therefore its impacts on traffic and schools, but keeps all the benefits. Parkside's new flood protection enhancements will lead to a new flood map that will take thousands of homes out of the mandatory flood insurance zone, and the plan protects and enhances wetlands. Plus, Shea Homes will fund these regional benefits, at no cost to the city or taxpayers. Because Parkside Estates represents smart, environmentally sensitive planning, please approve the revised tentative tract map and other documentation when they come before you. Thank you for considering my thoughts. Karen Hight huntington beach, CA 92647 khight001 @socal.rr.com 714-345-7867 CC: Joe Carchio, Council Member Gil Coerper, Council Member Devin Dwyer, Council Member Cathy Green, Council Member Don Hansen, Council Member Jill Hardy, Council Member Scott Hess, Director of Planning Rami Talleh, Senior Planner (69 6/1/2009 SHEA HOMES PARKSIDE ESTATES Location of Parkside Estates a �.� A PitRMSfTSL�' ' �� d ecr• `� ?= ,v� ESTATESw a ,i,, fir,.. nN &��.., y,, �- �.i r'#• ice' ";Ev.a `t�'E W .th SHEA Homrs ��- PARKME Esum HUNTINOTON BEACH ' - Viciz�Ny#vtap_3 Changes to Plan, 2002 to 2008 44 r- 0 0 �c �$J� • lYlk'W o 0 0 .$ _.= �.PSI, 0 0 �, d.= x Changes to Plan, 2002 to 200 a g o o �i1 �cDJ�GQza o. o o ;00--imomm38.�7 2002/2009 Plan Comparison Plan as approved in 2002 Plan before you in 2009 ❑ 170 homes ❑ ➢➢➢ homes ❑ 11.8 acres of parks,open space ❑ 24.8 acres of pares, open space and trails(including 0.4 acres and trails(including 6¢acres wetland) wetlands) ❑ Levee repair/enhancement ❑ Levee repair/enhancement ❑ Tidal flood protection barrier ❑ Tidal flood protection barrier ❑ Enlarged storm drains ❑ Enlarged storm drains ❑ New Slater pumps ❑ New Slater pumps ❑ New lift station &force main ❑ New lift station &force main ❑ Bike/pedestrian trails,overlook ❑ Bike/pedestrian trails,overlook ❑ New traffic signal ❑ New traffic signal ❑ Graham Street restriping ❑ Graham Street restriping ❑ Mechanical water treatment ❑ Mechanical water treatment and Natural Treatment System Site Plan, 2009 0 r � .axe p +�r�- : f a, t,,} u `"�•� �i n t Ga r �'a't NI r Regional Infrastructure (2009) a Sewagel�R Stafian� Proposed Sewage - / Lift Statan and Wet Wei Primed Storm Drams Nabind •'Vegetated Trea6nent ,. �'c�°„«�;±4'a'r�':Y,;`;ss.,: Flood* Systemn •a+a "^cE-, -. x - 2 New Pumps' Background — FEMA Flood Map 0 ❑ Property had 1 -foot base flood elevation in 1996 ❑ In 2000, new FEMA flood map raised base flood elevation to 10.4 feet ❑ Required new flood study: 4,000 acres ❑ In 2002, FEMA approved our analysis and issued a Conditional Letter of Map Revision (CLOMR), setting base flood elevation at 4.7 feet New FEMA Flood Map 0 Upon completion of Parkside's regional infrastructure program: �' " • 7,000 homes and businesses removed from mandatory flood -` %=gat., _«:,,, ; -, `•+t? insurance premiums ;; '. I ���;�= ¢ • Approximately $7 million in annual ✓°`x;�',.i 1 t7{{ tt t:;� savings for residents t1r����S.: (yt etiIM f- LEGEND t1p�t' {Ry hrH Current FEMA IW-year t;� .�.7 _ `LR "�Flood Boondary Areain Which Flood �i�` ^f♦ ,'�,`�,S{, : 41111 Elevations W..Id Be Redured Area Removed From Flood Plain Tidal and Storm Surge Risk �F� h- ✓� fir- -�� ij., �,Y„ p �` Oil Field Road Vegetated Flood Elevation+5.7' Elevation-7 th. (7.2 lower an 5' protection Feature 4. ' oil field road) •cy�... _ ''X' Muted ,"C Tidal APPro-...ly "` j ,,,z.,ey`�+-,� Pocket 800 homes at risk "°'¢+=a of flooding Y Natural Treatment of Urban Runoff �o ❑ Natural Treatment ° System: ® Treats Parkside runoff ® Treats Cabo del Mar runoff ® Treats 25% of 3,000-acre Slater watershed dry " "-`¢'` weather flow ❑ Improved water quality in Outer Bolsa Bay and Huntington Harbour a� ❑ NTS provides additional wetland upland habitat Area Treated by NTS oa ry ra ,y ParkMda Estates Cabo del Mar Slaterbdatershed Open Space Comparison as ❑ 2002 Plan* ❑ 2009 Plan* • Wetlands: 0.4 acres zo Wetlands: 6 acres • Passive Park: 4.1 acres 0 North ESHA: A.1 acres a Passive Park: 0.6 acres o Active Park: A.1 acres ©Active Park: 1.0 acres 03 Public Trails: 0.0 acres ® Public Trails: 0.7 acres o Other O/S: 3.2 acres ❑o Other O/S: 12.4 acres ❑ Total acres: 11.8 ❑ Total acres: 24.8 Parkside's Park and Open Space Acreage More Than Doubles In New Plan Does not include 1.8 acre Paseo Park Landscape Open Space Ell yz - ci .. Pal Proposed Park Site I A- "p E tAf M-0, 7 Proposed Architecture Plan I �T- 2��""A 2nd FLOOR 1 st FLOOR ELEVATIONS PLAN 1 PLAN 1 PLAN 1 Proposed Architecture Plan 2 Q 'k kf g ENO- ""Z� �4 m 2nd FLOOR 1 st FLOOR ELEVATIONS PLAN 2 PLAN 2 PLAN 2 Proposed Architecture Plan 3 l � 2nd FLOOR 1 st FLOOR ELEVATIONS PLAN 3 PLAN 3 PLAN 3 Proposed Architecture Plan 4 I r I� L �1 I �t RRs .. nr�i fQU=MV, 2nd FLOOR 1 st FLOOR E ELEVATIONS PLAN 4 PLAN 4 PLAN 4 Reduction of Impacts The reduction from 170 to 1 1 1 units means: ❑ Traffic — One-third reduction in both average daily trips and peak a.m. and p.m. trips ❑ Grading area down by 45,000 cubic yards ❑ Even with reduced number of homes, all required flood protection, sewer and traffic improvements will be constructed with the Parkside Estates project Grading — BCLT's Lead Issue a . R J ' , ❑ BCLT: "Increased visual impacts of these lots effectively wall off Kenilworth residents" Traffic/Visibility on Graham ❑ Thoroughly discussed in 2002 and addressed through conditions of approval ❑ Parkside improves safety on Graham Street a Signal and crosswalk will improve protection of school children ® Restriping Graham, including bike lanes in both directions, will increase safety ® "Keep Clear" signage will make it safer to exit Kenilworth Recent Sheet Pile Installations Ww � l:gym. sk x . Monitoring Well Locations m �y n / y�. •4� YRe `ar � LE-z� an' Dewatering and Groundwater _W11 ❑ Dewatering thoroughly discussed in 2002 EIR and addressed through several conditions of approval o Dewatering expert must prepare dewatering and monitoring plan for Public Works approval o Geotechnical expert on-site daily to inspect, certify process ® Groundwater wells will be monitored regularly ❑ BCLT erroneously interprets groundwater data and draws false conclusions ❑ BCLT asserts we don't understand groundwater Validity of the Parkside EIR m ❑ Original EIR was an exhaustive, thorough review of all Parkside Estate impacts and mitigations ❑ Coastal Commission's 2007 review and 2008 findings are regarded by CEQA as EIR equivalent ❑ A 2009 EIR addendum prepared by City's EIR consultant tested whether a supplemental EIR is warranted o Conclusion: No supplemental or subsequent EIR is warranted Summary of Benefits ❑ FEMA-certified flood control channel levee ❑ New storm drain systems ❑ New storm water pump facilities ❑ VFPF tidal surge protection levee ❑ New flood insurance rate map ❑ 7,000 homes/businesses get reduced or eliminated mandatory flood insurance Summary of Benefits ❑ Natural treatment system for runoff ❑ New sewer lift station ❑ More than 24 acres of open space, parks and trails ® Includes 6+ acres of restored, maintained wetlands ❑ Class 1 bike trail and vista point ❑ New road striping in Graham Street ❑ New traffic signal at Parkside Estates entrance Entitlements m ❑ Entitlement Plan Amendment 08-08 ❑ Revised Tentative Tract Maps: a 15377 = 44.5 acres, approved for 162 lots in 2002, now 1 1 1 lots ® 15419 = 4.5 acres, approved for 8 lots in 2002, now no lots ❑ Amendments to CUP #96-90 ❑ Coastal Development Permit #96-18 (in concept) 30 Drain In Seasonal Wetland ❑ Coastal Commission r ecologist has reviewed x 7 the proposed plan we O ❑ The subject "drain" is a designed to fill with s T � v NITS water or drain for A , a vector control ❑ Seasonal wetland — ' wet only in winter Fixing Leaking Levees m ❑ Deteriorated levee posed flood risk and �- allowed water to migrate through it , . ❑ Sheet pile stopped this . � leaking, increasing public safetya 33 Yd ,�f ❑ "Mounding" of channel groundwater was highly localized ' Groundwater Monitoring Wells WIT RJR r Groundwater Monitoring Well Data w;vR(xJo.(o]uJl Groundwater Monitoring Well Data M" .1Jjxcnl m CM1aoncl(lballnr/ ox ...( 40 l..t ._ _. .......i ,_ zv 60 ..... -- -...—.... ...... 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F'rgun 4 DRAFT AP Delineation 2008-2009 1 �. ;t City Approved Land Ilse® 202 Plan as approved in 2002 ❑ 170 homes 't ❑ 12 acres of parks, openm . .� space and trails (including 0.4 acres RL wetland) : a g" ❑ Bike/pedestrian trails .r overlook ❑ New traffic signal ❑ Graham St. restriping City Approved Site Plan® 2002 2 �• Regional Infrastructure Improvements ❑ 2002 estimated costs: ....................... $8 million ❑ Current estimated costs a Pump Station: $2 million a Regional Storm Drains: $3 million a VFPF: $2 million a Channel/Levee: $8 million ❑Total Flood Protection .................. $15 million a Natural Treatment System: $400,000 a Sewer pump and main: $750,000 ❑Total 2009 Estimated Costs: ........... $16.1 million* *Subject to final design DRAFT 4 i Y 14, ggg i � w i I i i V 4 /` k 1y�Grjca LaR"r 4• 41 L VV) OFFICERS May 26, 2009 President Paul Arms Huntington Beach City Council Vice President Julie Bixby City of Huntington Beach Treasurer 2000 Main Street Jim Anderson Secretary Huntington Beach, CA 92648 Marinka Horack BOARD OF Dear Mayor Bohr and Members of the City Council, DIRECTORS Connie Boardman On June 1, 2009, the Huntington Beach City Council is scheduled to Dr.Gerald Chapman address Revised Tentative Tract Map Nos. 15377 and 15419 and Vi Cowden Sandy Genis Entitlement Plan Amendment 08-08 (amendments to Conditional Use Dave Hamilton Mike McMahan Permit No. 96-90 and Coastal Development Permit No. 96-18) for Joe Shaw located at 17301 Graham Street in the City of Huntington Marc Stirdivant property Y g Laurel Telfer Beach. The proposed project would facilitate development of the Carrie Thomas Rudy Vietmeier project commonly known as Parkside Estates. Dr.Jan Vandersloot Karen Merickel-Wood Prior to considering any additional actions in furtherance of ADVISORY BOARD development of the Parkside Estates project, a subsequent Former Mayor Debbie Cook environmental impact report (EIR) must be prepared and circulated for Diana Casey public review. The previous EIR No. 97-2 cannot be relied upon Nancy Donaven Former Mayor Norma Gibbs because the environmental baseline for most studies is over 10 years Bob Goodrich Paul Horgan old. In addition, the proposed project has evolved over time to include Janice Kellogg Eileen Murphy new significant features such as a vegetated flood protection feature Linda Moulton Patterson (VFPF), additional wetlands, and additional Environmentally Sensitive Rochelle Pazanti Louis Robles Habitat Area (ESHA). All environmental impacts of the proposed Jayson Ruth Dr.Richard Sax project must be evaluated based on current environmental conditions Former Mayor Dr.David Sullivan under which the project will be taken. Former Mayor Grace Winchell ENDORSEMENTS L BACKGROUND Amigos de Bolsa Chica Algalita Marine Research Foundation On October 21> 2002> the Huntington Beach City Council voted to Anza Borrego Foundation approve the following applications in connection with the Parkside Ballona Wetlands Land Trust Estates project: City of Huntington Beach Friends of Harbors, Beaches and Parks Huntington Beach • General Plan Amendment No. 98-1 (Resolution No. 2002- Wetlands Conservancy 100) Huntington Beach Tomorrow 1 Orange Coast League of • Zoning Map Amendment No. 96-5A (Ordinance No. 3584) Women Voters Orange County • Zoning Map Amendment No. 96-513 (Ordinance No. 3585), Coastkeeper Peninsula Open Space Trust • Local Coastal Program Amendment No. 96-4 (Resolution Sea and Sage Audubon NO. 2002-101) Sierra Club , Angeles Chapter Surfrider Foundation Avenue - Suite 108 - Huntington Beach, CA 92649 - (714) 846-1001 www.bolsachicalandtrust.org • Annexation No. 98-1 and annexation agreement (Resolution No. 2002-102), • Tentative Tract Map Nos. 15377 (City) and 15419 (County), • Conditional Use Permit No. 96-90, and • Coastal Development Permit No. 96-18 (Parkside Estates). At that time, the Council voted 4-3 to certify Environmental Impact Report (EIR)No. 97- 2 (Resolution No. 2002-97) pursuant to the California Environmental Quality Act (CEQA). Draft EIR No. 97-2 (SCH NO. 1997091051)was first circulated for public comment in 1998. Prior to certification of the previously circulated EIR, additional alternatives to the proposed project were developed in order to respond to flood control concerns and California Coastal Commission action regarding the County parcel portion of the Parkside Estates site. A New Alternatives to the Draft EIR document was circulated June 29, 2001 to August 12, 2001. A Final EIR, including a Response to Comments, was transmitted to the California State Clearinghouse of the Governor's Office of Planning Research on August 7, 2002. The City of Huntington Beach released an Addendum EIR on May 20, 2009. II. CEQA REQUIREMENTS Section 15162(a) of the Guidelines for Implementation of the CEQA (Guidelines) states that an additional EIR is needed if- (1) Substantial changes are proposed in the project which 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; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which 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; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete ... shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR ...; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) 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 proponents decline to Page 2 adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Pub. Res. Code §21166. When only minor additions or changes to a previous EIR are required to address an altered situation, a supplemental EIR may be prepared containing the information necessary to make the previous EIR adequate (14 C.C.R §15163). However, if substantial changes in the project or a substantial increase in the severity of effects are involved, requiring new analyses or major revisions of a previous EIR, a subsequent EIR must be prepared(14 C.C.R. §15162). Substantial changes in this project's composition and the conditions under which the project would be undertaken have occurred since EIR No. 97-2 was circulated in 1998 and again in 2001, and a subsequent EIR must be prepared before taking action on this project approval. A subsequent EIR is required because of the substantial changes in the project in and of itself, substantial changes in the circumstances under which the project is being undertaken, and substantial new information about existing environmental conditions, impacts, mitigation measures and alternatives for Bolsa Chica as a whole. In accordance with CEQA Guidelines Section 15162(c): (c) Once a project has been approved, the lead agency's role in project approval is completed, unless further discretionary approval on that project is required. Information appearing after an approval does not require reopening of that approval. If after the project is approved, any of the conditions described in subdivision (a) [quoted above] occurs,_a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other responsible agency shall grant an approval for the protect until the subsequent EIR has been certified [emphasis added] or subsequent negative declaration adopted Thus preparation of a subsequent EIR is required prior to any other discretionary action by any public agency. These actions would include approval of any tract maps or entitlement amendments. Page 3 III. CHANGES IN THE PROJECT Changes in the proposed project could result in potentially significant impacts on biological resources, water quality, flood protection, and noise/vibration. Revised Tentative Tract Map Nos. 15377 and 15419 and Entitlement Plan Amendment 08-08 would provide for the development of one hundred eleven (111) dwelling units on a 25.1 acre portion of the 49.8 acre site. One lot would be set aside as open space, including areas identified by the Coastal Commission as wetlands and other ESHA subsequent to the certification of EIR No. 97-2. Grading As currently proposed, grading would entail 225,000 cubic yards of fill. Based on information on file with the Huntington Beach Planning Department, it appears that pad elevations of several lots are proposed to be higher than anticipated at the time EIR No. 97-2 was prepared. Increased pad heights and associated heights of structures would result in increased visual impacts on the surrounding area. As noted above, proposed pad heights appear to be higher in elevation than previously anticipated. For example, future Parkside Estates houses in the Kenilworth area previously projected to have a pad elevation of 5.5 feet in elevation as compared to existing homes and a finished floor elevation of 6.0 feet are now anticipated to have a pad elevation of 6.4 feet as compared to existing homes with a finished floor elevation of 7.4 feet, as determined by comparing the 2002 tract map to the current tract map. This would result in increased visual impacts as nearby residents are effectively walled off from the site, creating a situation similar to that experienced by residents along Los Patos as a result of development of the Brightwater tract. A subsequent EIR must address impacts of increased pad heights on the adjacent neighborhood. Vegetated Flood Protection Feature Flood protection for the project would be provided by a vegetated flood protection feature (VFPF). Although original CUP 96-90 alluded to a"seawall" as a potential aspect of flood protection for the proposed project, such a feature was considered in a cursory, speculative manner. A "seawall" also differs from a VFPF in that the footprint of a VFPF could potentially be substantially larger in scope. Further, when concern was raised regarding provision of a"seawall" during California Coastal Commission hearings--a project aspect which would not be permitted under existing Coastal regulations (Sections 30235 and 30236)--the applicant strongly asserted that the VFPF was most certainly not a"seawall". As currently proposed, the VFPF would consist of a vegetated earthen berm with an internal sheet pile wall. Although the certified EIR addressed nine (9) alternatives to the proposed project--including alternatives developed in response to flood control concerns- -none of the alternatives that were reviewed included such a feature. By contrast, flood control improvements contemplated in EIR No. 97-2 were confined to a new 60-inch Page 4 storm drain, a proposed 102-inch storm drain line (parallel to the existing 60-inch RCP in Graham Street) from Kenilworth south and then through the site, and a 120-inch storm drain line on-site to connect to the Slater Pump Station. A subsequent EIR for the proposed project must address all potential impacts of the proposed project, including any significant impacts due to the new flood protection feature. To do otherwise would constitute improper piecemealing which is prohibited under CEQA Guidelines Section 15003 (h). Construction of the proposed VFPF would result in potentially significant impacts on biological resources. The proposed VFPF would be located in an area required to buffer a wetland. Thus, impacts to that area would likely occur. Construction activities would not be limited to the footprint of the VFPF alone, but would extend into the surrounding area as earth and equipment were moved. Noise, vibration, emissions, and dust from heavy construction equipment would disrupt nearby habitat. Impacts on biological resources due to the proposed VFPF, including construction impacts, must be addressed in a subsequent EIR as well as measures to mitigate any impacts to a level of insignificance. Construction of the proposed VFPF would result in potentially significant impacts on water quality. Construction of the VFPF would entail moving large amounts of earth in close proximity to a wetland. Thus, erosion and associated degradation in water quality would potentially occur. Impacts on water quality due to the proposed VFPF, including construction impacts, must be addressed in a subsequent EIR as well as measures to mitigate any impacts to a level of insignificance. The proposed VFPF would alter flood flows. Impacts to public safety from the VFPF may not all be positive. Depending on design, it is possible that the VFPF could ultimately impound floodwaters, actually increasing flood hazard to some areas. A large lake formed in the western portion of the property at the peak of the 2004/2005 rainy season, and for a few weeks drained via surface flows to the south and west into the CP wetland area. A VFPF at the proposed location would have blocked this flow, impounding the flood waters to the north and possibly forcing drainage into the adjoining existing neighborhood. A subsequent EIR must address alternatives to the VFPF as well as measures to mitigate any impacts to a level of insignificance. The proposed VFPF would result in potentially significant impacts to groundwater. The Wintersburg Channel north levee emergency sheet pile project performed by the County of Orange in early 2008 has altered groundwater levels on the property as a result of the sheet pile design(see attached Exhibits C (WRC report) and D (monthly ENVIRON reports)). The proposed VFPF will utilize a similar earthen berm and internal sheet pile design that would reduce groundwater availability to the adjacent wetlands. These impacts must be addressed in a subsequent EIR as well as measures to mitigate any impacts to a level of insignificance. Page 5 Construction of the proposed VFPF would result in potentially significant impacts due to noise and vibration. The proposed VFPF would consist of sheet pilings and an earthen berm. Installation of the sheet pilings and any required anchors could result in noise in excess of 90 dB as well as ground vibration over a wide area, affecting locations as distant as one half mile or more. These impacts would certainly be significant to the adjacent existing homes. Noise and vibration impacts due to the proposed VFPF, including construction impacts, must be addressed in a subsequent EIR as well as measures to mitigate any impacts to a level of insignificance. Wetlands and ESHA to be preserved on the site would be subject to potentially significant impacts due to other project features. e As required by the Coastal Commission, the proposed project would preserve eucalyptus ESHA and the wetland areas known as the AP, CP and EPA wetlands. This is a positive step, inasmuch as most of these areas were not previously slated for preservation. However, because the value of the habitat has been recognized and the areas are to be preserved, project planning must address how those newly recognized resources would be affected by project development. As detailed in Section 3.2 of EIR No. 97-2, the proposed project would involve dewatering over a four to six month period. Dewatering could affect the ability of the wetlands to retain water as well as creating a subsurface drought condition for on-site vegetation. A subsequent EIR must address how dewatering (and post-construction impacts such as wildlife predation by household pets, increased pedestrian&bicycle activity, etc) would affect the viability of the wetlands and eucalyptus ESHA, as well as measures to mitigate any impacts to a level of insignificance. IV. CHANGES IN CIRCUMSTANCES In accordance with Section 15125(a) of the Guidelines for the Implementation of the California Environmental Quality Act(CEQA), an EIR must include a description of the physical environmental conditions in the vicinity of the project at the time environmental analysis is commenced,normally the time a Notice of Preparation (NOP) is circulated, from both a local and regional perspective. This description will constitute the baseline physical conditions by which it is determined whether an impact is significant. The NOP for EIR No. 97-2 was circulated September 18, 1997. With the exception of the traffic study, analyses in EIR No. 97-2 utilize a baseline of 1997 or earlier.' Since I The April 8, 1997 Darnell&Associates,Inc. traffic study which was included in Draft EIR No. 97-2 was based on 1994 and 1996 traffic data. Darnell & Associates, Inc. updated the study in 2001 to reflect a reduction in the number of dwelling units requested as well as an additional 350 dwelling units approved at Meadowlark, utilizing the original baseline. In September 2002 Darnell & Associates, Inc. obtained additional traffic counts for four (4) local intersections and submitted a letter report dated September 9, 2002, which concluded that although traffic had increased at some of the locations, the increase was not sufficient to result in changes in traffic Level of Service (LOS) or change any of the conclusions in the original report. Page 6 that time, numerous changes have occurred in the circumstances under which the project will be undertaken. Each of these would be significant and substantial enough to warrant preparation of a subsequent EIR. Considered together, they overwhelmingly and conclusively demonstrate the need for a subsequent EIR, as discussed below. Cumulative Development CEQA Section 21083 requires that an EIR examine the cumulative impacts of a project when considered in combination with other projects causing related impacts. CEQA Guidelines Section 15355 defines a cumulative impact as follows: "Cumulative impacts" refers to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. (a) The individual effects may be changes resulting from a single project or a number of separate projects. (b) The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past,present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. In accordance with Guidelines Section 15130(b)(1), the discussion of cumulative impacts may be based on either: (A) A list of past, present, and probable future projects producing related or cumulative impacts, including, if necessary, those projects outside the control of the agency, or (B) A summary of projections contained in an adopted general plan or related planning document, or in a prior environmental document which has been adopted or certified, which described or evaluated regional or area-wide conditions contributing to the cumulative impact. Any such planning document shall be referenced and made available to the public at a location specified by the lead agency. EIR No. 97-2 (Section 4.5)provided a list of related projects as follows: • Waterfront (Phases II - VI &Residential) - A 516-room resort complex, a 135,000 square foot conference center, and 184 residential units (Robert B. Mayer Corp.). (Phase I was development of the Hilton Hotel which was in operation at the time EIR 97-2 was prepared.) • Main Pier, Phase II- Mixed use project consisting of 80 residential units and 39,766 square feet (sq.ft.) of new retail development. • Ocean Crest- 54 unit single family homes on a 9.8-acre site located northwest of the intersection of Palm Avenue and Seapoint Avenue. • 3rd Block West (aka Plaza Almeria) - Mix of uses with 25,500 sq.ft. of retail, 11,000 sq.ft. of office space and 42 townhomes. Page 7 • Catellus Residential- 303 single-family detached dwelling units, one (1) public park, and two (2)private parks. • Bolsa Chica - While much background information is included in EIR No. 97- 2 it is not clear what specific development was assumed for EIR analysis purposes. • Holly Seacliff Specific Plan Area- Tentative Tract No. 14700 (Peninsula) /Tentative Tract No. 14662/Tentative Tract No. 14659 (Sherwood)/ and additional tracts and Environmental Impact Report No. 89-1. Low Density Residential, Medium Density Residential,Medium High Density Residential, Mixed Development, Commercial, Industrial and Open Space. Ultimately, up to 3,022 residential units may be constructed, with approximately 1,865 units have been approved at the time EIR No. 97-2 was prepared. • Pier Plaza: Permit No. 93-70/Coastal Development Permit -New parking lot with 634 stalls,new restroom and concession building, amphitheater and landscaping, improved access in and around pier. • Duke's Surf City Restaurant - Conditional Use Permit No. 94-25/Coastal Development Permit No. 94-10. 18,000 sq.ft. two story restaurant located at 317 Pacific Coast Highway(old Maxwell's site). • Cannes Pointe: Tentative Tract Map No. 14590/Conditional Use Permit No. 96-35 - 29 Single Family Homes. • Seabridge Specific Plan - 20 single family detached units. • Bowen Court - 23 senior residential units. • 21 st- 22nd Street- Zoning amendment to allow development of a maximum of 10 single family detached units or a maximum of 26 multifamily units (or combination of single and multifamily units). • Wintersburg/Home Depot- Demolition of the closed Wintersburg School buildings, and the construction of a 106,548 sq.ft. Home Depot store and 24,337 sq.ft. garden center on a 10.5-acre site. Includes a future 30,000 sq.ft. building on 2.71 acres, and the relocation of various athletic fields on a 4.06- acre remainder parcel and on 16 acres at the adjacent Ocean View High School. A revised traffic study prepared in 2001 also included 350 dwelling units in the Meadowlark project. Since that project list was compiled in 1997, substantial new development has been approved and/or built. The following additional projects, totaling thousands of residential units and millions of square feet of commercial and industrial development, are listed on the City's web page www.surfcity-hb.org, on the Economic Development Department's Current Projects list and the Planning Departments' Major Projects list: • Bella Terra - Formerly known as the Huntington Beach Mall, the project includes a 5,000 seat 20 screen cinema complex, retail and restaurant uses. Current development in Area A totals 694,422 sq.ft. with up to 1,045,440 sq.ft. permitted. • The Village at Bella Terra—Development permitted up to a total floor area ratio (FAR) of 1.75,with commercial not to exceed a FAR of 0.2 and residential development not to exceed 45 dwelling units (d.u.)per acre, future Page 8 development estimated at 538 d.u. and 414,255 sq.ft. of commercial space or 713 d.u. and 138,085 sq.ft. of commercial uses at the former Montgomery Wards site (Bella Terra Area B) at 7777 Edinger Avenue. ® Lowe's Hardware - Lowe's Hardware opened for business during 2005 at the closed Rancho View School site near the northeast corner of Beach Blvd. and Warner Avenue. • Peninsula Marketplace - at the southwest corner of Garfield and Goldenwest. Developed by Pacific Land Company, the center is anchored by Ralphs Grocery. • McDonnell Centre Business Park, including: ♦ Sharp Electronics - Western Regional Headquarters occupying a new, 535,000- sq.ft. building. ♦ AirTech - A supplier of components used in the manufacture of composite materials for the aerospace industry in a recently opened a 120,000- sq.ft. facility of 125 employees. ♦ Extended Stay Hotel - 104-room hotel specializes in the business and other longer-term traveler ♦ Konica- Relocated from Compton, to a new regional headquarters consisting of approximately 280,000- sq.ft., with 90 employees ♦ DIX Metals - Tustin-based company built a new 101,000- sq.ft. headquarters. ♦ C & D Aerospace: recently occupied a 150,000- sq.ft. building for its 430 employees. The new building is a combination of office and manufacturing ♦ Skylab Corporate Center - 53,666 sq.ft., is the home of Pacific Shoe Corporation, and 46,000 sq.ft. building occupied by Morgan Metals. • McDonnell Center Business Park Second Phase - 77-acre area, west of Bolsa Chica and north of Bolsa,being developed by Boeing • Pacific City - Mixed use project on a 31.5 gross acre site along Pacific Coast Highway between Huntington Street and First Street consisting of 19 1,100 sq.ft. of retail, office,restaurant, cultural, and entertainment uses; 163,000 sq.ft., 165 room, eight story, luxury boutique hotel, spa and health club with a 12,000 sq.ft. restaurant; and 516 condominium units within a mix of two, three, and four story buildings. • Newland Street Residential-Former industrial site west of Newland Street, south of Lomond Drive, north of Hamilton, redeveloped for residential use with 204 multi-family residential units and approximate 2-acre public park. • Senior Center-New one-story senior center(approximately 45,000 sq.ft.) on an undeveloped portion of Central Park. Will include multi-purpose rooms/community hall, group exercise room, fitness room, arts/crafts room, multi-use classrooms, kitchen, dance room, lobby, administrative area, outdoor patio, and outdoor recreation/activity area. • Amstar Red Oak Project(Ripcurl mixed use)-440 residential units in five residential stories, above approximately 10,000 sq.ft. of retail and commercial uses on a 3.8 acre site at 7302-7400 Center Avenue, across from Goldenwest College. Page 9 • The Strand- Retail, restaurants, offices, and a 149-room hotel, for a total of 226,536 sq.ft. located at the area bounded by Pacific Coast Highway, Walnut Avenue, Sixth Street, and the alley between Fifth and Main Streets. • Main Place Apartments—26 units located at the corner of Main and Gothard. • Beachview Villas - 106-unit single room occupancy apartments at 8102 Ellis Avenue. • The Studios at Center—251 studio apartments at 7541 Center Avenue. • CVS Pharmacy - 12,900 sq.ft. drive-through pharmacy at the southeast corner of Goldenwest St. and McFadden Ave. • Hoag Hospital—46,895 sq.ft. addition to an existing 52,177 sq. ft. medical building and 464 space parking structure on Beach Boulevard. • Poseidon Resources Seawater Desalination Facility - 50 million gallon per day reverse osmosis seawater desalination facility; water transmission lines to connect to existing regional transmission system; and two off-site underground booster pump stations in Irvine and unincorporated portion of Orange County on an 11 acre lease area on AES generating station site at 21730 Newland(at Edison Way). In addition, the City's on-line Planning Application Log (attached) lists dozens of applications in just the period from October 2005 through May 2009. While some of the applications would result in only minor development, others are larger projects, including 103 additional dwelling units on two former school sites. The additional growth not contemplated in EIR No. 97-2 will cumulatively result in impacts related to increased traffic, air emissions, noise, energy use,public services, utilities, land use, and other factors and must be addressed in a supplemental EIR. Air Quality Changes in circumstances under which the project would be undertaken have occurred due to increases in cumulative development as well as changes in the regulatory climate, as the health effects of air pollutants become more apparent, and as technology improves. Increases in cumulative development anticipated for the area will lead to increases in cumulative pollutant emissions. Since certification of EIR No. 97-2 in 2002,numerous new projects have been built, approved,or would reasonably be anticipated to be approved. This will contribute to cumulative increases in vehicular traffic and air traffic,resulting in increased emissions of various air pollutants. Additional cumulative emissions will result from stationary sources associated with the consumption of energy in the form of natural gas and electricity. A subsequent EIR must address emissions associated with implementation of the proposed project in the light of the current cumulative development scenario. Congestion on local roadways is increasing and will continue to increase,leading to increased air pollution hot spots. As traffic has increased in the local area due to specific development and ambient growth, overall air emissions and congestion-generated air pollution hot spots would be expected to Page 10 increase. Additional traffic due to cumulative growth in the area will further exacerbate this problem. A subsequent FIR must address the potential for air pollution hot spots in the light of currently existing roadway conditions and the current cumulative development scenario. A revised Air Quality Management Plan has been adopted for the District. Subsequent to preparation of EIR No. 97-2, the South Coast Air Quality Management District(SCAQMD) adopted several updates to the Air Quality Management Plan (AQMP) for the South Coast Air Basin (SCAB) including the 2003 Air Quality Management Plan (AQMP) adopted August 1, 2003, and the 2007 AQMP adopted on June 1, 2007. The 2007 AQMP focused to a large extent on PM 2.5 and ozone. A subsequent EIR must address the project in the light of the revised AQMP as it is a new circumstance under which the proposed project will be undertaken. Orange County has been designated a non-attainment area for fine particulate matter. For many years,particulate matter in the air was considered primarily as total suspended particulates (TSP). While TSPs are still monitored at many locations, specific standards for small particulates have also been adopted. The Federal TSP standard was superseded by a standard for PM10 in 1987,prior to preparation of previous environmental documentation for Playa Vista. Ten years later, effective September 16, 1997, a Federal standard for PM 2.5 (not to exceed 65 micrograms per cubic meter over 24 hours)was adopted,reflecting increased concern over health effects of the smallest particulates which can travel deep into the lungs. On December 17, 2004,the United States Environmental Protection Agency (USEPA) designated all of Orange County as a non-attainment area for fine particulates (PM 2.5). On October 6, 2006, the South Coast Air Quality Management District (SCAQMD) adopted a methodology to calculate PM 2.5 and a threshold of significance for PM 2.5. Although the AEIR addresses PM 2.5, it appears that the analysis is confined only to long term, operational emissions. Analysis of PM 2.5 during construction is not included. While long term increases in particulates will occur due to use of motor vehicles and consumption of fossil fuels,particulate matter is of greatest concern during construction. Not only is dust raised during site preparation, heavy construction equipment also generates particulate emissions. A subsequent EIR must address PM 2.5 during construction as well as project operation. In addition, the emissions levels shown in AEIR Table 3-2 for the previously approved project are not consistent with those projected for that project in Table P in EIR No. 97-2 as certified in 2002, and this inconsistency is not explained in the AEIR. New regulations require that environmental documents address greenhouse gases. The California Global Warming Solutions Act of 2006 (Assembly Bill 32) requires the California Air Resources Board (CARB) to adopt a statewide greenhouse gas emissions limit and to develop rules and regulations in an open, public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. Thus far, CARB has focused largely on major industrial sources, as has SCAQMD. The AEIR addresses greenhouse gases to some extent but fails to address Page 11 construction emissions. In addition, the AEIR fails to address SCAQMD's policy objective of capturing 90 percent of greenhouse gas (GHG) emissions from new development projects in the residential/commercial sectors (this objective will be refined in more detail in spring of 2009). Generation of greenhouse gases and maximum feasible mitigation must be addressed in a subsequent EIR. While the AEIR includes a list of"commitments" made by the applicant in order to reduce greenhouse gas emissions, these "commitments" are not included in the mitigation monitoring program for the proposed project. Therefore, implementation of these "commitments" is by no means assured. Any"commitments" designed to reduce project impacts must be included in the mitigation monitoring program for the project. New methodology has been developed for the analysis of localized air emissions. In 2003, SCAQMD developed localized significance thresholds (LSTs) for various criteria pollutants and developed a methodology for determining localized concentrations of those pollutants. The LST thresholds and methodology were provisionally adopted by the SCAQMD Board in October 2003, and formally adopted by the SCAQMD Mobile Source Committee in February 2005. The SCAQMD Board adopted revisions to the LST program to incorporate PM 2.5 in 2006, as noted above. EIR No. 97-2 fails to discuss localized emissions in light of LSTs. This is of particular significance due to the project's location in close proximity to existing residential development and sensitive habitat areas. LSTs must be addressed in a subsequent EIR. Water Quality Drainage from the project site will enter the Graham Street Drain to the Slater Channel and eventually reach the East Garden Grove/Wintersburg Channel which discharges into the Outer Bolsa Bay and Huntington Harbour. Subsequent to preparation of EIR No. 97- 2, surface water quality in Huntington Beach has continued to deteriorate, leading to repeated and extended beach closures and threats to human health. The question of whether any adjacent residential development will worsen this rapidly deteriorating situation is yet another example of why a subsequent EIR is required. New requirements for storm drain discharges have been adopted. On January 18, 2002 the Santa Ana Regional Water Quality Control Board(SARWQCB) issued Order No. R8-2002-0010/NPDES No. CAS618030, which is the third term National Pollutant Discharge Elimination System (NPDES)permit governing discharges to the storm drain systems owned and operated by the County of Orange and incorporated cities within the Santa Ana region. The 2002 permit established new requirements for control of runoff, mandating that projects retain, treat, or infiltrate runoff produced from a 24-hour, 85th percentile storm event. The applicant has proposed to include a natural treatment system in the project, but no environmental document for the project has evaluated the effectiveness of the proposed system in meeting the requirements of Order No. R8-2002-0010/NPDES No. CAS618030, nor has any environmental document for the project examined alternative means of compliance. This must be addressed in a Page 12 subsequent EIR as it is a new circumstance under which the proposed project will be undertaken. On February 13, 2009,public review ended for Tentative Order No. R8-2008- 0030/NPDES No. CAS618030, which would replace the soon-to-expire R8-2002-0010/ NPDES No. CAS618030. It is anticipated that Tentative Order No. R8-2008-0030 will be adopted shortly. Order No. R8-2008-0030 would continue regulation of runoff from an 85th percentile storm event. The following policy would also be added: WQMPs shall reflect consideration of the following goals, which may be addressed through on-site-and/or watershed-based BMPs: a) The effective impervious area(EIA) shall be limited to 5% or less of the total project site. ... b) The project shall not cause a hydrologic condition of concern... c) Through an integrated watershed approach that integrates source control, pollution prevention, site design and structural treatment controls (if needed), the post-development runoff water quality and quantity shall mimic pre-development water quality and quantity. d) The discharge of any listed pollutant to an impaired water body on the 303(d) list shall not cause or contribute to an exceedance of receiving water quality objectives. The proposed project must be evaluated in the light of the above policy in a subsequent EIR with particular attention to impacts on impaired water bodies discussed below. Huntington Harbour has been listed as impaired due to additional pollutants. At the time EIR No. 97-2 was prepared, Huntington Harbour was listed as impaired for metals,pathogens and pesticides pursuant to Section 303 (d) of the Clean Water Act, as listed by the California State Water Resources Control Board(WRCB). This was refined in 2002 to indicate impairment due to copper, dieldrin, nickel,pathogens, and polychlorinated biphenyls (PCBs), and further refined in 2006 to indicate impairment due to chlordane, copper, lead nickel, pathogens, PCBs and sediment toxicity. Impaired water bodies are not to be further impaired by new activities. A subsequent EIR must address how heavy metals and chemical substances in urban runoff from the site will be prevented from eventually entering Huntington Harbour. Bolsa Chica State Beach has been determined to be an impaired water body. Through tidal action, site runoff carried into Outer Bolsa Bay and Huntington Harbour will eventually be carried to the beach. Bolsa Chica State Beach was added to the 2006 list of impaired water bodies at the behest of the USEPA due to copper and nickel. Huntington Beach State Park in the vicinity of Magnolia Avenue was listed due to unacceptable levels of enterococcus and indicator bacteria. Potential sources of bacteria include urban runoff and wastewater discharge, each of which could increase as a result of project development. Impairment of these water bodies for beneficial use must be addressed in a subsequent EIR. Page 13 Bolsa Chica Channel and East Garden Grove/Wintersburg Channel are proposed for 303(d)listing. Proposed amendments which would add Bolsa Chica Channel and East Garden Grove/Wintersburg Channel to the 303(d) list due to concentrations of ammonia are currently under public review, with adoption anticipated in spring 2009. Ammonia can be a by product of certain fertilizers and organic waste, each potentially generated by the proposed project. Impairment of these water bodies for beneficial use must be addressed in a subsequent EIR. Technology geared toward mitigation of water pollution has progressed. Mitigation measures adopted as part of EIR No. 97-2 would not remove all heavy metals, pesticides and other substances determined to be impairing beneficial uses of local water bodies, including Huntington Harbour and Bolsa Chica State Beach. Though the natural treatment system proposed is an improvement, such systems do not typically remove all pollutants,heavy metals in particular. Other technologies including various filters, including compost filter socks and biomats, must be explored as potential mitigation measures. A subsequent EIR must also address improvements in water quality technology developed since EIR No. 97-2 was prepared. Creation of a tidal inlet has resulted in increased salinity in on-site water resources. In August 2006, tidal action was returned to the Bolsa Chica wetlands as ocean water was allowed to enter the wetlands via a tidal inlet under Pacific Coast Highway and across Bolsa Chica State Beach to the Pacific Ocean. Vegetation in upland areas, including eucalyptus, has shown signs of salt stress as saline water has entered shallow groundwater. EIR No. 97-2 indicated the proposed project would involve dewatering over a four to six month period. A subsequent EIR must address disposal of potentially saline water pumped from the site during dewatering as well as mitigation measures to reduce any impact to a level of insignificance. The discussion must include effects of saline water on conveyance facilities used to dispose of the water. Transportation A traffic study was submitted by Darnell& Associates for inclusion in EIR No. 97-2 on April 8, 1997. As described in Section 5.3 of EIR No. 97-2, the study evaluated buildout traffic forecasts for post-2020 conditions using volume data from the Bolsa Chica Traffic Impact Analysis, dated August 16, 1994, which assumed that Warner Avenue would be widened to a full 120 foot wide right of way in the vicinity of Warner Pond/Huntington Harbour. As detailed in the Bolsa Chica Project Traffic Impact Analysis Draft Final Report, dated August 16, 1994 (p. 1-13), the Bolsa Chica Traffic Impact Analysis in relied on the Santa Ana River Traffic Analysis Model developed for the Santa Ana River Crossings Cooperative Study (SARX) and contained in a draft technical report dated April 8, 1993. The SARX model in turn was based on data in the Orange County Traffic Analysis Model(OCTAM). The model in effect at that time was OCTAM-II (SARX study p. 34). Page 14 OCTAM II developed projections of future traffic based on growth projections in Orange County adopted June 23, 1992 as OCP-92. Thus, traffic modeling for the proposed project is based on a 16-year old model, based primarily on 17-year old socioeconomic and land use data. Darnell& Associates, Inc., updated the EIR No. 97-2 traffic study in 2001 to reflect a reduction in the number of dwelling units requested by the applicant as well as an additional 350 dwelling units approved at Meadowlark, utilizing the original, early 1990s traffic projections. In September 2002 Darnell& Associates, Inc., obtained additional traffic counts for the following four (4) local intersections and submitted a letter report dated September 9, 2002. ® Bolsa Chica/Warner Avenue • Graham Street/Warner Avenue • Graham Street/Glenstone • Graham Street/Slater Growth has continued in the area, and anticipated growth has also increased,resulting in increased cumulative impacts on traffic. As noted above, numerous additional developments not anticipated in EIR No. 97-2 are expected to occur or have subsequently occurred. These plans total thousands of dwelling units and millions of square feet of commercial and industrial development, generating thousands of vehicular trips during peak hour and tens of thousands of vehicular trips per day. A subsequent EIR must address cumulative impacts of the proposed project in light of the additional cumulative development and cumulative traffic. Page 15 Traffic on local roadways has increased significantly, causing any increase in traffic to have a greater impact on congestion. Since EIR No. 97-2 was prepared,baseline traffic volumes have changed and additional development has been approved and/or constructed as previously stated. This would result in altered baselines for traffic analysis purposes. For example, the 1994 Bolsa Chica traffic study showed traffic at the intersection of Pacific Coast Highway and Warner Avenue at level of service (LOS) D somewhat congested, with an Intersection Capacity Utilization of.89,just under LOS E, a highly congested condition where vehicles may often have to wait through two or more cycles of a light at peak times. Since the time traffic data was collected for that 1994 study, traffic on Pacific Coast highway increased significantly as shown below, and LOS would only have degraded further,well into LOS E: Peak Postmile Description Year Hour Trips_ 25.890 to GOLDENWEST STREET 2007 4150 29.89 to WARNER AVENUE 2006 4200 2005 3950 2004 3900 2003 3750 2002 3750 2001 3300 2000 3300 1999 3050 1998 3050 1997 3050 1996 2850 1995 2850 1994 2850 1993 2900 1992 2900 29.89 to SUNSET BEACH, 2007 4450 32.721 WARNER AVENUE to 2006 4850 SEAL BEACH BOULVARD 2005 4500 2004 4450 2003 4350 2002 3950 2001 3450 2000 3450 1999 3650 1998 3650 1997 3650 1996 3550 1995 3550 1994 3550 1993 3750 1992 3750 (Source: Caltrans) Page 16 A subsequent EIR must address current baseline traffic and all related development currently anticipated as it is a new circumstance under which the proposed project will be undertaken. The Orange County Transportation Authority has updated traffic modeling for the area In the years since EIR No. 97-2 was prepared, the Orange County Transportation Authority has updated regional traffic modeling several times to reflect changes in land use, socioeconomics, traffic generation and travel patterns. Transportation analyses in EIR No. 97-2 were based on previous studies utilizing OCTAM II, which was long ago superseded by other models. The latest approved and verified version of the Orange County Transportation Analysis Model(OCTAM) must be used for traffic analysis in a subsequent EIR. This is currently OCTAM 3.2, the third update since OCTAM Il, though OCTAM 3.3 is being finalized. V. NEW INFORMATION OF SUBSTANTIAL IMPORTANCE New information of substantial importance has been learned which was not known and could not have been known with the exercise of reasonable diligence at the time EIR No. 97-2 was certified as complete, indicating that the project will have one or more significant effects not discussed in the previous EIR, and that significant effects previously examined will be substantially more severe. Additional wetlands are present on the property Beginning with the 2002/2003 rainy season and continuing for every rainy season thereafter, Mark Bixby has taken photographs of every ponding location on the property in order to document the number of consecutive days of ponding for each location. These data, in addition to vegetation surveys conducted by Mark Bixby showing a predominance of hydrophytic vegetation and a review of the data by Coastal Commission ecologist Dr. John Dixon, show that the area known as WP (Wintersburg Pond) is wet enough long enough to be considered a wetland. Impacts to WP must be addressed in a subsequent EIR, as well as measures to mitigate any impacts to a level of insignificance. Sensitive Species Wandering Skippers (Panoquina errans) are present on the property. EIR No. 97-2 states: "Saltmarsh skipper butterfly(Panoquina errans) larvae feed on saltgrass in local coastal areas, and it may occur wherever the plant is found; however, it was not observed during the surveys, and there is very little of the host plant on the site." A site survey conducted by Mark Bixby found Wandering Skipper butterflies on the property in April 2003, and these butterflies have been seen every spring/summer season Page 17 since. Their presence was reported to Coastal Commission staff and Shea Homes on July 17, 2003. Dena Hawes has photographed Wandering Skippers laying eggs in saltgrass (Distichlis spicata) on the property. Impacts to this IUCN"Near Threatened" species must be addressed in a subsequent EIR, as well as measures to mitigate any impacts to a level of insignificance Fairy Shrimp (Branchinecta sp.) are present on the property. EIR No. 97-2 makes no mention of fairy shrimp. A site survey conducted by Mark Bixby in January 2003 found fairy shrimp on the property. Fairy shrimp have been present in all successive suitably-wet rainy seasons since then. Their presence was first reported to Coastal Commission staff on January 21', 2003, and again on March 14,2004 (Shea Homes was included in the latter notification). No formal professional biological survey has ever been conducted on the property to determine which species of shrimp are present, despite federally endangered San Diego fairy shrimp (Branchinecta sandiegonensis)being present just six(6)miles away at nearby Fairview Park in Costa Mesa. The shrimp species present on the property must be identified and any impacts addressed in a subsequent EIR, as well as measures to mitigate any impacts to a level of insignificance. Southern Tarplant(Centromadia parryi ssp. australis)is present on the property. EIR No. 97-2 makes no mention of southern tarplant, a California Native Plant Society 113.1 (seriously endangered in California) species. Dena Hawes discovered southern tarplant growing on a small portion of the property in May 2005, and in subsequent years this sensitive species has greatly expanded in both range and quantity. Current quantities as of May 2009 greatly exceed the amount mentioned in Dr. John Dixon's December 19,2006 Coastal Commission memo referenced in the project's Addendum EIR. See Exhibit A for recent southern tarplant surveys of the property. Impacts to this sensitive species must be addressed in a subsequent EIR, as well as measures to mitigate any impacts to a level of insignificance. Raptor usage of the property is more extensive than previously documented. EIR No. 97-2 only makes cursory mention of raptor usage of the property and recognizes only the southern eucalyptus grove as ESHA. Systematic raptor monitoring by Mark Bixby and other volunteers from 2004 to the present(see Exhibit B)documents extensive raptor usage of both the southern and northern eucalyptus groves on the property, including three successful nesting seasons by Cooper's Hawks (CDFG Watch List species). This monitoring has also documented extensive raptor usage of the adjacent Goodell property which provides several important roost trees for raptors foraging on the Shea property. In November 2007 the Coastal Commission determined that the northern eucalyptus grove was also ESHA. Impacts to raptors and the associated eucalyptus ESHA, as well as to raptors utilizing the adjacent Goodell property roosting trees,must be addressed in a subsequent EIR, as well as measures to mitigate any impacts to a level of insignificance. Page 18 Groundwater Wintersburg Channel north levee reconstruction impacts on groundwater. As documented in the attached WRC report(Exhibit C) and monthly ENVIRON reports (Exhibit D), the Wintersburg Channel north levee sheet pile reconstruction project commenced by the County of Orange in January 2008 has significantly impacted and lowered groundwater levels on the property. The subsequent future levee reconstruction work that is a condition of Parkside Estates CUP 96-90 has the potential to further reduce groundwater levels. Groundwater impacts on the CP(County Parcel)wetlands. This reduction of groundwater will significantly impact the CP wetland area for which EIR No. 97-2 finds the associated groundwater supply to be"tidally influenced" seepage from the channel. The monthly ENVIRON reports (Exhibit D) document significant groundwater reductions at all of the monitored wells,with CP-area wells LSA-8, LSA-10, LSA-12, and LSA-14 all eventually running dry. All four of these wells have never been dry at the same time in any earlier well data published prior to the sheet piling installation. The revised project includes restoration of a small wetland at the eastern edge of CP which had been destroyed by unpermitted fill prior to Shea's purchase of the property. The restoration area is immediately adjacent to the channel, and has likely been impacted by the same lowering of groundwater that the rest of CP has. The altered groundwater may reduce the chances of a successful restoration at this location. The Addendum EIR notes that restoration of the wetlands "may require supplemental water". Reduced availability of groundwater will most likely increase the need for supplemental water. A more intrusive conveyance scheme may be required to deliver the increased amount of supplemental water. Groundwater impacts on declared ESHA. This reduction in groundwater also has the potential to significantly impact the viability of the southern eucalyptus grove ESHA, and supplemental water may need to be supplied to ensure the viability of the ESHA. Given that raptors can frequently be observed flying between the southern and northern eucalyptus grove ESHAs,negative impacts to the southern grove may in turn cause negative impacts to the northern grove, such as more raptors trying to compete over smaller territory, or the reduction in territory completely excluding certain raptor species. Groundwater impacts to existing homes. CUP 96-90 obligates Shea Homes to complete the reconstruction of the Wintersburg Channel north levee by adding an exterior wall of sheet pile in combination with soil cement sandwiched between the current interior sheet pile and the future exterior sheet pile. The WRC report(Exhibit C) states that in addition to sheet pile design, the composition of the soil cement also has the potential to further reduce levee permeability and thus cause Page 19 additional significant impacts to groundwater. If development commences without a thorough understanding of the current groundwater environment and the potential impacts of future levee work design choices, groundwater levels could further decrease,resulting in subsidence damage to the newly constructed houses and potential damage to existing homes adjacent to the project. All of these groundwater-related impacts are significant and were not known during preparation of EIR No. 97-2. The impacts must be studied further and addressed in a subsequent EIR, as well as measures to mitigate any impacts to a level of insignificance. VI. CONCLUSION A subsequent EIR is clearly necessary, given the numerous changes in the project and in the circumstances under which the project would be undertaken, as well as new information which indicates the potential for substantial impacts on sensitive habitat since EIR No. 97-2 was prepared and certified. Any one of the items discussed herein would be significant enough to warrant preparation of a subsequent EIR; taken together they demand it. Some, but by no means all nor even nearly all, of the items listed above may have been considered by other agencies. However, the City of Huntington Beach has not given full and public consideration to any of the above listed items listed pursuant to CEQA. Prior to any additional discretionary action in furtherance of development of Parkside Estates, a subsequent EIR must be prepared. We note that, in accordance with Guidelines Section 15162(c), no other responsible agency shall grant an approval for the project until the subsequent EIR has been certified. Please keep us apprised of the progress of this project as it moves through the entitlement process. We look forward to reviewing and commenting upon the Notice of Preparation and the Draft SEIR when they become available. Sincerely, 77Vzvv,-- Paul Arms, President Bolsa Chica Land Trust Attachments: Exhibit A— Southern Tarplant Surveys Exhibit B—Raptor Sightings 2004—present Exhibit C—WRC groundwater report Exhibit D—ENVIRON monthly groundwater reports Page 20 EXHIBIT A Southern Tarplant Surveys Southern Tarplant Survey by Mark Bixby, May 23, 2009 Plant counts are approximate; red placemarks indicate greater counts,white indicates lesser counts. J i wt i t k A e �. Southern Tarplant Survey by Dena Hawes, May 16, 2009 Yellow areas indicate the range of southern tarplant on the Shea property; Goodell tarplants have been omitted. ;i � I E 1� Southern Tarplant Survey by Mark Bixby, May 26, 2008 F,ach} red dot denotes one or more plants within the GPS margin of error. y a _+ i Loll • •• 7Fi , It r • � j • ,0 EXHIBIT B Raptor Sightings 2004 - Present Two data representations are provided for each species. The first (top)representation uses identically-sized placemarks to denote each sighting location,but varies the level of red color saturation to denote the number of sightings at each location. Thus, fully red placemarks have the greatest number of sightings, and white placemarks have the least number of sightings. The second(bottom) representation varies the area of each placemark to correspond to the number of sightings at that location. Thus, a location with a placemark 10 times the area of the placemark of another location has 10 times the number of raptor sightings. These data are best view interactively using Google Earth. The underlying KML file can be provided upon request. sY- * Y � J •T tii i � e, ♦ate!„__ 1 R _,� ' �' } 3 r.. / � f*� ^ mil �dt ♦ R� ,�. Y • it i110 StZT., a t OWL Jo y - I � Y � k w l J Y l f e , y —x ct I „ Cooper's Hawk (Accipiter cooperii) • A a� ems. . � • ,_ s'- ` . .as?'1 u J • `j� `1 Great Horned Owl (Bubo virginianus) • I J + �A 4 f` J( � 1- TI. r."' I Pon s Merlin (Falco columbarius) 40-W tl i NO • J Y � e�? !�' \ k A � a Northern Harrier (Circus cyaneus) � J #`s. g 17. l Mk Ow Ir } rfi � � '_�: •1Lf1 'y Im — 4 � 1 1 _ y ' a + Peregrine Falcon (Falco peregrinus) 4. zk .: \ . MEOW ems. � s F , r -`%+� �,• a$,,,. ��•-g ,.r it `�q � i w 1 Red-Tailed Hawk (Buteo jamaicensis) r i .. rr 4Tfi f' ..w• . � �,!��J �(. .'ems?, �►.� t ' :LSi y yyi U9 .•+ - s..• a ;air tl ev t�w 4.-'ef " -y ice'' . *'Yb i e i e r J 1 W nw e f t t ---, MrLd 1 � ' Turkey Vulture (Cathartes aura) f loft y( l IIIII� • _ ` + a 4 Y � �� ` � / :Z ,� d� v � �♦ �;� a �� White-tailed Kite (Elanus leucurus) r� L 6 dL r L�U, r R (r r EXHIBIT C WRC — A Third Party Opinion Groundwater Impact Evaluation of the East Garden Grove — Wintersburg Channel (C05) Improvements A THIRD PARTY ®PINION GROUNDWATER IMPACT EVALUATION OF THE EAST GARDEN GROVE-WINTERSEURG CHANNEL (CG5) IMPROVEMENTS Prepared for: County of Orange, Public Works Orange County Flood Control District 300 N. Flower St. Santa Ana, California,92703 Prepared by: ffs-ml Consulting Services,Inc. WRC Consulting Services, Inc. 1800 E. Garry Avenue Ste. 213 Santa Ana, California 92705 Revised September 17, 2008 QOvESsjo* 0601 * yNb! 19944 3 Exp. Lan Weber, P.E., Ph.D.,C35894 Stephen Anderson, PG,CHG,551 Leighton Consulting Inc. TABLE OF CONTENTS 1. INTRODUCTION .............................................................................. 1 2. PROPOSED IMPROVEMENTS ............................................................ 1 3. GROUNDWATER ELEVATIONS .......................................................... 2 3.1 Principal Aquifer ........................................................................ 2 3.2 Perched Groundwater ................................................................. 3 4. SOILS CHARACTERISTICS ................................................................ 4 5. PREVIOUS GROUNDWATER EVALUATION ......................................... 5 5.1 EIR 560 and Addendum ................................................................5 5.2 Orange County Flood Control District Staff Report on North Levee Sheet Pile Groundwater Impact ......................................................5 5.3 Environ Report ............................. ..................... .......................5 6. COMMENTS ON PREVIOUS ANALYSIS FOR NORTHERN LEVEE IMPROVEMENTS .......... .............................. ......................................6 7. IMPACT ANALYSIS SOUTHERN LEVEE IMPROVEMENTS .....................7 7.1 Qualitative Assessment ..............................................................7 7.1.1 Groundwater Flow Direction ..................................................7 7.1.2 Stratigraphic Control of Flow ................................................7 7.2 Quantitative Analysis ................................... ..............................8 7.2.1 Insufficient Data and Data Needs ...........................................8 7.2.2 Special Consideration ..........................................................8 8. GENERAL CONCLUSION and RECOMMENDATIONS ............................9 8.1 Establishing Baseline and Maintaining Overall Downstream Perched Groundwater ......................................................................... ....9 8.2 Focusing In Critical Zone of Influence ...........................................9 8.3 Well Monitoring ........................................................................10 8.4 Soils Replacement and Other Design Modification .........................10 9. SUMMARY ......................................................................................11 10. REFERENCES ................................................................................12 LIST OF TABLE Table 1 Principal Aquifer Groundwater Elevation LIST OF FIGURES Figure 1 Principal Aquifer of 2006 Figure 2 Unconfined Groundwater Depth Contour Map Figure 3 Solis Profile MACTEC 2003 Figure 4 OCFCD Staff Engr. Rendering of Intermingled Soil Layer Figure 5 Well Location Map Figure 6 Water Elevation,Tides and Rainfall data Figure 7 Example Seepage Flow Profile NN A Third Party Opinion Groundwater Impact Evaluation of The East Garden Grove-Wintersburg Channel (COS) Improvements 1. Introduction This report presents a third party review of the groundwater impact evaluation of the levee improvement project titled "East Garden Grove-Wintersburg Channel (C05) Improvements 3,800 feet Downstream of Graham Street (Station 74+25)" prepared by Orange County Flood Control District (References 1 and 2). This report was based on the scope of work presented to Orange County Public Works and approved on July 18, 2008. This first report does not intend to fulfill all the scope items. Other detailed work will be conducted as more data become available. On January 28, 2008, Orange County Flood Control District implemented an emergency repair project in the C05 Channel with a 45-foot long sheet pile inserting through the northern levee from Station 36+00 to 74+25 of the C05 Channel. This has raised some concern on the depletion of the seepage flows currently available from the channel for the beneficial use of the floodplain such as the wetlands located north of the channel approximately 2,500 feet downstream of Graham Street. The concern extends to potential subsidence of the existing homes south of the channel should similar improvement be required for the southern levee. This report describes the existing groundwater and soils conditions and provides a third- party opinion of the currently available evaluation by others. Based on the review, an evaluation of the southern levee improvement and soils replacement is included, and a general recommendation is offered. 2. Proposed Improvements The East Garden Grove-Wintersburg Channel (C05) consists of soft bottom and earthen levees on both banks. The levee tops are largely elevated from the adjacent floodplain. The elevation of the levee top is above +10 feet mean sea level (msl), while the Orange County Public Works WRC Consulting Services,Inc. Groundwater Impact Evaluation of C05 Channel Improvement Page t RN WRC floodplain elevation is approximately at the mean sea level. The channel bottom is very flat throughout the reach with an approximate elevation of -4 feet msl. The leveed channel is part of the Bolsa Chica tidal prism with subdued tides; the tidal range in the channel was measured on January 9-10, 2008 by Environ (Reference 3) as -2 ft to +1 msl (tidal water depth in the channel varies from 2 to 5 feet). Proposals to improve the project reach were initiated due to the concern of potential levee failure and subsequent damages to the adjacent homes. Currently, the southern floodplain is developed to the outside toe of the leveed bank, and a vacant land and a wetland parcel mentioned above exists along the northern bank. This vacant land was previously proposed for housing development by Shea Homes. The proposed improvements included a reinforced box culvert on the outside face of each levee in 2004 which was subsequently redesigned and constructed in 2007 with a sheet pile 45 feet long from the top of the levee. Based on the levee elevation stated previously, the sheet pile tip will be approximately at-35 feet msl. The northern levee sheet pile wall was constructed in January, 2008. The sheet pile joint was specified as PZ Interlocks manufactured by Skyline Steel without any type of sealant and was constructed as specified to allow some seepage (References 1 and 2). Future northern levee improvement may include a second sheet pile wall parallel to the installed sheet pile wall and a soil cement mixture in between the wails. The same improvement for the northern levee is also proposed for the southern levee. 3. Groundwater Elevations 3.1 Principal Aquifer Orange County Water District has maintained and monitored groundwater wells within its jurisdiction. WRC has obtained all the high groundwater contour maps available for 1944 to 1945, 1956, and 1965 to 2006 (Reference 4). These data pertain to the principal aquifer only; OCWD did not monitor the unconfined, perched groundwater that occur within the floodplain adjoining the channel. Review of the groundwater contour maps show that principal groundwater moves generally from inland toward 1-405, but its direction is influenced by the local groundwater low points pending on the specific project site location. Figure 1 shows the 2006 groundwater contour map. The groundwater flow in the project area is in a northeasterly and easterly direction, reverse of the storm flow. The apparent change of flow direction may reflect drawdown caused by municipal well production. In1998 and Orange County Public Works WRC Consulting Services,Inc. Groundwater impact Evaluation of C05 Channel Improvement Page 2 W�� previous years, the groundwater direction is parallel to the channel in a southwesterly direction. Relevant to the proposed improvement, it should be noted that the groundwater elevation in the project vicinity was lower in 2001 compared to prior years and has been increasing during recent years. A summary of the contour map elevation near the specific location of Springdale Street at Warner Avenue (which is northeast of the project site) indicates that the groundwater elevation was down to -80 feet msl in 2001 and has increased to -35 feet msl in 2006. There are no data from 2007 and 2008 to observe this trend, but the higher principal aquifer elevation observed in 2006 should be taken into consideration in further improvement with a deep foundation. 3.2 Perched Groundwater There are very limited data available for analysis pertaining to the perched groundwater elevations_ The only regional data found for the project area is shown on Figure 2 which is part of the seismic resources published by the California State Department of Conservation in 1998 (Reference 5). Based on this figure, the historic shallow groundwater depths have occurred from 3 to 10 feet below the ground surface (bgs) in the immediate vicinity of the channel. Other sporadic measurements found in a few borings and test pits shown in previous geotechnical reports (References 6-9) are similar to the State data. There has been no updated information regarding the direction and distribution of the unconfined groundwater aquifer in the project area specific to the C05 channel and its floodplain of concern. This information is critical for evaluation of any potential interruption of groundwater by the sheet pile wall. The groundwater flow direction for shallow groundwater is northwest according to the published State data (1998) of historically highest groundwater (Figure 2) and contrasts to the natural flow direction of the principal aquifer (Reference 4) as well as the surface storm flow pattern from inland toward the beach (southwesterly). This apparent discrepancy may result from a strand of the Newport-Inglewood fault zone mapped by the California Department of Water Resources in 1968 (Reference 6) and referred to as the Bolsa-Fairview fault. It is possible depths to perched groundwater are greater to the northwest because of vertical displacement on the Bolsa-Fairview fault. This occurs along faults because of displacement of the perched groundwater zones and decrease of groundwater flow;measurements of depths to groundwater in a distance from the fault near the project site may demonstrate flow directions more consistent with regional trends. Orange County Public Works WRC Consulting Services,Inc. Groundwater Impact Evaluation of COS Channel Improvement Page 3 WRC Deposition of lower Holocene alluvium on the Bolsa basal sands sediments consisted of intertidal/marsh flats with small outwash channels. The deposition of these sediments occurred from higher elevations inland towards the coastline. Hence, the slope of these sediments controls the perched groundwater flow direction. The flow direction should be from the northeast to the southwest consistent with the regional trend of the principal aquifer. Although local pumping and engineering controls may influence the perched flow direction, the overall flow direction should parallel the channel alignment. 4. Soils Characteristics The project area contains generally silt, clay, sand, silty sand, sandy silt, silty clay, and some gravel in the lower stratum, with inhomogeneous distribution of these soil layers both horizontally and vertically (References 6-9). Soils profiles along the levee were interpreted by MACTEC (Figure 3, Reference 7) and Orange County flood control staff (Figure 4, Reference 10) based on discrete logs on one or both levees. The two levee profiles generally indicate a pervious sand zone in the upper elevations, highly impervious clay or silty clay zone in the middle, and a highly pervious sand zone in the lower elevations relative to the installed sheet pile depth (45 feet bgs). The implication to the potential seepage flow and pattern, however, is very different for these two profiles. This is due to the distribution and size of lenses of pervious layers. The distribution of the permeable and impermeable zones can greatly affect the seepage flows. Since these zones cannot be determined precisely with existing logs, the seepage flow estimates can vary based on the interpretation of the soils profiles, even for the existing levee without sheet pile. With sheet pile insertion, the seepage path becomes more complicated and is likely to be altered depending on: • Soil lenses at the interlock locations; • Potential of local disruption of some of the minor impermeable layers; and ® Potential of seepage through the interactive area of soil and sheet pile surface. With the interplay of the permeable and impermeable zones, it is difficult to completely characterize the seepage flow hydrology and hydraulics through the existing earthen levees. It is also difficult to estimate the reduction through any semi-permeable devices such as the sheet pile wall with unsealed joints or concrete wall with weep holes. Any gaps of permeable zones will allow the seepage flows to pass through and the overall hydraulic conductivity to increase, regardless of the presence of the impermeable zones at some locations or elevations. These gaps are present in the project areas, for example, Logs B-1 and B-2 on the southern levee of the 2003 Mactec report (Reference Orange County Public Works WRC Consulting Services,Inc. Groundwater Impact Evaluation of C05 Channel improvement Page 4 Ma WRC 7) show consistent permeable soils columns consisting of large sandy or silty zones throughout the boring depth of more than 40 feet bgs. 5. Previous Groundwater Evaluation 5.1 EIR 560 and Addendum The final environmental impact report for the C05 channel improvement was initially certified in 1998 based on the previous design (Reference 11). An addendum describing and analyzing the revised sheet pile design was subsequently recertified in 2007 (Reference 12). The EIR and its Addendum concluded that there are no significant impacts to the groundwater in the project vicinity and there are no mitigation needs. No specific groundwater analysis was found for review. 5.2 Orange County Flood Control District Staff Report on North Levee Sheet Pile Groundwater Impact This report is a supplemental document to the design report based on the concerns of potential groundwater impacts to the adjacent properties raised by the Coastal Commission, Shea Homes, and other stakeholders (Reference 10). The report concluded that there is no significant impact on the groundwater movement based on the following analysis results: • The flow lines through the existing levee will be redirected to the interlocks which have high permeability as stated by the manufacture. The sheet pile wall is only six inches thick which will not cause additional hydraulic loss at the interlocks. The resulting hydraulic conductivity is similar to the materials within the existing levee. ® Even if the interlocks are sealed, the overall seepage flows were estimated only about 10% reduction compared to the without-sheet pile condition. No significant impacts on the perched groundwater. • The bottom of the sheet pile is 15 feet higher than the principal aquifer and will not impact the principal aquifer. 5.3 Environ Report Two monitoring wells were installed by Environ in early 2008 on the northern levee near the Coastal Commission's wetland (Figure 5, Reference 3): one on the channel side of the sheet pile wall (ENV-2) and the other on the landside of the sheet pile wall (ENV-1). Environ monitored the wells and published the first monitoring report (Reference 3). This report shows that the groundwater elevations for these two wells were slightly Orange County Public Works WRC Consulting Services,Inc. Groundwater Impact Evaluation of 005 Channel Improvement Page 5 1lV RC lower than that measured at the channel (ENV-3) prior to sheet pile placement. Note that the ocean tide elevations in Figure 5 are in different datum: mean lower low water (mllw) and is not consistent with other measure measurements in mean sea level (msl). The water elevations for ENV-1 decreased dramatically from near the channel tidal elevation to -5 ft msl immediately after the sheet pile construction as shown in Figure 6. The post construction well elevation for ENVA is similar to the groundwater elevations observed in the area. 6. Comments on Previous Analysis for Northern Levee Improvements The conflicting results of analysis on the groundwater impact may arise from the assumptions made for each analysis or observation. The analysis tends to be focused on "seepage through the wall" which is hard to specify in this case as stated in Section 4. For the impact study, it may need to be focused on the overall potential impacts on perched groundwater within the floodplains with attention to the needed protection in a short distance from the toe of the levee. The seepage paths and dynamics of the flow changes near the insertion point are important to address for the structure stability design. The impervious zones may not be contiguous and seepage flows will pass through the gaps of pervious flows. Further, as soon as the pressure builds up in front of the sheet pile, there would be sufficient gradient to allow transverse movement of the flows to the permeable area beyond the project reach. The Environ well ENV-1 is located within the steep gradient area of the levee seepage flow which can be dramatically affected by any localized changes such as insertion of the sheet pile (see Figure 7). In addition, localized disturbance by sheet pile driving might also contribute to downward movement of the seepage flow for a certain depth. Significant drop in this well after sheet pile insertion does not imply the same results applicable to the floodplain areas. The Orange County Flood Control District staff analysis utilized simplified parameters for baseline soils and sheet pile seepage comparisons. For seepage flow computation, it assumed all seepage flows to occur under the completely sealed sheet pile which was not the intention of the design and impact avoidance to the principal aquifer. For hydraulic conductivity estimates, verification of the head loss assumption might be needed in order to justify the conclusion. The implied assumption of dominant horizontal flow movement with a boundary constraint may not be representative of the field condition. Many of the assumptions used for modeling the process of seepage through the sheet pile wall may be challenged, such that questions arise concerning the validity of conclusions. Orange County Public Works WRC Consulting Services,Inc. Groundwater Impact Evaluation of C05 Channel Improvement Page 6 ft WRC Sheet pile is traditionally considered as a wall with much reduced ability to pass flows; piping associated with uplift pressure at the downstream toe is typically an important factor of design consideration due to the seepage flow interruption. The unsealed joint will offer similar hydraulic conductivity as the existing soil but the dynamics of flow contraction and expansion through the narrow opening will induce hydraulic losses. A further complication is the introduction of additional downward flows in two or more components: (1) downward flow potential through inhomogeneous permeable layers, and (2) downward flow potential due to alteration of the seepage path by the sheet pile insertion as stated in Section 4. A physical model or field monitoring in representative locations might be the needed tool to credibly quantify the potential interference with the groundwater and levee seepage flows by the sheet pile wall with unsealed joints. The staff report stated that the depth of groundwater is -50 ft msl; the highest water table varies with time as indicated in Table 1. The rising water table in recent years creates additional concerns of any interaction of the downward seepage flows with the principal aquifer, Principal aquifer depth must be confirmed and the design depth of the sheet pile must be reevaluated. A balance between the structure stability and groundwater impact must be achieved to derive an optimal solution. 7. Impact Analysis Southern Levee Improvements Most of the review and discussions presented above are applicable to the southern levee based on the following observations: (1) the soils profile for the southern levee is similar to the northern levee — in fact, the soils data from both levees were used to generate the soils profile — and (2) the floodplain elevations relative to the channel, levee, and tidal elevations are similar. 7.1 Qualitative Assessment 7.1.1 Groundwater Flow Direction Review of the groundwater contour maps shows that groundwater in the principal aquifer moves along the channel direction (either northeasterly or southwesterly, see Section 3.1). Similarly, the flow direction for shallow groundwater is anticipated to move parallel to the channel (see discussion in Section 3.2). This suggests that the flow will not be significantly impeded by the installation of sheet pile on the southern levee. 7.1.2 Stratigraphic Control of Flow Flow will occur through lenses and continuous zones of permeable sediments within and at the end sections of the sheet pile wall. If the sheet pile wall reduces horizontal Orange County Public Works WRC Consulting Services,Inc. Groundwater Impact Evaluation of C05 Channel Improvement Page 7 11VRC movement of the existing groundwater or seepage flow, the downward flow will be increased and discharged through the interlocks located within a highly permeable zone. The restricted horizontal flows can be also released through the permeable zones at the end sections of the wall. This will not be a concern, if the hydraulic conductivity and seepage rate through the sheet pile is proven relatively high compared to the existing soils by other quantitative or experimental analysis. 7.2 Quantitative Analysis 7.2.1 Insufficient Data and Data Needs There is not sufficient soil or groundwater data to perform a reliable quantitative analysis of the groundwater impact potential for the south levee improvements. Information on the baseline conditions regarding perched groundwater south of the levee is needed. There is a need to further characterize the soils profile and understand the existing groundwater seepage pattern. This could be achieved by installing nested monitoring wells at appropriate locations south of the levee in the residential area. The flow seepage analysis (Reference 10) and groundwater monitoring (Reference 3) for the northern levee may serve as the "project condition" for comparison to the baseline condition on the southern floodplain. The results, however, are inconsistent and inconclusive and may not be immediately applicable to the southern levee design. The Environ well located on the levee behind the wall shows a significant drop of groundwater after the sheet pile installation. A closer look at the result reveals that the well water drops from the channel tide elevation to the groundwater level of -5 ft msl, which is consistent with historical observed groundwater data. Other wells located on the floodplain (not on the levee), if measured, would be a better representation of the groundwater changes. Further tests on the seepage rates through the sheet pile wall and better design of the monitoring wells are recommended, should the need for a quantitative analysis and/or long term observation arise. 7.2.2 Special Consideration Since the southern floodplain involves structures immediately adjacent to the levee, a more careful evaluation of the areas and time duration of impact are necessary. A quantitative analysis representative of the short and long term conditions under the high and low tide influence is recommended for the area adjacent to the levee. This area had noted groundwater changes previously when the channel tides were influenced by the tide gate operation, according to Mr. Carl Nelson, previous Public Works Director for the Orange County Public Works WRC Consulting Services,Inc. Groundwater Impact Evaluation of C05 Channel Improvement Page 8 ON WRC Cs-a.y Yk.y Ya Orange County Environmental Management Agency (Reference 13), Baseline condition should be established for comparison with the proposed project. This can be achieved by field monitoring with properly designed wells, or mathematical simulation with verified hydraulic parameters for sheet pile wall combined with permeable and impermeable soils. 8. General Conclusions and Recommendations 8.1 Establishing Baseline and Maintaining Overall Downstream Perched Groundwater Continuity of the recharge flows from the tidal channel to the adjacent ground and passage of the existing subsurface flows under the sheet pile wall seem to be the primary concerns of the stakeholders. Seepage through the soils and wall is an interim process (not the end result) and the focus should be on the overall perched groundwater elevations and flow directions within the floodplain. Perched groundwater baseline conditions should be assessed (both quantity and quality) and attention should be focused on the overall downstream perched groundwater surface elevations within the floodplain. A well planned monitoring well network will provide the existing shallow groundwater information (see well monitoring below). These wells can be used to monitor the post construction condition of the perched groundwater. The data will provide stakeholders with long-term results of changes to groundwater elevations relative to baseline and support defense against future liability. 8.2 Focusing in Critical Zone of Influence For the downstream side of wall, the primary concern is the drawdown area extending from the sheet pile wall (see Figure 7). Backwater submergence may occur and time of disturbance is a factor of consideration when a drawdown occurs. For the upstream side of the wall, concern includes possible elevated groundwater due to impingement. This concern can be addressed with a groundwater simulation given reliable input data. Currently, reliable input data is not available. Any modeling or calculation results may be subject to interpretation. Monitoring data can be used for the baseline as well as for the post construction conditions. Well logs from installation of the monitoring wells, as well as additional boreholes, will provide further information to determine the distribution of lenses, permeable zones and boundary conditions. For the improvement condition, the seepage flow rate per unit area with high and low tides should be tested, if a more realistic quantitative analysis is required. The entire orange County Public Works WRC Consulting Services,Inc. Groundwater Impact Evaluation of C05 Channel Improvement Page 9 WRIq spectrum of the wall needs to be considered including sheet pile, joint, interface of the wall with the soils, and soil lenses and thickness behind the wall. Laboratory tests with varying recharge conditions on one side of the wall and various materials behind the wall can provide answers to these questions. 8.3 Well Monitoring WRC recommends conducting additional field monitoring at locations and depths which represent interaction between the channel flow and the shallow perched groundwater. The recommendations include the following: • Installation of nested monitoring wells upstream of the Environ well locations within the low existing ground on each side of the canal (at least 100 feet away from the base of the levee, if permitted). A nested monitoring well will be constructed in each perched zone below the canal invert. This will require evaluation of the boring logs to determine if distinct aquicludes exist between zones of higher permeability. • Installation of nested monitoring wells in residential streets south of the canal based on results of the wells installed along the canal. • Application of a tracer compound to the canal and recording of the arrival times in the nested wells adjacent to the canal. The results will be used to determine the horizontal and vertical flow velocity to each perched zone at the selected well locations. • Continuous measurement of groundwater levels and salinity using downhole data loggers. In addition, groundwater samples will be collected and analyzed for general chemistry and stiff diagrams constructed to determine the relationship of channel tidal water to shallow water in the perched zones. 8.4 Soils Replacement and Other Design Modification Soils column variability can significantly alter seepage rates. Depending on the objectives, this relationship must be carefully evaluated. Soil cement can be permeable only when the sand content is high and cement content is low. This composition will increase permeability significantly compared to the existing impermeable layers. The higher seepage rate is good for groundwater movement and can compensate for potential reduction of the horizontal seepage flows through the sheet pile wall. However, where impermeable layers are extensive, the permeable soil cement segment will serve as the channel for downward flows to the bottom of the sheet pile, which Orange County Public Works WRC Consulting Services,Inc. Groundwater Impact Evaluation of C05 Channel Improvement Page 10 MM WRC defeats the purpose of soils replacement, In some case, this creates negative impacts to the areas relying on surface recharge such as the wetlands. As stated previously, a clear and reliable distribution of the permeable and impermeable lenses is important for evaluation of design modification to the existing levees. Any design modification which can minimize the changes to the existing groundwater flow and seepage conditions may be better than those changes that may create new problems. The needs for structure stability, or to compensate the hydraulic loss due to levee improvement, however, will be the primary factor of consideration. The sheet pile impact can be reduced if it is only applied to the highly clayey zones (see middle zone of the soils profiles). Where space is available, other less-intrusive structures (which do not require deep embedment or which provide sufficient drainage) are encouraged to be applied in order to maintain the "permeable gap" for releasing the seepage flows. Future design may consider weep holes preformed through the sheet pile wall based on the soils permeability to release the seepage flows. Based on the soils profile, the upper 20 feet is permeable and weep holes can be placed at 10-, 15-, and 20-feet below the top of levee in this case. Rising elevations of the principal aquifer in recent years should be monitored (see 2006 groundwater contour) and the depth of pile will need to be modified accordingly to reduce the potential impact to the quality of the principal aquifer (there is no concern regarding the impact to the quantity in the permeable zone). 9. Summary Although the sheet pile wall seepage potential has been acknowledged by environmental and public works agencies, it is fundamentally a retaining wall which in theory may change the flow pattern. The sudden drop of seepage water elevation behind the wall is a normal process of seepage flow change in response to the sheet pile insertion as shown in Figure 7. This sudden drop downstream of the wall can be also caused by local disruption of the clay layer during driving the sheet piles. In reference to the potential soil profile with lenses of clay zones, the disrupted clay layer can result in much less resistance and higher conductivity in the vertical movement than the horizontal movement. Alteration of the seepage path stated above, however, does not warrant the perched groundwater impact in the floodplain downstream of the sheet pile wall. Considering the inhomogeneous distribution of permeable soils strata throughout the project area, a Orange County Public Works WRC Consulting Services,Inc. Groundwater Impact Evaluation of C05 Channel Improvement Page 1 I WK more likely scenario is partially altered hydraulic capacity and streamlines without a major disturbance behind the wall. It is not anticipated that a segment of the wall without completely confined impervious boundaries will cause significant reduction in the overall flows passing through the interlocks and edges of the wall. Flows can bypass the blind spots through the permeable boundaries, or the partially obstructed flows due to hydraulic reduction can be redirected downward to much higher permeable zones. It should be noted that with higher pressure build up, steeper gradient will form in order to achieve hydraulic equilibrium. Unless there is a completely sealed sheet pile and a solid barrier extending each way from the project, major alteration to the downstream unconfined aquifer is not likely to occur. If the wall extends to form a barrier, maintaining seepage flow through the wall is the only means to reverse the potential impact to principal and perched groundwater. Care should be taken to verify the seepage capability of the sheet pile wall (and not to form a barrier) prior to continued improvement upstream and downstream. The floodplain development on the low land did experience more problems than the other elevated areas even without any improvements to the levee. Groundwater and levee seepage flows are transported in a complex manner through the inhomogeneous lenses and zones of permeable and impermeable soils. Groundwater and seepage flow movement is further compounded by local fault zones and pumping activities. Therefore, Orange County Public Works activities cannot be considered solely responsible for any negative changes. Baseline condition can be established for comparison with the proposed project. This should be focused on the overall groundwater changes with attention to some critical areas closer to the levees. The sheet pile installed is less than 4,000 feet with a permeable joint. If a unit area of the wall face and joints with permeable materials behind the wall can be tested for its hydraulic efficiency versus the soils alone, the calculations or simulation of the seepage flows performed will be very valuable for design (as well as defending the impacts). Monitoring wells will also provide information relating to the baseline and proposed conditions if properly designed, monitored, and results interpreted. 10. References 1. "East Garden Grove-Wintersburg Channel North levee Emergency Project (Facility No. C05)" prepared by Orange County Flood Control District. October 2007. Orange County Public Works WRC Consulting Services,Inc. Groundwater Impact Evaluation of C05 Channel Improvement Page 12 WRC [-f7 ih.y lu 2. "East Garden Grove-Wintersburg Channel North Levee Emergency Project (Facility No. C05) Specifications" prepared by Orange County Flood Control District. October 2007. 3. "Monthly Ground Water Level Report" prepared by Environ International Corporation. March 2008. 4. "Groundwater Contour Maps" prepared by Orange County Water District. November 1944-1945, November 1956, November 1965-2006. 5. "Seismic Hazard Zone Report for the Seal Beach 7.5 Minute Quadrangle Los Angeles and Orange Counties, California" prepared by Department of Conservation, Division of Mines and Geology. 1998 (revised 2001, 2005, 2006). 6. "Preliminary Geotechnical Investigation for the Proposed Residential Development Tentative Tract 15377 City of Huntington Beach California and Tentative Tract 15419 County of Orange, California" prepared by Pacific Soils Engineering Inc. February 1998. 7. "Draft Report of Geotechnical Investigation Proposed East Garden Grove Wintersburg Channel C05 Improvement, Southwest of Graham Street From Station No. 48+00 to Station No. 74+25 Huntington Beach, California" prepared by MACTEC Engineering and Consulting of Georgia, Inc. May 2003, (This report includes 2001 Boring Logs) 8. "Draft Report of Geotechnical Investigation Proposed East Garden Grove Wintersburg Channel C05 Improvement, Southwest of Graham Street From Station No. 48+00 to Station No. 74+25 Huntington Beach, California" prepared by MACTEC Engineering and Consulting, Inc. June 2004. 9. "Geotechnical Engineering Investigation East Garden Grove-Wintersburg channel (C05) Emergency Project North Levee Station 36+00 to Station 50+00 Huntington Beach, Orange County, California", prepared by Hushmand Associates, Inc. December 2007. 10."East Garden Grove-Wintersburg Channel C05 Graham St. to Sta. 46+00 Supplemental Report for Press-in Sheet pile," prepared by A. Fayad. November 2007. 11."Final Environmental Impact Report for East Garden Grove-Wintersburg/Oceanview Channel system (C05/C06) EIR No. 560" prepared by Michael Brandman Associates. February 1998. 12. "East Garden Grove-Wintersburg Channel (C05) Improvements Addendum to Environmental Impact Report No. 560", prepared by BonTerra Consulting. August 2007. 13.Personal Communication: Carl Nelson and Lan Weber, WRC Consulting Services, Inc. August, 2008. Orange County Public Works WRC Consulting Services,Inc. Groundwater Impact Evaluation of C05 Channel Improvement Page 13 WIC A Third Warty Opinion Groundwater Impact Evaluation of The East Gardon Grove-Wintersburg Channel (C05) Improvements TABLES Orange County Public Works WRC Consulting Services,Inc. Groundwater Impact Evaluation of C05 Channel Improvement TABLE 1 PRINCIPAL AQUIFER (NEAR SPRINGDALE ST. AT WARNER AVE.) YEAR ELEVATION (FT) BELOW MEAN SEA LEVEL 2006 -35 O o O 2005 -40 A j am 2004 -60 v v 2003 -60 a 0 2002 -60 v 2001 -80 2000 -65 U � � 1999 -45 ro 1998 -45 00 cn u TABLE 1 GROUNDWATER EVALUATION FOR EAST PRINCIPAL AQUIFER GROUND WATER ELEVATION GARDEN GROVE-WINTERSBERG CHANNEL (CO5) IMPROVEMENTS WRC WRC A Third Party Opinion Groundwater Impact Evaluation of The East Garden Grove-Wintersburg Channel (C05) Improvements FIGURES Orange County Public Works WRC Consulting Services,Inc. Groundwater Impact Evaluation of C05 Channel Improvement JUNE 2006 G�DYE Groundwater Elevation Contours \l "" in the Principal y Aquifer Zones Sou7hnesf Quadrant 07 OC1Yil \ \\ dv FOJM i., SPRIMG�N.t R 1'M1LLCY ` O WANNr„•, na ER wVE �� P .10 June 2006 Water Levels Ff91 ,51 7 7�,..,r.�N P� Groundwater Elevatlo (Feet. MSL) -m- 10 \ —0 S� J Q'anpa County`A&er 061rcl .4 0 "tS N N _ f d N >r 1 0:*V , 2 u=si - L1 - 1) U 1 N v u u / W W E -o U / c f/ a 0 S 0 4 f9 � J e�Ml'1 `U 0 O N FIGURE 1 GROUNDWATER EVALUATION FOR EAST PRINCIPAL AQUIFER OF 2006 GARDEN GROVE-WINTERSBERG CHANNEL (C05) IMPROVEMENTS WRC _ice _77- �4 a cl� O Lo Li j .C,. I 'i co C� 30 rD =rWa'illefcl�lve.iG LL9 L:� �' � U G z I Lr +-) co Q k' i�,i,-tea �✓�'rr4.�wtt fi�� 1y t � •-�i,��,"'���.�A -.r� -�,Y s' .a "Q -+-� C7 g� dd e e 5�• F ll v 03 04 E a fitt "' Q) `-) ,` -•L`�i. ��k{ d N Ql O < �° �L'•� _ t-7 q,. _ _ 'li - � � �7 Lei er ,� vo 41 v-j r--p m m }4 a �a 4J p r6 FIGURE 2 GROUNDWATER EVALUATION FOR EAST UNCONFINED GROUNDWATER DEPTH GARDEN GROVE-WINTERSEERG CONTOUR MAPCHANNEL (C05) IMPROVEMENTS wFv 4v 6106TCN4040 &T^TWN 71�n 1 20 --waxw4or asedn'Op mov 20 grow fiftAj AM&) BORNG 2 some mot4mrs." 9FAIM IPS 10. CL OIL aORM 10 bofuNG 4 vllTww3o romwaomshma Lo4mbc c L scrom L E 0 . ;- ML-- �-- - 0-,-1 SOF I SILTS wjkk cLAyS > 4-) sm L U Sr, 'DurE 1� 7 �4 4J NOTTom Q�Kp io I 7w 7�- 0 4 -Q C) C) (1) + ko ML -21D 4 41 00 M.L M 0 a4 U STIFF wid CLAYS SOFT 4J LO SILTS co -3u q) -30. a > 6w Gp 0 4-) CZ �4 CP 0) 4J 0 SIN �4 Lo ki-4 0 -410- 4J I- -: 0 CL-W sw U ',A �4 U 4-4 , '—Z?' 44 0 q) 4J SP 0 0) (o �4 W W 4J DENSE to VERY DENSE SANDS ;nd GRAVELS 0 4J fy) sm 10 u� �:; r- ,j W c- 0 Q $, -0 it 4J 0 0 S-4 13 $4 0 4-) 4-) 4-) vo 4-4 eo o tr 4.J LCI -.-j gEOLOGIC SECTION A-A' 0 (D Panwt4AuY LIGLIEF6ULf L-AITRS NOVARONTAL MIGALA I-ft 2OF Bt Ir a) MAYIC&L SCALZ I'm I W 0 �� I- r- CL 41 .11 0 �4 0 0 C FIGURE 3 GROUNDWATER EVALUATION FOR EAST SOILS PROFILE MACTEC 2003 GARDEN GROVE-WINTERSBERG CHANNEL (CO5) IMPROVEMENTS wnKc -b Qxw- avaeL *A-0 cg::-�wk�-- ALdLe If) to -.1 (ZD u c- ............... u w FDA k-L W �4 -PA. -0 0 �4 0 42 Q 0 hm WeN *0 6 14-7 In's CD 3q c CD C� ptl c:: S, Of �60 40 L-L) En CD 73 to CD r LD cc :3 rO 0 j-j GO tj,) Q FIGURE 4 GROUNDWATER EVALUATION FOR EAST OCFCD STAFF ENGR. RENDERING OF INTERMINGLED GARDEN GROVE-WINTERSBERG SOIL LAYER CHANNEL (C05) IMPROVEMENTS wp1c. ... s. �' -Shea Pro erty, L EN V4 'CP Wetland Parcel „r•` LSA-a e� i GaOoo o " �/ • A Qwa t a m LSA-10 LSA-12 6ao°° �41 > o n LSA-t r' ENV-1 ;. , id � 0 o '. Le.S.nd -0 " ENV-2 tv . , ENVIRON Wells � v c - - LSA Wefts { *e( N tiT �Fiy Sheet Pile �, c . �1, •_ Prop"Boundaries IIIL VC a - c . o U � > � 7 ) C FIGURE 5 GROUNDWATER EVALUATION FOR EAST WELL LOCATION MAP GARDEN GROVE-WINTERSBERG CHANNEL (C05) IMPROVEMENTS WRC 4 - a _ -- Sheet Pile Installation - - - - January 28, 2008 >1 A J 04 � Q El 1.1 � 004 .N 1 �� � U o u 0 2 �,_t a i � r ENV-3 a u 4 — ENV-2 _.. — - — - — a 0 ENV-1 " " M o 3 U _5 Vaes a , Precipitation 7 — 00 Lay N 7-Jan 14-Jen 21-Jan 28-Jen 4-Feb 11•Feb 1&Fea >, c L N 0 r O H Z r. •• o > > o r. vi w FIGURE 6 GROUNDWATER EVALUATION FOR EAST WATER ELEVATION, TIDES AND RAINFALL DATA GARDEN GROVE-WINTERSBERG CHANNEL (C05) IMPROVEMENTS WRC 14E 0 " P � w � � a4 c O 01 N � T c � '• a � v 1 , raU Iaw rn a O U 0 ,0 a N T N 'p S S N L .. K ui m q •. H .y o TA fA -Q FIGURE 7 GROUNDWATER EVALUATION FOR EAST EXAMPLE SEEPAGE FLOW PROFILE GARDEN GROVE-WINTERSBERG sZ' CHANNEL (CO5) IMPROVEMENTS WRC EXHIBIT ENVIR®N Monthly Ground Water Level Reports Bryan Speegle,Director O R A N G E C O U N T Y 300 N.Flower Street W Santa Ana,CA Public v . ®rks P O. Box 4048 Santa Ana,CA 92702-4048 our Community. our Commitment. Telephone: (714)834-2300 Fax: (714)834-5188 April 14, 2008 �` • - trt}I Karl Schwin r ";1'caa� g California Coastal Commission �PI? 7 b 200 Oceangate, 1 Oth Floor Long Beach, CA 90802-4416 1°C" S�" L ��/A Mf�l/ssrc�l� Mark Johnsson California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 John Dixon California Coastal Commission 710 E Street, Suite 200 Eureka, CA 95501 Subject: First Monthly Ground Water Level Monitoring Report for the East Garden Grove Wintersburg Channel, North Levee, City of Huntington Beach, Orange County, CA Attached, please find a copy of the first monthly Ground Water Level Monitoring Report for the East Garden Grove Wintersburg Channel, North Levee. This report is the first in a series of six monthly Monitoring Reports that will be submitted to the California Coastal Commission, as per condition 9b, of the Emergency Coastal Development Permit, 5-07-025-G. Should you require additional information, please do not hesitate to contact me at 714-834- 2340. Si'�cerely, o an, ing Supervisor ry Perm its/RDMD/Project Management Attachment R Monthly Ground Water Level Report Prepared for: RBF Consulting Irvine, California Prepared by: ENVIRON International Corporation Irvine, California March 2008 Project#04-18529A E N V I R 0 N Monthly Ground Water Level Report Prepared by: ENVIRON International Corporation 2010 Main Street, Suite 900 Irvine, California 92614-7215 Tel: (949) 261-5151 Fax: (949) 261-6202 Nicholas Steenhaut, PE Senior Associate Mauricio H. Escobar, PG Senior Manager George O. Linkletter, PhD, PG Principal and Senior Vice President 04-18529A ; E N V I R 0 N Monthly Ground Water Level Report Contents Page 1.0 Introduction ...........................................................................................................................................1 2.0 Background...........................................................................................................................................3 3.0 Field Activities References....................................................................................................................4 3.1 Well Installation.....................................................................................................................................4 3.2 Well Development.................................................................................................................................5 3.3 Well Surveying......................................................................................................................................5 3.4 Downhole Equipment Installation..........................................................................................................6 3.5 Data Collection......................................................................................................................................6 3.6 Deviations From Planned MRP Activities .............................................................................................7 4.0 Data Presentation .................................................................................................................................9 5.0 Data Discussion..................................................................................................................................10 6.0 Closing ................................................................................................................................................11 List of Tables Table 1: Survey Data for ENVIRON Wells and Channel Probe..........................................................6 Table 2: Comparison of Laboratory and Field Measured Salinity .......................................................7 List of Figures Figure 1: Site Vicinity Map Figure 2: Well Location Map Figure 3: Water Elevations, Tides, and Rainfall Data Figure 4: Salinity Figure 5: Water Elevations and Tides, January 9-10, 2004 List of Appendices Appendix A: Photolog Appendix B: Well Permits Appendix C: Soil Boring and Well Completion Logs for ENV-1 and ENV-2 Appendix D: Laboratory Reports Q\R\RBF Consulting\Huntington Beach Wetlands\Monthly Monitoring Reports\First Monthly Report\First Monthly GW Report Revised Final 040108.doc 04-18529A ;; E N V I R 0 N Monthly Ground Water Level Report 1 .0 Introduction ENVIRON International Corporation (ENVIRON) is pleased to present this Ground Water Level Monitoring Report (Monitoring Report)to RBF Consulting (RBF) and Orange County Public Works (OC Public Works). This document is the first in a series of six monthly Monitoring Reports that will be prepared for RBF and OC Public Works for submittal to the California Coastal Commission (CCC), as specified in Task 6 of ENVIRON's December 17, 2007, Final Revised Ground Water Level Monitoring and Reporting Plan (MRP). The MRP is being implemented to satisfy some of the main permit conditions of the CCC for the County's installation of the now completed sheetpile reinforcement along a 3,800 foot stretch of the northern levee of the East Garden grove Wintersburg Channel (CCC Permit No. 5-07-025-G). Specifically, the purpose of the MRP and this first, and subsequent, monthly Monitoring Reports, is to provide an assessment of the hydrologic effects and potential impacts to wetlands at the 5-acre "County Parcel" (CP Wetlands parcel) following installation of the aforementioned sheetpile. The CP Wetlands parcel is located in Huntington Beach, California, adjacent to the northern levee of the Wintersburg Channel, approximately 2,500 feet west of the Graham Avenue bridge (Figure 1). The climate at the project site is Mediterranean, with warm summers and mild winters. The median annual rainfall for the last 30 years in the vicinity of the site is approximately 8.71 inches', most of which generally occurs in the winter months. Based upon limited information for the site provided by LSA Associates, Inc. (LSA), wetlands at the CP Parcel have historically been hydrologically influenced by rain events and the adjacent Wintersburg channel. According to LSA, Pacific Soils previously prepared a hydrologic study for the adjacent Shea Parcel, which included the CP Wetlands parcel. The study reportedly showed that ground water flow direction was away from the channel toward the base of the adjacent bluff to the north and west of the CP Wetlands parcel. LSA also reported that LSA Wells 10, 12, 14, and 16 located within the CP Wetlands parcel showed evidence of tidal influence from the adjacent channel. This report presents the details of field procedures and protocols used by ENVIRON for installation and development of the two ground water monitoring wells (ENV-1 and ENV-2) placed along the top of the northern levee of the Wintersburg channel, as well as the probe (ENV-3) installed in the center of the channel. Details are provided of the downhole equipment used to continuously monitor water level and salinity in the wells and channel. The report also presents downhole water level and conductivity (salinity) data collected prior to sheetpile installation (from January 7 to approximately January 28, 2008) and subsequent to sheetpile installation (approximately January 28 to February 18, 2008). Figures 1 and 2 show the general vicinity of the site, the specific locations of the ENVIRON wells and probe, the sheetpile, and a ' LSA. March 21, 2002. Delineation of Wetlands Subject to U.S.Army Corps of Engineers and California Coastal Commission Regulatory Authority. Parkside Estates Tentative Tract No. 15419. County of Orange, California. 04-18529A 1 of 11 E N V I R 0 N Monthly Ground Water Level Report number of LSA wells in the CP Wetlands parcel. Although the locations of the wells are fixed, it is expected that, over time, the channel will erode the channel side of the levee until the sheetpile is reached. This will result in Well ENV-2 essentially becoming a channel probe, but should not materially affect Well ENV-1. A photo log showing the project site and neighboring parcels is provided as Appendix A. 04-18529A 2 of 11 E N V I R O N Monthly Ground Water Level Report 2.0 Background As stated in the preceding Section as well as the MRP, water level and conductivity measurements are being collected by ENVIRON on behalf of RBF and OC Public Works and at the request of CCC, to assess hydrologic effects and potential impacts to wetlands at the 5-acre CP Wetlands parcel following installation of the sheetpile reinforcement along a portion of the northern levee of the East Garden Grove Wintersburg Channel. According to OC Public Works, the reinforcement activities were necessary to mitigate deteriorating conditions of the levee from erosion and burrowing animals, and to prevent possible collapse during future storm events. It is expected by OC Public Works that the earthen berm on the channel side of the sheetpile will continue to deteriorate over time through further erosion and animal burrowing activities. 04-18529A 3 of 11 E N V I R 0 N Monthly Ground Water Level Report 3.0 Field Activities References ENVIRON's field activities were carried out in accordance with the provisions set forth in the MRP. Prior to conducting any field work, ENVIRON notified RBF, OC Public Works, and other appropriate parties to identify and address questions or concerns about the implementation process of the MRP. In a number of instances, it was necessary to conduct a site walk before commencing specific field tasks. During the field activities, ENVIRON staff complied with appropriate site safety requirements, in general accordance with California and Federal Occupational Safety and Health Administration (OSHA) regulations. An OSHA compliant site-specific Health & Safety Plan (HASP)was used by ENVIRON while performing the work described herein. The various tasks performed during this phase of the work included well installation, well development, well surveying, downhole equipment installation, and data collection. These tasks are described in further detail in the sections that follow. 3.1 Well Installation On January 2, 2008, ENVIRON installed two wells, ENV-1 and ENV-2, on top of the northern levee of the Wintersburg Channel, adjacent to the central portion of the CP Wetlands parcel, and on opposite sides of the future sheetpile, which was later installed along the top of the levee (Figure 2, Appendix C). In addition, on the same date ENVIRON also installed a channel probe, ENV-3, which was secured to the center of a bridge that crosses the channel, approximately 500 feet east of the CP Wetlands parcel, between Graham Street and Oil Bridge Road (Figure 2). The well locations were determined in conjunction with County staff and the CCC, and were based on their proximity to potentially tidally influenced LSA wells in the CP Wetlands, as well as their position relative to concrete block ("enviroblock") reinforced portions of the levee to allow for optimal maneuvering room for well installation equipment Prior to initiating drilling and well installation activities, ENVIRON verified with OC Public Works that no underground utilities existed in the proposed boring locations. Also, a well permit was obtained on December 20, 2007 from the Orange County Health Care Agency, Environmental Health Division, Water Quality Program (Permit No. 07-12-31). A copy of the permit is attached as Appendix B. The wells were installed using a track-mounted limited access hollow-stem auger drill rig operated, at the direction of ENVIRON, by WDC of Orange, California. Consistent with procedures set forth in the MRP, borings were drilled to approximately 20 feet below ground surface (bgs). Based upon static ground water levels, 2-inch diameter wells, with screened intervals approximately between 9 and 19 feet bgs, were constructed in accordance with the specifications provided in the MRP. Soil borings and well completion logs were completed 2 The enviroblock exists in several of the most eroded locations along the levee. 04-18529A 4 of 11 E N V I R 0 N Monthly Ground Water Level Report based upon lithologic information gathered from soil cuttings and well construction details, as implanted in the field. Copies of these logs are provided as Appendix C. Additional details of the procedures followed during well installation can be found in Attachment A of the MRP. The channel probe, which was placed at the center of the Wintersburg Channel, was constructed of an approximately 15-foot, 2-inch PVC casing, slotted over the bottom 10 feet. The probe was fixed to the bottom of the channel by driving a steel rod into the floor of the channel at low tide. The top of the channel probe terminates in a locking steel box, which was mechanically fixed to the top of the bridge. 3.2 Well Development On January 4, 2008, both wells installed on top of the levee were developed in accordance with procedures outlined in the MRP. Development began with the use of a disposable plastic bailer, which was physically lowered into each well and emptied until the initial sediment within each well had been purged. Next, a 2-inch Grundfos Redi-Flo pump powered by a portable generator was used to evacuate water from each well. The pump was initially placed approximately 1 foot off the bottom of the wells and its speed was adjusted to maintain a constant pumping rate with minimal drawdown. Both wells equilibrated at between 0.25 and 0.5 gallons per minute. Once this pumping regime had been achieved, the pump was surged up and down the screened interval until the discharged water was visually less turbid. Intermittently throughout this process, the water was tested for turbidity using a Horiba U-10 water parameter meter. Development was considered complete when turbidity reached a value of 5 NTU, or less, on at least three consecutive readings. The water produced during the development of the wells was discharged onto the top of the levee, as approved by OC Public Works. For this purpose, a shallow depression was created in the top of the levee to allow the discharged water to infiltrate into the soil without running off the sides of the levee. After completion of the well development, this shallow depression was restored to grade level. Approximately 50 gallons were evacuated from each well as part of the development process. 3.3 Well Surveying On January 8, 2008, a County of Orange survey crew was on site to establish the physical location and the top of casing (TOC) elevation of the northern rim of the two ENVIRON wells and the channel probe. Coordinates were established in the State Plane system using the North American Datum of 1983 (NAD83)—Zone 6, measured in feet, and reported as Easting and Northing. Elevations were established using the National Geodetic Vertical Datum of 1929 (NGVD29), leveled in 1992, and measured in feet above mean sea level (ft AMSL). 04-18529A 5 of 11 E N V I R 0 N Monthly Ground Water Level Report Table 1 shows the locations and elevations of the wells and channel probe.. Table 1: Survey Data for ENVIRON Wells and Channel Probe Well ID Easting Northing Elevation ENV-1 6017162.67 2205668.02 9.61 ENV-2 6017166.49 2205650.84 9.06 ENV-3 6018096.12 2206033.74 10.76 3.4 Downhole Equipment Installation Water level and salinity data were collected from the wells using downhole dataloggers (In-Situ Troll° 9500) installed on January 7, 2008. For the first few days after installation, regular check- ups were performed in the field to ensure proper operation of the equipment. The downhole dataloggers have the capability to store data internally at designated time intervals. For ENV-1 and ENV-2, data was collected at 20 minute intervals, at ENV-3, the channel probe, the datalogger was set to collect data at 10-minute intervals due to the higher degree of variability anticipated in the channel as compared with ENV-1 and ENV-2. During the installation of the downhole equipment, the units were calibrated using a vendor-provided calibration solution and a Solinst°water level meter. 3.5 Data Collection As described in the preceding section, continuous water level and salinity data collection at Wells ENV-1, ENV-2, and channel probe ENV-3 began on January 7, 2008, which was prior to installation of the sheetpile along the top of the northern levee. These pre-sheetpile data, herein referenced as "baseline data,"were collected continuously through completion of sheetpile installation on or about January 28, 20083. The data presented in this Monitoring Report includes that collected through February 18, 2008. Because the initial data set presented in this report included baseline data, it was important and necessary to conduct multiple field visits to ensure that downhole equipment was working properly, and within acceptable specifications. During these visits, ENVIRON staff downloaded data and recalibrated the units using a calibration solution (QuickCal) provided by the manufacturer (In-Situ Inc.). When downloading data, the remaining battery power was checked for each unit, and batteries were replaced as needed. Water levels were manually calibrated by measuring depth to water from the top-of-casing (TOC) using a Solinst°water level meter. As a secondary means of calibrating salinity measurements, ENVIRON also collected water samples for analysis of conductivity and salinity for submittal to a fixed environmental sampling laboratory, American Analytics Laboratory (AAL) of Chatsworth, California. Salinity samples 3 In this context, sheetpile installation refers to the specific point in time when the sheetpile was completed in the area between ENV-1 and ENV-2. Actual sheetpile construction spanned a period of several weeks. 04-18529A 6 of 11 E N V I R 0 N Monthly Ground Water Level Report were collected on January 7, 8, and 21, 2008. The salinity sampling results, as well as comparisons to the readings simultaneously recorded in downhole equipment are presented in Table 2. Laboratory reports for the salinity samples are provided as Appendix D. Table 2: Comparison of Laboratory and,Field Measured Salinity Well ID Date and Time Laboratory Transducer Relative Percent Salinity(PSU) Salinity(PSU) Difference ENV-1 1/7/2008 13:30 14 15.95 13% 1/8/2008 11:00 14 16.08 14% 1/21/2008 10:00 14 14.67 5% ENV-2 1/7/2008 13:20 12 15.86 28% 1/8/2008 11:20 14 17.26 21% 1/21/2008 10:45 15 17.44 15% ENV-3 1/7/200813:48 3.6 0.04 196%* 1/8/2008 10:05 18 3.8 130%* 1/21/2008 8:40 31 29.11 6% * Large discrepancies are due to datalogger calibration issues. On January 21, 2008 the unit was recalibrated, greatly reducing the difference between the two values (see also Figure 4). 3.6 Deviations From Planned MRP Activities The following bullet list represents deviations from planned MRP implementation activities for the period between January 2 and February 18, 2008. ■ During a site visit on February 6, 2008, the data logger for ENV-2 was found to have a defective battery compartment, and water intrusion caused the unit to short circuit. A replacement unit was immediately obtained from the manufacturer, and data collection resumed on February 8, 2008. However, water level data were not recorded in well ENV-2 between February 2 and 8, 2008. The malfunction in the data logger for ENV-2 occurred after sheetpile installation and was temporary (quickly rectified); therefore, this deviation from the plan is not considered significant. ■ There was a notable change in the salinity data collected in the channel probe (ENV-3) on January 21, 2008, with larger fluctuations and higher peak values after that date. We believe this change is due to a recalibration conducted that day, more closely aligning the transducer readings with actual conditions. The single laboratory data point collected after the January 21, 2008 recalibration seems to correspond better to transducer measured salinity values than previously collected lab data (Table 2). ENVIRON will continue to closely monitor the salinity data being collected at probe ENV-3 and repair or change out 04-18529A 7 of 11 E N V I R 0 N Monthly Ground Water Level Report equipment as necessary. This issue will be readdressed in the next monthly Monitoring Report to be issued middle of April 2008. At the present time, the issue of salinity data from probe ENV-3 prior to January 21, 2008, is not considered significant. 04-18529A 8 of 11 E N V I R 0 N Monthly Ground Water Level Report 4.0 Data Presentation Figure 3 shows the water elevations for the two ENVIRON wells, and the channel probe. The graph also includes tidal fluctuations and precipitation events, although the absolute magnitude of these parameters is not represented on the graph's Y-axis. Figure 4 shows salinity data for the two ENVIRON wells and the channel probe. Salinity is expressed on the graph in practical salinity units (PSU), and both data logger salinity (continuous lines) as well as lab measured salinity values (single dots) are represented on the graph. Figure 5 shows a 48-hour period of water elevations at the ENVIRON wells, as well as tide elevations, both expressed as feet above mean sea level (ft AMSL) on the graph's Y-axis. The 48-hour period shown on the graph spans January 9 through 10, 2008. There was no recorded rainfall on either of those dates. 04-18529A 9 of 11 E N V I R 0 N Monthly Ground Water Level Report 5.0 Data Discussion Water levels observed in baseline data in Wells ENV-1, ENV-2, and channel probe ENV-3 clearly show tidal influence, as evidenced by comparing it to known tidal fluctuations. Baseline data trends observed in Figure 3, and more closely in Figure 5, suggest a delayed response to ocean tides of roughly two and a half hours at low tide, to four hours at high tide in all three monitoring points. The delayed response is likely due to the fact that ocean water reaching the channel, and the project site in particular, must travel several thousand feet before reaching the channel probe. Listed below, are general observations made for the period of January 7 through February 18, 2008. ■ On January 28, 2008, the approximate day the sheetpile was installed between Wells ENV-1 and ENV-2, a clear disturbance of water levels was observed in both wells. Thereafter, although the tidal influence is still present, water levels in Well ENV-1, which is on the CP Wetlands parcel side of the sheetpile, began to drop at a steady rate, and the magnitude of the tidally influenced fluctuations decreased. Water levels in Well ENV-1 were approximately 3 to 5 feet lower on February 18, 2008 than they had been during the baseline period. • Well ENV-2, which is on the channel side of the sheetpile, continued to track the tidal fluctuations following sheetpile installation. In contrast to Well ENV-1, Well ENV-2 had noticeably increased amplitude in tidal fluctuations, as compared to its pre-sheetpile fluctuations. This effect is likely the result of water accumulating against the sheetpile at high tide, where previously it had migrated hydrologically downgradient, in the direction of the CP Wetlands parcel. • Field-recorded salinity data generally showed good correlation with laboratory-reported values, specifically in Wells ENV-1 and ENV-2 (Figure 4 and Table 2). Although the large fluctuations of salinity values in the channel probe correspond to the rising and falling tides, it is not clear if there was any effect on salinity from sheetpile installation. Also, the fluctuations appear sudden after approximately January 21, 2008. This is most likely due to a recalibration of the sensor on that day. Figure 4 suggests that extreme low values of salinity seem to correlate with low tides and with periods of precipitation; the latter would increase storm water runoff passing through the channel. • Recently, following a request by CCC, and the securing of site access to the CP Wetlands parcel from Shea Homes, ENVIRON installed pressure transducers (AquaTrolls) in four LSA wells (LSA-8, LSA-10, LSA-12, LSA-14). Data from these wells will be reported and discussed in next month's report. 04-18529A 10 of 11 E N V I R 0 N Monthly Ground Water Level Report 6.0 Closing This report constitutes the first in a series of six monthly Monitoring Reports. The next report will be submitted in the middle of April 2008, at which time we will present the data collected between February 18 and March 17, 2008 from the three ENVIRON wells, and four LSA wells. After the six monthly reports have been published, a Summary and Conclusions report will be prepared containing conclusions and recommendations pertaining to the effect of the sheetpile on wetland hydrology, to the extent possible. 04-18529A 11 of 11 E N V I R 0 N Monthly Ground Water Level Report Figures E N V I R 0 N Ie:l •111 ■ silo use i■F] J� urc, ve�er�1 --•+ F� ' i4 High Sch aigeejl� 'Wheeler C ZS.0 FIl _ -. I Sla spark _ � r �L Klld R1 NBER l2 �F Law �� I ll_``\`l1 1 ( I ` '—a �� �11a•a� �fL ✓6�J�N li I �— 1�`S lJ� 'brs�i+... Vail �e.r hay II IA j _ 4 y' L.1� : lid= 4 L A B 0 L ` 5 C _2 yS x� p�Ul njg(IR 1�11ihm�i l?� t it Ccw t y rlYL CAA Im aE WINiERSAUP4r - yfadeP it hark fit I -1'•(p(�. �+/E •� •� � WARNER.E_�' WCII II 1 ark ViOal �� a0g=___.-` - n o_ Shea Homes I crn a ProPeftles EP1PlNland` — — �:— nE= ss ilYe s„ r, I: � o F PROJECT 1i�• / i, SITE 0 �I . . F \� ' a 2000 r4000 �. SOLiRCE WGS Map 15 Mm Senes(Topog2pMc)SEAL BEACH QUAD Caldomia Terrasa SCALE IN FEET $ Site Vicinity Map Figure E N V I R O N County of Orange 1 Huntington Beach, California k �- - - y Shea Property,li . - t en ENV CPf Wetland Parcel ra°°e\ ,ti Gsw � aKs- , ' ,•LSA-10 ` �� •. . `,�eet6�`�\e(S�V� -.... . ..' rr� LSA-12 ® G<o� Ae =LSA 14y - Sys\Ga � _ a� . � ENV-1P J i%� •' • m i �,I 0 , .f ;' j • Lee end 1 • ENVIRON Wells \01 10 f'_ F '� • LSA Wells Sheet Pile Property Boundaries Note:Locations of Property Boundaries and �' ,� CD Sheet Pile are approximate OR l Image Source:Eagle Aerials(County) ENV 1 R O N Well Location Map I'`` comaa Or. , � 2 Huntm'e Bead alih•D . , _,�• Dreher OWL Dee: ➢AY/ w D rtrae N.M.I: 004BReq nppumrvJ Ae�6ed: sae.ay.�owa�aar�.�.r Water Elevations, Tides, and Rainfall Data 5 4 ----- ---- - -- - -- -- -- — — ---- — 3 Sheet Pile Installation 2 Januaa 28 2008 i Q o ;-11— W 0 -3 ENV-3 - ENV-2 ENV-1 Tides Precipitation -G 7-Jan 14-Jan 21-Jan 28-Jan 4-Feb I1-Feb 18-Feb Tidal Data: Huntington Cliffs near Newport Bay T 111 e UTM Zone 11 33.6603°N, 117.9980'W 7 ENV 1 R O N water Elevations, Tides, and Rainfall Data Figure County Of Orange Huntington Beach,California Drafter: DML Date. 3/7/08 Contract Number. 04-18529A Approved. Revised. Salinity 40 35 -- 30 Sheet Pile Installation January 28, 2 2s - — - - ai 20 - a_ 2^ • m 15 • ENV-1 10 ENV-2 O ENV-3 5 • ENV-1 Lab • • ENV-2 Lab • ENV-3 Lab ' 0 g Precipitation s Tides ka 7-Jan 14-Jan 21-Jan 28-Jan 4-Feb 11-Feb 18-Feb Tidal Data: Huntington Cliffs near Newport Bay Time UTM Zone 11 33.6603°N. 117.9980°W Salinity Figure ENVIRONJ County Of Orange 4 Huntington Beach,California Drafter: DML Date: 3!7/08 Contract Number: 04-18529A Approved: Revised. Water Elevations and Tides January 9-10 2008 ENV-3 ENV-2 6 ENV-1 ' - - - -Tides 5 Q c 3 0 > W 2 1 0 s IR _ a f -2 5 `0:00 4:00 8:00 12:00 16:00 20:00 0:00 4:00 8:00 12:00 16:00 20:00 0:00 $d Tidal Data: Huntington Cliffs near Newport Bay 8 UTM Zone 11 33.6603' N, 117.9960`W Time Water Elevations and Tides - January 9-10, 2008 Figure E N V I R O N County Of Orange 5 Huntington Beach,California Drafter: DML Date. 3p/08 Contract Number: 04-18529A Approved. Revised. Monthly Ground Water Level Report Appendix A. Photolog E N V I R 0 N S t r View of access bridge located between Oil Bridge Road and Graham Avenue. The Photo 1• photograph is looking north across the channel in the direction of the Shea Homes parcel.Note the ongoing installation of sheetpile. The photo was taken on January 7, 2008. Channel probe ENV-3 is fixed to this bridge on its western edge. View looking west along Wintersburg Channel from the location of probe ENV-3 Photo 2: (metal lock box). The northern levee is on the right of the picture. The bridge visible in the distance is Oil Bridge Road. Title: Monthly Report Approved: Project No.: Date: Site: Wintersburg Channel Levee MHE 0418529A March 2008 Client: RBF Consulting/RDMD E N V I R 0 N View looking south from the northern levee of Wintersburg Channel. The white Photo 3: PVC casing attached to the access bridge is ENV-3; the casing terminates in the metal lock box shown in Photo 2. r r�. View looking at the CP Wetlands Parcel to the west-northwest from the top of the Photo 4 northern Wintersburg Channel levee. Concrete reinforcement("enviroblock") structures are visible on the left side of the photo. Wells ENV-1 and ENV-2 are located adjacent to the nearest enviroblock. Title: Monthly Report Approved: Project No.: Date: Site: Wintersburg Channel Levee MHE 0418529A March 2008 Client: RBF Consulting/RDMD E N V I R 0 N View looking east along the top of the northern levee of the Wintersburg Channel. To the immediate left of the photo are the CP Wetlands parcel and the Shea parcel Photo 5: beyond it. Wells ENV-1 (left- yellow riser)and ENV-2 (right—flush mounted concrete pad), as well as the fencing where the enviroblock is located are visible in the foreground. Note that the field equipment in the center of the photo is resting on the top of the sheetpile. The bridge in the distance is the location of probe ENV-3. View looking west along the top of the northern levee of the Wintersburg Channel. Photo 6: To the immediate right of the photo is the sheetpile, and beyond that,the CP Wetlands parcel. Well ENV-2 is visible as a flush-mounted concrete well box. Degradation of the levee is visible in this photo; erosion is expected to continue. Title: Monthly Report Approved: Project No.: Date: Site: Wintersburg Channel Levee MHE 0418529A March 2008 Client: RBF Consulting/RDMD E N V I R 0 N Monthly Ground Water Level Report Appendix B: Well Permit E N V I R 0 N 12/20/2007 15:24 7148345791 RDMD RIGHT OF WAY PAGE 01/04 APPLICATION FOR WELL CONSTRUCTION PERMIT ORANGE COUNTY MRALTH QAIRE AGENCY 1241 E.OYER ROAE3.SUITE 120 17141 A33•60no W4ARDNMENTALHESALTM'DPAZION SANTA ANA,CA 9270547ft FAX; (714)43.164W CITY QATE Vzo v WELL LOCATION (ADDRESS IF-AVAILABLE) C7 LLr�Atx s t+ Ne4 �C a l `» M NAME OF WELL OWNER i #/t 1 !}� TYPE OF WELL(CH.ECKJ PRCeS SURVEY ❑ '1 ADDRESS l PRIVATE 00MESTIC ❑ MONITORING �. , PUBLIC OaMfrSTIC © SOIL BORING Q m CITY ZIP TELEPHONE IRRIGATION ❑ OTHER ❑ i.If CATHODIC [� TOTAL NUMBER _�„. NAME OF CONSULTING FIRM /14v4't"15 11 X B BUSINESS ADDRESS A. WALL$- SUBMIT A WELL CONSTRUCTION QIAIa#iAM gc* �ClaL4d9JY4 '8M�» �0- '7"/ (INCLUDE DIMENSIONS) CITY ZIP TEIL1 PHONE �05 WWe4 i 10' •�+� B 501.BORINGS ANP PROSES- NAME OF l]R.fj,L1NG co. C•57 I,ICEs15E N TOTAL DEPTHvW i!�J C" 1a '053 SEALING MATFRIAL i9& CITY( ZIP TELEPHONE C&*fvL 1 �. a G. PROPOSED START DATE ... DIAGRAM OF WELL SITE(11se ad6tionsi sheets and ar AttHChmentsl I hirreby agree to comply in every respect with all f 3 t o) L( g ^Zs'�j ? requirements of the health Care.Agency a»dwith all ordinances and laws of the County of Orange and of the 1 7` (213) I L 3—b 3 0 E State gfCallfornio pertar'ningto well construction, recon,vtrucHon and destruction,including the require- ma;nt3 io maintain the integrity of all sipifitant Confining x0mes. yo-44 aP LIC S8 NATUFIE HATE ardr Mrn RaM r, PRINT NAME �PUN ATTACkr-D P4CN€NUM6ER FAX MUMflER FOR ACCOUNTING USE ONLY: DISPOSITION OF PERMIT(DO NOT FILL IK). HSQ N13 _ CHECK No.(��„[_� APPROVEd SU6J ECT TO THE FOLLOWING CONDITIONS; DATe �- O, MOLtNT �-�"'�✓� A. NOTIFY THIS AGENCY AT LEAST 48 HOURS INTL. � PRIOR T4 START, Pam- 6 C tA- APPAOVALBYOTHERA<GENCIES- PRIONTOSEAUNG THE ANNLILAHsPAC,EOR FILLING,or THE CONDUCTOR CASING. JUf11$DIGT1Ct0 _ I -- - - B. ❑ SUBMIT TO THE AGENCY WITHIN SO DAYSAFTEA EN 7 RAAKS _ COMPLETION OF WQRX,A WELL COMPLETION AEPORT fJi ANDJ01(DRILLING Lad$.PLEASE REFERENCE PERMIT NO. G, 9ECURE ALL MONITORING WELLS TOPRP-VP47TAMPERING. - D. ❑ OTHER DIEM j a zvo-7 PERMIT issUP6 0 DATE zy LO�Q AUTHOR17,BDSIGNATUPa DAT2 PHINiN"IE - PNaaE Numan WHEN SIGNED BY DAANGE COUNTY HEALTH CARE AGENCY REPRESENTATIVE,THIS APPLICATIDN IS A PERMIT. 'Y',F272-09.0803(P11101} Monthly Ground Water Level Report Appendix C: Soil Boring and Well Completion Logs for ENVA and ENV-2 E N V I K 0 N Site ID: ENV-1 Date(s): 1/2108 NV I R 0 N- Location: North Levee,Huntington Beach 2010 Main Street,Suite 900,Irvine,CA 92614-7215 Purpose: Monitoring Well Installation Contractor: WDC Exploration&Wells Logged By:T.Knapp Checked By: M.Escobar Drilling Method: Hollow Stem Auger-LAR 75 Borehole Dia.:8 in. Total Depth: 19.0 ft Sampling Method: No samples collected. GS Elevation: Not surveyed. TOC Elevation: 9.61 amsl Well Construction: X Coordinate: 6017162.970 Y Coordinate: 2205668.020 Blank Casing: Sch.40 PVC,2 in.diam. from 0 ft to 8 ft bgs Screen: from 8 ft to 18 ft bgs Project Number:0418529A GS Datum: NAD 83 Sch.40 PVC,2 in.diam., 9 0.010-in slot. Project Name: East Garden Grove Wintersburg Channel Annular Fill: Bentonite Cement from 0 ft to 1 ft bgs Remarks: Dispose of cuttings on top of levee,log from Medium Bentonite Chips from 1 ft to 6 ft bgs cuttings.Set ENVA at 18 ft bgs. Lapis Lustre#2/12 from 6 ft to 19 ft bgs m Jo a>>i Well Construction o 0 Material Description J E 2.5 ft above L > Q• m ground surface _N Z (D (0 LLI 0 � ML SILT(ML):Dark Brown(7.5 YR 3/2);damp;100%nonplastic fines. 1 11,Am, CL CLAY CL:Dark Brown 7.5YR 3/2;dam low plasticity. 10 r At 1 T:color change to Very Dark Gray 10YR 3/1 ;dam medium plasticity. ——— 0� ML SILT(ML):Dark Grayish Brown(10YR 4/2);saturated;100%nonplastic fines. O z w .... < 15 N O U < ... nu LL N Boring terminated at 19'bgs.Ground water was encountered approximately 12 bgs.Static W ground water was encountered at 11.25'bgs at 1350. a Q O Z W O CO J J W 0 O J w First encountered ground 3 - water o Static ground water Page 1 of 1 Site ID: ENV-2 Date(s): 1/2/08 ENV IRUAO'O" Location: North Levee,Huntington Beach 2010 Main Street,suite 900,Irvine,CA 92614-7215 Purpose: Monitoring Well Installation Contractor: WDC Exploration&Wells Logged By:T.Knapp Checked By: M.Escobar Drilling Method: Hollow Stem Auger-LAR 75 Borehole Dia.:8 in. Total Depth: 20.0 ft Sampling Method: No samples collected. GS Elevation: Not surveyed. TOC Elevation: 9.06 amsl Well Construction: X Coordinate: 6017166.490 Y Coordinate: 2205650.840 Blank Casing: Sch.40 PVC,2 in.diam. from 0 ft to 9 ft bgs Project Number:0418529A GS Datum: NAD 83 Screen: Sch.40 PVC,2 in.diam., from 9 ft to 19 ft bgs 0.010-in slot. Project Name: East Garden Grove Wintersburg Channel Annular Fill: Bentonite Cement from 0 ft to 0.5 ft bgs Remarks: Dispose of cuttings on top of levee,log from Medium Bentonite Chips from 0.5 ft to 7 ft bgs cuttings. Lapis Lustre#2/12 from 7 ft to 20 ft bgs a) J0 > Well Construction o $ Material Description -' (0 E L n m w 0 0 ML SILT(ML):Light Yellowish Brown(10YR 6/4);damp;100%non plastic fines. 5 CL CLAY(CL):Dark Brown(7.5YR 3/2);damp;medium plasticity. �:..... f:•rrr: :•rr:. At 11':color change to Dark Gray(10YR 4/1);damp;medium plasticity. aLU X W 0 a 15 0 o ___ _________________ __________________ ML SILT(ML):Dark Grayish Brown(10YR 4/2);saturated;100%nonplastic fines. ..... ;:. W 20 CL Boring terminated at 20'bgs.Ground water was encountered approximately 15'bgs.Static N ground water was encountered at 10.48'bgs at 1353. 0 z W O Q J J W U J w First encountered ground 3 - water 0 Static ground water Page 1 of 1 Monthly Ground Water Level Report Appendix ®: Laboratory Reports E N V I RON AMERICAN ' 9765 Eton Avenue Chatsworth ! California 91311 1 Tel: (818)998-5547 aNnwric§ ; Fax: (818)998-7258 January 10, 2008 Mauricio Escobar Environ (LA) 707 Wilshire Boulevard, Suite 4950 Los Angeles, CA 90017 Re : CP Wetlands A64168/8A09004 Enclosed is an analytical report for the above-referenced project. The samples included in this report were received on 01/09/08 12:54 and analyzed in accordance with the attached chain-of-custody. Unless otherwise noted, all analytical testing was accomplished in accordance with the guidelines established in our Quality Assurance Program Manual, applicable standard operating procedures, and other related documentation. The results in this analytical report are limited to the samples tested and any reproduction thereof must be made in its entirety. If you have any questions regarding this report or require additional information please call me at American Analytics. Sincerely, Viorel Vasile Operations Manager AMERICAN I Page 2 of 5 r. _ _ LABORATORY ANALYSIS RESULTS ANALVTICs Client: Environ (LA) AA Project No: A64168 Project No: NA Date Received: 01/09/08 Project Name: CP Wetlands Date Reported: 01/10/08 Sample ID Laboratory ID Matrix TAT Date Sampled Date Received Conductivity 120.1 ENV-1-200801071330 8AO9004-01 Water 5 01/07/08 13:30 01/09/08 12:54 ENV-2-200801071320 8AO9004-02 Water 5 01/07/08 13:20 01/09/08 12:54 ENV-3-200801071348 8AO9004-03 Water 5 01/07/08 13:48 01/09/08 12:54 ENV-1-200801081100 8AO9004-04 Water 5 01/08/08 11:00 01/09/08 12:54 ENV-2-200801081120 8AO9004-05 Water 5 01/08/0811:20 01/09/0812:54 ENV-3-200801081005 8AO9004-06 Water 5 01/08/0810:05 01/09/0812:54 Salinity SM 2520 ENV-1-200801071330 8AO9004-01 Water 5 01/07/08 13:30 01/09/08 12:54 ENV-2-200801071320 8AO9004-02 Water 5 01/07/0813:20 01/09/0812:54 ENV-3-200801071348 8AO9004-03 Water 5 01/07/0813:48 01/09/0812:54 ENV-1-200801081100 8AO9004-04 Water 5 01/08/08 11:00 01/09/08 12:54 ENV-2-200801081120 8AO9004-05 Water 5 01/08/0811:20 01/09/0812:54 ENV-3-200801081005 8AO9004-06 Water 5 01/08/0810:05 01/09/0812:54 Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue,Chatsworth,California 91311 Tel:(818)998-5547 • Fax: (818)998-7258 AMERICAN Page 3 of 5 m LABORATORY ANALYSIS RESULTS ANALVTICS j Client: Environ (LA) AA Project No: A64168 Project No: NA Date Received: 01/09/08 Project Name: CP Wetlands Date Reported: 01/10/08 Method: General Chemistry Analyses AA I.D. No. Client I.D. No. Sampled Prepared Analyzed Dilution Result Units MRL Conductivity 120.1 (EPA 120.1) 8A09004-01 ENV-1-200801071 01/07/08 01/09/08 01/09/08 10 29000 umhos/ 10 330 cm 8AO9004-02 ENV-2-200801071 01/07/08 01/09/08 01/09/08 10 24000 umhos/ 10 320 cm 8A09004-03 ENV-3-200801071 01/07/08 01/09/08 01/09/08 10 7400 umhos/ 10 348 cm 8AO9004-04 ENV-1-200801081 01/08/08 01/09/08 01/09/08 10 29000 umhos/ 10 100 cm 8A09004-05 ENV-2-200801081 01/08/08 01/09/08 01/09/08 10 27000 umhos/ 10 120 cm 8A09004-06 ENV-3-200801081 01/08/08 01/09/08 01/09/08 20 36000 umhos/ 10 005 cm Salinity SM 2520 (SM 2520) 8AO9004-01 ENV-1-200801071 01/07/08 01/09/08 01/09/08 1 14 Salinity 0.1 330 units 8AO9004-02 ENV-2-200801071 01/07/08 01/09/08 01/09/08 1 12 Salinity 0.1 320 units 8AO9004-03 ENV-3-200801071 01/07/08 01/09/08 01/09/08 1 3.6 Salinity 0.1 348 units 8AO9004-04 ENV-1-200801081 01/08/08 01/09/08 01/09/08 1 14 Salinity 0.1 100 units 8AO9004-05 ENV-2-200801081 01/08/08 01/09/08 01/09/08 1 14 Salinity 0.1 120 units 8AO9004-06 ENV-3-200801081 01/08/08 01/09/08 01/09/08 1 18 Salinity 0.1 005 units Viorel Vasile Operations Manager American Analytics• 9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547• Fax: (818)998-7258 AMERICAN I Page 4 of 5 rr _ LABORATORY ANALYSIS RESULTS ANALYTICs � Client: Environ (LA) AA Project No: A64168 Project No: NA Date Received: 01/09/08 Project Name: CP Wetlands Date Reported: 01/10/08 Reporting Spike Source %REC RPD lAnalAe Result Limit Units Level Result %REC Limits RPD Limit Notes General Chemistry Analyses -Quality Control Batch B8A 1005-NO PREP Blank (B8A1005-BLK1) Prepared &Analyzed: 01/09/08 Salinity <0.10 0.10 Salinity units Duplicate (B8A1005-DUP1) Source: 8A09004-01 Prepared &Analyzed: 01/09/08 Salinity 14.2 0.10 Salinity 14 1.42 20 units Batch B8A 1006-NO PREP Blank (B8A1006-BLK1) Prepared &Analyzed: 01/09/08 Specific Conductance (EC) <10 10 umhos/cm Duplicate (B8A1006-DUP1) Source: 8AO9004-01 Prepared &Analyzed: 01/09/08 Specific Conductance (EC) 28500 100 umhos/cm 29000 1.74 25 Viorel Vasile Operations Manager American Analytics-9765 Eton Avenue, Chatsworth,California 91311 Tel: (818)998-5547• Fax: (818)998-7258 AMERICAN ! ly Page 5 of 5 LABORATORY ANALYSIS RESULTS ANALYTICS j Client: Environ (LA) AA Project No: A64168 Project No: NA Date Received: 01/09/08 Project Name: CP Wetlands Date Reported: 01/10/08 Special Notes Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547^ Fax: (818)998-7258 E N V I R N AV/'V1/08 CHAIN—of—CUSTODY N® 02680 PAGE 1 of ®2010 Maln St., Suite 900 ® 707 Wilshire Blvd., Suite 4950 Q Irvine, Caill. 92614 We Angeles. Calif. 90017 i..�J'�7��; � �l� r � L a (949) 261-5151 (213) 943-6300 111 MSA#: Boll, (949) 261-6202 (lax) (213) 943-6301 (fan) �f PROJECT NAME / FACILITY ID: FIELD PERSON: LW.-At f>zge tmd' ' PROJECT NUMBER: DATE: {, IZQI C3 - Of Z 08 PROJECT MANAGER: /7. SA•l PROJECT LOCATION: 1�e44xra4 t LABORATORY: P}f1�- IS THIS A UST PROJECT OR IS EDF REQUIRED? Y N IF YES, GLOBAL IDYEAR SAMPLER: � „ W �' V � J� SIGNATUR ::..;:^: Li LLJ La a a a ,, c SAMPLE I.D. NUMBER N En N � COMMENTS o i3La O u4.*0) zb hoy.) - smdo g l,bD �LI Z- 14q@aot?Jl24f> loft 09 S � I II gyp o oe— "fib'► a-,:•�z-::r•••;T - - TOTAL X X X 1RELlNftS­HFfT ELINOUI TIME DATE: RECEIVED : �UG 7 E DA • !� "�� TURNAROUND TIME SAMEDAY 72 HOURS (CIRCLE ONE) 24 HOURS 5 DAYS EU140 (SHED BY: TIME/DATE: y` RECEIVED BY:� /'gip,Q� �T1ME T /q 48 HOURS NOR G (COMPAN)) A— ILIvlc LL1 P'/ D /i��J SAUpLE INTEGRITY IF SEALED, SEAL INTEGRITY BY: TIME/ RECEIVED BY: TIME T :COMPANY �0 INTACTOY N Temp INTACT: Y N li AME� 9765 Eton Avenue F a I Chatsworth j California 91311 Tel: (818)998-5547 ANAlY71CS Fax: (818)998-7258 January 23, 2008 Mauricio Escobar Environ (LA) 707 Wilshire Boulevard, Suite 4950 Los Angeles, CA 90017 Re : CP Wetlands A64173/8A21002 Enclosed is an analytical report for the above-referenced project. The samples included in this report were received on 01/21/08 13:51 and analyzed in accordance with the attached chain-of-custody. Unless otherwise noted, all analytical testing was accomplished in accordance with the guidelines established in our Quality Assurance Program Manual, applicable standard operating procedures, and other related documentation. The results in this analytical report are limited to the samples tested and any reproduction thereof must be made in its entirety. If you have any questions regarding this report or require additional information please call me at American Analytics. Sincerely, Viorel Vasile Operations Manager AMERICAN Page 2 of 5 M LABORATORY ANALYSIS RESULTS ANALYTICS Client: Environ (LA) AA Project No: A64173 Project No: NA Date Received: 01/21/08 Project Name: CP Wetlands Date Reported: 01/23/08 Sample ID Laboratory ID Matrix TAT Date Sampled Date Received Conductivity 120.1 ENV-1-200801211000 8A21002-01 Water 5 01/21/08 10:00 01/21/08 13:51 ENV-2-200801211045 8A21002-02 Water 5 01/21/0810:45 01/21/08 13:51 ENV-3-200801210840 8A21002-03 Water 5 01/21/08 08:40 01/21/08 13:51 Salinity SM 2520 ENV-1-200801211000 8A21002-01 Water 5 01/21/08 10:00 01/21/08 13:51 ENV-2-200801211045 8A21002-02 Water 5 01/21/08 10:45 01/21/08 13:51 ENV-3-200801210840 8A21002-03 Water 5 01/21/08 08:40 01/21/08 13:51 Viorel Vasile Operations Manager American Analytics• 9765 Eton Avenue, Chatsworth, California 91311 Tel:(818)998-5547• Fax: (818)998-7258 AMERICAN r � Page 3 of 5 LABORATORY ANALYSIS RESULTS ANALYTICs Client: Environ (LA) AA Project No: A64173 Project No: NA Date Received: 01/21/08 Project Name: CP Wetlands Date Reported: 01/23/08 Method: General Chemistry Analyses AA I.D. No. Client I.D. No. Sampled Prepared Analyzed Dilution Result Units MRL Conductivity 120.1 (EPA 120.1) 8A21002-01 ENV-1-200801211 01/21/08 01/21/08 01/21/08 20 30000 umhos/ 10 000 Cm 8A21002-02 ENV-2-200801211 01/21/08 01/21/08 01/21/08 20 30000 umhos/ 10 045 Cm 8A21002-03 ENV-3-200801210 01/21/08 01/21/08 01/21/08 50 65000 u mhos/ 10 840 Cm Salinity SM 2520 (SM 2520) 8A21002-01 ENV-1-200801211 01/21/08 01/21/08 01/21/08 1 14 Salinity 0.1 000 units 8A21002-02 ENV-2-200801211 01/21/08 01/21/08 01/21/08 1 15 Salinity 0.1 045 units 8A21002-03 ENV-3-200801210 01/21/08 01/21/08 01/21/08 1 31 Salinity 0.1 840 units Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547• Fax: (818)998-7258 AMERICAN i � Page 4 of 5 I LABORATORY ANALYSIS RESULTS RNALYTICS j Client: Environ (LA) AA Project No: A64173 Project No: NA Date Received: 01/21/08 Project Name: CP Wetlands Date Reported: 01/23/08 Reporting Spike Source %REC RPD lAnalyte Result Limit Units Level Result %REC Limits RPD Limit Notes General Chemistry Analyses -Quality Control Batch B8A2210-NO PREP Blank (BBA2210-BLK1) Prepared &Analyzed: 01/21/08 Specific Conductance (EC) <10 10 umhos/cm Duplicate (138A2210-DUP1) Source: 8A21002-03 Prepared &Analyzed: 01/21/08 Specific Conductance (EC) 64700 500 umhos/cm 65000 0.463 25 Batch B8A2211 -NO PREP Duplicate (138A2211-DUP1) Source: 8A21002-03 Prepared &Analyzed: 01/21/08 Salinity 30.9 0.10 Salinity 31 0.323 20 units Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547- Fax: (818)998-7258 AMERICAN Page 5 of 5 R711-1z ; LABORATORY ANALYSIS RESULTS ANALYTICS I Client: Environ (LA) AA Project No: A64173 Project No: NA Date Received: 01/21/08 Project Name: CP Wetlands Date Reported: 01/23/08 Special Notes Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547 • Fax: (818)998-7258 c N V ! R o N - f- 05360�ti37 ®2010 Mdn SI.,Suit.900 707 M5lMire Blvd.. Suite 4950 ry I� ® C� T DY N 2 PAGE ,,,�, —of kvine, Calif. 92614 Loe Angeles. CoHI. 90017 �C4 t t � Q- — �0 : (949) 281-5151 (213) 943-63DO (949)261-6202 (fax) (213) 943-6301 PROJECT NAME / FACILITY ID: FIELD PERSON: PROJECT NUMBER: DATE 1 1.2JI O L�Sr'LJ�u PROJECT MANAGER: PROJECT LOCATION: _ Ajo k i-(I fir) U cl f r.�i LABORATORY: Atie tacqu .. GS - IS THIS A UST PROJECT OR IS EDF REQUIRED? Y N IF YES, GLOBAL IDS 'a d/ IYEAR /\ •� 0 { SAMPLER: 8 � SIGNATUR I W W rz- 15 I- a x . ,• y m / SAMPLE I.D. NUMBER H H N a 3 � � V� COMMENTS p 4 - W► 0 INO � 1 li N TOTAL X UN M` TIME DATE: RE EIVE BY: bV��a a ( TIME OAT : '3 TURNAROUND TIME SAMECAY 72 HOURS 12 •7 (CIRCLE ONE) 24 HOURS 5 DAYS Z (COMPANY): - /R N R H BllTIME/DATE: /?:5� RECEIVED BY: 48 HOURS NORMAL. (COMPANY}: SANPLE INTEGRITY IF SEALED, SEAL {NTEGRITY R£U UISHED BY: TIME/DATE: RECEIVED BY; TIME/DATE: ---/7N - 4*cC O R A N G E C O U N T Y Bryan Speegle,Director 300 N.Flower Street P u b l i c ®rk s Santa Ana, 48 CA P.O.Box 4048 Santa Ana,CA 92702-40 Our Community. Our Commitment. Telephone: (714)834-2306 Fax: (714)834-5188 May 22, 2008 . Karl Schwing !i"�� n � ' California Coastal Commission 200 Oceangate, 1Oth Floor u14 Jlzi31�'� Long Beach, CA 90802-4416 Mark Johnson California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 John Dixon California Coastal Commission 710 E Street, Suite 200 Eureka, CA 95501 Subject: Second Monthly Ground Water Level Monitoring Report for the East Garden Grove Wintersburg Channel, North Levee, City of Huntington Beach, Orange County, CA Attached, please find a copy of the second monthly Ground Water Level Monitoring Report for the East Garden Grove Wintersburg Channel, North Levee. This report is the second in a series of six monthly Monitoring Reports that will be submitted to the California Coastal Commission, as per condition 9b, of the Emergency Coastal Development Permit, 5-07-025-G. In response to the CCC request to conduct vegetation monitoring, the Orange County Flood Control District (OCFCD) requested access authorization to enter Shea Homes' property to conduct the vegetation baseline survey, as well as three annual vegetation monitoring events. OCFCD is still in the process of negotiating terms and conditions and has not yet received formal authorization from Shea Homes to enter the CP Wetlands parcel for vegetation monitoring. Should you require additional information, please do not hesitate to contact me at 714-834- 2340. Sincerely, t,ad an, ine ring Supervisor Regulatory Perm its/RDMD/Project Management Attachment Monthly Ground Water Level Report Prepared for: RBF Consulting Irvine, California Prepared by: ENVIRON International Corporation Irvine, California April 2008 Project#04-18529A E N V I R 0 N Monthly Ground Water Level Report-April 2008 Prepared by: ENVIRON International Corporation 2010 Main Street, Suite 900 Irvine, California 92614-7215 Tel: (949) 261-5151 Fax: (949) 261-6202 Nicholas Steenhaut, PE Senior Associate Mauricio H. Escobar, PG Senior Manager George O. Linkletter, PhD, PG Principal and Senior Vice President 04-18529A E N V I R 0 N Monthly Ground Water Level Report-April 2008 Contents Page 1 Introduction ...........................................................................................................................................1 2 Background...........................................................................................................................................3 3 Field Activities.......................................................................................................................................4 3.1 LSA Well Retrofitting.............................................................................................................................4 3.2 LSA Well Development.........................................................................................................................4 3.3 LSA Well Surveying ..............................................................................................................................5 3.4 LSA Well Downhole Equipment Installation..........................................................................................5 3.5 Data Collection......................................................................................................................................5 3.6 Deviations From Planned MRP Activities.............................................................................................7 4 Data Presentation .................................................................................................................................8 5 Data Discussion....................................................................................................................................9 6 Closing ................................................................................................................................................10 List of Tables Table 1: Survey Data for ENVIRON Wells and Channel Probe..........................................................5 Table 2: Comparison of Laboratory and Field Measured Salinity .......................................................6 List of Figures Figure 1: Site Vicinity Map Figure 2: Well Location Map Figure 3a: Water Elevations, Tides, and Rainfall Data Figure 3b: Water Elevations North of Sheetpile(Incl. Rainfall Data) Figure 4a: Salinity in ENVIRON Wells Figure 4b: Salinity in LSA Wells List of Appendices Appendix A: Photolog Appendix B: Laboratory Reports Q.\R\RBF Consulting\Huntington Beach Wetlands\Monthly Monitoring Reports\Second Monthly Report-April 2008\Second Monthly GW Report Final 050908 doc 04-18529A Z{ E N V I R O N Monthly Ground Water Level Report-April 2008 1 Introduction ENVIRON International Corporation (ENVIRON) is pleased to present this Ground Water Level Monitoring Report (Monitoring Report)to RBF Consulting (RBF) and Orange County Public Works (OC Public Works). This document is the second in a series of six monthly Monitoring Reports that will be prepared for RBF and OC Public Works for submittal to the California Coastal Commission (CCC), as specified in Task 6 of ENVIRON's December 17, 2007, Final Revised Ground Water Level Monitoring and Reporting Plan (MRP). The MRP is being implemented to satisfy some of the main permit conditions of the CCC for the County's installation of the now completed sheetpile reinforcement along a 3,800 foot stretch of the northern levee of the East Garden grove Wintersburg Channel (CCC Permit No. 5-07-025-G). Specifically, the purpose of the MRP and the monthly Monitoring Reports is to provide an assessment of the hydrologic effects and potential impacts to wetlands at the 5-acre "County Parcel" (CP Wetlands parcel) following installation of the aforementioned sheetpile. The CP Wetlands parcel is located in Huntington Beach, California, adjacent to the northern levee of the Wintersburg Channel, approximately 2,500 feet west of the Graham Avenue bridge (Figure 1). The climate at the project site is Mediterranean, with warm summers and mild winters. The median annual rainfall for the last 30 years in the vicinity of the site is approximately 8.71 inches', most of which generally occurs in the winter months. Based upon limited information for the site provided by LSA Associates, Inc. (LSA), wetlands at the CP Parcel have historically been hydrologically influenced by rain events and the adjacent Wintersburg channel. According to LSA, Pacific Soils previously prepared a hydrologic study for the adjacent Shea Parcel, which included the CP Wetlands parcel. The study reportedly showed that ground water flow direction was away from the channel toward the base of the adjacent bluff to the north and west of the CP Wetlands parcel. LSA also reported that LSA Wells adjacent to the channel, such as 10, 13, and 14 located within the CP Wetlands parcel, showed evidence of tidal influence from the channel. This report presents the details of field procedures and protocols used by ENVIRON for retrofitting, placement of downhole equipment, and inclusion of LSA Wells 8, 10, 12, and 14 into the monitoring program. Details are provided of the downhole equipment used to continuously monitor water level and salinity in the LSA wells. The report also presents downhole water level and conductivity (salinity)data collected from the LSA Wells and ENVIRON Wells ENV-1 and ENV-2, and channel probe ENV-3, between February 18, 2008 and March 24, 2008. Figures 1 and 2 show the general vicinity of the site, the specific locations of the ENVIRON wells and probe, the sheetpile, and LSA wells monitored in the CP Wetlands parcel. Although the locations of the ENVIRON wells in the northern levee are fixed, it is expected that, over time, the channel will erode the channel side of the levee until the sheetpile is reached. This will result in Well ENV-2 essentially becoming a channel probe, but should not materially affect Well ENV-1. ' LSA. March 21, 2002. Delineation of Wetlands Subject to U.S.Army Corps of Engineers and California Coastal Commission Regulatory Authority. Parkside Estates Tentative Tract No. 15419. County of Orange, California. 04-18529A 1 of 10 E N V I R 0 N Monthly Ground Water Level Report-April 2008 A photo log showing LSA wells before and after retrofitting was completed by ENVIRON in mid- February 2008 is provided as Appendix A. 04-18529A 2 of 10 E N V I R 0 N Monthly Ground Water Level Report-April 2008 2 Background As stated in the preceding Section as well as the MRP, water level and salinity measurements are being collected by ENVIRON on behalf of RBF and OC Public Works and at the request of CCC, to assess hydrologic effects and potential impacts to wetlands at the 5-acre CP Wetlands parcel following installation of the sheetpile reinforcement along a portion of the northern levee of the East Garden Grove Wintersburg Channel. According to OC Public Works, the reinforcement activities were necessary to mitigate deteriorating conditions of the levee from erosion and burrowing animals, and to prevent possible collapse during future storm events. It is expected by OC Public Works that the earthen berm on the channel side of the sheetpile will continue to deteriorate over time through further erosion and animal burrowing activities. On January 15, 2008, ENVIRON prepared a Technical Memorandum (TM) concerning the modification, rehabilitation, and inclusion of four LSA wells (LSA-8, -10, -12, and -14) to ENVIRON's water level gauging program2. The TM was further discussed with RBF, OC Public Works, and CCC during a telephone conference call on February 7, 2008, during which time CCC requested that the TM be implemented. On February 8, 2008 a meeting was held in the field with LSA personnel, who represented the owners of the CP Wetlands parcel, Shea Homes (Shea), to discuss the specific aspects of TM implementation. OC Public Works began the process of requesting access to the CP Wetlands parcel from Shea Homes on December 24, 2007. After negotiating terms and conditions, the formal access to ENVIRON was granted on February 11, 2008. Fieldwork was implemented during the week of February 18, 2008, as detailed in Section 3. 2 ENVIRON International Corporation,Technical Memorandum, Inclusion of LSA Wells to Ongoing Monitoring Program, January 15, 2008. 04-18529A 3 of 10 E N V I R 0 N Monthly Ground Water Level Report-April 2008 3 Field Activities ENVIRON's field activities were carried out in general accordance with the provisions set forth in the MRP and TM. Prior to conducting field work, ENVIRON notified RBF, OC Public Works, and LSA to identify and address questions and concerns. In addition, a meeting was held in the field with LSA personnel to discuss the specifics of TM implementation and minor modifications were made accordingly. LSA and Shea requested that well rehabilitation be conducted in a manner that would minimally disturb soils (e.g., little to no digging) and allow for complete restoration of wells after monitoring was completed by ENVIRON. During field activities, ENVIRON staff complied with appropriate site safety requirements, in general accordance with California and Federal Occupational Safety and Health Administration (OSHA) regulations. An OSHA compliant site-specific Health & Safety Plan (HASP)was used by ENVIRON while performing the work described herein. The various tasks performed during this phase of the work included LSA well retrofitting, development, surveying, and downhole equipment installation into the LSA Wells. Additionally, data was collected from Wells ENV-1 and ENV-2, channel probe ENV-3, and LSA Wells 8, 10, 12, and 14. These tasks are described in further detail in the sections that follow. 3.1 LSA Well Retrofitting On February 15, 2008, ENVIRON and its drilling contractor BC2 Environmental (BC) conducted the retrofitting activities at LSA Wells 8, 10, 12, and 14. An LSA representative (Mr. Jim Harrison)was on site to witness the activities on behalf of Shea. The flush-mounted LSA well casings were extended with sections of two-inch PVC sleeves that were between 1 and 2 feet long to raise the top of casing (TOC) well above grade Ievel3. Subsequently, four-inch diameter steel standpipes were placed inside the existing eight-inch diameter flush-mounted well boxes, enclosing the wells. The outside annular space was packed with gravel to provide stability to the temporary construction and the inside was sealed with bentonite chips. From the ground surface to within a few inches of TOC, the inside annular space (between the standpipe and PVC casing) was filled with No. 2 Monterey sand to stabilize the casing and avoid creating a cavity that would attract insects or that equipment could be lost into. Finally, locks were attached to each of the retrofitted wells, to provide security against vandalism or theft. The photolog (Appendix A) shows an example of an LSA well prior to and after retrofitting. As agreed to with LSA and Shea, the alterations made to the LSA wells were done in a manner which can be reversed when ENVIRON completes its monitoring assignment. 3.2 LSA Well Development On February 19, 2008, ENVIRON and BC2conducted well development activities of LSA Wells 8, 10, 12, and 14. However, Well LSA-8 was dry, so development could not be completed and 3 The top of the LSA well casings were threaded and extensions were secured by screwing the pieces together and sealing them with an o-ring. 04-18529A 4 of 10 E N V I R 0 N Monthly Ground Water Level Report-April 2008 due to low water levels in the remaining wells, development by pumping and surging was not feasible. The wells were instead hand bailed using 1-foot disposable bailers, to polish the well screen of sediments and empty the wells of debris. Wells were bailed dry quickly and ground water recharge was slow (<0.1 gal/min). The wells were bailed dry, allowed to recharge, and bailed dry again. This procedure was repeated several times until water quality in the wells had visually improved (less turbid). Due to the low volumes of water present in the monitoring wells, the end-point of development was established on visual observations and not water quality parameters (such as turbidity measurements). 3.3 LSA Well Surveying On February 21, 2008, a County of Orange survey crew was on site to establish the top of casing (TOC) elevation of the northern rim of the four retrofitted LSA wells. The physical location of these wells had previously been established during the survey crew's initial visit to the site on January 8, 2008. Coordinates were established in the State Plane system using the North American Datum of 1983 (NAD83) —Zone 6, measured in feet, and reported as Easting and Northing. Elevations were established using the National Geodetic Vertical Datum of 1929 (NGVD29), leveled in 1992, and measured in feet above mean sea level (ft AMSL). Table 1 shows the locations and elevations of the retrofitted LSA wells. Table 1: Survey Data for Retrofitted LSA Wells Well ID Easting Northing TOC Elevation (ft AMSL) LSA-8 6017184.66 2205870.03 0.586 LSA-10 6017268.23 2205778.32 0.509 LSA-12 6017111.00 2205753.41 -0.040 LSA-14 6017043.28 2205699.80 -0.715 3.4 LSA Well Downhole Equipment Installation Water level and salinity data were recorded in LSA wells using downhole dataloggers (In-Situ AquaTroll°200) installed on February 19 and 20, 2008. For the first few days after installation, regular check-ups were performed in the field to ensure proper operation of the equipment. The downhole dataloggers have the capability to store data internally at designated time intervals. Data was collected at 20 minute intervals, consistent with the recording frequency at Wells ENV-1 and ENV-2. During the installation of the downhole equipment, the units were calibrated using a vendor-provided calibration solution and a Solinst°water level meter. 3.5 Data Collection As described in ENVIRON's March 2008 Monthly Report, continuous water level and salinity data collection at Wells ENV-1, ENV-2, and channel probe ENV-3 began on January 7, 2008, 04-18529A 5 of 10 E N V I R 0 N Monthly Ground Water Level Report-April 2008 which was prior to installation of the sheetpile along the top of the northern levee. These pre- sheetpile data ("baseline data")were collected continuously through completion of sheetpile installation on or about January 28, 20084. The data presented in this Monitoring Report includes those collected between February 18 and March 24, 2008. In addition, downhole equipment was installed into LSA Wells 8, 10, 12, and 14 on February 19 and 20, 2008. This report includes data from LSA wells starting on the date of equipment installation through March 24, 2008. Because this report includes initial data from LSA Wells, it was important and necessary to conduct more than one field visit during the reporting period to ensure that downhole equipment was working properly, and within acceptable specifications. During the visits, ENVIRON staff downloaded data and recalibrated the units using a calibration solution (QuickCal) provided by the manufacturer (In-Situ Inc.). When downloading data from the data loggers, the remaining battery power was checked for each unit, and batteries were replaced as needed. Water levels were manually calibrated by measuring depth to water from the top-of-casing (TOC) using a Solinst°water level meter. As a secondary means of calibrating salinity measurements, ENVIRON also collected water samples for analysis of conductivity and salinity for submittal to a fixed environmental sampling laboratory, American Analytics Laboratory (AAL) of Chatsworth, California. For this monitoring period, salinity samples were collected on February 19, 20, and March 24, 2008. The salinity sampling results, as well as comparisons to the readings simultaneously recorded in downhole equipment, is presented in Table 2. Laboratory reports for the salinity samples are provided as Appendix B. Table 2: Comparison of Laboratory and Field Measured Salinity Well ID Date and Time Laboratory Transducer Relative Percent Salinity(PSU) Salinity(PSU) Difference ENV-1 02/19/2008 09:30 14 14.30 2.1 % 03/24/2008 12:45 14 NA* NA ENV-2 02/19/2008 10:25 13 14.32 9.7 % 03/24/2008 12:15 13 18.18 33.2 % ENV-3 02/19/2008 10:50 30 30.63 2.1 % 03/24/2008 08:45 20 27.21 30.5 % LSA-8 02/20/2008 09:30 DRY 0 - 03/24/200811:20 DRY 0 - LSA-10 02/20/2008 09:15 21 20.20 3.9 % 03/24/200810:50 DRY 0 - 4 In this context, sheetpile installation refers to the specific point in time when the sheetpile was completed in the area between ENV-1 and ENV-2. Actual sheetpile construction spanned a period of several weeks. 04-18529A 6 of 10 E N V I R 0 N Monthly Ground Water Level Report-April 2008 Table 2: Comparison of Laboratory and Field Measured Salinity Well ID Date and Time Laboratory Transducer Relative Percent Salinity(PSU) Salinity(PSU) Difference LSA-12 02/20/2008 09:00 68 68.00** 0 % 03/24/2008 10:30 63 65.77** 4.3 % LSA-14 02/20/2008 08:20 26 E26. 7 0.1 % 03/24/2008 09:50 25 ** =4.6 -%/. * No data available due to unit malfunction (see Section 3.6) ** Corrected readings. Data corrections were made due to equipment drift, cable slippage or slope factor issues. Corrections consisted of multiplying transducer readings with a correction factor derived from laboratory measured salinity values or previous transducer readings (see Section 3.6). 3.6 Deviations From Planned MRP Activities The following bullet list represents deviations from planned MRP implementation activities for the period of February 18 to March 24, 2008. • During a site visit on March 24, 2008, the data logger for ENV-1 was found to have a defective battery compartment, and water intrusion caused the unit to short circuit. A replacement unit was immediately obtained from the manufacturer, and data collection resumed that same day. However, water level and salinity data were not recorded in Well ENV-1 between March 13 and March 24, 2008. This deviation from the plan is not considered significant but the manufacturer was contacted because this is the second battery compartment failure in 2 months. • Where required, water elevations and salinity values recorded by the data loggers have been corrected prior to plotting. Due to instances of sensor drift or cable slippage, raw data downloaded from the downhole units sometimes shows anomalous "jumps" after a recalibration or slippage event. Because this is not a true reflection of actual conditions, ENVIRON has in some cases normalized the data before plotting or tabulating it. This entails correcting for equipment drift, cable slippage, or other situations requiring a correction. Data normalization in the manner described above is an expected part of using and reporting data collected from downhole equipment and is not considered a significant issue. • ENVIRON was on site to collect salinity samples on February 19, 20, and March 24, 2008. Due to a lack of water in certain wells (dry conditions), ENVIRON was not able to collect samples for salinity analysis from all wells during all events. Well LSA-8 was dry on February 20 and also on March 24. Well LSA-10 was dry on March 24 (Table 2). This deviation from the plan is not considered significant. 04-18529A 7 of 10 E N V I R 0 N Monthly Ground Water Level Report-April 2008 4 Data Presentation Figure 3A shows water elevations recorded in the two ENVIRON wells, the channel probe, and the four LSA wells from the start of monitoring activities through March 24, 2008. Figure 3B shows only the wells north of the sheetpile during the latest monitoring period (February 18 through March 24, 2008). Figure 3A also includes tidal fluctuations and Figures 3A and 3B both, include precipitation events, although the absolute magnitude of these parameters is not represented on the Y-axes. Figure 4A shows salinity data for the two ENVIRON wells and the channel probe from the start of monitoring activities through March 24, 2008. Figure 4B shows salinity data for the four LSA wells from the date they were placed in each well through March 24, 2008. Salinity is expressed on the graphs in practical salinity units (PSU), and both data logger salinity (continuous lines) as well as lab measured salinity values (single dots) are represented on the graphs. 04-18529A 8 of 10 E N V I R 0 N Monthly Ground Water Level Report-April 2008 5 Data Discussion This section discusses data collected from LSA Wells 8, 10, 12, and 14, Wells ENV-1 and ENV- 2, and channel probe ENV-3 during the period between February 18 and March 24, 2008. A summary and conclusions report discussing the data presented in all six Monthly Reports will be prepared upon completion of the six-month monitoring period. Listed below, are general observations made during the most recent monitoring phase. • Water elevations in the four LSA wells, as well as in ENV-1, rose several feet in response to a series of rain events in late February 2008. Since then, precipitation has been minimal, and water elevations have continued to drop. Wells LSA-8 and LSA-10 have since gone dry; water elevations in Wells ENV-1, LSA-12, and LSA-14 have declined below their levels before the late February rain events, and appear to continue to trend downward (Figures 3A, 3B). It does not appear at this point that there is significant tidal influence in the LSA wells. However, a more in-depth analysis of tidal influence will be provided in the summary and conclusions report. • Well ENV-2, which is on the channel side of the sheetpile, continued to track the tidal fluctuations measured by the channel probe, ENV-3. As mentioned in the previous Monthly Report, post-sheetpile data for Well ENV-2 continued to have noticeably increased amplitude in tidal fluctuations. This effect is likely the result of water accumulating against the sheetpile at high tide, where previously it had migrated hydrologically downgradient, in the direction of the CP Wetlands parcel. • Field-recorded salinity data generally showed good correlation with laboratory-reported values, specifically in Wells LSA-14, LSA-10 and ENV-1 (Figures 4A and 413; Table 2). In some-cases however, data was normalized (due to equipment drift or other factors) using previous transducer readings (LSA-14) or laboratory values for salinity (LSA-12). Although the large fluctuations of salinity values in the channel probe correspond to the rising and falling tides, it is not clear if there was any significant effect on salinity from sheetpile installation. Figure 4A suggests that extreme low values of salinity seem to correlate with low tides and with periods of precipitation; the latter would increase storm water runoff passing through the channel. The high values of salinity measured at the channel probe correspond to the typical salinity range expected for ocean water(approx. 35 PSU). • Based on the measured water levels and observed trends, it is clear that the ground water conditions have changed significantly. It is not clear, however, how long it will take for a new equilibrium to be established or how similar to or different from the prior conditions that new equilibrium may be. Continued monitoring of the wells will provide more insight into longer term trends and re-equilibration dynamics as time progresses. 04-18529A 9 of 10 E N V I R 0 N Monthly Ground Water Level Report-April 2008 6 Closing This report constitutes the second in a series of six monthly Monitoring Reports. The next report will be submitted in the middle of May 2008, at which time the data collected between March 24 and April 21, 2008 from the two ENVIRON wells, channel probe, and four LSA wells will be presented. After the six monthly reports have been published, a Summary and Conclusions report will be prepared containing conclusions and recommendations pertaining to the effect of the sheetpile on wetland hydrology, to the extent possible. 04-18529A 10 of 10 E N V I R 0 N Monthly Ground Water Level Report-April 2008 Figures E N V I R 0 N &i '� IIP - •M ICU _ i CirsehVier 10, Nanny c I 10 1:� 1 b1 XtRh ieh ROME16 wOrwL F_ — t �.$T�III�StER 1 _',Fa 4 _ rEee e Di \I•al'. ____ � — . - E N6ER /1 -' ',ter AVEw-L- l1Li�DAf<` 1 i h` V nv I h - 1 Silt/' %Lm.o �_S• i'E I CEABK_ Ve hi Y p� k /r Sin 1ST�' 1 M1 �pIL IL k- P flk f-F TUM—nR = - _ NE,LJI _ - 'rn� tio r r unto ton"Ns b �111 -"L I Y CI e ^, t,,� {{N j _ 1WINTERSF�/R� jfdtK f CHA < ( I; a■7■7■___.. rl: I TIw C'ouncq ..� Rar . ti t Ai t WARNER n Shea Horner i^ Propertle r r i ii h.l) . . -- sZ Atl LSG> - Par e O PROJECT SITE '. -: t. m f, o - D 7A90 4000 (T SCALE IN FEET m SCl1RCE'Lf4G.4 Mep]5 Min Smtes oppgraphk)9EAL BEACH QUAD CalRpma Tema9efver Site Vicinity Map Figure ENVIRON `County of Orange Huntington Beach, California N w , " Shea Property I • • sue` wt9'! i ^� 4� CP Wetland Parcel SA- 0 L $- GraJJe` a 1 i Y ' t b e P J - 5 e < .,LSA-10 •�'� \nee e e �N LSA-12 6� �•� Gto� - • r. L14 �`• �s ZSt J��1r ♦ ENV —•f {� U r' ti._ Legend„,r, ENV-2 + ••,•`•�• ���P �� ` • ENVIRON Wells g • LSA Wells I t Sheet Pile Property Boundaries I Note Locations of Property Boundaries am , 'w _ "� -. CD Sheet Pile are approximate Im aye Source:Eagle Aerials(County) E N V I R O N Well Location Map 0 50 100 Figure ce tyao+ode � 2 ttmow�.e..m,cwrwd, 1'=100' DMer DIAL DeN: TA&TOB COMretl NumEer. D41a629A �pirrwJ Rw1eW: ruccv vwraw�a.r e 4 5 4 S 3 Sheet Pile Installation 2 January 28,2008 a s s d 2 r t � ll �• r r` �` w Y � `u 3 -3 e -4 —ENV-3 ENV-2 ENV-1 $ LSA-14 —LSA-12 —LSA-10 -6 —LSA-8 7 --T'1 aea ri LSA-8:DRY pueucn LSA-10: DRY -8 7-Jan 14-Jan 21-Jan 28-Jan 4-Feb 11-Feb 18-Feb 25-Feb 3-Mar 10-Mar 17-Mar 24-Mar Time Ttlal Dala:Nuntln9lan Oftnxr Nexpvt Bry NOTE AEmlula maq.iEtla al4tlei eri0 WBCip19 aaW 11011BP6B9 MY-GR6. U1M Zane 1133.8803°N.11I.BBBO'W E N V I R O N Water Elevations, Tides, and Rainfall Data Figure County of Onoge 3 a ure ram 1, Hmtlnaton Beae4 CaUlomm ..cveor w-1a T m CND m T -3 m —ENV-1 LSA-14 —LSA-12 G) 4 —LSA-10 m LSA-8 j—Precipitation a 3 3 -5 c O 10 WI F -6 Elbe m LSA-S DRY o LSA-10 DRY m a -8 -- Q 18-Feb 25-Feb 3-Mar 10-Mar 17-Mar 24-Mar Time Notes: Wells are expected to dry out at the following approximate elevations below sea level: LSA-8:6.3 ft; LSA-10: 6.5 ft; LSA-12: 6.8 ft; LSA-14: 7.5 ft; ENV-1: 10 ft. Absolute magnitude of precipitation data not represented on Y-axis. E N V I R O N Water Elevations North of Sheetpile (ind. Rainfall Data) Figure County of Orange AHuntington Beach,California Drafter. JJC Date: 4/18/08 Contract Number. 04-18529A Approved: Revised: 35 --------- 5 30 '5 20 ILI 15 0 10 —ENV-1 9 ENVA Lab 5 —ENV-2 I ENV-2 Lab —ENV-3 * ENV.3Lab —Prwipibition Tdes 5 3-Jan 10-Jan 17-Jan 24-Jan 31-Jan 7-Feb 14-Feb 21-Feb 28-Feb 6-Mar 13-Mar 20-Mar 27-Mar Time Tidal DOW HUn*49WoCIftoMoNftvPoftBft =,.Abp Salinity in ENVIRON Wells 19gure ENVIAON� CounlyofOrmW 4nia Huntington Beach,Califoomia m m a 85 ♦ .t �� 3: 3!:t4} i{Slii { R• - I, �_: a� !��' i : 1.At}{Sr`, +4 h80 t N .• •.,`}`'1r`:f..f:f!t i f o+ • • '•v,- .; _' ,t�+ Y i+ _ :• . . ., :r .. t j'{1 f i=Y r 75 r - T 70 2 65 — • 3 60 55 50 91 ai 45 - a � 40 S c 91 q 35 rn 30 LSA-8 r LSA-10 25 • T • LSA-10 Lab 20 • LSA-12 15 • LSA-12 Lab Ki 10 LSA-14 5 • LSA-14 Lab 0iv L A-8: DRYLWLSA-8: DRY LSA-10: DRY Precipitation - - - - - -Titles 17-Feb 24-Feb 2-Mar 9-Mar 16-Mar 23-Mar Time Tidal Data: Huntington Cliffs near Newport Bay NOTE: Absolute magnitude of tidal and UTM Zone 11 33.6603° N. 117 9980°W precipitation data not represented on Y-axis. E N V I R O N Salinity in L5A Wells Figure County of Orange 4b Huntington Beach,California Drafter. JJC Date: 4/16/08 Contract Number: 04-18529A Approved. Revised: Monthly Ground Water Level Report-April 2008 Appendix A: Photolog E N V I RO.N �S �!: Y r y� 19,NEC Photo 1: Typical condition of LSA monitoring wells in the CP Wetlands Parcel prior to retrofitting by ENVIRON. -\ Tr��ir;Y ✓i > >y{�VA.-1♦ Ali• T yjl�q. 'MRe�' rA7R��a: Photo 2: Retrofitted LSA monitoring well. Note the bentonite chip seal in the annular space between the original flush mounted well box (Photo 1) and the steel riser. Title: Monthly Report Approved: Project No.: Date: Site: Wintersburg Channel Levee MHE 0418529A April 2008 Client: RBF Consulting/RDMD E N V I R 0 N Monthly Ground Water Level Report-April 2008 Appendix B: Laboratory Reports E N V I R 0 N AMERICAN 9765 Eton Avenue " Chatsworth California 91311 _ Tel: (818)998-5547 ANALYTICS Fax: (818)998-7258 February 26, 2008 Mauricio Escobar Environ (LA) 707 Wilshire Boulevard, Suite 4950 Los Angeles, CA 90017 Re : CP Wetlands/04-18529A A64174/8620004 Enclosed is an analytical report for the above-referenced project. The samples included in this report were received on 02/20/08 15:38 and analyzed in accordance with the attached chain-of-custody. Unless otherwise noted, all analytical testing was accomplished in accordance with the guidelines established in our Quality Assurance Program Manual, applicable standard operating procedures, and other related documentation. The results in this analytical report are limited to the samples tested and any reproduction thereof must be made in its entirety. If you have any questions regarding this report or require additional information please call me at American Analytics. Sincerely, Viorel Vasile Operations Manager AMERICAN { Page 2 of 5 r. { 1 _ LABORATORY ANALYSIS RESULTS ANALYTIC$ i Client: Environ (LA) AA Project No: A64174 Project No: 04-18529A Date Received: 02/20/08 Project Name: CP Wetlands Date Reported: 02/26/08 Sample ID Laboratory ID Matrix TAT Date Sampled Date Received Conductivity 120.1 ENV-1-200802190930 81320004-01 Water 10 02/19/08 09:30 02/20/08 15:38 ENV-2-200802191025 81320004-02 Water 10 02/19/0810:25 02/20/08 15:38 ENV-3-200802191050 8620004-03 Water 10 02/19/0810:50 02/20/08 15:38 LSA-10-200802190915 81320004-04 Water 10 02/20/08 09:15 02/20/08 15:38 LSA-12-200802190900 81320004-05 Water 10 02/20/08 09:00 02/20/08 15:38 LSA-14-200802190820 81320004-06 Water 10 02/20/08 08:20 02/20/08 15:38 Salinity SM 2520 ENV-1-200802190930 81320004-01 Water 10 02/19/08 09:30 02/20/08 15:38 ENV-2-200802191025 81320004-02 Water 10 02/19/0810:25 02/20/08 15:38 ENV-3-200802191050 81320004-03 Water 10 02/19/0810:50 02/20/08 15:38 LSA-10-200802190915 8620004-04 Water 10 02/20/08 09:15 02/20/08 15:38 LSA-12-200802190900 81320004-05 Water 10 02/20/08 09:00 02/20/08 15:38 LSA-14-200802190820 81320004-06 Water 10 02/20/08 08:20 02/20/08 15:38 Viorel Vasile Operations Manager American Analytics• 9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547• Fax: (818)998-7258 AMERICAN ,F � Page 3 of 5 _ LABORATORY ANALYSIS RESULTS ANAIYT�CS Client: Environ (LA) AA Project No: A64174 Project No: 04-18529A Date Received: 02/20/08 Project Name: CP Wetlands Date Reported: 02/26/08 Method: General Chemistry Analyses AA I.D. No. Client I.D. No. Sampled Prepared Analyzed Dilution Result Units MRL Conductivity 120.1 (EPA 120.1) 81320004-01 ENV-1-200802190 02/19/08 02/20/08 02/20/08 20 29000 umhos/ 10 930 cm 81320004-02 ENV-2-200802191 02/19/08 02/20/08 02/20/08 20 25000 umhos/ 10 025 cm 81320004-03 ENV-3-200802191 02/19/08 02/20/08 02/20/08 20 53000 umhos/ 10 050 cm 81320004-04 LSA-10-20080219 02/20/08 02/20/08 02/20/08 100 47000 umhos/ 10 0915 cm 81320004-05 LSA-12-20080219 02/20/08 02/20/08 02/20/08 100 130000 umhos/ 10 0900 cm 81320004-06 LSA-14-20080219 02/20/08 02/20/08 02/20/08 20 51000 umhos/ 10 0820 cm Salinity SM 2520 (SM 2520) 81320004-01 ENV-1-200802190 02/19/08 02/20/08 02/20/08 1 14 Salinity 0.1 930 units 81320004-02 ENV-2-200802191 02/19/08 02/20/08 02/20/08 1 13 Salinity 0.1 025 units 81320004-03 ENV-3-200802191 02/19/08 02/20/08 02/20/08 1 30 Salinity 0.1 050 units 81320004-04 LSA-10-20080219 02/20/08 02/20/08 02/20/08 1 21 Salinity 0.1 0915 units 8620004-05 LSA-12-20080219 02/20/08 02/20/08 02/20/08 1 68 Salinity 0.1 0900 units 81320004-06 LSA-14-20080219 02/20/08 02/20/08 02/20/08 1 26 Salinity 0.1 0820 units Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547• Fax: (818)998-7258 AMERICAN Page 4 of 5 LABORATORY ANALYSIS RESULTS ANALYTICS Client: Environ (LA) AA Project No: A64174 Project No: 04-18529A Date Received: 02/20/08 Project Name: CP Wetlands Date Reported: 02/26/08 Reporting Spike Source %REC RPD lAnalyte Result Limit Units Level Result %REC Limits RPD Limit Notes General Chemistry Analyses -Quality Control Batch B8B2201 -NO PREP Duplicate (138132201-DUP1) Source: 81320004-04 Prepared &Analyzed: 02/20/08 Specific Conductance (EC) 47400 1000 umhos/cm 47400 0.00 25 Batch B8B2202- NO PREP Duplicate (68132202-DUP1) Source: 81320004-06 Prepared &Analyzed: 02/20/08 Salinity 25.9 0.10 Salinity 25.9 0.00 20 units Viorel Vasile Operations Manager American Analytics-9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547 • Fax: (818)998-7258 AMERICAN Page 5 of 5 it _ LABORATORY ANALYSIS RESULTS ANALYTICS I r Client: Environ (LA) AA Project No: A64174 Project No: 04-18529A Date Received: 02/20/08 Project Name: CP Wetlands Date Reported: 02/26/08 Special Notes Viorel Vasile Operations Manager American Analytics• 9765 Eton Avenue,Chatsworth, California 91311 Tel: (818)998-5547• Fax: (818)998-7258 N V I O AA 1-1q 1 $b nd- CHAIN®®f- U T Y N° 05146 PAGE® . + -- �of 2070 Main St., Suits 900 70g7Wirg, 9-di.S0il.4960 Irving, Calif. 92814 7 (949) 261-5151 (213 443-6300 y�� �0 : (949) 261-6202 (fa■) (213� 943-6307 (fax) 1 `C�!Af PROJECT NAME / FACILffT � Y 10: coo— e tc"A, FIELD PERSON: t, ALA ZA1• skt6 hft PROJECT NUMBER: __Oq DATE: _ D L114l0 8- 0a2o 0$ PROJECT MANAGER: PROJECT LOCATION; '7 1Wn ��aell r r''f LABORATORY- A'!y ,`c A a/a�, -C IS THIS A UST PROJECT OR IS EDF REQUIRED? Y N IF YES, GLOBAL ID i � 1 aq y� SAMPLER: �1`GI✓i FJ�OO.� ZCON QUO SIGNATURE: w CL LLJ SAMPLE I.D. NUMBERNJ a COMMco dw 1=N75 FNV-( -Zoo BoLlq om 30 021 OM - - rn/ I V NO 24 EN✓-Z-7oo$aZlq 1otc- 0 10 - !N 1 J Nd Z 52 ENV-3 -2oa6a7,ljlos-0 Ieq - vv 1 0 NO )( L34'10 -zooso2zo of it ° 01 if I/ AM y � -fZ -7,e09DZID09019 % 070D - -' v✓ I V 04 y X LSD' !q -ZOuSotzo ogt0 `� alto X �G 9 u a TOTAL X X X ° REUNQUI BY: TIME GATE: JgEIVED SY: DATE: TURNAROUND TIME SAMEDAY 72 HOURS (COMPANY): �� (CIRCLE ONE 24 HOURS 5 DAYS NQUIS ED BY: TIME E: J ECE,VED BY: ME/GATE: 20(UY Q HOURS NORMAL �?V (COMPANY): Citi�u SAMPLE INTEGRITY IF SEALED, SEAL INTEGRITY RELINQUISHED BY. TIME/DATE: RECEIVED BY: TIME E:COMPANY INTACT:GN TampJ r a n INTACT: Y N n— _v g AMERICAN 9765 Eton Avenue Chatsworth California 91311 Tel: (818)998-5547 ANALYncs Fax: (818)998-7258 March 25, 2008 Mauricio Escobar Environ (LA) 707 Wilshire Boulevard, Suite 4950 Los Angeles, CA 90017 Re : CP Wetlands/0418529A A64176/8 C2401 0 Enclosed is an analytical report for the above-referenced project. The samples included in this report were received on 03/24/08 16:10 and analyzed in accordance with the attached chain-of-custody. Unless otherwise noted, all analytical testing was accomplished in accordance with the guidelines established in our Quality Assurance Program Manual, applicable standard operating procedures, and other related documentation. The results in this analytical report are limited to the samples tested and any reproduction thereof must be made in its entirety. If you have any questions regarding this report or require additional information please call me at American Analytics. Sincerely, Viorel Vasile Operations Manager ANERICAN Page 2 of 5 r. I LABORATORY ANALYSIS RESULTS ANALYTIG5 Client: Environ (LA) AA Project No: A64176 Project No: 0418529A Date Received: 03/24/08 Project Name: CP Wetlands Date Reported: 03/25/08 Sample ID Laboratory ID Matrix TAT Date Sampled Date Received Conductivity 120.1 ENVA-200803241245 8C24010-01 Water 10 0312410812:45 03/24/08 16:10 ENV-2-200803241215 8C24010-02 Water 10 03/24/0812:15 03/24/08 16:10 ENV-3-200803240845 8C24010-03 Water 10 03/24/08 08:45 03/24/08 16:10 LSA-14-200803240950 8C24010-04 Water 10 03/24/08 09:50 03/24/08 16:10 LSA-12-200803241030 8C24010-05 Water 10 03/24/0810:30 03/24/08 16:10 Salinity SM 2520 ENV-1-200803241245 8C24010-01 Water 10 03/24/0812:45 03124/0816:10 ENV-2-200803241215 8C24010-02 Water 10 03/24/0812:15 03/24/08 16:10 ENV-3-200803240845 8C24010-03 Water 10 03/24/08 08:45 03/24/08 16:10 LSA-14-200803240950 8C24010-04 Water 10 03/24/08 09:50 03/24/08 16:10 LSA-12-200803241030 8C24010-05 Water 10 03/24/0810:30 03/24/08 16:10 Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547 • Fax: (818)998-7258 AMERICAN ,. Page 3 of 5 LABORATORY ANALYSIS RESULTS ANALYTICS i Client: Environ (LA) AA Project No: A64176 Project No: 0418529A Date Received: 03/24/08 Project Name: CP Wetlands Date Reported: 03/25/08 Method: General Chemistry Analyses AA I.D. No. Client I.D. No. Sampled Prepared Analyzed Dilution Result Units MRL Conductivity 120.1 (EPA 120.1) 8C24010-01 ENV-1-200803241 03/24/08 03/24/08 03/24/08 10 27000 umhos/ 10 245 Cm 8C24010-02 ENV-2-200803241 03/24/08 03/24/08 03/24/08 10 24000 umhos/ 10 215 Cm 8C24010-03 ENV-3-200803240 03/24/08 03/24/08 03/24/08 20 39000 umhos/ 10 845 Cm 8C24010-04 LSA-14-20080324 03/24/08 03/24/08 03/24/08 20 48000 umhos/ 10 0950 Cm 8C24010-05 LSA-12-20080324 03/24/08 03/24/08 03/24/08 50 120000 umhos/ 10 1030 Cm Salinity SM 2520 (SM 2520) 8C24010-01 ENV-1-200803241 03/24/08 03/24/08 03/24/08 1 14 Salinity 0.1 245 units 8C24010-02 ENV-2-200803241 03/24/08 03/24/08 03/24/08 1 13 Salinity 0.1 215 units 8C24010-03 ENV-3-200803240 03/24/08 03/24/08 03/24/08 1 20 Salinity 0.1 845 units 8C24010-04 LSA-14-20080324 03/24/08 03/24/08 03/24/08 1 25 Salinity 0.1 0950 units 8C24010-05 LSA-12-20080324 03/24/08 03/24/08 03/24/08 1 63 Salinity 0.1 1030 units Viorel Vasile Operations Manager American Analytics• 9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547• Fax: (818)998-7258 AMERICAN Page 4 of 5 1 LABORATORY ANALYSIS RESULTS ANALYTICS Client: Environ (LA) AA Project No: A64176 Project No: 0418529A Date Received: 03/24/08 Project Name: CP Wetlands Date Reported: 03/25/08 Reporting Spike Source %REC RPD lAnalyte Result Limit Units Level Result %REC Limits RPD Limit Notes General Chemistry Analyses -Quality Control Batch B8C2508-NO PREP Blank (B8C2508-BLK1) Prepared &Analyzed: 03/25/08 Specific Conductance (EC) <10 10 umhos/cm Duplicate (138C2508-DUP1) Source: 8C24010-05 Prepared &Analyzed: 03/25/08 Specific Conductance (EC) 122000 500 umhos/cm 122000 0.0409 25 Batch B8C2509-NO PREP Blank(B8C2509-BLK1) Prepared &Analyzed: 03/24/08 Salinity <0.10 0.10 Salinity units Duplicate (138C2509-DUP1) Source: 8C24010-05 Prepared &Analyzed: 03/24/08 Salinity 63.1 0.10 Salinity 63.0 0.159 20 units Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547 • Fax: (818)998-7258 AMERICAN ; Page 5 of 5 it LABORATORY ANALYSIS RESULTS ANALYTICs Client: Environ (LA) AA Project No: A64176 Project No: 0418529A Date Received: 03/24/08 Project Name: CP Wetlands Date Reported: 03/25/08 Special Notes Viorel Vasile Operations Manager American Analytics• 9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547• Fax: (818)998-7258 E N V I R 0 N 46V CHAIN—of—CUSTODY D 05378 PAGE —Lof 2010 Mein St., Suite 900 07 Wilshirel 13 s vtl., Suite 4980 �y Mrine,Calif. 92614 Lasas Mgebs, Calif. 9W17 '�'rf�(33 (949) 261-5151 (213)943-6300 M : WO#: (949) 261-6202 (iax) (213) 943-6301 (fox) / PROJECT INANE / FACILITY !D: __ G WG <a,"d 5 FIELD PERSON I�l�cQ>o1 .� `'�iZ244l,- PROJECT NUMBER: �I I�52� Pr DATE: PROJECT MANAGER: t �g i r I ec-cn' C,5- e-co bdl;�v PROJECT LOCATION: -- _ d( '14 iy+r 1 291,A r�f LA80RATow-. ��J/1P/✓i�i�h — '65 IS THIS A UST PROJECT DR IS EDF REQUIRED? Y IF YES, GLOM ID { ` o SAMPLER: r W q? SIGNATURE Frio" o �y SAMPLE I.D. NUMBER N _ COMMENTS r r � t •'ram w • V � � � '� `'V �q't S0 U /6., /0 9- ze- a TOTAL X X X ,S 11 REUN UiSHED BY: TIM ATE: ENE TI DA : 1��� RNAROUND TIME SAMEDAY 72 HOURS ~ 3 j (COMPANY): V{ L 7�'5* 9IRCLE ONE) 24 HOURS _ AL 11 S TIME/DATE: RECEIVED 9Y: TIME/DATE: 48 HOURS ^NORM r (COMPANY) 07 �L 6►�'>/ SAMPLE INTEGRITY IF SEALED, SEAL INTEGRITY RE (SHED 6Y: Jv TIME/DATE: RECENED SY: T14 DATE INTACT: N Temp INTACT: Y N 1COMPAN 0 R A N G E C 0 U N T Y Bryan Speegle,Director _0 300 N.Flower Street — — &Wwa Santa Ana,CA C�QPubli�/W. , orks Santa Ana,CA 9 P.O.270Box 4048 2-4048 Our Community. Our Commitment. Telephone: (714)834-2300 Fax: (714)834-5188 June 18, 2008 Karl Schwing California Coastal Commission 200 Oceangate, I Oth Floor Long Beach, CA 90802-4416 Mark Johnsson California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 John Dixon California Coastal Commission 710 E Street, Suite 200 Eureka, CA 95501 Subject: Third Monthly Ground Water Level Monitoring Report for the East Garden Grove Wintersburg Channel, North Levee, City of Huntington Beach, Orange County, CA Attached, please find a copy of the third monthly Ground Water Level Monitoring Report for the East Garden Grove Wintersburg Channel, North Levee. This report is the third in a series of six monthly Monitoring Reports that will be submitted to the California Coastal Commission, as per condition 9b, of the Emergency Coastal Development Permit, 5-07-025-G. In response to the CCC request to conduct vegetation monitoring, the Orange County Flood Control District (OCFCD) requested access authorization to enter Shea Homes' property to conduct the vegetation baseline survey, as well as three annual vegetation monitoring events. OCFCD is still in the process of negotiating terms and conditions and has not yet received formal authorization from Shea Homes to enter the CP Wetlands parcel for vegetation monitoring. Should you require additional information, please do not hesitate to contact me at 714-834- 2340. Sincerely, `Yzw o--,� ard Kh n, E gin e ng Supervisor egulatory Perm its/RD M D/Proj ect Management Attachment S:\Regulatory Permits Section\PROJECTS\C05 East Garden Grove-Wintersburg\2007 Emergency Sheet Pile\Ground water Monitoring Reports t -Im - Monthly Ground Water Level Report Prepared for: RBF Consulting Irvine, California Prepared by: ENVIRON International Corporation Irvine, California May 2008 Project#04-18529C E N V I K ON Prepared by: ENVIRON International Corporation 2010 Main Street, Suite 900 Irvine, California 92614-7215 Tel: (949) 261-5151 Fax: (949) 261-6202 Nicholas Steenhaut, PE Senior Associate Mauricio H. Escobar, PG Senior Manager George O. Linkletter, PhD, PG Principal and Senior Vice President 04-18529C ; ENV I KO N Monthly Ground Water Level Report—May 2008. Contents Page 1 Introduction 1 2 Background 2 3 Field Activities 3 3.1 Data Collection 3 3.2 Deviations From Planned MRP Activities 4 4 Data Presentation 5 5 Data Discussion 6 6 Closing 7 List of Tables Table 1: Comparison of Laboratory and Field Measured Salinity 4 List of Figures Figure 1: Site Vicinity Map Figure 2: Well Location Map Figure 3a: Water Elevations, Tides, and Rainfall Data Figure 3b: Water Elevations North of Sheetpile (Incl. Rainfall Data) Figure 4a: Salinity in ENVIRON Wells Figure 4b: Salinity in LSA Wells List of Appendices Appendix A: Laboratory Reports Q\R\RBF Consulting\Huntington Beach Wetlands\Monthly Monitoring Reports\Third Monthly Report-May 2008\Third Monthly GW Level Report-Final 061108.doc 04-18529C ii E N V I R 0 N Monthly Ground Water Level Report—May 2008. 1 Introduction ENVIRON International Corporation (ENVIRON) is pleased to present this Ground Water Level Monitoring Report (Monitoring Report)to RBF Consulting (RBF) and Orange County Public Works (OC Public Works). This document is the third in a series of six monthly Monitoring Reports that will be prepared for RBF and OC Public Works for submittal to the California Coastal Commission (CCC), as specified in Task 6 of ENVIRON's December 17, 2007, Final Revised Ground Water Level Monitoring and Reporting Plan (MRP). The MRP is being implemented to satisfy some of the main permit conditions of the CCC for the County's installation of the now completed sheetpile reinforcement along a 3,800 foot stretch of the northern levee of the East Garden Grove Wintersburg Channel (CCC Permit No. 5-07-025-G). Specifically, the purpose of the MRP and the monthly Monitoring Reports is to provide an assessment of the hydrologic effects and potential impacts to wetlands at the 5-acre "County Parcel" (CP Wetlands parcel) following installation of the aforementioned sheetpile. The CP Wetlands parcel is located in Huntington Beach, California, adjacent to the northern levee of the Wintersburg Channel, approximately 2,500 feet west of the Graham Avenue bridge (Figure 1). The climate at the project site is Mediterranean, with warm summers and mild winters. The median annual rainfall for the last 30 years in the vicinity of the site is approximately 8.71 inches', most of which generally occurs in the winter months. Based upon limited information for the site provided by LSA Associates, Inc. (LSA), wetlands at the CP Parcel have historically been hydrologically influenced by rain events and the adjacent Wintersburg channel. According to LSA, Pacific Soils previously prepared a hydrologic study for the adjacent Shea Parcel, which included the CP Wetlands parcel. The study reportedly showed that ground water flow direction was away from the channel toward the base of the adjacent bluff to the north and west of the CP Wetlands parcel. LSA also reported that LSA Wells adjacent to the channel, such as 10, 13, and 14 located within the CP Wetlands parcel, showed evidence of tidal influence from the channel. This report presents downhole water-level and conductivity (salinity) data collected from LSA Wells 8, 10, 12, and 14, ENVIRON Wells ENV-1 and ENV-2, and channel probe ENV-3, between March 24 and April 21, 2008. Figures 1 and 2 show the general vicinity of the site, the specific locations of the ENVIRON wells and probe, the sheetpile, and the LSA wells monitored at the CP Wetlands parcel. Although the locations of the ENVIRON wells in the northern levee are fixed, it is expected that, over time, the channel will erode the channel side of the levee until the sheetpile is reached. This will result in Well ENV-2 essentially becoming a channel probe, but should not materially affect Well ENV-1. 1 LSA. March 21,2002 Delineation of Wetlands Subject to US Army Corps of Engineers and California Coastal Commission Regulatory Authority Parkside Estates Tentative Tract No 15419 County of Orange,California 04-18529C 1 of 7 E N V I R © N Monthly Ground Water Level Report—May 2008. 2 Background As stated in the preceding Section as well as the MRP, water level and salinity measurements are being collected by ENVIRON on behalf of RBF and OC Public Works and at the request of CCC, to assess hydrologic effects and potential impacts to wetlands at the 5-acre CP Wetlands parcel following installation of the sheetpile reinforcement along a portion of the northern levee of the East Garden Grove Wintersburg Channel. According to OC Public Works, the reinforcement activities were necessary to mitigate deteriorating conditions of the levee from erosion and burrowing animals, and to prevent possible collapse during future storm events. It is expected by OC Public Works that the earthen berm on the channel side of the sheetpile will continue to deteriorate over time through further erosion and animal burrowing activities. 04-18529C 2 of 7 E N V I R 0 N Monthly Ground Water Level Report—May 2008. 3 Field Activities ENVIRON's field activities were carried out in general accordance with the provisions set forth in the MRP. Prior to conducting field work, ENVIRON notified RBF, OC Public Works, and LSA to identify and address any questions or concerns. During field activities, ENVIRON staff complied with appropriate site safety requirements, in general accordance with California and Federal Occupational Safety and Health Administration (OSHA) regulations. An OSHA compliant site-specific Health & Safety Plan (HASP)was used by ENVIRON while performing the work described herein. Field activities consisted of data collection at ENVIRON's Wells ENV-1 and ENV-2, the channel probe ENV-3, and four LSA wells LSA-8, LSA-10, LSA-12 and LSA-14. The data collection event and any deviations from planned MRP activities are described in further detail in the sections that follow. 3.1 Data Collection As described in ENVIRON's March 2008 Monthly Report, continuous water level and salinity data collection at Wells ENV-1, ENV-2, and channel probe ENV-3 began on January 7, 2008, which was prior to installation of the sheetpile along the top of the northern levee. These pre- sheetpile data ("baseline data")were collected continuously through completion of sheetpile installation on or about January 28, 20082. The data presented in this Monitoring Report includes those collected between March 24 and April 21, 2008. During the April 21, 2008 site visit, ENVIRON staff downloaded data and recalibrated the downhole data-collection units using a calibration solution (QuickCal) provided by the manufacturer (In-Situ Inc.). When downloading data from the data loggers, the remaining battery power was checked for each unit, and batteries were replaced as needed. Water levels were manually calibrated by measuring depth to water from the top-of-casing (TOC) using a Solinst°water level meter. As a secondary means of calibrating salinity measurements, ENVIRON also collected water samples for analysis of conductivity and salinity for submittal to a fixed environmental sampling laboratory, American Analytics Laboratory (AAL) of Chatsworth, California. For this monitoring period, salinity samples for Wells ENV-1 and ENV-2, as well as channel probe ENV-3 were collected on April 21, 2008. Due to an absence of water in all four LSA Wells, ENVIRON was not able to collect samples from these wells. The salinity sampling results, as well as comparisons to the readings simultaneously recorded in downhole equipment, is presented in Table 1. Laboratory reports for the salinity samples are provided as Appendix A. 2 In this context,sheetpile installation refers to the specific point in time when the sheetpile was completed in the area between ENV-1 and ENV-2 Actual sheetpile construction spanned a period of several weeks 04-18529C 3 of 7 E N V I R 0 N Monthly Ground Water Level Report—May 2008. Table 1: Comparison of Laboratory and Field Measured Salinity Well ID Date and Time Laboratory Transducer Relative Percent Salinity(PSU) Salinity(PSU) Difference ENV-1 04/21/2008 10:15 14 15.27 8.7 % ENV-2 04/21/2008 09:10 14 15.92 12.8 % ENV-3 04/21/2008 08:20 19 17.91 5.9 % LSA-8 04/21/200811:55 DRY 0.00 - LSA-10 04/21/200811:45 DRY 0.00 - LSA-12 04/21/200811:18 DRY 24.08* - LSA-14 04/21/200810:35 DRY 25.57* - * Data considered suspect due to low water levels (too low to measure). Upon recalibration in the field on April 21, salinity values approached zero. 3.2 Deviations From Planned MRP Activities The following bullet list represents deviations from planned MRP implementation activities for the period of March 24 to April 21, 2008. • Where required, water elevations and salinity values recorded by the data loggers have been corrected prior to plotting. Due to instances of sensor drift, raw data downloaded from the downhole units sometimes shows anomalous "jumps" after a recalibration event. Because this is not a true reflection of actual conditions, ENVIRON has in some cases normalized the data before plotting or tabulating it. Data normalization in the manner described above is an expected part of using and reporting data collected from downhole equipment and is not considered a significant issue. • ENVIRON was on site to collect salinity samples on April 21, 2008. Because all four LSA wells were dry, no water levels were recorded by the transducers and ENVIRON was not able to collect samples for salinity analysis from these wells. This deviation from the plan is considered outside of ENVIRON's control. 04-18529C 4 of 7 E N V I R 0 N Monthly Ground Water Level Report—May 2008, 4 Data Presentation Figure 3A shows water elevations recorded in the two ENVIRON wells, the channel probe, and the four LSA wells from the start of monitoring activities through April 21, 2008. Figure 3B shows only the wells north of the sheetpile. Figure 3A also includes tidal fluctuations and Figures 3A and 3B both, include precipitation events, although the absolute magnitude of these parameters is not represented on the Y-axes. Where wells have gone dry and data loggers stopped recording water levels, the lines in Figures 3A and 3B stop. Brief periods where no data was collected due to equipment down-time are shown as dashed lines. Figure 4A shows salinity data for the two ENVIRON wells and the channel probe from the start of monitoring activities through April 21, 2008. Figure 4B shows salinity data for the four LSA wells from the date the downhole equipment was placed into each well through April 21, 2008. Salinity is expressed on the graphs in practical salinity units (PSU), and both data logger salinity (continuous lines) as well as lab measured salinity values (single dots) are represented on the graphs. 04-18529C 5 of 7 E N V I R © N Monthly Ground Water Level Report—May 2008. 5 Data Discussion This section discusses data collected from LSA Wells 8, 10, 12, and 14, Wells ENV-1 and ENV- 2, and channel probe ENV-3 during the period between March 24 and April 21, 2008. A summary and conclusions report discussing the data presented in all six Monthly Reports will be prepared upon completion of the six-month monitoring period. Listed below, are general observations made during the most recent monitoring phase. • Water elevations in the LSA wells, as well as in ENV-1, have continued their downward trend resulting in dry conditions in all four LSA wells. In addition to LSA-8 and LSA-10 which had gone dry during the previous monitoring period, LSA-12 (on March 28) and LSA-14 (on April 19) have now also gone dry. Water levels in Well ENV-1, which is screened to a substantially deeper elevation than the LSA wells, also continued to drop. Water levels in ENV-2 and ENV-3 continue to track tidal fluctuations in a similar fashion as reported in the previous reports. It is noted that the water level in Well ENV-1, which appeared to have slight fluctuations after sheetpile installation, now seems to be declining at a steady rate with no apparent oscillation. This will be evaluated further in the Summary and Conclusions report, which will be prepared after the six monthly reports have been published. • Field-recorded salinity data generally showed good correlation with laboratory-reported values (Figure 4A; Table 1). Due to dry conditions at the LSA wells, no samples were collected; only transducer-read data was available for these wells during this monitoring period. In contrast to Wells LSA-8 and LSA-10, where transducer measured salinity values dropped instantaneously when the wells became dry, LSA-12 and LSA-14 appear to be responding differently. It is possible that the equipment was sufficiently low in the wells to continue to provide salinity values for standing water present below the screened interval within the well cap, even after water levels had dropped below the bottom of the well. Recalibration and redeployment of the downhole equipment in the field on April 21, 2008 resulted in notably reduced readings in both wells (close to zero). This issue will be revisited in the next report, when more data will be available. 04-18529C 6 of 7 E N V I R 0 N Monthly Ground Water Level Report—May 2008. 6 Closing This report constitutes the third in a series of six monthly Monitoring Reports. The next report will be submitted toward the end of June 2008, at which time the data collected between April 21 and May 19, 2008 from the two ENVIRON wells, channel probe, and four LSA wells will be presented. After the six monthly reports have been published, a Summary and Conclusions report will be prepared containing conclusions and recommendations pertaining to the effect of the sheetpile on wetland hydrology, to the extent possible. 04-18529C 7 of 7 E N V I R 0 N Monthly Ground Water Level Report—May 2008. Figures 04-18529C E N V I R 0 N Monthly Ground Water Level Report—May 2008. Figures 04-18529C E N V I R 0 N �^ 1e= 1 •� t •11• ■•• •ol- — i cirele Viev I i••�$ehas 1 \th nch I' f� 3•J 1 • H a Leh pryp.' �arcafflIL ( ,,TMIlIST£3 J _ .�IWa -e - i�• AYEtaN Ur. �L �1 j 1a E (11 \Ud R1 __ _ Iz E NSER d N. OTINDARY . _ - � •� xh _Vtieh.3� ICLAHlLI Y I 22I Y. � - 1•alter - r� b� vie xr y. ?\� " _� yl y 3 D w It r J�, v TURI DR Z �g _E[ L_ I LI��_ NCl `- � Yam'I�l a• __��� • L A h L S A t° Elcnt.n�Ztolr HS1Yi9t111. + �I�• � �ewlvu(5 __� � �i _ , 4yfN TERSN ^`} �1-F 'r: •1F {�. Tlx Caunt , 0 '�(Era{ -_ _ � ,�.,, W wARNE•'.. 1N2C' r-----------� I Shea Hornes p^ ' . . . It Properties I y i Pare fiu moeu: p PROJECT � - i, SITE :,.:..... m i _ 0 m - r _ n d n 2000 4000 `i uscs \ 9 SCALE IN FEET oSOURCE'U9G.4 Map]5 Min 3erles(TopograpMc)SEAL BEACH Ullfoma Tertaselvrl. ENVIR0N Site Vicinity Map Figure County of Orange � � Huntington Beach,California Shea Property All .r A`0A a A`A• CP Wetland Parcel AAA�1• ENV-3 • � ss�� ram°a , . .,;,`+'-� G A A _ _- t ® A'AA•A G�a�O � � "� SA-8 Y-$. S�eetP`\e <a`S�Ac LSA-10 \n VC LSA-12 dw� 0 ate x. MW-1 Ao1�,A EasyGa .( ,� ` f 1► , S y ' d Via" 10 A '� AA0 Legend 14"Gas Line Appropmate Location of 144ndi Gas Line i �• - y • ENVIRON Wells LSA Wells r `1 Notes: Sheet Pile Locations of property boundaries and sheet pile are approximale. To accommodate the 14-inch gas line,a 5.65-foot void was left in the sheet pile. Property Boundaries Image Source:Eagle Aerials(County) E N V I R O N Well Location Map o 50 10o Fig///u��ure cr Wauanaa xenunW.e Beach,ealxemta 0.oss, NIS pare: 611013008 Con Number: 01-18SM Appravee RaWsee'. .10 rv.e'P�avw.a W yx{yn�r a 0 6 F rJ i P i Sltcct Pilc Installation a . January 28,2008 m 0 I �1 m 9 o ; W 2 .B. s ..-•..ENV-3 ---•--ENV-2 -4 ENV-1 -.•--LSA-14 --- LSA-12 - +•-LSA-B ndee —precipitation - 7-Jan 14-Jan 21-Jan 28-Jan 4-Feb 11-Feb 18-Feb 25-Feb 3-Mar 10-Mar 17-Mar 24-Mar 31-Mar 7-Apr 14-Apr 21-Apr NCiE ApaolNe magNLda d4aa aid Time PrecMlelbn aeN ml repreaernea mYaas. TkW nab:Hu"rgtur CIMa roar Ne aPo10ay UTM lma1133.6803'N.11).BBBa•W * IMicales veil lasgwedry. ENV 1 R O N Water Elevations, Tides, and Rainfall Data Figure County of Orange 3 a owxxm uc ure ¢u.n Huntington Beae4 California c�No: oa-iaszlc T R G� N W T 1 �< ENV-1 n -3 5 -LSA-14 z -LSA-12 -LSA-10 -4 -LSA-8 _ Precipitation a -4.5 3 5 NIL - - a 0 c 0 16 -5.5 - m v Q W d -6 - N m 0 -6 5 — - — -7 m T a -8 a 18-Feb 25-Feb 3-Mar 10-Mar 17-Mar 24-Mar 31-Mar 7-Apr 14-Apr 21-Apr Time Notes: Wells are expected to dry out at the following approximate elevations below sea Indicates well has gone dry level: LSA-8: 6.3 ft; LSA-10: 6.5 ft; LSA-12: 6.8 ft; LSA-14: 7.5 ft; ENV-1: 10 ft. Absolute magnitude of precipitation data not represented on Y-axis. E N V I R O N water Elevations North of Sheetpile (incl. Rainfall Data) Figure March 24, 2008 to April 21, 2008 3b County of Orange Huntington Beach,California Drafter. JJC Date: 5/21/08 Contract Number: 04-18529A Approved: Revised. / Salinity)PSU) 01 L L TITS'-`.� •• - .--.n'.y.:,..._ 6000 �• f� w.V�:[..'� $ •7 � m I a g e� • 1 . 1 ® I - i ii 1 '0 n Z Z Z Z Z Z f - 21 oc v c T m m T 85 1 :4t It)s::� 1 t l $ .}f�jUt� � � � ; i ' � 1'j'S: � 1 t 1 F t � h�} i•= , � � t S It li�:i � j ' S S t `< 3: L.�ya• .>.:.:. !. .yo u.�;r cc 1. n �.a..., Z: ,►•... `c't:...•. 80f " a 75 z 0 LSA-12: DRYS e 65 ; 60 a 55 3 50 a a ai 45 a a >. 40 U e m 35 S 30 LSA-8 m 25 e LSA-10 • LSA-10 Lab 20 LSA-14: DRY LSA-12 m 15 • LSA-12 Lab a 10 LSA-14 r 5 s LSA-14 Lab `a A 0 q-g; p y LSA-10: DRY — --Precipitation - - - - -Tides 17-Feb 24-Feb 2-Mar 9-Mar 16-Mar 23-Mar 30-Mar 6-Apr 13-Apr 20-Apr 27-Apr Time See text in report for discussion of salinity values above zero in wells that have gone dry. Tidal Data: Huntington Cliffs near Newport Bay NOTE: Absolute magnitude of tidal and UTM Zone 11 33.6603* N 117 gM*W precipitation data not represented on Y-axis. E N V I R O N Salinity in LSA Wells Figure County of Orange 4b Huntington Beach,California ,411 Drafter. JJC Date: 4/16/08 Contract Number. 04-18529A Approved: Revised: Monthly Ground Water Level Report—May 2008. Appendix A: Laboratory Reports 04-18529C E N V I R 0 N AMERICAN 9765 Eton Avenue Chatsworth California 91311 Tel: (818)998-5547 ANa�rrlc§ Fax: (818)998-7258 April 23, 2008 Mauricio Escobar Environ (LA) 707 Wilshire Boulevard, Suite 4950 Los Angeles, CA 90017 Re : CP Wetlands/0418529B A64177/81D22004 Enclosed is an analytical report for the above-referenced project. The samples included in this report were received on 04/22/08 13:05 and analyzed in accordance with the attached chain-of-custody. Unless otherwise noted, all analytical testing was accomplished in accordance with the guidelines established in our Quality Assurance Program Manual, applicable standard operating procedures, and other related documentation. The results in this analytical report are limited to the samples tested and any reproduction thereof must be made in its entirety. If you have any questions regarding this report or require additional information please call me at American Analytics. Sincerely, Viorel Vasile Operations Manager AMERICAN Page 2 of 5 it LABORATORY ANALYSIS RESULTS ANALYTICS � Client: Environ (LA) AA Project No: A64177 Project No: 0418529B Date Received: 04/22/08 Project Name: CP Wetlands Date Reported: 04/23/08 Sample ID Laboratory ID Matrix TAT Date Sampled Date Received Conductivity 120.1 ENV-1-200804211015 8D22004-01 Water 10 04/21/0810:15 04/22/08 13:05 ENV-2-200804210910 8D22004-02 Water 10 04/21/08 09:10 04/22/08 13:05 ENV-3-200804210820 8D22004-03 Water 10 04/21/08 08:20 04/22/08 13:05 Salinity SM 2520 ENV-1-200804211015 8D22004-01 Water 10 04/21/0810:15 04/22/08 13:05 ENV-2-200804210910 8D22004-02 Water 10 04/21/08 09:10 04/22/08 13:05 ENV-3-200804210820 8D22004-03 Water 10 04/21/08 08:20 04/22/08 13:05 Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth,California 91311 Tel: (818)998-5547• Fax: (818)998-7258 AMERICAN „ Page 3 of 5 I LABORATORY ANALYSIS RESULTS ANALYTICs I Client: Environ (LA) AA Project No: A64177 Project No: 0418529B Date Received: 04/22/08 Project Name: CP Wetlands Date Reported: 04/23/08 Method: General Chemistry Analyses AA I.D. No. Client I.D. No. Sampled Prepared Analyzed Dilution Result Units MRL Conductivity 120.1 (EPA 120.1) 8D22004-01 ENV-1-200804211 04/21/08 04/22/08 04/22/08 20 28000 umhos/ 10 015 cm 8D22004-02 ENV-2-200804210 04/21/08 04/22/08 04/22/08 20 26000 umhos/ 10 910 cm 8D22004-03 ENV-3-200804210 04/21/08 04/22/08 04/22/08 20 37000 umhos/ 10 820 cm Salinity SM 2520 (SM 2520) 8D22004-01 ENV-1-200804211 04/21/08 04/22/08 04/22/08 1 14 Salinity 0.1 015 units 8D22004-02 ENV-2-200804210 04/21/08 04/22/08 04/22/08 1 14 Salinity 0.1 910 units 8D22004-03 ENV-3-200804210 04/21/08 04/22/08 04/22/08 1 19 Salinity 0.1 820 units Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel:(818)998-5547 • Fax: (818)998-7258 AMERICAN Page 4 of 5 r j LABORATORY ANALYSIS RESULTS ANALYTICS i Client: Environ (LA) AA Project No: A64177 Project No: 0418529B Date Received: 04/22/08 Project Name: CP Wetlands Date Reported: 04/23/08 Reporting Spike Source %REC RPD lAnalyte Result Limit Units Level Result %REC Limits RPD Limit Notes General Chemistry Analyses -Quality Control Batch B8D2303-NO PREP Duplicate (138D2303-DUP1) Source: 8D22004-03 Prepared &Analyzed: 04/22/08 Specific Conductance (EC) 36800 200 umhos/cm 36800 0.0543 25 Batch B8D2304-NO PREP Duplicate (68D2304-DUP1) Source: 8D22004-03 Prepared &Analyzed: 04/22/08 Salinity 19.4 0.10 Salinity 19.2 1.04 20 units Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547• Fax: (818)998-7258 AMERICAN Page 5 of 5 LABORATORY ANALYSIS RESULTS ANALYTiCS I Client: Environ (LA) AA Project No: A64177 Project No: 0418529B Date Received: 04/22/08 Project Name: CP Wetlands Date Reported: 04/23/08 Special Notes Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel:(818)998-5547• Fax: (818)998-7258 E N V I R 6�/ �y CHAIN—of—CUSTODY #o�'i \ of �� _ 05379 PAGE 2010 Main St., Suite 900 ® 707 Wilshire Blvd.,Suite 950 1rvMe, Calif. 92614 Los Angeles, Call(. 9001 �949) 261 949) 261-6202 (fax) (213) 943-9301 (fax) PROJECT NAME / FACIUfTY ID: � lda���' FIELD PERSON: PROJECT NUMBER: 0/4�:L2 T DATE: 12y l O -f PROJECT MANAGER: PROJECT LOCATION: LABORATORY: �lr IS THIS A UST PROJECT OR IS E REQUIRED? Y N IF YES, GLOBAL. ID : YEAR g SAMPLER: W � � � � J��4 `yy��•1`y SIGNATURE: w i o x 3 o bI h i coMMENTs SAMPLE I.D. NUMBER w 0 VI zt Iol - W ( V w 12Lt,'IaCcA --at 4/4 Old - o i j 0o -- e .V .` r TOTAL. X X X _z _3 p LWQUISH D TIME DATE: E IV IM 73, TURNAROUND TIME SAMEDAY 72 HOURS (COMPANY): 157 ` CIRCLE ONE) 24 HOURS RELINQUISHED TIME DATE: 0 RECEIVED BY: I E/DAATt 48 HOURS NgRAdA1 C - ?-Z (COMPANY �Ie�/7//L2� ' 1 a SAMPLE INTEGRITY IF SEALED, SEAL INTEGRITY RELINQUIS BY: TIME/DATE: RECEIVED BY: TIME DATE: /3 4 n COMPANY): INTACT N Tamp INTACT: Y N an e_u 0 R A N 0 E c 0 u N r r Bryan Speegle,Director 300 N.Flower Street Santa Ana,CA Q( C Public uVorks P.O.Box 4048 Santa Ana,CA 92702-4048 Our Community. Our Commitment. Telephone: (714)834-2300 Fax: (714)834-5188 August 19, 2009 Karl Schwing V California Coastal Commission RECEV Sot,t I 200 Oceangate, IOth Floor Long Beach, CA 90802-4416 Coast Region Mark Johnsson AUG 2006 California Coastal Commission 45 Fremont Street, Suite 2000 ASA� Q ' San Francisco, CA 94105 2219 S1Ql� John Dixon California Coastal Commission 710 E Street, Suite 200 Eureka, CA 95501 Subject: Fourth Monthly Ground Water Level Monitoring Report for the East Garden Grove Wintersburg Channel,North Levee, City of Huntington Beach, Orange County, CA Attached is a copy of the fourth monthly Ground Water Level Monitoring Report for the East Garden Grove Wintersburg Channel, North Levee. This report is the fourth in a series of six monthly Monitoring Reports that will be submitted to the California Coastal Commission, as per condition 9b, of the Emergency Coastal Development Permit, 5-07-025-G. 1n response to the CCC request to conduct vegetation monitoring, the Orange County Flood Control District (OCFCD) requested access authorization to enter Shea Homes' property to conduct the vegetation baseline survey, as well as three annual vegetation monitoring events. OCFCD is still in the process of negotiating terms and conditions and has not yet received formal authorization from Shea Homes to enter the CP Wetlands parcel for vegetation monitoring. Should you require additional information, please do not hesitate to contact me at 714-834-2340. incerely, rdy Khan, Engineering Supervisor OC Public Works/Regulatory Permits Attachment S:\Regulatory Permits Section\PROJECTS\C05 East Garden Grove-WintersburgWORTH LEVEE\2007 Emergency Sheet PilelReports\Ground water Monitoring R PnAr1C(GUVIR rI ��d}t,Mnnth\r AVPr IPHPr rOe Ath IT nnth WP}Pr I PVPI rV nnitnrina Rrn rt dnr F WWI- Monthly Ground Water Level Report Prepared for: Orange County Public Works Santa Ana, California Prepared by: ENVIRON International Corporation Los Angeles, California Date: June 2008 Project or Version Number: 04-18529C E N V I R 0 N Prepared by: ENVIRON International Corporation 18100 Von Karman Avenue, Suite 600 Irvine, California 92612-0169 Tel: (949)261-5151 Fax: (949) 261-6202 Nicholas Steenhaut, PE Senior Associate Mauricio H. Escobar, PG Senior Manager J +� George O. Linkletter, PhD, PG Principal and Senior Vice President 04-18529C E N V I R 0 N Monthly Ground Water Level Report—June 2008 Contents Page 1 Introduction 1 2 Background 2 3 Field Activities 3 3.1 Data Collection 3 3.2 Deviations From Planned MRP Activities 4 4 Data Presentation 5 5 Data Discussion 6 6 Closing 7 List of Tables Table 1: Comparison of Laboratory and Field Measured Salinity 4 List of Figures Figure 1: Site Vicinity Map Figure 2: Well Location Map Figure 3a: Water Elevations, Tides, and Rainfall Data Figure 3b: Water Elevations North of Sheetpile(Including Rainfall Data) Figure 4a: Salinity in ENVIRON Wells Figure 4b: Salinity in LSA Wells List of Appendices Appendix A: Laboratory Reports Q:\R\RBF Consulting\Huntington Beach Wetlands\Monthly Monitoring ReportsW th Monthly Report-June 2008\Fourth Monthly GW Level Report-Final 081208.doc 04-18529C ii E N V I R 0 N Monthly Ground Water Level Report—June 2008 1 Introduction ENVIRON International Corporation (ENVIRON) is pleased to present this Ground Water Level Monitoring Report (Monitoring Report)to RBF Consulting (RBF) and Orange County Public Works (OC Public Works). This document is the fourth in a series of six monthly Monitoring Reports that will be prepared for RBF and OC Public Works for submittal to the California Coastal Commission (CCC), as specified in Task 6 of ENVIRON's December 17, 2007, Final Revised Ground Water Level Monitoring and Reporting Plan (MRP). The MRP is being implemented to satisfy some of the main permit conditions of the CCC for the County's installation of the now completed sheetpile reinforcement along a 3,800 foot stretch of the northern levee of the East Garden Grove Wintersburg Channel (CCC Permit No. 5-07-025-G). Specifically, the purpose of the MRP and the monthly Monitoring Reports is to provide an assessment of the hydrologic effects and potential impacts to wetlands at the 5-acre "County Parcel" (CP Wetlands parcel) following installation of the aforementioned sheetpile. The CP Wetlands parcel is located in Huntington Beach, California, adjacent to the northern levee of the Wintersburg Channel, approximately 2,500 feet west of the Graham Avenue bridge (Figure 1). The climate at the project site is Mediterranean, with warm summers and mild winters. The median annual rainfall for the last 30 years in the vicinity of the site is approximately 8.71 inches', most of which generally occurs in the winter months. Based upon information for the site reported by LSA Associates, Inc. (LSA), wetlands at the CP Parcel have historically been hydrologically influenced by rain events and the adjacent Wintersburg channel'. This report presents downhole water-level and conductivity (salinity) data collected from LSA Wells 8, 10, 12, and 14, ENVIRON Wells ENV-1 and ENV-2, and channel probe ENV-3, between April 21 and May 19, 2008. Figures 1 and 2 show the general vicinity of the site, the specific locations of the ENVIRON wells and probe, the sheetpile, and the LSA wells monitored at the CP Wetlands parcel. Although the locations of the ENVIRON wells in the northern levee are fixed, it is expected that, over time, the channel will erode the channel side of the levee until the sheetpile is reached. This will result in Well ENV-2 essentially becoming a channel probe, but should not materially affect Well ENV-1. ' LSA. March 21, 2002. Delineation of Wetlands Subject to U.S.Army Corps of Engineers and California Coastal Commission Regulatory Authority. Parkside Estates Tentative Tract No. 15419. County of Orange, California. 04-18529C 1 of 7 E N V I R 0 N Monthly Ground Water Level Report—June 2008 2 Background As stated in the preceding Section as well as the MRP, water level and salinity measurements are being collected by ENVIRON on behalf of RBP and OC Public Works and at the request of CCC, to assess hydrologic effects and potential impacts to wetlands at the 5-acre CP Wetlands parcel following installation of the sheetpile reinforcement along a portion of the northern levee of the East Garden Grove Wintersburg Channel. According to OC Public Works, the reinforcement activities were necessary to mitigate deteriorating conditions of the levee from erosion and burrowing animals, and to prevent possible collapse during future storm events. It is expected by OC Public Works that the earthen berm on the channel side of the sheetpile will continue to deteriorate over time through further erosion and animal burrowing activities. 04-18529C 2 of 7 E N V I R 0 N Monthly Ground Water Level Report—June 2008 3 Field Activities ENVIRON's field activities were carried out in general accordance with the provisions set forth in the MRP. Prior to conducting field work, ENVIRON notified RBF, OC Public Works, and LSA to identify and address any questions or concerns. During field activities, ENVIRON staff complied with appropriate site safety requirements, in general accordance with California and Federal Occupational Safety and Health Administration (OSHA) regulations. An OSHA compliant site-specific Health & Safety Plan (HASP)was used by ENVIRON while performing the work described herein. Field activities consisted of data collection at ENVIRON's Wells ENV-1 and ENV-2, the channel probe ENV-3, and four LSA wells LSA-8, LSA-10, LSA-12 and LSA-14. The data collection event and any deviations from planned MRP activities are described in further detail in the sections that follow. 3.1 Data Collection As described in ENVIRON's March 2008 Monthly Report, continuous water level and salinity data collection at Wells ENV-1, ENV-2, and channel probe ENV-3 began on January 7, 2008, which was prior to installation of the sheetpile along the top of the northern levee. These pre-sheetpile data ("baseline data") were collected continuously through completion of sheetpile installation on or about January 28, 20082. The new data presented in this Monitoring Report includes those collected between April 21 and May 19, 2008. During the May 19, 2008 site visit, ENVIRON staff downloaded data and recalibrated the downhole data-collection units using a calibration solution (QuickCal) provided by the manufacturer (In-Situ Inc.). When downloading data from the data loggers, the remaining battery power was checked for each unit, and batteries were replaced as needed. Water levels were manually calibrated by measuring depth to water from the top-of-casing (TOC) using a Solinst°water level meter. As a secondary means of calibrating salinity measurements, ENVIRON also collected water samples for analysis of conductivity and salinity for submittal to a State-certified analytical laboratory, American Analytics Laboratory (AAL) of Chatsworth, California. For this monitoring period, salinity samples for Wells ENV-1 and ENV-2, as well as channel probe ENV-3 were collected on May 19, 2008. Due to an absence of water in all four LSA Wells, ENVIRON was not able to collect samples from these wells. The salinity sampling results, as well as comparisons to the readings simultaneously recorded in downhole equipment, are presented in Table 1. Laboratory reports for the salinity samples are provided as Appendix A. 2 In this context, sheetpile installation refers to the specific point in time when the sheetpile was completed in the area between ENV-1 and ENV-2. Actual sheetpile construction spanned a period of several weeks. 04-18529C 3 of 7 E N V I R 0 N Monthly Ground Water Level Report—June 2008 Table 1: Comparison of Laboratory and Field Measured Salinity Well ID Date and Time Laboratory Transducer Relative Percent Salinity(PSU) Salinity(PSU) Difference ENV-1 05/19/2008 11:18 14 14.35 2.5 % ENV-2 05/19/200810:18 14 ENV-3 05/19/2008 09:15 19 22.15 15 % LSA-8 05/19/200812:10 DRY 0.00 - LSA-10 05/19/200811:50 DRY 0.00 - LSA-12 05/19/200811:40 DRY 0.07 - LSA-14 05/19/200811:25 DRY 0.02 - * No transducer reading due to equipment down-time caused by flooding of the battery compartment 3.2 Deviations From Planned MRP Activities The following bullet list represents deviations from planned MRP implementation activities for the period of April 21 to May 19, 2008. • During the site visit on May 19, 2008, the data logger for ENV-2 was found to have a defective battery compartment, and water intrusion caused the unit to short circuit. A replacement unit was immediately obtained from the manufacturer, and data collection resumed that same day. However, water level and salinity data were not recorded in Well ENV-2 between April 26 and May 19, 2008. Given the fact that water levels at this location essentially track channel water levels monitored by ENV-3, the loss of this data will not affect our capabilities to evaluate the ground water trends at the Site, however, the manufacturer was contacted because this is the third battery compartment failure in 4 months. An investigation of this recurring problem by the manufacturer did not yield any insights into what may be causing the water intrusion. • Where required, water elevations and salinity values recorded by the data loggers have been corrected prior to plotting. Due to instances of sensor drift, raw data downloaded from the downhole units sometimes shows anomalous "jumps" after a recalibration event. Because this is not a true reflection of actual conditions, ENVIRON has in such cases adjusted the data before plotting or tabulating it. Data adjustment in the manner described above is a form of quality control and an expected part of using and reporting data collected from downhole equipment and is not considered a significant issue3. • ENVIRON was on site to collect salinity samples on May 19, 2008. Because all four LSA wells were dry, no water levels were recorded by the transducers and ENVIRON was not able to collect samples for salinity analysis from these wells. This deviation from the plan is considered outside of ENVIRON's control. 3 Previous monthly monitoring reports described the process of data adjustment as"normalization". This term was incorrect and has been changed in this report to more accurately describe the quality control process. 04-18529C 4 of 7 E N V I R 0 N Monthly Ground Water Level Report—June 2008 4 Data Presentation Figure 3A shows water elevations recorded in the two ENVIRON wells, the channel probe, and the four LSA wells from the start of monitoring activities through May 19, 2008. Figure 3B shows only the wells north of the sheetpile. Figure 3A also includes tidal fluctuations and Figures 3A and 3B both, include precipitation events, although the absolute magnitude of these parameters is not represented on the Y-axes. Where wells have gone dry and data loggers stopped recording water levels, the lines in Figures 3A and 3B stop. Brief periods where no data were collected due to equipment down-time are shown as dashed lines. Figure 4A shows salinity data for the two ENVIRON wells and the channel probe from the start of monitoring activities through May 19, 2008. Figure 4B shows salinity data for the four LSA wells from the date the downhole equipment was placed into each well through May 19, 2008. Since these wells have been dry since the previous monitoring round, no new information since the previous report (May 2008) is presented in Figure 4B. Salinity is expressed on the graphs in practical salinity units (PSU), and both data logger salinity (continuous lines) as well as lab measured salinity values (single dots) are represented on the graphs. 04-18529C 5 of 7 E N V I R 0 N Monthly Ground Water Level Report—June 2008 5 Data Discussion This section discusses data collected from LSA Wells 8, 10, 12, and 14, Wells ENV-1 and ENV-2, and channel probe ENV-3 during the period between April 21 and May 19, 2008. A summary and conclusions report discussing the data presented in all six Monthly Reports will be prepared upon completion of the six-month monitoring period. Listed below, are general observations made during the most recent monitoring phase. • Water elevations in ENV-1, have continued their downward trend, and are now approximately six feet below the average pre-sheetpile water elevations for this well. Dry conditions remain in all four LSA wells. Water levels in ENV-2 and ENV-3 continue to track tidal fluctuations in a similar fashion as reported in previous reports. • Field-recorded salinity data generally showed good correlation with laboratory-reported values (Figure 4A; Table 1). At ENV-2, due to equipment down-time, no transducer data were available for comparison with reported laboratory salinity values. Due to dry conditions at the LSA wells, no samples were collected; only transducer-read data was available for these wells during this monitoring period. All transducer readings at the LSA wells were at, or close to zero, as is to be expected when the wells are dry. 04-18529C 6 of 7 E N V I R 0 N Monthly Ground Water Level Report—June 2008 6 Closing This report constitutes the fourth in a series of six monthly Monitoring Reports. The next report will be submitted toward the end of July 2008, at which time the data collected between May 19 and June 23, 2008 from the two ENVIRON wells, channel probe, and four LSA wells will be presented. After the six monthly reports have been published, a Summary and Conclusions report will be prepared containing conclusions and recommendations pertaining to the effect of the sheetpile on wetland hydrology, to the extent possible. 04-18529C 7 of 7 E N V I R 0 N Monthly Ground Water Level Report—June 2008 Figures 04-18529C E N V I R 0 N •• \ 11 P was 1014 Circle vi a la. m I / /YI Hieh&h � Rov t IL. - iP� i he Fy. Iir�—.+ . (park 1e ■ p �FNDARPI'- Tna1�s7Ew , _ _—•. — bTJWARY �W L1 L S6 N 44 —t 2 a Par4' tl Rl1� „ur v iuR/ oRft ire c I� L A B O i S �� C t?_sH . n _"' L- II `�1�• {� 1.L t ii _� — f CiIA Tlw �. . . Y I �: C WWTER$AVRR- refl j .�:� � Country -a� ark I h PA tls AVE- Shea Homes I N rrn ) aca� wets j' Properties66 �� 1 CP YYrV and Pae ��mo . �' SLA TL--" ..i iCT. .. PROJECT - SITE ., .. ._- . B Y I \ N !. 0 2000 4000 e uses SOURCE'USOS Map 75 Min Seoee(Topographic)SEAL BEACH QUAD Catdomtl Temassvrl SCALE IN FEET m 'ENV I R O N Site Vicinity Map Figure County of Orange Huntington Beach,California IL - Shea Property T CP Wetland Parcel J/ ENu� `h C - . ,.10 % �p< '�.` � �• '+L A-1� See ► +L?SA12qGip la :Y Jti Ga<a + -11'rS ENV-1 ,31t ' fi , e y . y s¢ ENV-2 + '� it's A Will it I. .- - . . �,r : ,iij► , Legend 14 Gas Line Approximate Location o(14-inch Gas Line „ ENVIRON Wells '�.+•�'!, - � , ' , ' �' �-•' � LSA Wells • Notes: Sheet Pile Loptions of property boundaries and sheet pile are approximate. w To accommodate the 14-inch gas line,a 5.65-foot void was left in the sheet pile. c=B3 Property BourWaries �• C Image Source:Eagle Aerials(County) ENV 1 R O N Well Location Map o eo ioo Figure cR a 1"=100' Huntinglon Beach.Baacb.CalHomla 2 Dmtler NLS Date_ d10121109 Gonad Number: M-18529A fiqopboved ReneeO'.LGw nw.nauautt�w�w m r rJ E w 4 `a 3 9 SIMt Pile Installation e 2 •—�Jam1 y 28,2008 a 1 � F y 0Jill t G W -2 t w 3 S 3 ••••..ENV-3 � ---•--ENV-2 -4 ENV-1 LSA-14 --+--LSA-12 -5 •••...LSA-10 Ah ---•--ISA-8 TWea -8 ---ilmiaitaaon ti-- 7 8 7-Jan 21-Jan 4-Feb 18-Feb 3-Mar 17-Mar 31-Mar 14-Apr 28-Apr 12-May Time a—dpue.r�wopw.oaa�mow. TMM Data:H.wv on arts.N-Ap ary w.:ow rot avriNNe.e�wnmem oowm�r UTIA Zpw 11 na. 'N.111.W W * YNGM aaIlNwpo'rM1y E N V I R O N Water Elevations, Tides, and Rainfall Data Figure caaan aroma 3a .. . . nwe 1. Hmliftoon 6eae4 CAH wuia mu c . o 1eaa3c T 2 0 fD T -3 m ENV-1 -3.5 -LSA-14 i -LSA-12 -LSA-10 m 4 + -LSA-8 Precipitation -4.6 9 J o Z -5 4 Q C a O -5 5 d � W F d -6 NA m m -6.5 o -7 . m m 0 m 6 -7.5 8 a v 18-Feb 25-Feb 3-Mar 10-Mar 17-Mar 24-Mar 31-Mar 7-Apr 14-Apr 21-Apr 28-Apr 5-May 12-May 19-May Time Notes: Wells are expected to dry out at the following approximate elevations below sea Indicates well has gone dry level: LSA-8: 6.3 ft; LSA-10: 6.5 ft, LSA-12: 6.8 ft; LSA-14: 7.5 ft, ENV-1 10 fl. NA:Data not available-equipment downtime. Absolute magnitude of precipitation data not represented on Y-axis. E N V I R O N water Elevations North of Sheetpile (ind. Rainfall Data) Figure April 21, 2008 to May 19, 2008 ACounty of Orange Huntington Beach,California Drafter. JJC Date: 620/08 Contract Number. 04-18529A Approved. Revised. 0 4 i 3 40 3 35 9 e 30 — a i 25 y 20 —_ a_ • c A w 15had ' � u o • i 10 —ENV-1 • ENVA Lab —ENV-2 5 - • ENV-2 Lab —ENV-3 • ENV-3 Lab Le —Precipitation 0 ...—.Titles _5 -- 3-Jan 17-Jan 31-Jan 14-Feb 28-Feb 13-Mar 27-Mar 10-Apr 24-Apr 8-May 22-May Time Tidal Data:H.,b,t.Cl,ft ronr N..,o Bay NOTE: AhedWrregnlWde Mlltlel eritl UTMZare1133.MYN 11798 W Precip�aontl�mtn+PeaerlldmV-stla. E N V I R O N Salinity in EN"RON Wells Figum County of Orange 4a a u,. is I.. . xv>au Huntington Beach.California oa-1B!18(. T 0 (LN1 m T 80 Willi t i:1'..°('.-.r i�i;�i;f... r•ttr ri}�f i•..tl��!�ji�iitl .•, ie i�iif{iiy }1..pt T iil . f 75 b 70 s? LSA-12: DRY 65 60 `a 55 3 50 45 IL 40 35 a fn 30 LSA-8 25 • LSA-10 z • LSA-10 Lab 20 LSA-14: DRY LSA-12 f 15 • LSA-12 Lab 10 LSA-14 FMDR� � 5 • LSA-14 Lab LSA-10: DRY 0 —Precipitation Tides 17-Feb 24-Feb 2-Mar 9-Mar 16-Mar 23-Mar 30-Mar 6-Apr 13-Apr 20-Apr 27-Apr 4-May 11-May 18-May Time * Sudden shift In salinity at LSA-12 and LSA-14 on April 21 is due to recalibration of the sensors.See text in May report for discussion of salinity,values above zero rn walla that have gone dry. Tidal Data: Huntington Cliffs near Newport Bay NOTE: Absolute magnitude of tidal and UTM Zone 11 33.6603'N. 117.991 precipitation data not represented on Y-axis. Salinity in LSA Wells Figure ENV I R O N County of(range 4b Huntington Beach,California Drafter: JJC Date: 620/08 Contract Number. 04-18529A Approved: Revised: Monthly Ground Water Level Report—June 2008 Appendix A: Laboratory Reports 04-18529C E N V I R 0 N aMeaicaN 9765 Eton Avenue Chatsworth California 91311 _ Tel: (818)998-5547 ANALYTICS Fax: (818)998-7258 May 21, 2008 Mauricio Escobar Environ (LA) 707 Wilshire Boulevard, Suite 4950 Los Angeles, CA 90017 Re : CP Wetlands/0418529B A64181 /8E20004 Enclosed is an analytical report for the above-referenced project. The samples included in this report were received on 05/20/08 12:46 and analyzed in accordance with the attached chain-of-custody. Unless otherwise noted, all analytical testing was accomplished in accordance with the guidelines established in our Quality Assurance Program Manual, applicable standard operating procedures, and other related documentation. The results in this analytical report are limited to the samples tested and any reproduction thereof must be made in its entirety. If you have any questions regarding this report or require additional information please call me at American Analytics. Sincerely, Viorel Vasile Operations Manager AMERICAN Page 2 of 5 LABORATORY ANALYSIS RESULTS ANA�YTICS Client: Environ (LA) AA Project No: A64181 Project No: 0418529B Date Received: 05/20/08 Project Name: CP Wetlands Date Reported: 05/21/08 Sample ID Laboratory ID Matrix TAT Date Sampled Date Received Conductivity 120.1 ENV-1-200805191118 8E20004-01 Water 10 05/19/0811:18 05/20/08 12:46 ENV-2-200805191018 8E20004-02 Water 10 05/19/0810:18 05/20/08 12:46 ENV-3-200805190915 8E20004-03 Water 10 05/19/08 09:15 05/20/08 12:46 Salinity SM 2520 ENV-1-200805191118 8E20004-01 Water 10 05/19/0811:18 05/20/08 12:46 ENV-2-200805191018 8E20004-02 Water 10 05/19/0810:18 05/20/08 12:46 ENV-3-200805190915 8E20004-03 Water 10 05/19/08 09:15 05/20/08 12:46 Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547• Fax: (818)998-7258 AMERICAN Page 3 of 5 j LABORATORY ANALYSIS RESULTS ANALYTICs � Client: Environ (LA) AA Project No: A64181 Project No: 0418529B Date Received: 05/20/08 Project Name: CP Wetlands Date Reported: 05/21/08 Method: General Chemistry Analyses AA I.D. No. Client I.D. No. Sampled Prepared Analyzed Dilution Result Units MRL Conductivity 120.1 (EPA 120.1) 8E20004-01 ENV-1-200805191 05/19/08 05/20/08 05/20/08 20 29000 umhos/ 10 118 cm 8E20004-02 ENV-2-200805191 05/19/08 05/20/08 05/20/08 20 29000 umhos/ 10 018 cm 8E20004-03 ENV-3-200805190 05/19/08 05/20/08 05/20/08 20 42000 umhos/ 10 915 cm Salinity SM 2520 (SM 2520) 8E20004-01 ENV-1-200805191 05/19/08 05/20/08 05/20/08 1 14 Salinity 0.1 118 units 8E20004-02 ENV-2-200805191 05/19/08 05/20/08 05/20/08 1 14 Salinity 0.1 018 units 8E20004-03 ENV-3-200805190 05/19/08 05/20/08 05/20/08 1 19 Salinity 0.1 915 units Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel:(818)998-5547• Fax: (818)998-7258 AMERICAN I Page 4 of 5 g i LABORATORY ANALYSIS RESULTS ANALYTICs I Client: Environ (LA) AA Project No: A64181 Project No: 0418529E Date Received: 05/20/08 Project Name: CP Wetlands Date Reported: 05/21/08 Reporting Spike Source %REC RPD Anal a Result Limit Units Level Result %REC Limits RPD Limit Notes General Chemistry Analyses -Quality Control Batch B8E2006-NO PREP Blank (B8E2006-BLK1) Prepared &Analyzed: 05/20/08 Specific Conductance (EC) <10 10 umhos/cm Duplicate (B8E2006-DUP1) Source: 8E20004-03 Prepared &Analyzed: 05/20/08 Specific Conductance (EC) 38800 200 umhos/cm 41600 7.11 25 Batch 88E2007-NO PREP Blank (B8E2007-BLK1) Prepared &Analyzed: 05/20/08 Salinity <0.10 0.10 Salinity units Duplicate (B8E2007-DUP1) Source: 8E20004-02 Prepared &Analyzed: 05/20/08 Salinity 13.7 0.10 Salinity 13.5 1.47 20 units Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547 - Fax: (818)998-7258 AMERICAN , i Page 5 of 5 _ LABORATORY ANALYSIS RESULTS _ I ANALYTICS Client: Environ (LA) AA Project No: A64181 Project No: 0418529B Date Received: 05/20/08 Project Name: CP Wetlands Date Reported: 05/21/08 Special Notes Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547• Fax: (818)998-7258 ENV I R C IV CHAIN—of—CUSTODY Nq 05976 PAGE --` of S uile 900 ®(72017 M W9ild4h3il-Ge 38C1qr id(f.T0n10e,MCaain/.S11 .04 Le gelas, �. : 10�_r/__�._ U WO �h;4 1-5151 1 (2. 3-80199 28 PROJECT NAME / FACILITY ID: FIELD PERSON: � PROJECT NUMBER: ��t3 ���_ DATE: 7 �� �O PROJECT MANAGER: PROJECT LOCATION: LABORATORY: GS IS THIS A UST PROJECT OR IS EDF REQUIRED? Y (!�DF YES, GLOBAL IDYEAR :y SAMPLER: �J Y �a SIGNATURE: -mfW w CL � o Q La J -Ui `J` �9 co SAMPLE I.D. NUMBER N N N a s lz COMMENTS �Nv-3sAs its 1r _ 1nJ V — TOTAL lxlx!X'l LINQUiSHE TIM DATE: ME A : TURNAROUND TIME SAMEDAY 72 HOURS OMPPNY). (CIRCLE ONE) 24 HOURS 5 DAYSIlAo-vo y R NQUISHED BY- ME DA E / CENED BY: TI E ATE: [� 48 HOURS _ NORMAL �^ s (COMPANY):,}/pre-R, A-/icz e SAMPLE INTEGRITY IF SEALED, SEAL INTEGRITY RNQUISH D BY: T E/DA RECEIVED COMPA BY: TI ELI DA 0 1Ni Y Temp � C INTACT: Y N II FILL. wo do O R A N G E C O U N T Y Bryan Speegle,Director 300 N.Flower Street PubhcWrks P lA 8 Santa Ana,CA 92702-4048 Our Community. Our Commitment. Telephone: (714)834-2300 Fax: (714)834-5188 September 9, 2008 Karl Schwing California Coastal Commission 200 Oceangate, loth Floor Long Beach, CA 90802-4416 RECEIVED SouthCoast Region Mark Johnson California Coastal Commission SEP 1 1 2008 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 COASTAL CALIFORNIA John Dixon California Coastal Commission 710 E Street, Suite 200 Eureka, CA 95501 Subject: Fifth Monthly Ground Water Level Monitoring Report for the East Garden Grove Wintersburg Channel,North Levee, City of Huntington Beach, Orange County, CA Attached is a copy of the fifth monthly Ground Water Level Monitoring Report for the East Garden Grove Wintersburg Channel, North Levee. This report is the fifth in a series of six monthly Monitoring Reports that will be submitted to the California Coastal Commission, as per condition 9b, of the Emergency Coastal Development Permit, 5-07-025-G. In response to the CCC request to conduct vegetation monitoring, the Orange County Flood Control District (OCFCD) requested access authorization to enter Shea Homes' property to conduct the vegetation baseline survey, as well as three annual vegetation monitoring events. OCFCD is still in the process of negotiating terms and conditions and has not yet received formal authorization from Shea Homes to enter the CP Wetlands parcel for vegetation monitoring. Should you require additional information,please do not hesitate to contact me at 714-834-2340. Sincerely, N an, E ine tng Supervisor OC Public Works/Regulatory Permits Attachment S:\Regulatory Permits Section\PROJECTS\C05 East Garden Grove-Wintersburg\NORTH LEVEE\2007 Emergency Sheet Pile\Reports\Ground water Monitoring Reports(ENVtRON)\5th montMCoyer letter C05 5th month Water Level Monitoring Reportdoc Monthly Ground Water Level Report Prepared for: Orange County Public Works Santa Ana, California Prepared by: ENVIRON International Corporation Los Angeles, California Date: July 2008 Project or Version Number: 04-18529C ENV' I RON Monthly Ground Water Level Report—July 2008 Prepared by: ENVIRON International Corporation 2010 Main Street, Suite 900 Irvine, California 92614-7215 Tel: (949) 261-5151 Fax: (949) 261-6202 i Nicholas Steenhaut, PE Senior Associate G Mauricio H. Escobar, PG Senior Manager George O. Linkletter, PhD, PG Principal and Senior Vice President 04-18529C i E N V I R 0 N Monthly Ground Water Level Report—July 2008 Contents Page 1 Introduction 1 2 Background 2 3 Field Activities 3 3.1 Data Collection 3 3.2 Deviations From Planned MRP Activities 4 4 Data Presentation 5 5 Data Discussion 6 6 Closing 7 List of Tables Table 1: Comparison of Laboratory and Field Measured Salinity 4 List of Figures Figure 1: Site Vicinity Map Figure 2: Well Location Map Figure 3a: Water Elevations, Tides, and Rainfall Data Figure 3b: Water Elevations North of Sheetpile (Including Rainfall Data) Figure 4a: Salinity in ENVIRON Wells Figure 4b: Salinity in LSA Wells List of Appendices Appendix A: Laboratory Reports Q:1RIRBF ConsultinglHuntington Beach Wetiands\Monthly Monitoring Reportsl5 th Monthly Report-July 20081Fifth Monthly GW Level Report-FINAL 090308 mhegol.doc 04-18529C ii E N V f R 0 N Monthly Ground Water Level Report—July 2008 1 Introduction ENVIRON International Corporation (ENVIRON) is pleased to present this Ground Water Level Monitoring Report (Monitoring Report)to Orange County Public Works (OC Public Works). This document is the fifth in a series of six monthly Monitoring Reports that will be prepared for OC Public Works for submittal to the California Coastal Commission (CCC), as specified in Task 6 of ENVIRON's December 17, 2007, Final Revised Ground Water Level Monitoring and Reporting Plan (MRP). The MRP is being implemented to satisfy some of the main permit conditions of the CCC for the County's installation of the now completed sheetpile reinforcement along a 3,800 foot stretch of the northern levee of the East Garden Grove Wintersburg Channel (CCC Permit No. 5-07-025-G). Specifically, the purpose of the MRP and the monthly Monitoring Reports is to provide an assessment of the hydrologic effects and potential impacts to wetlands at the 5-acre "County Parcel" (CP Wetlands parcel) following installation of the aforementioned sheetpile. The CP Wetlands parcel is located in Huntington Beach, California, adjacent to the northern levee of the Wintersburg Channel, approximately 2,500 feet west of the Graham Avenue bridge (Figure 1). The climate at the project site is Mediterranean, with warm summers and mild winters. The median annual rainfall for the last 30 years in the vicinity of the site is approximately 8.71 inches', most of which generally occurs in the winter months. Based upon information for the site reported by LSA Associates, Inc. (LSA), wetlands at the CP Parcel have historically been hydrologically influenced by rain events and the adjacent Wintersburg channel'. This report presents downhole water-level and conductivity (salinity) data collected from LSA Wells 8, 10, 12, and 14, ENVIRON Wells ENV-1 and ENV-2, and channel probe ENV-3, between May 19 and June 23, 2008. Figures 1 and 2 show the general vicinity of the site, the specific locations of the ENVIRON wells and probe, the sheetpile, and the LSA wells monitored at the CP Wetlands parcel. Although the locations of the ENVIRON wells in the northern levee are fixed, it is expected that, over time, the channel will erode the channel side of the levee until the sheetpile is reached. This will result in Well ENV-2 essentially becoming a channel probe, but should not materially affect Well ENV-1. ' LSA. March 21, 2002. Delineation of Wetlands Subject to U.S.Army Corps of Engineers and California Coastal Commission Regulatory Authority. Parkside Estates,Tentative Tract No. 15419. County of Orange, California. 04-18529C 1 of 7 E N V I R 0 N Monthly Ground Water Level Report—July 2008 2 Background As stated in the preceding Section as well as the MRP, water level and salinity measurements are being collected by ENVIRON on behalf of OC Public Works and at the request of CCC, to assess hydrologic effects and potential impacts to wetlands at the 5-acre CP Wetlands parcel following installation of the sheetpile reinforcement along a portion of the northern levee of the East Garden Grove Wintersburg Channel. According to OC Public Works, the reinforcement activities were necessary to mitigate deteriorating conditions of the levee from erosion and burrowing animals, and to prevent possible collapse during future storm events. It is expected by OC Public Works that the earthen berm on the channel side of the sheetpile will continue to deteriorate over time through further erosion and animal burrowing activities. 04-18529C 2 of 7 E N V I R 0 N Monthly Ground Water Level Report—July 2008 3 Field Activities ENVIRON's field activities were carried out in general accordance with the provisions set forth in the MRP. Prior to conducting field work, ENVIRON notified OC Public Works, and LSA to identify and address any questions or concerns. During field activities, ENVIRON staff complied with appropriate site safety requirements, in general accordance with California and Federal Occupational Safety and Health Administration (OSHA) regulations. An OSHA compliant site-specific Health & Safety Plan (HASP)was used by ENVIRON while performing the work described herein. Field activities consisted of data collection at ENVIRON's Wells ENV-1 and ENV-2, the channel probe ENV-3, and four LSA wells LSA-8, LSA-10, LSA-12 and LSA-14. The data collection event and any deviations from planned MRP activities are described in further detail in the sections that follow. 3.1 Data Collection As described in ENVIRON's March 2008 Monthly Report, continuous water level and salinity data collection at Wells ENV-1, ENV-2, and channel probe ENV-3 began on January 7, 2008, which was prior to installation of the sheetpile along the top of the northern levee. These pre-sheetpile data ("baseline data") were collected continuously through completion of sheetpile installation on or about January 28, 2 0082. The new data presented in this Monitoring Report includes those collected between May 19 and June 23, 2008. During the June 23, 2008 site visit, ENVIRON staff downloaded data and recalibrated the downhole data-collection units using a calibration solution (QuickCal) provided by the manufacturer (In-Situ Inc.). When downloading data from the data loggers, the remaining battery power was checked for each unit, and batteries were replaced as needed. Water levels were manually calibrated by measuring depth to water from the top-of-casing (TOC) using a Solinse water level meter. As a secondary means of calibrating salinity measurements, ENVIRON also collected water samples for analysis of conductivity and salinity for submittal to a State-certified analytical laboratory, American Analytics Laboratory (AAL) of Chatsworth, California. For this monitoring period, salinity samples for Wells ENV-1 and ENV-2, as well as channel probe ENV-3 were collected on June 23, 2008. Due to an absence of water in all four LSA Wells, ENVIRON was not able to collect samples from these wells. The salinity sampling results, as well as comparisons to the readings simultaneously recorded in downhole equipment, are presented in Table 1. Laboratory reports for the salinity samples are provided as Appendix A. 2 In this context, sheetpile installation refers to the specific point in time when the sheetpile was completed in the area between ENV-1 and ENV-2. Actual sheetpile construction spanned a period of several weeks. 04-18529C 3 of 7 E N V I R 0 N Monthly Ground Water Level Report—July 2008 Table 1: Comparison of Laboratory and Field Measured Salinity Well ID Date and Time Laboratory Transducer Relative Percent Salinity(PSU) Salinity(PSU) Difference ENV-1 06/23/2008 16:10 15 15.55 3.6% ENV-2 06/23/2008 15:30 15 21.37 35 % ENV-3 06/23/2008 14:45 6.0 12.79 72 % LSA-8 06/23/200816:50 DRY 0.00 - LSA-10 06/23/200816:45 DRY 0.33 - LSA-12 06/23/200816:35 DRY 0.03 - LSA-14 06/23/200816:25 DRY 0.02 - 3.2 Deviations From Planned MRP Activities The following bullet list represents deviations from planned MRP implementation activities for the period of May 19 to June 23, 2008. • Where required, water elevations and salinity values recorded by the data loggers have been corrected prior to plotting. Due to instances of sensor drift, or typographical errors during calibration, raw data downloaded from the downhole units sometimes shows anomalous "jumps" after a recalibration event. Because this is not a true reflection of actual conditions, ENVIRON has in such cases adjusted the data before plotting or tabulating it. Data adjustment in the manner described above is a form of quality control and an expected part of using and reporting data collected from downhole equipment and is not considered a significant issue3. • ENVIRON was on site to collect salinity samples on June 23, 2008. Because all four LSA wells were dry, no water levels were recorded by the transducers and ENVIRON was not able to collect samples for salinity analysis from these wells. This deviation from the plan is considered outside of ENVIRON's control. 3 Previous monthly monitoring reports described the process of data adjustment as"normalization". This term was incorrect and was changed to more accurately describe the quality control process. 04-18529C 4 of 7 E N V I R 0 N Monthly Ground Water Level Report—July 2008 4 Data Presentation Figure 3A shows water elevations recorded in the two ENVIRON wells, the channel probe, and the four LSA wells from the start of monitoring activities through June 23, 2008. Figure 3B shows only the wells north of the sheetpile. Figure 3A also includes tidal fluctuations and Figures 3A and 3B both, include precipitation events, although the absolute magnitude of these parameters is not represented on the Y-axes. Where wells have gone dry and data loggers stopped recording water levels, the lines in Figures 3A and 3B stop. Brief periods where no data were collected due to equipment down-time are shown as dashed lines. Figure 4A shows salinity data for the two ENVIRON wells and the channel probe from the start of monitoring activities through June 23, 2008. Figure 4B shows salinity data for the four LSA wells from the date the downhole equipment was placed into each well through June 23, 2008. Since these wells have been dry since March-April, no new information since the previous report (June 2008) is presented in Figure 4B. Salinity is expressed on the graphs in practical salinity units (PSU), and both data logger salinity (continuous lines) as well as lab measured salinity values (single dots) are represented on the graphs. 04-18529C 5 of 7 E N V I R O N 0 Monthly Ground Water Level Report—July 2008 5 Data Discussion This section discusses data collected from LSA Wells 8, 10, 12, and 14, Wells ENV-1 and ENV-2, and channel probe ENV-3 during the period between May 19 and June 23, 2008. A summary and conclusions report discussing the data presented in all six Monthly Reports will be prepared upon completion of the six-month monitoring period. Listed below, are general observations made during the most recent monitoring phase. • Water elevations in ENV-1, have continued their downward trend, and are now approximately seven feet below the average pre-sheetpile water elevations for this well. Dry conditions remain in all four LSA wells. Water levels in ENV-2 and ENV-3 continue to track tidal fluctuations in a similar fashion as reported in previous reports. • Field-recorded salinity data showed good correlation with laboratory-reported values at ENV-1, and relatively poor correlation at ENV-2 and ENV-3 (Figure 4A; Table 1). Although there are several potential explanations for the differences at ENV-2 and ENV-3 (e.g., calibration issues, sampling height, sensor drift), the specific cause has not been identified. Due to dry conditions at the LSA wells, no samples were collected; only transducer-read data was available for these wells during this monitoring period. All transducer readings at the LSA wells were at, or close to zero, as is to be expected when the wells are dry. • Following brief, but intense, rain events on May 23, and May 24, water levels in LSA-10 increased by as much as 4 feet, followed by a rapid decrease back to dry conditions. Unlike the site-wide response seen after the rain events in mid-February, little to no response was observed in other wells on the Site. ENVIRON has noted that the stand pipe at LSA-10 is loose, and therefore, may allow surface water to drain into the well when the adjacent area is inundated. This scenario is supported by the magnitude and speed of the increase in water levels (4 feet in 20 minutes), the subsequent rapid decrease, and the isolated nature of the response. 04-18529C 6 of 7 E N V I R 0 N Monthly Ground Water Level Report—July 2008 6 Closing This report constitutes the fifth in a series of six monthly Monitoring Reports. The next report will be submitted toward the end of August 2008, at which time the data collected between June 23 and July 21, 2008 from the two ENVIRON wells, channel probe, and four LSA wells will be presented. After the six monthly reports have been published, a Summary and Conclusions report will be prepared containing conclusions and recommendations pertaining to the effect of the sheetpile on wetland hydrology, to the extent possible. 04-18529C 7 of 7 E N V I R 0 N Monthly Ground Water Level Report—July 2008 Figures 04-18529C E N V I R 0 N . II ——1•' b:ll sea \ 111• •ee 1/1J 1 • ' / �11 Na irn a Ii � e •. G • Han xh li L - WJ� I _ •. Y_NOYAL a i 1 eS�sla� wn e• P jL 7' e _ N9E.. AVE •L 1 W 1.1 (IIINDAHv — - 1 W. l w ai 1r 3 o- iin 2 - 1'•ad - ` r , VI„-ems { rCLABIL ,1 ! `' �2j1, � �f� �F srs Viexthi C ° u{ -'SI C 5 SIGNAR Ii JIl - l_ iii— •l` T I f Y TYRiDROR = � �O• r 1 L A B 0 L S - a arC'rr L I i i_' � n IIII I +•i 1"P"��011 1�11f{rR171`: i - r+ . yea lea rj �`—�. + - — G +— ��' Jy -i L J Y �WINTERSFrIRtY Ira .DNA Fin-f-U*" ,.4I Park mf Je { Shea Homes r(v� - .. r Properties _ 1 A, I CP , . Par e - i� 3 0 PROJECTi SITE _ T II 7 i I l Il O .. r afi n \ \ J f O' 0 2000 4000 n ZIYGS \ SOURCE-lJSG3MI75 Min Smeiijorograp"q)SEAL HEACH QUAD CalllomlaTerra ,,r SCALE IN FEET E N V I R O N Site Vicinity Map Figure County of Orange Huntington Beach, California '� !s N � ~ S r - . , �;• � �: -=Shea Property. _- 00 7�'es 0,10*0 �. ENV 3 CP Wetland Parcel " - p r • ® �r ,LSA-8 66<Q<\6- <e(SO � v . sc A .LSA-10 �� .p1�n � ;• - t LSA-12 .�" G�p`� ae > M W 12��♦ 0ss< 4 t, s •/',• . ENV- 2 � ,.c•'' , c '. Legend ❑n ' 14"Gas e ® ENVIRApproximate Location of 14-inch Gas Line ' ENVIRON Wells • T4' � LSA Wells Notes: Sheet Pile Locations of property boundaries and sheet pile are approximate. M3Property Boundaries To accommodate the 14-inch gas line,a 5.65-foot void was left in the sheet ple. I�r. Image Source:Eagle Aerials(County) ENV 1 RO N Well Location Map 0 50 100 Figure cc Wetlands 2 Nundn9ren Beach,caidom 1"=100' another'. NI_S Dete: 6al(XDp8 C nbact Numhar: 0I-ha529A Aapmred, RMaed: nis.'aw rawer PeYMWrM a 0 8 5 i 4 4 3 Sheet Pilc Installation S A- January 28,2008 2 4 1 � a p 0 f A g Q yy i m -2 8 u d W p -3 + a n 3 4As i -5 .8 f frd 7 $ 1 -9 7-Jan 21-Jan 4-Feb 18-Feb 3-Mar 17-Mar 31-Mar 14-Apr 28-Apr 12-May 2840ay 9-Jun 23-jun nme *IonMm"Ih goraby, TkWD,la:Neeeaeeonciaeee.rNwPmaY NmE:awa�.rinpGiodeaeGNsiG **seea�yreeanN.amweummpeewarsa:o. UTt4ID 11W.8 'N.11r.8 of pedpiuoon Gels rotrepeeamG mYaEe. NA�Deie rot eraYetle-equpna'e Gw.rorn. E N V I R O N Water Elevations, Tides, and Rainfall Data Figure Cowry or Orange 3 a � � yc . wrn J. Huntington Beach,Caliromia oaresaac T 0 G) nTn _3 V f m i ENV-1 3.5 -LSA-14 4 -LSA-12 H -LSA-10 e 4.5 i Precipitation a ' 3 J 5 T N � � c o - -6 Aj. a d w 0 UJ 65 7 -7.5 N 8 A s m -8.5 `a Q 18-Feb 3-Mar 17-Mar 31-Mar 14-Apr 28-Apr 12-May 26-May 9-Jun 23-Jun Notes: Time * Indicates well has gone dry Wells are expected to dry out at the following approximate elevations below sea ** See July report for discussion of peak at LSA-10 level: LSA-8: 6.3 ft; LSA-10. 6.5 ft; LSA-12: 6.8 ft; LSA-14: 7.5 ft; ENV-1: 10 ft. Absolute magnitude of precipitation data not represented on Y-axis. NA:Data not available-equipmenI down5rne. E N V I R O N water Elevations North of Sheetpile (inel. Rainfall Data) Figure County of Orange 3 b Huntington Beaciy CaMornia Drafter: JJC Date: 821/08 Contract Number. 04-18529A Approved: Revised: }3= Salinity(PSU) N N w w n 10 as J N O N O N O N O N O r E f w ry v� rTi..... 'FJLT N � pM�Tpu• �.fi� Fr - 90 N • w •1 it .t/. S.R\....— m v ter:— - - Q '. S:1C MT= Bm N Q W T g L c !; �� - m A%�f &IeM HOb W13 ui. iup9Wu i• VW ue1 RI vWgpM dl f9NO-el3 T m ff T f 80 ' , t ,, '1 .,1 I}}� �r. r • rl r r' . r •.H r.S E 75 iSS. 'tS;i:: �i rr t .SiS rrSl a )S'� j:jlSrr' t innrlrr ) 2;�, S ii�;Siir I w G) 70 — �LSA-12: DRY'l 65 60 � 55 3 50 - - — h 45 a 40 e a 35 S a alit - LSA-8 12. 30 2. LSA-10 25 • LSA-10 Lab 20 LSA-14: DRY w LSA-12 m 15 • LSA-12 Lab 10 LSA-10: DRY LSA-14 5 • LSA-14 Lab o Q 0 - -Precipitation il — Tides 18-Feb 3-Mar 17-Mar 31-Mar 14-Apr 28-Apr 12-May 26-May 9-Jun 23-Jun Tlrm al Sudden shift In salinity at LSA-12 and LSA-14 on April 21 Is due to recallbrallon of the sensors. See text in May report for discussion of salinity values above zero in wells that have gone dry. **Sae July report for discussion of peak at LAS-10. Tidal Data: Huntington Cliffs near Newport Bay NOTE: Absolute magnitude of tidal and UTM Zone 11 33.6603°N, 117.9980°W precipitation data not represented on Y-axis. V. N V I R O N Salinity in LSA Wells Figure County of Orange 4b Huntington Beach,California Drafter: JJC Date: 820/08 Contract Number: 04-18529A Approved: Revised: Monthly Ground Water Level Report—July 2008 Appendix A: Laboratory Reports 04-18529C E N V I R 0 N AMERICAN ' 9765 Eton Avenue Chatsworth f California 91311 Tel: (818)998-5547 ANALYTIC$ i Fax: (818)998-7258 June 30, 2008 Mauricio Escobar Environ (LA) 707 Wilshire Boulevard, Suite 4950 Los Angeles, CA 90017 Re : CP Wetlands/0418529B A64182 18 F25013 Enclosed is an analytical report for the above-referenced project. The samples included in this report were received on 06/25/08 15:33 and analyzed in accordance with the attached chain-of-custody. Unless otherwise noted, all analytical testing was accomplished in accordance with the guidelines established in our Quality Assurance Program Manual, applicable standard operating procedures, and other related documentation. The results in this analytical report are limited to the samples tested and any reproduction thereof must be made in its entirety. If you have any questions regarding this report or require additional information please call me at American Analytics. Sincerely, Viorel Vasile Operations Manager AMERICAN i Page 2 of 5 it LABORATORY ANALYSIS RESULTS ANALYTIC$ Client: Environ (LA) AA Project No: A64182 Project No: 0418529B Date Received: 06/25/08 Project Name: CP Wetlands Date Reported: 06/30/08 Sample ID Laboratory ID Matrix TAT Date Sampled Date Received Conductivity 120.1 ENV-3-200806231445 8F25013-01 Water 10 06/23/0814:45 06/25/0815:33 ENV-2-200806231530 8F25013-02 Water 10 06/23/0815:30 06/25/0815:33 ENV-1-200806231610 8F25013-03 Water 10 06/23/0816:10. 06/25/0815:33 Salinity SM 2520 ENV-3-200806231445 8F25013-01 Water 10 06/23/0814:45 06/25/0815:33 ENV-2-200806231530 8F25013-02 Water 10 06/23/0815:30 06/25/0815:33 ENV-1-200806231610 8F25013-03 Water 10 06/23/0816:10 06/25/0815:33 Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547 • Fax: (818)998-7258 AMERICAN Page 3 of 5 r, _ LABORATORY ANALYSIS RESULTS ANALYTICS � ' Client: Environ (LA) AA Project No: A64182 Project No: 0418529E Date Received: 06/25/08 Project Name: CP Wetlands Date Reported: 06/30/08 Method: General Chemistry Analyses AA I.D. No. Client I.D. No. Sampled Prepared Analyzed Dilution Result Units MRL Conductivity 120.1 (EPA 120.1) 8F25013-01 ENV-3-200806231 06/23/08 06/25/08 06/25/08 5 12000 umhos/ 10 445 Cm 8F25013-02 ENV-2-200806231 06/23/08 06/25/08 06/25/08 20 28000 umhos/ 10 530 Cm 8F25013-03 ENV-1-200806231 06/23/08 06/25/08 06/25/08 20 26000 umhos/ 10 610 cm Salinity SM 2520 (SM 2520) 8F25013-01 ENV-3-200806231 06/23/08 06/25/08 06/25/08 1 6.0 Salinity 0.1 445 units 8F25013-02 ENV-2-200806231 06/23/08 06/25/08 06/25/08 1 15 Salinity 0.1 530 u n its 8F25013-03 ENV-1-200806231 06/23/08 06/25/08 06/25/08 1 15 Salinity 0.1 610 units Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue,Chatsworth,California 91311 Tel: (818)998-5547 • Fax: (818)998-7258 AMERICAN 1 Page 4 of 5 I LABORATORY ANALYSIS RESULTS ANAIYTICs I Client: Environ (LA) AA Project No: A64182 Project No: 0418529B Date Received: 06/25/08 Project Name: CP Wetlands Date Reported: 06/30/08 Reporting Spike Source %REC RPD lAnalyte Result Limit Units Level Result %REC Limits RPD Limit Notes General Chemistry Analyses -Quality Control Batch B8F2607-NO PREP Duplicate (138F2607-DUP1) Source: 81725013-01 Prepared &Analyzed: 06/25/08 Specific Conductance (EC) 11600 50 umhos/cm 11500 0.433 25 Batch B8F2608-NO PREP Duplicate (138F2608-DUP1) Source: 8F25013-01 Prepared &Analyzed: 06/25/08 Salinity 6.00 0.10 Salinity 6.00 0.00 20 units Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel:(818)998-5547• Fax: (818)998-7258 AMERICAN Page 5 of 5 9 LABORATORY ANALYSIS RESULTS ANA LY TICS i Client: Environ (LA) AA Project No: A64182 Project No: 0418529B Date Received: 06/25/08 Project Name: CP Wetlands Date Reported: 06/30/08 Special Notes Viorel Vasile Operations Manager American Analytics• 9765 Eton Avenue,Chatsworth, California 91311 Tel: (818)998-5547• Fax: (818)998-7258 CA V 1 R ® N CHAIN-of—CUSTODY—CUSTODY N© 05800 PAGE � of 1 2010 NSt., Suite 900 ® 707Aneles. Ebd.. Saito 4960 943—&3W AA �XF�6015 �� �• Wirro, Calif.eft 92814 Las Mgela, Calif. 90017 /19�949J 281-8202 (tax) �213)943-6301 (fox) l � w PROJECT NAME / FACILfIY ID: G � FIELD PERSON: PROJECT NUMBER: DATE- Z� �g PROJECT MANAGER: PROJECT LOCATION: LABORATORY: -A-11A1e1a1Q14 f IS THIS A UST PROJECT OR IS EDF QUIRED? Y OIF YES. GLOBAL IDTEAR : SAMPLER: ��- SIGNATURE: W o x� a f SAMPLE I.D. NUMBER N N a = d W COMMENTS AW V- - 6 -- I V e� -X BFa5�l3 r _ SFas��3 d a ! o SFAS©!3 0 „1' N U TOTAL X x If FREUNOUISHMBY: U BY: ME DA : RE D BY: IM DA : TURNAROUND TIME SAMEDAY 72 HOURS ( (CIRCLE ONE) 24 HOURS 5 DAYS q (COMPANY): 4B HOURS NORMAL UISHED TIME DATE: S RECEIVED TIME/DATE �? (COMPANY): .. 5yr0g SAMPLE INTEGRITY IF SEALED, SEAL INTEGRITY TIME/DATE RECEVED BY: TIME DATE: ' t 9G INTACTt Y /N Temp "1 INTACT: Y N u COMP �" 0 R A N 0 E C 0 U N T Y Bryan Speegle,Director 300 N.Flower Street Santa Ana,CA CL'I PubIicWorks P.O.Box 4048 Santa Ana,CA 92702.4048 Our Community, Our Commitment. Telephone: (714)834-2300 Fax: (714)834-5188 October 28, 2008 Karl Schwing ECEIV California Coastal Commission South ® 200 Oceangate, IOth Floor Coast RegrOn Long Beach, CA 90802-4416 Lvov 4 2008 Mark Johnsson Cp CALIF California Coastal Commission gSTgl RNIq 45 Fremont Street, Suite 2000 MMl$S�O1v San Francisco, CA 94105-2219 John Dixon California Coastal Commission 710 E Street, Suite 200 Eureka, CA 95501 Subject: Sixth Monthly Ground Water Level Monitoring Report for the East Garden Grove Wintersburg Channel, North Levee, City of Huntington Beach, Orange County, CA Attached is a copy of the sixth monthly Ground Water Level Monitoring Report for the East Garden Grove Wintersburg Channel, North Levee. This report is the last in a series of six monthly Monitoring Reports that were submitted to the California Coastal Commission, as per condition 9b, of the Emergency Coastal Development Permit, 5-07-025-G. Should you require additional information,please do not hesitate to contact me at 714-834-2340. Sincerely, ardy n, gineeri g Supervisor OC Public Works/ Regulatory Permits Attachment S.\Regulatory Permits Section\PROJECTS\CO5 East Garden Grove-Wintersburg\NORTH LEVEE\2007 Emergency Sheet Pile\Reports\Ground water Monitoring Reports(ENVIRON)\6th month\Cover letter C05 6th month Water Level Monitoring Reportdoc Monthly Ground Water Level Report Prepared for: Orange County Public Works Santa Ana, California Prepared by: ENVIRON International Corporation Los Angeles, California Date: August 2008 Project or Version Number: 04-18529C E N V I R © N Monthly Ground Water Level Report—August 2008 Prepared by: ENVIRON International Corporation 18100 Von Karman Avenue, Suite 600 Irvine, California 92612 Tel: (949) 261-5151 Fax: (949) 261-6202 zl2bi2 icholas Steenhaut, PE Senior Associate 4� Mauricio H. Escobar, PG Senior Manager George O. Linkletter, PhD, PG Principal and Senior Vice President 04-18529C i E N V I R 0 N Monthly Ground Water Level Report-August 2008 Contents Page 1 Introduction 1 2 Background 2 3 Field Activities 3 3.1 Data Collection 3 3.2 Deviations From Planned MRP Activities 4 4 Data Presentation 5 5 Data Discussion 6 6 Closing 7 List of Tables Table 1: Comparison of Laboratory and Field Measured Salinity 4 List of Figures Figure 1: Site Vicinity Map Figure 2: Well Location Map Figure 3a: Water Elevations, Tides, and Rainfall Data Figure 3b: Water Elevations North of Sheetpile (Including Rainfall Data) Figure 4a: Salinity in ENVIRON Wells Figure 4b: Salinity in LSA Wells List of Appendices Appendix A: Laboratory Reports P:1RIRBF ConsultinglHuntington Beach WetlandslMonthly Monitoring Reportsl6 th Monthly Report-August 20081Sixth Monthly GW Level Report-FINAL 100608 doc 04-18529C ii E N V I R 0 N Monthly Ground Water Level Report—August 2008 1 Introduction ENVIRON International Corporation (ENVIRON) is pleased to present this Ground Water Level Monitoring Report (Monitoring Report)to Orange County Public Works (OC Public Works). This document is the last in a series of six monthly Monitoring Reports that were prepared for OC Public Works for submittal to the California Coastal Commission (CCC), as specified in Task 6 of ENVIRON's December 17, 2007, Final Revised Ground Water Level Monitoring and Reporting Plan (MRP). The MRP is being implemented to satisfy some of the main permit conditions of the CCC for the County's installation of the now completed sheetpile reinforcement along a 3,800 foot stretch of the northern levee of the East Garden Grove Wintersburg Channel (CCC Permit No. 5-07-025-G). Specifically, the purpose of the MRP and the monthly Monitoring Reports is to provide an assessment of the hydrologic effects and potential impacts to wetlands at the 5-acre "County Parcel" following installation of the aforementioned sheetpile'. The County Parcel is located in Huntington Beach, California, adjacent to the northern levee of the Wintersburg Channel, approximately 2,500 feet west of the Graham Avenue bridge (Figure 1). The climate at the project site is Mediterranean, with warm summers and mild winters. The median annual rainfall for the last 30 years in the vicinity of the site is approximately 8.71 inchesz, most of which generally occurs in the winter months. Based upon information for the site reported by LSA Associates, Inc. (LSA), wetlands at the County Parcel have historically been hydrologically influenced by rain events and the adjacent Wintersburg channe12. This report presents downhole water-level and conductivity (salinity) data collected from LSA Wells 8, 10, 12, and 14, ENVIRON Wells ENV-1 and ENV-2, and channel probe ENV-3, between June 23 and July 21, 2008. Figures 1 and 2 show the general vicinity of the site, the specific locations of the ENVIRON wells and probe, the sheetpile, and the LSA wells monitored at the County Parcel. Although the locations of the ENVIRON wells in the northern levee are fixed, it is expected that, over time, the channel will erode the channel side of the levee until the sheetpile is reached. This will result in Well ENV-2 essentially becoming a channel probe, but should not materially affect Well ENV-1. Previous ENVIRON reports have referenced the Site as the"CP Wetlands parcel." According to LSA,the term 'CP'originated from the California Coastal Commission's reference to a former(prior to approximately 2003) wetland jurisdictional area at the Site. However, annexation has occurred and the Site is now within the City of Huntington Beach. It is also noted that only a small portion of the 5-acre Site formerly termed as the"CP Wetlands parcel"is defined as a wetland. Therefore,for clarity, the 5-acre Site will be referenced henceforth as the"County Parcel." 2 LSA. March 21, 2002. Delineation of Wetlands Subject to U.S.Army Corps of Engineers and California Coastal Commission Regulatory Authority. Parkside Estates Tentative Tract No. 15419. County of Orange, California. 04-18529C 1 of 7 E N V I R 0 N Monthly Ground Water Level Report—August 2008 2 Background As stated in the preceding Section as well as the MRP, water level and salinity measurements were collected by ENVIRON on behalf of OC Public Works and at the request of CCC, to assess hydrologic effects and potential impacts to wetlands at the 5-acre County Parcel following installation of the sheetpile reinforcement along a portion of the northern levee of the East Garden Grove Wintersburg Channel. According to OC Public Works, the reinforcement activities were necessary to mitigate deteriorating conditions of the levee from erosion and burrowing animals, and to prevent possible collapse during future storm events. It is expected by OC Public Works that the earthen berm on the channel side of the sheetpile will continue to deteriorate over time through further erosion and animal burrowing activities. 04-18529C 2 of 7 E N V I R 0 N Monthly Ground Water Level Report—August 2008 3 Field Activities ENVIRON's field activities were carried out in general accordance with the provisions set forth in the MRP. Prior to conducting field work, ENVIRON notified OC Public Works and LSA to identify and address any questions or concerns. During field activities, ENVIRON staff complied with appropriate site safety requirements, in general accordance with California and Federal Occupational Safety and Health Administration (OSHA) regulations. An OSHA compliant site-specific Health & Safety Plan (HASP)was used by ENVIRON while performing the work described herein. Field activities consisted of data collection at ENVIRON's Wells ENV-1 and ENV-2, the channel probe ENV-3, and four LSA wells LSA-8, LSA-10, LSA-12 and LSA-14. The data collection event and any deviations from planned MRP activities are described in further detail in the sections that follow. 3.1 Data Collection As described in ENVIRON's March 2008 Monthly Report, continuous water level and salinity data collection at Wells ENV-1, ENV-2, and channel probe ENV-3 began on January 7, 2008, which was prior to installation of the sheetpile along the top of the northern levee. These pre-sheetpile data ("baseline data")were collected continuously through completion of sheetpile installation on or about January 28, 20083. The new data presented in this Monitoring Report includes those collected between June 23 and July 21, 2008. During the July 21, 2008 site visit, ENVIRON staff downloaded data and removed the equipment from the wells, as this was the sixth and final data monitoring period and no further water level data collection is planned by ENVIRON at this time. When downloading data from the data loggers, the remaining battery power was checked for each unit. Water levels were manually calibrated by measuring depth to water from the top-of-casing (TOC) using a Solinst° water level meter. As a secondary means of calibrating salinity measurements, ENVIRON also collected water samples for analysis of conductivity and salinity for submittal to a State-certified analytical laboratory, American Analytics Laboratory (AAL) of Chatsworth, California. For this monitoring period, salinity samples for Wells ENV-1 and ENV-2, as well as channel probe ENV- 3 were collected on July 21, 2008. Due to an absence of water in all four LSA Wells, ENVIRON was not able to collect samples from these wells. The salinity sampling results, as well as comparisons to the readings simultaneously recorded in downhole equipment, are presented in Table 1. Laboratory reports for the salinity samples are provided as Appendix A. 3 In this context, sheetpile installation refers to the specific point in time when the sheetpile was completed in the area between ENV-1 and ENV-2. Actual sheetpile construction spanned a period of several weeks. 04-18529C 3 of 7 E N V I R 0 N Monthly Ground Water Level Report—August 2008 Table 1: Comparison of Laboratory and Field Measured Salinity Well ID Date and Time Laboratory Transducer Relative Percent Salinity(PSU) Salinity(PSU) Difference ENV-1 07/21/2008 10:10 15 14.73 1.8 % ENV-2 07/21/2008 09:50 14 17.58 23 % ENV-3 07/21/2008 09:15 1.6 1.65 3.0 % LSA-8 07/21/200811:00 DRY 0.00 - LSA-10 07/21/200810:50 DRY 0.32 - LSA-12 07/21/200810:40 DRY 0.03 - LSA-14 07/21/200810:30 DRY 0.02 - 3.2 Deviations From Planned MRP Activities The following bullet list represents deviations from planned MRP implementation activities for the period of June 23 to July 21, 2008. • Where required, water elevations and salinity values recorded by the data loggers have been corrected prior to plotting. Due to instances of sensor drift, raw data downloaded from the downhole units sometimes shows anomalous "jumps" after a recalibration event. Because this is not a true reflection of actual conditions, ENVIRON has in such cases adjusted the data before plotting or tabulating it. Data adjustment in the manner described above is a form of quality control and an expected part of using and reporting data collected from downhole equipment and is not considered a significant issue4. • ENVIRON was on site to collect salinity samples on July 21, 2008. Because all four LSA wells were dry, no water levels were recorded by the transducers and ENVIRON was not able to collect samples for salinity analysis from these wells. This deviation from the plan is considered outside of ENVIRON's control. 4 Previous monthly monitoring reports described the process of data adjustment as"normalization". This term was incorrect and has been changed in this report to more accurately describe the quality control process. 04-18529C 4 of 7 E N V I R 0 N Monthly Ground Water Level Report—August 2008 4 Data Presentation Figure 3A shows water elevations recorded in the two ENVIRON wells, the channel probe, and the four LSA wells from the start of monitoring activities through July 21, 2008, the last planned water level data collection event. Figure 3B shows only the wells north of the sheetpile. Figure 3A also includes tidal fluctuations and Figures 3A and 3B both, include precipitation events, although the absolute magnitude of these parameters is not represented on the Y-axes. Where wells have gone dry and data loggers stopped recording water levels, the lines in Figures 3A and 3B stop. Brief periods where no data were collected due to equipment down-time are shown as dashed lines. Figure 4A shows salinity data for the two ENVIRON wells and the channel probe from the start of monitoring activities through July 21, 2008. Figure 4B shows salinity data for the four LSA wells from the date the downhole equipment was placed into each well through July 21, 2008. Since these wells have been dry since March-April, no new information since the previous report (July 2008) is presented in Figure 4B. Salinity is expressed on the graphs in practical salinity units (PSU), and both data logger salinity (continuous lines) as well as lab measured salinity values (single dots) are represented on the graphs. 04-18529C 5 of 7 E N V I R 0 N Monthly Ground Water Level Report—August 2008 5 Data Discussion This section discusses data collected from LSA Wells 8, 10, 12, and 14, Wells ENV-1 and ENV-2, and channel probe ENV-3 during the period between June 23 and July 21, 2008. A summary and conclusions report discussing the data presented in all six Monthly Reports will be prepared upon completion of the six-month monitoring period. Listed below, are general observations made during the most recent monitoring phase. • Water elevations in ENV-1, have continued their downward trend, and are now approximately eight feet below the average pre-sheetpile water elevations for this well. Dry conditions remain in all four LSA wells. Water levels in ENV-2 and ENV-3 continue to track tidal fluctuations in a similar fashion as reported in previous reports. • Field-recorded salinity data generally showed good correlation with laboratory-reported values (Figure 4A; Table 1). Due to dry conditions at the LSA wells, no samples were collected; only transducer-read data was available for these wells during this monitoring period. All transducer readings at the LSA wells were at, or close to zero, as is to be expected when the wells are dry. 04-18529C 6 of 7 E N V I R 0 N Monthly Ground Water Level Report—August 2008 6 Closing This report constitutes the last in a series of six monthly Monitoring Reports. As stated in previous monthly monitoring reports, and pursuant to CCC permit condition 9e, "a report documenting the monitoring along with an analysis of whether wetland impacts have occurred as a result of sheetpile installation" will be prepared and submitted to OCPW5. The report, which will be entitled, Summary and Conclusions Report, will draw upon the data collected from the two ENVIRON wells (ENV-1, and ENV-2), the channel probe (ENV-3), the four LSA wells (LSA-8, LSA-10, LSA-12, and LSA-14), as well as any data made available to us by other parties6. The report is expected to be completed by late October 2008. 5 California Coastal Commission conditions for Permit No. 5-07-025-G, November 26, 2007. 6 Pursuant to verbal information received from LSA, ENVIRON's first three monthly monitoring reports(February, March, and April 2008)referenced a hydrologic study conducted by Pacific Soils(PS). For clarity, ENVIRON actually reviewed a PS Report entitled, Preliminary Geotechnical Investigation,dated February 2, 1998,which was written to"establish site geotechnical conditions and define the nature and extent of remedial grading required to stabilize onsite soils[for residential development]." Section 4.4 of the PS report(Pages 13 and 14)provides general ground water information for the Site and surroundings. 04-18529C 7 of 7 E N V I R 0 N Monthly Ground Water Level Report—August 2008 Figures 04-18529C E N V I R 0 N a 3 i� t l'irele Vte%' � .Z w AL 1 tJ� i 2 -��91d - F anp• G ' _ - r AlE -.�l is h... Z Jit 3k L' tls�Il� yc °_ 1 I(v �yA 11 r R1 � v .I_ `11 = _ p • 1 4 �lua TUR111 W 4 • - 'vim. • 1 - _ L A B T; _ 0. �u,r trY Gl G • � iWINTER5e1/R@ Trait— { .Tlv Country ..1. Pa k I _DaySh WARNER., WeP'v II ,Lark View zoS P, 0_ i I Shea Homes i N (_'IJ,, - Ries Pro ?t .• Pe � APR 1 '•It i - 1 :I _I C ` i V mpg >ta vio— _ T_� _ .. . _ _37 _ yi: —y� S tYELISGS rill PROJECT • �aIlllliiiiI SITE e � _ L J \ t l 0 \ 0 2000 4000 tl SOURCE:USGS Map ZS Min Series(Topographic)SEAL BEACH QUAD,CaIMgnY,Txreserver. SCALE IN FEET ngure E N V I R O N Site Vicinity Map Huntington Beach, California 1 Drafter: RS Date: 12/05/07 Contract Number: Approved: Revised: Shea Pro ert00 y .< I �I r11 r. ENV-3 " County Parcel Le •mot t ? �+ .vC� aGr e=i CG G • �,npg���^ a� •'.'SST • r` Y•1�.r � < , a • \ ate• • .d`,• ante •A+'�'. w !• � LSA-10 L'SA-14 ENV-1 ••, {.r� ENV-2 'R l" ,...`� ► ' ,• ; of \ Legend ta"Gas Line a Approximate Location of 74-inch Gas Line ENVIRON Wells � � I •• ® LSA Wells Notes: Sheet Pile Locations of property boundaries and sheet pile are approximate. w'�property Boundaries To accommodate the 14-inch gas line,a 5.65-foot void was left in the sheet pile. �tra Image Source:Eagle Aerials(County) E N V I R O N Well Location Map 0 50 ,Oo Figure County Parcel 0 2 Nuntlngton Beach,ealBiins. fh.ler'. NLS Dete: 10,961121,08 Cun4aq Nuevxi W-185NA Appmred: Revised: :•r. Ht.:�' •t^:� G -a' ;i' 6 :G�� " H> ' .r-. 5�. >. ..«.-..k^%r� cSt'�i; - - . � .:, r;.. ' '_ I::�s"t f +" Iw •'�Fifiii y`('; iiE•.61�`R.•.5:..;ci i I. 1 - 'ril Shunt Pilu LrnWllaliun i Anuaq 16,200)n I ( 8 5 a G -1 01i NA NA11,9111" I in 4 qw?"I. IwAw -2 -1. .r'�r1 a W m 3 , 8 m As AM 11 ell -7 ...M�, g � 7-Jan 21-Jan 4-Feb 18-Feb 3-Mar 17-Mar 31-Mar 14-Apr 28-Apr 12-May 26-May 9-Jun 23-Jun 7-Jul 21-Jul Time #IMicebs wsu hasga-eery Tblal Data:Hundootoo Oft near Newport a.Y NM **Sea Ay repce fa aiscusvon of pork al UVk 10. tMI Ions 11 XI.MY N.117.6991y W ar.01Mcneelandrepwa.eeany. Nn 0se mlavaiade-a 9�. E N V I R O N Water Elevations, TideCounty of s, igure and Rainfall Data F er: , . wawa :sa Huntington Reuh,falillomia rr,o.ec. oa'0 3a T m G) -3 S -ENV-1 -3 5 I --—--LSA-14 , a n i -LSA-12 -4 -LSA-10 --�--LSA-B . 4.5 Precipitation 2 i a ! a -5 3 J to t N -5.5 $ o t > A 6 d ` * m W � -6 5 v � d m 7 m m -7.5 -8 m -8 5 - -9 - - —, 18-Feb 3-Mar 17-Mar 31-Mar 14-Apr 28-Apr 12-May 26-May 9-Jun 23-Jun 7-Jul 21-Jul Time Notes: * Indicates well has gone dry Wells are expected to dry out at the following approximate elevations below sea ** See July report for discussion of peak at LSA-10 level: LSA-8: 6.3 ft; LSA-10. 6.5 ft; LSA-12: 6.8 ft; LSA-14: 7.5 ft; ENV-1: 10 ft. Absolute magnitude of precipitation data not represented on Y-axis. NA:Data not available-equipment downtime. Water Elevations North of Sheetpile (inel. Rainfall Data) Figure E NV I R O N County of Orange 3b Huntington Beach,California Drafter: JJC Date: 9/02/08 Contract Number: 04-18529A Approved: Revised: Fie.°:V3BF(T WtlYM. 6' an Sh11�Pe K mNSeYn 4 _ - _ C 0 -m T N Y� a N U Q �• W � ° _ I ' 00 1� S zv O• ^rr~ 21 Cc - YV - m_ rr•rwmsa Q Z _ _ n _ d Z ; 2 ....�1 V ' S (f1Sd)Al!uileS a� Z � 0 a5 :1 .. •: �;� :: iil:. ,:rl• . •1s s;: :::::::: ; }4l:; ;l. ; t,r; � 80 �r l:, )}1. i r{11' ��.• •j"•r11r n.•:i=-11r,r• rl. ! ', ,r.i,ln.r•it • N•i=:r' rt }:!?!r �r;r lli::.• fifer 1r. rir• :ii lira rirr .;.�ff:i prtn r rhp•i; qr}turr i}s;t.;,. � 75 — — 70 -- - LSA-12: DRY* 65 60 a 55 3 H 50 - -- s to 45 a 40 e B 35 S LSA-8 m 30 LSA-10 25 • LSA-10 Lab 20 LSA-14: DRY LSA-12 15 • LSA-12 Lab 10 LSA-14 SA-8 Y LSA-10: DRY 5 s LSA-14 Lab a Q 0 Precipitation Tides 18-Feb 3-Mar 17-Mar 31-Mar 14-Apr 28-Apr 12-May 26-May 9-Jun 23-Jun 7-Jul 21-Jul Time *Sudden shift In salinity at LSA-12 and LSA-14 on April 21 Is due to recallbration of the sensors. See text in May report for discussion of salinity values above zero in wells that have gone dry. **See July report for discussion of peak at LAS-10. Tidal Data: Huntington Cliffs near Newport Bay NOTE: Absolute magnitude of tidal and UTM Zone 11 33.6603' N, 117.9960°W precipitation data not represented on Y-axis. E N V I R O N Salinity in LSA Wells Figure County of Orange 4b Huntington Beach,California Drafter. JJC Date: 9/02/08 Contract Number: 04-18529A Approved: Revised: Monthly Ground Water Level Report—August 2008 Appendix A: Laboratory Reports 04-18529C E N V I R 0 N Ah1ERiCAN; 9765 Eton Avenue Chatsworth California 91311 Tel: (818)998-5547 ANALYTIC$ Fax: (818)998-7258 July 24, 2008 Mauricio Escobar Environ (LA) 707 Wilshire Boulevard, Suite 4950 Los Angeles, CA 90017 Re : CP Wetlands/0418529B A64183/8G22013 Enclosed is an analytical report for the above-referenced project. The samples included in this report were received on 07/22/08 16:02 and analyzed in accordance with the attached chain-of-custody. Unless otherwise noted, all analytical testing was accomplished in accordance with the guidelines established in our Quality Assurance Program Manual, applicable standard operating procedures, and other related documentation. The results in this analytical report are limited to the samples tested and any reproduction thereof must be made in its entirety. If you have any questions regarding this report or require additional information please call me at American Analytics. Sincerely, Viorel Vasile Operations Manager AMERICAN Page 2 of 5 7D LABORATORY ANALYSIS RESULTS A NALYTICS Client: Environ (LA) AA Project No: A64183 Project No: 0418529B Date Received: 07/22/08 Project Name: CP Wetlands Date Reported: 07/24/08 Sample ID Laboratory ID Matrix TAT Date Sampled Date Received Conductivity 120.1 ENV-1-200807211010 8G22013-01 Water 10 07/21/0810:10 07/22/08 16:02 ENV-2-200807210950 8G22013-02 Water 10 07/21/08 09:50 07/22/08 16:02 ENV-3-200807210915 8G22013-03 Water 10 07/21/08 09:15 07/22/08 16:02 Salinity SM 2520 ENV-1-200807211010 8G22013-01 Water 10 07/21/08 10:10 07/22/08 16:02 ENV-2-200807210950 8G22013-02 Water 10 07/21/08 09:50 07/22/08 16:02 ENV-3-200807210915 8G22013-03 Water 10 07/21/08 09:15 07/22/08 16:02 Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547 ^ Fax: (818)998-7258 AMERICAN Page 3 of 5 LABORATORY ANALYSIS RESULTS ANAIYTICS Client: Environ (LA) AA Project No: A64183 Project No: 0418529B Date Received: 07/22/08 Project Name: CP Wetlands Date Reported: 07/24/08 Method: General Chemistry Analyses AA I.D. No. Client I.D. No. Sampled Prepared Analyzed Dilution Result Units MRL Conductivity 120.1 (EPA 120.1) 8G22013-01 ENV-1-200807211 07/21/08 07/23/08 07/23/08 20 32000 umhos/ 10 010 cm 8G22013-02 ENV-2-200807210 07/21/08 07/23/08 07/23/08 20 28000 umhos/ 10 950 cm 8G22013-03 ENV-3-200807210 07/21/08 07/23/08 07/23/08 2 3300 umhos/ 10 915 cm Salinity SM 2520 (SM 2520) 8G22013-01 ENV-1-200807211 07/21/08 07/23/08 07/23/08 1 15 Salinity 0.1 010 units 8G22013-02 ENV-2-200807210 07/21/08 07/23/08 07/23/08 1 14 Salinity 0.1 950 units 8G22013-03 ENV-3-200807210 07/21/08 07/23/08 07/23/08 1 1.6 Salinity 0.1 915 units Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue, Chatsworth, California 91311 Tel: (818)998-5547• Fax: (818)998-7258 AMERICAN Page 4 of 5 h _ + LABORATORY ANALYSIS RESULTS ANALYTICS � Client: Environ (LA) AA Project No: A64183 Project No: 0418529E Date Received: 07/22/08 Project Name: CP Wetlands Date Reported: 07/24/08 Reporting Spike Source %REC RPD Anal a Result Limit Units Level Result %REC Limits RPD Limit Notes General Chemistry Analyses -Quality Control Batch B8G2404 -NO PREP Duplicate (68G2404-DUP1) Source: 8G22013-01 Prepared &Analyzed: 07/23/08 Specific Conductance (EC) 31500 200 umhos/cm 31600 0.254 25 Duplicate (B8G2404-DUP2) Source: 8G22013-03 Prepared &Analyzed: 07/23/08 Specific Conductance (EC) 3320 20 umhos/cm 3330 0.0602 25 Batch B8G2405-NO PREP Duplicate (138G2405-DUP1) Source: 8G22013-01 Prepared &Analyzed: 07/23/08 Salinity 15.0 0.10 Salinity 15.0 0.00 20 units Duplicate (68G2405-DUP2) Source: 8G22013-03 Prepared &Analyzed: 07/23/08 Salinity 1.60 0.10 Salinity 1.60 0.00 20 units Viorel-Vasile Operations Manager American Analytics-9765 Eton Avenue,Chatsworth, California 91311 Tel: (818)998-5547- Fax: (818)998-7258 AMERICAN it Page 5 of 5 LABORATORY ANALYSIS RESULTS ANALYTICS Client: Environ (LA) AA Project No: A64183 Project No: 0418529B Date Received: 07/22/08 Project Name: CP Wetlands Date Reported: 07/24/08 Special Notes Viorel Vasile Operations Manager American Analytics•9765 Eton Avenue,Chatsworth, California 91311 Tel: (818)998-5547• Fax: (818)998-7258 � —CUSTODY N 05961 PAGE of ENV IRON C � V ���''''''�RR///�11ppp'0 Main St.. Suite 90D ❑ 707 , e cite 4950 I�G,e. Calif. 82874 Los M943:- Coll}. BD0 to[`�,y/) wok /V949) 281-5151 (21J)943-8300 l/ s 1 7 n 949) 261-62D2 (fax) (213)943-BJ01 (/ PROJECT NAME f FACILITY ID: 1 FIELD PERSON: PROJECT NUMBER: DATE: .2 fl" PROJECT MANAGER: r� / r v /CS PROJECT LOCATION: LABORATORY: IS THIS A UST PROJECT OR IS EDF REQUIRED? Y IF YES, GLOBAL IDYEAR SAMPLER: / „�, i W le a SIGNATURE: W w Z r h z O a <1 a a a < 2� cc SAMPLE I.D. NUMBER N N N 4 x COMMENTS ENV- —2coLo 71010 I v 224 l'S-�t t/— � Ti o �� X �b z LW- _ a z , ray I t _ TOTAL X X Lna RE U1 IN TE: RECEIVED BY: NE TURNAROUND TIME SAMEDAY 72 HOURS ��� (C01dPA ✓ (CIRCLE ONE) 24 HOURS 5 DAYS y BY: TIM DATE: {c�yd RECEIVED SY; 7 TIME/DA�14Z rNTZ 48 HOURS NORMAL-� CZ (COMPANY): l'L(� N�tj. i (( GRITY IF SEALED, SEAL INTEGRITY RELINQUISHED BY: TIME/DATE: RECEIVED BY: TIME OA7ETit 0 N Temp C° INTACT; Y N COMPA Ft; CITY F HUNTIN TONBEACH Inter-Department Communication Planning Department TO: Honorable Mayor and City Council Members VIA: Fred A. Wilson, City Administrator FROM: Scott Hess, AICP, Director of Planningr DATE: May 29, 2009 SUBJECT: PARKSIDE RESIDENTIAL PROJECT ZONING TEXT AMENDMENT No. 09-05 COMPONENT JUNE 11 2009 CITY COUNCIL MEETING - LATE COMMUNICATION 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 October 2002. In 2008 the California Coastal Commission (CCC) approved a Local Coastal Program Amendment (LCPA) for the Land Use Plan that modified the 2002 City action. As part of its action, the Coastal Commission approved, and the City Council subsequently accepted, a number of modifications to the City's Coastal Element. In discussing the next steps for the project with the staff of the CCC, it was decided that the City should process a Zoning Text Amendment to incorporate the Coastal Element text changes within the appropriate zoning chapters. Thus, part of the request for June 1st is Zoning Text Amendment No. 09-05. In January of this year, City staff sent a copy of the proposed legislative drafts to the CCC staff for their review and comment. On May 27, 2009, City staff received a comment letter from CCC staff regarding the legislative drafts, suggesting a number of changes. Staff has reviewed the letter and incorporated the majority of the suggestions into revised legislative drafts and ordinances. The revised documents are attached and would replace Attachment Nos. 5-8 in the Request for Council Action. If you have any questions, please contact Mary Beth Broeren, Planning Manager, at ext. 5550. SH:MBB Attachment: Revised RCA Attachment Nos. 5-8 xc: Joan L. Flynn, City Clerk Bob Hall, Deputy City Administrator Mary Beth Broeren, Planning Manager Rami Talleh, Senior Planner 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 Cow e is hereby amended by amending Section 210.04 to read as follows: 210.04 RL, RM,RMH,RH, and RMP Districts: L nd Use Controls In the following schedules, letter designations are used ass�f llows: "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 perm'tted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications ermitted 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 no 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 irl/parentheses are opposite a use classification heading, referenced provisions shall apply to aH use classifications under the heading. RL, RM, RMH, RH,and P = Permitted RMP DISTRICTS! L = Limited (see Additional Provisions) LAND USE CO ROLS 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 r F: iT RL RM RMH RMP Additional sr RH Provisions ` Residential Uses (A)(M)(Q) I/ 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 PCB' 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 U"5 L-5 L-5 Horticulture ZA fZA ZA ZA Nurseries ZA ZA ZA ZA Visitor Accommodations Bed and Breakfast Inns - - L-4 - s r Accessory Uses dP/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, RM , 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 toda'conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. F. r° 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. y, L-5 Only wireless communication facilities permitted subjecfto section 230.96 Wireless Communication Facilities. ti>� 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�l0.10 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 developent 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 Sectlon 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 fyi #;e 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. Id, (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 acrest' sF� (P) See Section 230.22: Residential Infill Lot Developments. (Q) See Section 230.20: Payment of ParklandvDedication In-Lieu Fee. (R) Small lot development standards for R,?M 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.rapplicable to development within Subarea 4K as depicted in Figure C-10 of the Coastal Element Land Use Plan. 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 day of , 2009. a ATTEST: Mayor City Clerk ROVED AS TO FORM: REVIEWE ' � APPROVED: / f City Attorney (5 U I City lA d`rMistrator INITIA A D PPROVED: Direct r of Planning 04-1961/33725 4 KEY INSERTIONS: Double underline DELETIONS Str4lEe� LEGISLATIVE DRAFT ORDINANCE NO. 3832 A,apt esi eotl*h"e TV (3268-12/94,3334-6/97,3410-3/99,3455-5/00,3568-9102,3706-6/05,3724-02/06,3761-2/07) Sections: 210.02 Residential Districts Established 210.04 RL, RM, RMH, RH, and RMP Districts: La4d/Use Controls 210.06 RL, RM, RMH, RH, and RMP Districts:1�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 naturelthan single-family detached dwelling units, including duplexes, triplexes, town houses, apartments, multi-dwelling structures, or cluster housing with landscaped opewspace 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 fernii 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 LOW. Maximum density is twenty-five (25) units per acre. D. The RH High Density Residential District provides opportunities for the most intensive Orin 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 c.fike. � 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'/thee"Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a co itional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon app oval 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 pri ary use requires a conditional use permit. (3334- 6/97,3410-3/99) Use classifications that are not listed are prohibi ed. 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 S4ik RL, RM, RMH, RH, and P = Permitted RMP DISTRICTS: L = Limited (see Additional Provisions) (3334-6/97) f 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 - (3334-6/97,3410-3/99) 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)MS (3334-6/97,3410-3/99, 3455-5/00) Public and Semipublic (A)(0) (3334-6/97,3410-3/99) Clubs & Lodges PC P ZA ZA (3334-6/97,3410-3/99) Day Care, Large-family L-6 Lg6 L-6 L-6 (3334-6/97,3761-2/07) 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 PC PC PC (3334-6/97,3410-3/99) Residential Care, General L-1 PC PC (3334-6/97,3410-3/99) 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 (3410-3/99) Nurseries ZA ZA ZA ZA (3410-3/99) Visitor Accommodations Bed and Breakfast Inns - - L-T47 - (3334-6/97,3410-3/99) Accessory Uses P/U P/U P/U P/U (A)(G)(H)(1)(L)(M) (3334-6/97,3410-3/99) Temporary Uses (J)(M) (3334-6/97,3410-3/99) Commercial�S�es ling, Limited P P P P Real Estate 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 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS Str-ilEetl}r-et 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. 410-3/99) 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, 3410-3/99) 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. (3334-6/97,3410-3/99,3761-2/07) (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 a/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 conduional use permit is required for condominium conversion pursuant to Chapter 235. (E) S e Section 210.14: RMP District Supplemental Standards. In addition, Neighborhood otification 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 S*-:vim (H) See Section 230.08: Accessory Structures. (I) See Section 230.10: Accessory Dwelling Units. RL, RM, RMH, RIB, 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 I 11( ) rif 1 I,Ot 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/i`s required for small lot residential subdivisions, including condominium maps for detached single family dwellings. See also Section 230.24: Small Lot Development Standards. ( s-5/00) (S) See Coastal Element Land Use Plan, Table C-2, for permitted uses, development requirements and restrictions applicab&to development within Subarea 4K as depicted in Figure C-10 of the Coastal Element Land Use Plan If there is a conflict between the requirements and restrictions of Table C42 and other provisions of the Zoning and Subdivision Ordinance, the requirements and restrictions included in Table C-2 shall prevail. 210.06 RL, R , RMH, RH, and RMP Districts: Property Development Standards The following sche ule prescribes development standards for residential zoning districts and subdistricts desig ted on the zoning map. The columns establish basic requirements for permitted and conditional es; letters in parentheses in the "Additional Provisions" column refer to "Additional rds" following the schedule. Development S nda In calculatin 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 DELETIONSleethreugl3 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 RfMP 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 (3334-6197,3410-3/99) Cul de sac frontage 45 45 - 45 /45 N/A (3334-6/97,3410-3/99) Minimum Setbacks (D)(R) (3334-6/97,3410-3199) Front (ft.) 15 15 12 1 10 10 (E)(F) (3334-6/97,3410-3/99) Side(ft.) 3;5 3;5 3;5 3;5 3;5 - (G)(I)(J) (3334-6/97,3410-3/99) Street Side (ft.) 6;10 6;10 5 6;10 6;10 10 (H) (3334-6/97,3410-3/99) Rear(ft.) 10 10 7.5 10 10 - (1)(J) Accessory Structure (U) (3334-6/97,3410-3/99) Garage (K) (3334-6/97,3410.3/99) Projections into Setbacks (L)(R) (3334-6197,3410-3/99) Maximum Height (ft.) Dwellings 35 35 35 35 20 (M) (3334-6/97,3410-3/99) Accessory Structures 15 15 /35 15 15 15 15 (M)(R) (3410-3199) Maximum Floor Area - z 1.0 - - - (3334-6/97,3410-3/99) Ratio (FAR) 3410-3/99) Minimum Lot Area per Dwelling Unit (sq. ft.) 6,000 2,904 * 1,742 1,244 - (3334-6197,3410-3199) Maximum Lot Coverage (%) 50 / 50 50 50 50 75 (V) (3334-6197,3410-3/99) Minimum Floor Area (N) (3334-6197,3410.3199) Minimum Usable Open Space (0) Courts (P) (3334-6197,3410-3/99) Accessibility within Dwellings (Q) (3410-3199) Waterfront Lots �' (R) Landscaping / See Chapter 232 (S) (3334-6/97,3410-3 ` (3334-6/97,3410-3/199) 99) Fences and Walls See Section 230.88 Lighting (T) (3334-6/97,3410-3/99) 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 (3706-6/05) z * 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 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS S4ik 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 Car , General Residential Care, and Public or Private Schools, except minimum lot area for Ge era sl 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 building including manufactured home units shall be 10 feet. (3334-6/97,3410-3/99) (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 publi right-of-way. Minimum 50% of the garages shall be set back 20 feet from the front zes. roerty line. (See Section 210.12B.) (3334-6/97, 3410-3/99) (F) Upper-story Setbacks for Multi-family Structuhe 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). (333'4-6/97,3410-3/99) average 10' setback r7: - re u D F � 't 71. D 210-UPSS PCX UPPER STORY SETBACK Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 7 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS c*.4' 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 burldmgs. (b) 14 feet for units above two stories. Subject to approval of a conditional use permt, 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 rewired distance. (3334-6/97, 3410-3/99) (H) Street Side Setbacks (1) In the RL, RM, RMH (excluding R!MH-A subdistrict), and RH districts, the street side yard shall be 20 percent of the IW� idth, 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) (I) Building Walls Exceeding/25 Feet in Height. The required interior side or rear setback adjoining a building walk.,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) M 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/o 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. (3334-6/97,3410-3/99) (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 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS c. ik, � RI,, RM, RMH, RH, 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 heldynd uer 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. (336/97,3410-3/99) (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 s fructures shall be provided as specified by the Fire Department and Building Divlslon. (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 setbaX;/adjacent to a street or another alley may be reduced to 3 feet. A minimum,125 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) f Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 9 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS c*�' RL, RM, RMH, RH, and RMP Districts: Additional Development Standards �.._.._.._.._.._.._.._.._.._..i ATTACHED FRONT i ENTRY GARAGE I I �- Property line I i j Minimum 20' from i garage to property line Street @� Sidewalk ATTACHED SIDE ENTRY.GARAGE I I Property Line I I ,ya u j ILL T Minimum 10' from i garage to property line Min 25' Street Sidewalk Radius Property line Alley —Minimum 25' from garage to property line on the other side of the existing alley / Minimum 5 from i garage to property line 4- —Property line i GARAGE WITH ENTRY FROM REAR ALLEY 4 Sidewalk Street Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 10 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS Stfi 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. (333446/97,3410-3/99) (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) fir' (a) Second story top plate height shall not exceed tw4nty-five (25) feet measured from the top of the subfloor/Slab directly below. (3334-6/97,3410-3/99) �s (b) Roofs shall have a minimum 5/12 pitch ifbuilding 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. (3268-12/94)(3334-6/97) 7 (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: (3334-6197,3410-3/99) (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 r ghts-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 Stri. J _1 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) G,. (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) rf Two vertical cross-sectio s 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) -' Single Family Dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage shall co m'ply 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 tthhe 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) Iri 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 IJuilding 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 a*4' Front Property Line I I I I 35' maximums I 25'maximum i height at top ' I height in the of roof front and rear 25' of 25 the lot 25 I I I � Street I I ear 25' 25' 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 secori 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 T99) 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. (33306/97,3410-3/99) (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 residenfial, and mobile home park projects shall be established by the conditional use permit. (3334-6/97) (N) Minimum Floor Area. Each dwelling unit in a multi-family building and attached single family dwell-ings shall have the following minimum floor area. / Unit Type Minimum Area (Square Feet) i ' Studio 500 one bedroom 650 f 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. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 13 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS S. ik'. r' Rh, 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). (3334-6/97,3410-3/�*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"vand 6 feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. (3334-6/97) p (b) The following minimum area shall be provid di/ 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 y� (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 shalAc physically separated from common areas by a wall or hedge exceeding 42 inches/in height. (3334-6/97,3410-3/99) (d) A maximum o�50% of the private open space requirement, may be 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. (3410-3/99,33706-6/05) (e) Patio an'd balcony enclosures within existing planned developments or apartment complexes shall be subject to the following conditions: (3706-6/05) 1.f 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) r/ 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 l 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 Strik 6. The enclosed area shall be considered as private open space and may be counted toward current private open space requirements. (3706-6/05) 7. Required egress for fire escape routes shall be maintained. (3706-6/05) (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/hess than 10 feet, shall be open to the sky, and shall not include driveways, parkg areas, or area required for front or street side yards. (3334-6/97,3410-3/99,3706-06/0 1 b Projects with more than 20 units shall include at'least one amenity, such as a O J Y� clubhouse, swimming pool, tennis court, volleyball court, outdoor cooking facility, or other recreation facility. (3334-6/97,3410-3/9706-06/05) (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 1,r0/units and located within walking distance of34 1,000 feet of a public park or beach. (33 -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 Armulti-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 Line: 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. (3334-6/97,3410-3/99) l 1 (Rest of page not used) l L Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 15 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS &riles RL,, RM, RMH, RH, and RMP Districts: Additional Development Standards Section A I Section B I Section C ,f f Living room ' window ' I I $ 1/2 Height of Opposit wall I 201t. I 14 ft. Not less than 10 ft. Living room L j window I Living room I window I i h Living room Living room Living room window window window h/2 0,, 20 ft. JO d Section A/ Section B 'j000/ Other room Other room window window 14 ft. Section C 10-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 c*.4 fin RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (Q) All habitable rooms in a dwelling unit must be accessible from within the dwelling. (3334r6/97, 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 Iforth 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 (in cluding 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 iewed from any angle. (3334-6/97) (7) Removal. Decks, solariums and windscreens projecting over waterways which do not comply w tli 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) G Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 17 of 22 09-1961/31374 KEY INSERTIONS: Double underline DELETIONS gtfil�� RL, RM, RMH, RH, and RMP Districts: Additional Development Standards Bulkhead Solarium Projecting deck 2 1/2' Max. . . . . . . . . . . . . . . . . . . . . 5' Z 45 45 ■ ■ ■ 51 ■ min. house +5'=-* min. ■ ■ Property line ■ J, �in-lAhC'M WATERFRONT LOT PROJECTIONS (3334-6/97) 'S' Landscapinng (1) A minimum 40/1�0 of the front and 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 cw.k—�� RIL, RM, RMH, RIB, 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,/,.9s) 110.08 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 e 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. (3334-6/197') C. Minimum Distance between Buildings. 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 theyfollowing 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) �y. 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) i 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: Double underline DELETIONS &rike, � RL, RM, RMH, RH, and RMP Districts: Additional Development Standards r' 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.Jhe 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 andyalternative development standard(s)proposed. (3334-6/97, 3410-3/99) / 210.12 Planned Unit Development Supplemental Standards''and Provisions P PP This section establishes supplemental development standards and,p visions 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. Drivewayparking for a minimum of fifty percent of the units shall be provided p g Y 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 Are Every owner of a lot or dwelling unit shall own as an appurtenance to such unit ortlot 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 d 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 f� CC&R's shall be approved prior to final or parcel map approval and when approved, r� shall be recorded in the office of the Orange County Recorder. (3334-6/97) f 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 c. ike'. 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) a 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 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: 1 Front ;`' minimum 5 feet Side 10 feet aggregate, minimum 3 feet on any side Rear �`� minimum 5 feet (3334-6/97, 3410-3/99) a 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. ,rA 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. (3334-6/97,3410-3/99) E. A boat or trailer storage area shall be provided and screened from 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 &T4 orb RIL, RM, RMH, RBI, and RMP Districts: Additional Development Standards n y 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) }X 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' (3334-6/97, 3410-3/99) r/y, B. Design Review Board. See Chapter 244. (3334-6/97,3410'`3/99) Y 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) 4hJ ` l �F y S� C j.I X I°� a� !r, d' �t Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 22 of 22 09-1961/31374 ORDINANCE NO. 3833 AN ORDINANCE OF THE CITY OF HUNTINGTON BEAC AMENDING CHAPTER 216 OF THE HUNTINGTON BEACH TONING CODE RELATING TO THE COASTAL CONSERVATION DISTRICT The City Council of the City of Huntington Beach does herebZSECTION ordain as follows: 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 t implement the General Plan and Local Coastal Program land use designation of Op Space: Conservation; and provide for the protection, maintenance, restorationrd enhancement of wetlands and environmentally sensitive habitat areas locatynareas in the Coastal Zone while allowing for appropriate utilization to occur. The CC District specifies permitted uses wit 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 dt intended to authorize, and shall not be construed as authorizing the City of HuntingtoBeach 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 hny owner of property under the constitution of the State of California or the Unite� 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 Faoillity. Any public or private processing,producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleu/, 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. r 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 period/allyy or permanently with shallow water and include saltwater marshes, fres`riwater marshes, open or closed brackish water marshes, swamps, mudflatsfand 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, a /are defined in the City's Local Coastal Program, including any area adjacent thereto. 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. Suc//Permitted uses are: 1. Incidental public se ice projects such as, but not limited to,burying cables and pipes. 2. Maintenance of e isting 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. Ylacing 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. t 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 reduce/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 i dustrial facilities where no feasible, less environmentally damaging alternative exists and where consistent with the study titled Designyction of Coastal Zone Areas Where Construction of an Electric Power Plant Would Prevent Achievement of the Objectives of the Calif rnia 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/apacity. 3. Flood Control Facilities. a. Maintenance of exis ng 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 develpment 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. Maintentance activities may include: Maintenance dredging of less than 1,00,000 cubic yards within a 12 month period; lining of exising in-place artificial channels; increasing the height of exifstmg 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. t` 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 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. In wetland areas only, entrance channels for new orexpanded boating facilities; and in a degraded wetland, identified by,the Department of Fish and Game pursuant to subdivision(b) of Section 30411, for boating facilities, if, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland. The size of the wetland area used for boating facilities, including berthing space';turning basins,necessary navigation channels, and any necessary support service facilities, shall not exceed twenty-five percent (25%)Iof the degraded wetland. 8. Nature study, aquaculture, or similar resource dependent activities. 9. Habitat restoration projects. 10. 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. 11. In addition to the above �ses, coastal dependent industrial facilities shall also be allowed even where inconsistent with other provisions of the certified Local Coasstdl Program if: a. To locate els-where 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 usi/, development requirements and restrictions applicable to development within Subarea 4K as depicted in Figure C-10 of the Coastal Element Land Use Plan are provided in the Coastal Element Land Use Plan, Table C-2. 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. d SECTION�4. Chapter 216 of the Huntington Beach Zoning Code is hereby amended by amending Sectionj216.08 to read as follows: i 09-1961/33723 4 Ordinance No. 3833 216.18 Performance Standards ' �t Before the coastal development permit can be issued,the project shall comply with the/ following standards to the satisfaction of the Director: r 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. 1. All feasible mitigation measures shall be incorporated into projects to minimize adverse environmental effects. r a. If the project involves dredging, mitigation measures must include the following: (1) Dredging and spoils disposal�;.in st 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 lo�ngshore 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 z' ect involves diking or filling of a wetland the following p� J g g � g 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. f 09-1961/33723 5 Ordinance No.3833 (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 which4hemselves 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 paean in-lieu fee, 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. �M 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 alsolface 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 restoratiomproject 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., withinhhe 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 vegeton 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 vie mg 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. 1 Any construction, alteration or other improvement shall generally be i carried out between September 15 and April 15 to avoid disturbing rare, threatened, or endangered species which utilize the area for nesting. 09-1961/33723 6 1 t 1 Ordinance No. 3833 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. , 8. A Habitat Management Plan shall be prepared and,carried out for all ESHA, wetland and buffer areas and provide for 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. s . R� The Habitat Management Plan shall identify goals, objectives and performance standards; procedures and technical specifications for wetland and upland planting; methodologyand 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. f 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 p Y 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 Garde, 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 i a result of the project; 2. Harm or destroy a species or habitat that is rare or endangered; i 09-1961/33723 7 t i Ordinance No. 3833 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. C. If the proposed project involves restoration of a degradedr,wetland,the applicant shall comply with California Public Resourcestode Sections 30411 and 30233 to the satisfaction of the Director. D. Any areas that constituted wetlands or ESHA that-, re 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. s" SECTION 5. This ordinance shall become effective 30 days after its adoption. s� 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 C erk APP OVED AS TO FORM: REVIEWE APPROVED: Ci Attorney 15 City�A �nistrator �' INITIATE AND A ROVED: ' Director of'Planning r 09-1961/33723 8 i KEY INSERTIONS: Double and line DELETIONS LEGISLATIVE DRAFT ORDINANCE NO. 3833 pter 216C C �rcCha " o n tk. r (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 andStructures 216.14 Required Permits/AgreemA is 216.16 Required Considerationj6f Alternatives 216.18 Performance Standards 216.20 Required Findings 216.02 Purpose The of the CC Coastal Conservation District is to implement the General Plan purpose P 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 ,ccur. Al The CC District specifies bermitted 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) t/ 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) r t 216.04 j€ Definitions (3326-5/96) A. p/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) 1 r I i Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 1 of 13 09-1961/31382 KEY INSERTIONS: Double underline DELETIONS ketle�gl} 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. (3326-5/96) D. Functional Capacity. 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) d X 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) 1 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, including any area adjacent thereto. 216.06 Designation of the PrkoJect Area Development or subdivision ofZny 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 wellas 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 ,1 AF A. The hollowing 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 1 Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 2 of 13 09-1961/31382{ F KEY ' INSERTIONS: Double underline DELETIONS Stflik _-Ugh- 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 permi•ted between Beach Boulevard and Newland Street. The precise alignment of Hamilton Avenue shall not be approved without documentationythat 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 addressesAhe 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 o /'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 thecproject will be replaced by restoring otherwise degraded or non-functioning wetland as close as feasible to the project site. (3326-5196) 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 i(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 1 II KEY INSERTIONS: Double underline DELETIONS 3. Flood Control Facilities. ' f 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 otherjfeasible method for protecting structures in the flood plain. No-Aiaintenance activities shall be permitted which have the effect of draining wetlands. (3326-5/96) r Maintenance activities may include', dredging of less than 100,000 cubic yards within a',!2 month period; lining of existing in-place artificial channels; increasing the height of existing levees; or changes in4he cross section of the interior channel to accommodate the design capacity of existing channels when no widening of the,fop dimensions or widening of the outer levees is required. f (3326-5/96) b. Only in conjunctio with restoration plans, new flood control facilities where necessary for public safety and to protect existing development here 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 h, 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. f In wetland areas only, entrance channels for new or expanded boating facilities; and in a degraded wetland, identified by the Department of Fish and Game pursuant to subdivision (b) of Section 30411, for boating facilities, if, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland. The size of the wetland area used for boating facilities, including berthing space, turning basins, necessary navigation channels, and any necessary support service facilities, shall not exceed twenty-five percent (25%) of the degraded wetland. (3326-5/96) 8. Nature study, aquaculture, or similar resource dependent activities. (3326-5/96) Huntingt yn Beach Zoning and Subdivision Ordinance Chapter 216 Page 4 of 13 09-1961/31382 a I KEY INSERTIONS: Double underline- DELETIONS Striket f^"g"rl'r'%' c' 9. Habitat restoration projects. (3326-5/96) 10. 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) 11. 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) tf 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 C-10 of the Coastal Element Land Use Plan are provided in the Coastal Element Land Use Plan, Table C-2. 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. <<r 216.10 Economically Viable Use Determination. A. Any applicant that pro poses 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) i 1. The date the applicant purchased or otherwise acquired the property, and I 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 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 defived, 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.'he 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,gcnts, 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. (3,326-5/96) 9. Any offers to buy all or a portion of the property which the applicant solicited or e&ived, 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 taxesproperty assessments, debt service costs (such as mortgage and interest costs), and operation and management costs. (3326-5/96) �f 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 r/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) i Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 6 of 13 09-1961/31382 KEY INSERTIONS: Double underline DELETIONS c4ikt "� 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 applicantl's reasonable investment-backed expectations. (3326-5196) The findings adopted by the decision-making author ity 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 provideddor 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 additionito the other Performance Standards of Section 216.18 applicable to projects in the CC District, such a visitor serving commercial or limited industrial se shall be subject to the following development standards: (3326-5196) 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) ;f 2. The portion of the project involving visitor serving commercial or limited industrial uses shall also be subject to the standards of the CV AV District or the IL District. (3326-5/96) 3.1:' Access through wetlands or environmentally sensitive habitat areas to an area proposed for visitor serving commercial or limited industrial uses p� shall only be allowed if necessary to provide an economically viable use of the overall development plan area. (3326-5/96) C 1 216.12 IVi Prohibited Principal Uses and Structures c Any principal use or structure not expressly permitted is prohibited herein. (3326-5/96) 216.14 Required Permits/Agreements Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 7 of 13 09-1961/31382 } KEY/ INSERTIONS: Double('u'�nderline DELETIONS c...:yaf r e 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 regulatoryrpermits/agreements shall be forwarded to the Director prior to the submittal of said pr ject 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 11601 - 1603 agreements; (3326-5/96) C. State Water Resource Control Board (pe'rmit 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 St/ate Lands Commission may also be required. (3326-5/96) f 216.16 Required Consideration of Alternatives Before any application is accept d 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 toAhe proposed project and an assessment of how the proposed project is the least envi£o mentally damaging alternative. The analysis of alternatives shall include an assessment of how the proposed project will impact all adjacent wetlands and environmentallyAsensitive habitat areas, including those within the overall development plan area. (3326-5/96) 216.18 Merformance Standards Before the coastal development pen-nit can be issued, the project shall comply with the following standards to the satisfaction of the Director: (3326-5/96) A. Jj Wetlands and environmentally sensitive habitat areas that are designated for Uf 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 Stfi� a. If the project involves dredging, mitigation measur��"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) f .fi (2) Limitations may be imposed on the timing of the operation, the type of operation, the quantity of dredged material removed, and the location ofthe spoil site; (3326-5/96) (3) Dredge spoils suitable for beach replenishment shall, where feasible, be transportedto appropriate beaches or into suitable longshore current sy,tems; (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 ifa bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. (3326-5/96) r (11Y If an appropriate restoration site is available, the applicant shall submit a detailed restoration plan to the Director which (ph, 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 X.;Y site shall be purchased before the dike or fill development may proceed. (3326-5/96) r; (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 S'r4�gir { restoration of an area of equivalent productive value, or equivalent surface area. (3326-5/96) IVr 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.ein 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 noValready approved by the Coastal Commission, the public agencymay 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 �a 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 f 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 rem' ved. (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. Passr 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) 6g 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 t' which case construction shall be timed to cause the least disturbance to r 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 s� KEY INSERTIONS: Double underline DELETIONS c*,.�, to the conclusion of the project unless such topography is to4e altered to conform with an approved restoration project. /(3326-5/96) 14 8. A Habitat Management Plan shall be prepared and carried out for all ESHA, wetland and buffer areas and provide for restoration and perpetual conservation and management. Issues tobe 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 Pla`ii 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 managementof the restored areas for a period of not less than 10 years. 9. Protective fencing or barriers shall be installed along any interface with develoaed areas, to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas. 10. Conservation easements (or other instruments) that serve to permanently protect the restored areas shall be recorded. r 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 Imore 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) 3. Harm a species or habitat that is essential to the natural biological function of a wetland or estuary; (3326-5/96) Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 11 of 13 09-1961/31382 KEY INSERTIONS: Double underline DELETIONS 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. (3326-5196) 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. ( 3 s-5rss) 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 protectedtas 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) fr AIV A. Prior to energy productiof 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. (3322e5/96) 2. To locate the construction or expansion elsewhere would adversely /4. Siting ffect the public welfare. (3326-5/96) Adverse environmental effects are mitigated to the maximum extent easible consistent with Section 216.18. (3326-5/96) is consistent with the study titled Designation of Coastal Zone reas Where Construction of'an Electric Power Plant Would Prevent chievement of the Objectives ofthe 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) a. Not less than two and one-half(2 1/2) acres of wetlands southeasterly of Magnolia Street are permanently protected by Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 12 of 13 09-1961/31382 KEY INSERTIONS: Double underline DELETIONS C`f ��wag conservation easements, dedications or other similarinechanisms 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 thewetland mitigation area protected by conservation easement or similar mechanism, and (3326-5/96) e` 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,.aunless the Energy Commission has determined such expansion,irifeasible during or before the Notice of Intention proceedings." (3326-5196) rx C. For any other project the applicarif shall establish and the approving authority shall find that the functional capacity of the environmentally sensitive habitat r area is being maintained. If (3326-5/96) i �f ;Y a e; Y Y� 7r 1 f Huntington Beach Zoning and Subdivision Ordinance Chapter 216 Page 13 of 13 09-1961/31382 KEY INSERTIONS: Double underline DELETIONS 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. (3326-5/96) D. Functional Capacity. The ability of an environmentally sensitive rea to be self-sustaining and to maintain natural species diversity.(3326-5/96)e E. Significant Disruption. Having a substantial adverse effect fipon the functional capacity. (3326-5/96) F. Wetland. Lands within the Coastal Zone which ma�be covered periodically or permanently with shallow water and include sal water 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 tto be able to function at all.(3326-5/96) H. Resource Protection Area. Any area tk`at consists of wetlands, Environmentally Sensitive Habitat A4eas, or a buffer, as are defined in the City's Local Coastal Program, including any area adjacent thereto. 216.06 Designation of the Project ea Development or subdivision of any p/arcel 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 contiguou. and in common ownership at the time of application. For purposes of determining common ownership pursuant to this Chapter, parcels which are owned/where well as - cels subject to existing purchase options, shall be treated as common . Consi tent with Government Code Section 66424, property shall be consideredous ursuant to this Chapter even if separated by roads, streets, utility easeail ad rights-of--way. (3326-5/96) 216.08mitted Uses and Structures A. wing principal uses and structures shall be permitted in the CC here no feasible, less environmentally damaging alternative exists e 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 D. Functional Capacity. The ability of an environmentally sensitive area to ,e 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 coverred 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 toAunction at all. H. Resource Protection Area. Any area that consists 6 wetlands, Environmentally Sensitive Habitat Areas, or a bffer, as are defined in the City's Local Coastal Program, including any area adjacent thereto. SECTION 3. Chapter 216 of the Huntington each 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 ."tructures shall be permitted in the CC District where no feasible, less evironmentally 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 ay developed in a manner compatible with the purpose of this District. Sch permitted uses are: 1. Incidental public service projects Y jects such as but not limited to burying p � p g cables and pipes. 2. Maintenance, f existing streets and utility structures. B. The extension of Hamilton Avenue shall be permitted between Beach Boulevard anrlewland Street. The precise alignment of Hamilton Avenue shall not be approved without documentation that the least environmentally damagingeasible 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 r f . J a' 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 ,a 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) istrict Established 221.04 Zoning Map Designator 221.06 Requirements for Castal Development Permit 221.08 Land Use Controls 221.10 Resource Protection Requirements for New Development 221.12 Coastal Access And Public Use Areas, Signs Required 221.14 Preservation vf Visual Resources 221.16 Community�Facilities 221.17 Phasing 221.18 Diking, Dredging, and Filling 221.20 Hazards 221.22 BuffeV equirements 221.24 Energy Facilities 221.26 Residential Density Limitations 221.28 Maximum Height 221.30 O,ff-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 amending Section 221� to read as follows: 221.10 Resource Protection Requirements for New Development As a condition of new development adjacent to a resource protection area, which includes any wetland, Environmentally Sensitive Habitat Area and associated buffers, as the same are defined in the City's Local Coastal Program, an applicant shall comply with the following: 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. 09-1961/33781 1 Ordinance No.3834 C. Pest Management Plan shall be prepared that, at a minimum, prohibits th'e 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 be limited in intensity and shielded in order to minimize impacts to wildlife within the resource protection areas. E. Covenants, Conditions and Restriction(CC&Rs) in a form pproved 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. Any buyer of a housing unit within the CZ Overlay District,the project applicant shall be provided 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 s all be installed and maintained between the resource protection areas and areas dev"eloped for homes or recreational use for the purpose of minimizing human and domestic animal presence in resource protection areas. SECTION 2. 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 3. CZpter 221 of the Huntington Beach Zoning Code is hereby amended by amending Section 221.3�2 to read as follows: ,I. 221.32 Landscaping i 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. a SECTION 4�! Chapter 221 of the Huntington Beach Zoning Code is hereby amended by amending Section 221.36 to read as follows: 09-1961/33781 2 Ordinance No. 3834 221.36 Public Access Implementation A. Purpose. The purpose of this Section includes the following: 0 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) statesAhat 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 useip an of the Local Coastal Program which is required by Section 3050.0(a) of the Coastal Act to include a specific public access componenfto assure that maximum public access to the coast and public recreation areas is provided. 4. In achieving these purposes,rthis 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 followin' 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 limitedlo, subdivision pursuant to Section 66410 of the Government Code, anALy, 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. 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 3 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 09-1961/33781 3 Ordinance No. 3834 existing zoning requirements, is for the same use as the destroyed structure, does not exceed either the floor area, height7or 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. +fir 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, It 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 Ito 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. If 4. Types of Public Access and Recreation. "f a. Lateral public access: provides public access and use along or parallel to the sea. y' 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 09-1961/33781 4 Ordinance No.3834 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 adj„acent 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 nor associated with beach use, such as walking, swimming,J ging� 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 fultfange of beach-oriented activities, not including horseback riding and use of motorized vehicles unless specifically authorized. C. Access Required. Asia 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 f ridings required by subsections O-Q; provided that no such condition ofapproval for coastal access shall be imposed if the analysis required byAubsections 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. P 2 New development between the nearest public roadway and the sea. F� 3. New development on any site where there is substantial evidence of a J public right of access to the sea acquired through use or a public right of access through legislative authorization. 09-1961/33781 5 Ordinance No.3834 4. New development on any site where a trail, blufftop access or other recreational access is necessary to mitigate impacts of the deve#ment on public access. D. Exceptions. Subsection C shall apply except in the following stances: 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 pfiblic safety, military security needs, or protection of fragile coastaYresources; 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 subsectiodO of this chapter. E. Lateral Public Access, Minimum4equirements. A condition to require lateral access as a condition of approval of a coastal development permit(or other authorization to proceed wit M,evelopment)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 applicablee); 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 o residential development. Active recreational use may be appropriate in many cases where the development is Otermined 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 developmenVis not one of the priority uses specified in Public Resources Code Section 30M2, where active recreational uses reflect the historic public use of the site, were active recreational uses would be consistent with the use of the propose&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 1 for future vertical access, or(2) located in a site for which the local j 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. 09-1961/33781 6 Ordinance No.3834 A condition to require vertical access as a condition of approval/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 iii subsection J. The access easement shall be a minimum of 10 feet wide r If a residential structure is proposed,the accessway should not be sited ioser 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. X 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 factor's identified in subsection P. f 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 improvementsIshould 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 j any closer than_feet from_(a fixed inland point, such as the centerline of a public road or other easement monument)." t 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, 09-1961/33781 7 Ordinance No.3834 consistent with other provisions of this chapter. In determining if another character of use is appropriate, findings shall be made on th7sited factors enumerated in subsection P. The trail access shall be legalld as required by subsection J. 1. Protection Of Historic Public Use. 1. Siting and design requirements. Development shall b as in a manner which does not interfere with or diminisl` 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. dl 2. Minimum requirements. An access condition shall not serve to extinguish or waive public prescriptive rights. In permits where evidence shows the possibility of suclorescriptive rights,the following language shall be added to the access�condition: "Nothing in this c If ondition shall be construed to constitute a waiver of any prescriptive rights which may exist on the parcel itself or on the designatedreasement." 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 publiVthe property owner, and the accepting agency with the maximum amount of certainty as to the location of the accessway. As part of the condition o9approval, 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 appropriateXoundary 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. �a. Prior to the issuance of the coastal development permit or other authorization for`F 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 h°with provisions of the Coastal Development Permit ordinance, irrevocably offering to dedicate to a public agency or private association approved by the 21 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. 09-1961/33781 8 Ordinance No.3834 The recorded document shall p rovide that the offer to dedicate shall n� of 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. k 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. j 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 publ c''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/ a L. Privacy Buffers, Minimum Requirements. Separation between a public accessway and adjacent residential use may be provided when necessary to protect the landowners 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 b' 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 ,of 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 J operate and maintain the accessway or recreation area, a deed restriction 'i may be required instead of an offer to dedicate in order to assure t� 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. i 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 09-1961/33781 9 Ordinance No.3834 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 easemnnt, 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. Z. An analysis based on applicable factors identified in subsection P of the necessity for,r'equiring 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 4pproval, 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 y 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 09-1961/33781 10 Ordinance No. 3834 project's effects upon existing public access and recreation opportunities. Analysis of the project's cumulative effects upon the use and cap#ty of the identified access and recreation opportunities, including pub is tidelands and beach resources, and upon the capacity of major oastal roads from subdivision, intensification or cumulative buildo -. Projection of the anticipated demand and need for increased coastal access and recreation opportunities for the public. Analy�s of the contribution of the project's cumulative effects to any st�}}ch 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 or4ther characteristics, for creating,preserving or enhancing public access to tidelands or public recreation opportunities. 7 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 shorelide 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 sandmovement 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 jvicmity. 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 (verticalVIateral,blufftop, etc. and for passive and/or active recreational use, etc,.). Identification of any agency (or person)who has maintained and/o> 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 E resources or to see the shoreline. { +j 5. Other adverse impacts on access and recreation. Description of the I development's physical proximity and relationship to the shoreline and 09-1961/33781 1 l Ordinance No. 3834 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 ors 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 basis for the exception, as applicable. 2. Unavailabilityof an miti`atin measures to manage the type, character, Y rg g g Yp > > 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. R ecreational needs of the public. I 4. 1 Rights of privacy of the landowner which could not be mitigated by .X 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. r'. 6. Feasibility of adequate setbacks, fencing, landscaping, and other methods as part of a management plan to regulate public use. { t s 09-1961/33781 12 Ordinance No.3834 SECTION 5. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington each at a regular meeting thereof held on the day of 009. ATTEST: Mayor! City Clerk AP IOVED AS/TO FORM: c REVIEW ;t APPROVED: Cit Attorney CitfAe 4 inistrator INITI D ANP APPROVED: Direct of Planning i S 09-1961/33781 13 KEY INSERTIONS: Double underline DELETIONS Stf gl LEGISLATIVE DRAFT - ORDINANCE NO. 3834 Cha�te>r 221'CZ Coastal Z60-G r a D street h � y Sections: 221.02 Coastal Zone Overlay District Established 221.04 Zoning Map Designator 221.06 Requirements for Coastal Development Permit 221.08 Land Use Controls 221.10 Repealed Resource/Protection Requirements for New Development 221.12 Coastal Access and Public U e Areas, Signs Required 221.14 Preservation of Visual Resources 221.16 Community Facilities 221.17 Phasing 221.18 Diking, Dredging, and /illing 221.20 Hazards 221.22 Buffer Requirements 221.24 Energy Facilities 221.26 Residential Density Limitations 221.28 Maximum Heigh 221.30 Off-Street Parking Requirements 221.32 Landscaping 221.34 Signs 221.36 Public Acce s 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 wild in 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 shalI//how 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. 1 Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-1 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS �eagl� 221.08 Land Use Controls The land use controls for the CZ Overlay District shall be those/ofthe base district with which the CZ Overlay District is combined. Where conflicts arise, the provisions of this chapter shall govern. 221.10 Repealed ,34;Resource Protection Requirements for New Development As a condition of new development adjacent to a re/urce protection area, which includes any wetland. Environmentally Sensitive Habitat Area and associated buffers as the same are defined in the City's Local Coastal Program an applicant shall comply with the following: 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. F 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.ihe use of pesticides, and herbicides in outdoor areas, except necessary Vectbr Control conducted by the City or County. w - D. All street lighting, exterior residential lighting and recreational lighting adjacent to resource protection areas shall be limited in intensity and shielded in order to 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 onelor more of the lots in the subdivision F. Any buyer of a/housing unit within the CZ Overlay District, the project applicant shall be provided 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(sl. and the prohibitionlon 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. Protectiv/ fencing or barriers shall be installed and maintained between the resourcef protection areas and areas developed for homes or recreational use for the puroose of minimizing human and domestic animal presence in resource protecton areas. Huntington Beach Zoning and Subdivision Ordinance Chapter 221 P 221-2 5/97 09-1961/31545 !� KEY INSERTIONS: Double underline DELETIONS Stpk 0 221.12 Coastal Access and Public Use Areas, Signs Required f 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. /. r 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 publicviews 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 maybe permitted subject to approval of a coastal development permit. (3334) 221.16 Community acilities Prior to the issuance of a.,Xastal 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 pu lie access and recreation benefits associated with private development (such as but not limited to public accessways, public bike paths, habitat restoration and enhancement, etc.)Ishall 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. I 221.18 Diking, Dredging, and Filling Diking, dredging or filling shall be permitted only where there is no feasible, less environmental ly=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 221 221-3 5/97 09-1961/31545 YyI-Y INSERTIONS: Do ble underline DELETIONS S: a,e. r 221.20 Hazards As a condition of new development, the applicant shall be require to submit a report evaluating geologic, seismic, flood and fire hazards, and shall be designed to: 0 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. a' C. Comply with all provisions relating to,``"Methane Districts as defined in Chapter 17.04. f 221.22 Buffer Requirements As a condition of development adjacent tofenvironmentally-sensitive habitats delineated in the General Plan and, for development inAe coastal zone, environmentally-sensitive habitats identified in the Local Coastal Program,f`a minimum 100-foot buffer from the edge of the habitat as determined by a site specificFbiological 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 th`e California Department of Fish and Game and designed to: (3334) 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 migratoryI species, and the short- and long-term adaptability of various species to the presence of human beings; and C. Allow/or 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: I 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. 1. Existing consolidated islands; 2. New consolidated islands; Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-4 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS cfikgig h 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: i 1. Be consolidated in existing pipeline,corridors and shall avoid recreation areas and environmentally- sensitiye habitat areas unless there is no feasible, less environmentally-damaging, alternative location; 2. Incorporate automatic shutoff alves to isolate any segments carrying hazardous liquids; (3334) 3. Be constructed with erosion control measures and without the use of any chemical herbicides, r 4. Shall mitigate to the maximum extent feasible adverse environmental impacts; and (3334) 5. Shall not jeopardize public, health, safety or welfare. (3334) a C. New oil separation and treatment facilities shall be permitted only if: 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 4 A. The maximum height limits within the CZ Overlay District are 35 feet for a I. 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 pennitted to exceed the height limit under Section 230.72, shall be set back and screened so that they are not visible. 221.30 Off-Street Parking Requirements All develo,ment shall comply with the off-street parking requirements of Chapter 231. (3334) 1 Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-5 5/97 09-1961/31545 KEY/-- INSERTIONS: Double underline DELETIONS &r^k' � 221.32 Landscaping d t� All projects within the CZ Overlay District shall comply with the la dscape improvement requirements of Chapter 232 unless exempt, and the requirements/of Section 221.10. f� 221.34 Signs' All signs shall comply with Chapter 233. , F 221.36 Public Access Implementation (1 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 300,00 through 30900 of the California Public Resources Code. Sections 30001.5(c) states that public access both to and along the shoreline shalh e maximized consistent with sound resource conservation principles4and constitutionally protected rights of private property owners; " a' 2. To implement the public access and recreation policies of Chapter 3 of the Coastal Act (Section 30210 - 30255); and 3. To implementjhe 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 coastand public recreation areas is provided. V 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 Ybe provided and protected consistent with the goals, objectives and policies of the California Coastal Act and Article X, Section 4, of the Cal:rifornia 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-6 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS Slffike91,reuglr As used in this section structure includes but is notlimited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. 2. New development. For purposes of implem, nting 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. �3 b. Demolition and Reconstruction. The demolition and reconstruction of a single-family residence; provided that the reconstructed residenceZhall 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 thb 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 V 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 d 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-7 5/97 09-1961/31545 KEYS INSERTIONS: Double underline DELETIONS 4. Types of Public Access and Recreation. a. Lateral public access: provides publici cc ss and use along or parallel to the sea. b. Blufftop access: provides public=ccess 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 6r 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 Al 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 F` 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.,i 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-8 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS condition of approval for coastal access shall be imposed if the-analysis required by subsections 01 and 2 establishes that the develipment 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 desiraKle. 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. ^fir 2. Where findings required by subsections O and P establish any of the following: ` a� 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. E ceptions 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-9 5/97 09-1961/31545 A' KEY INSERTIONS: Double underline DELETIONS c*: kedffeug-', development is not one of the priority uses specified iniP blic Resources Code Section 30222, where active recreational uses reflect he 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 Aevelopment 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. if 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. N 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 shallo e a minimum of 10 feet wide . If a residential structure is proposed, tl Accessway should not be sited closer than 10 feet to the structure. G. Blufftop Aceess, 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 ff 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. Huntington Be,ch Zoning and Subdivision Ordinance Chapter 221 11 221-10 5/97 09-1961/31545 KEY INSERTIONS: Double underline DELETIONS, St-r-i glr The accessway shall be legally described as requi=red in subsection J, with the furthest inland extent of the area possible referenced as a distance from a fixed monument in the following manner: f- "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)." �r 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 *" lementation of trail access, or(2) in locations mp 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 otherAprovisions 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 apanner 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 roposed development and alternative development siting is not feasible, j 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 I' 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 i the designated easement." Huntington on Beach Zoning and Subdivision Ordinance 9 9 Chapter 221 221-11 5/97 09-1961/31545 /\ KEY/ INSERTIONS: Double/underline DELETIONS Stfri ' � J. Legal Description Of An Accessway, Recordation. An access dedication required pursuant to subsection C shall be described irr'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 coastaldevelopment permit or other authorization for development, the landownepAliall 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 affedthe 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 as�gnees, and shall be irrevocable for a period of 21 years, such period running frjom 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. i� 1 Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-12 5/97 09-1961/31,545 KE ' INSERTIONS: Douti e underline DELETIONSl 'tlireuglr L. Privacy Buffers, Minimum Requirements. Separationobtween 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. �s M. Implementation. ' r" I. 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 Ahere immediate public access is implemented through a deer' estriction. 2. In any case where the size and character of a development would impose very substantial burdensfon public access, such as a large resort development on the shoreline, and where the applicant has the capacity to operate and maintain4the 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, e 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 Finding Written findings of fact, analysis and conclusions 4addressing 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: Huntington Beach Zoning and Subdivision Ordinance Chapter 221! 221-13 5/97 09-1961/31545 „KEY INSERTIONS: Double underline DELETIONS 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 Findi gs. 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�:f 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 stall 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. Prolect effects on demand for access and recreation. Identification of existinj and open public access and coastal recreation areas and facilities in thelregional 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 thej 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 e 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 it 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 l 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 i (generally during the late winter) and the proximity of that line to existing Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-14 5/97 09-1961/31545 , /I Kl?Y INSERTIONS: Double underline DELETIONS Sff', structures, and any other factors which substantial 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//ffects 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�Whibit 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 limited4o, 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. r 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 detennination 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: 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-15 5/97 09-1961/31545 a Ar KEY r, INSERTIONS: Double underline DELETIONS 2. Unavailability of any mitigating measures to anage the type, character, intensity,hours, season or location of such use so that agricultural resources, fragile coastal resources,publics'afety, or military security, as applicable, are protected. 3. Ability of the public, through anotherereasonable 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 p1aan for regulating the time and manner or character of public access use mustl'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 const aints of the development site. 3. Recreational needs of the public. 4. Rights of priva y 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. FeasiVility of adequate setbacks, fencing, landscaping, and other methods as part of a management plan to regulate public use. I I Huntington Beach Zoning and Subdivision Ordinance Chapter 221 221-16 5/97 09-1961/31545 J Ao7/ia3�m"��� ATTACHMENT #8 r i 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 developme-t standards set forth in this section apply to every use classification in every zoning distric6tiless otherwise specifically provided. The Director may require evidence of ability to c,mply with development standards before issuing an entitlement. B. Air Contaminants. Every use must comp y 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 oJVa permit to operate must file a copy of such permit with the Director within 30 days of its pproval. 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 adppion. PASSED AND ADOPTED by the City Council of the City of Huntn°gton Beach at a regular meeting thereof held on the day of /� , 2009. ATTEST: Mayor City Clerk O ED AS TO FORM: REVIEWE D PPROVED: --M City Attorney City Adrnii strator INITIAT AND APPROVED: irect o Planning 09-1961/33790 2 i KEY INSERTIONS: Double underline DELETIONS Stfikethfough LEGISLATIVE DRAFT - ORDINANCE NO. 3835 chapter 230Si�e S> anda�rds rz , (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, EMG 3594- 11/02, EMG 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. 2006-62-9106, 3764-3/07,3779-10Y07) Sections: 230.02 Applicability Residential Districts 230.04 Front and Street Side Yards in De v oped Areas 230.06 (Deleted) (3724-02/06) 230.08 Accessory Structures 230.10 Accessory Dwelling Units 230.12 Home Occupation in R Dist 'cts 230.14 Affordable Housing Densi Bonus 230.16 Manufactured Homes 230.18 Subdivision Sales Offic s and Model Homes 230.20 Payment of Park Fee 230.22 Residential Infill Lot evelopments 230.24 Small Lot Develop ent Standards 230.26 Affordable Housi 230.28 (Reserved) 230.30 (Reserved) Non-Residential District 230.32 Service Stations 230.34 Housing off 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 Recy/ ng Operations 230.46 Sin le Room Occupancy 230.48 Efiestrian Centers 230.50 I oor Swap Meets/Flea Markets 230.52 eserved) 230.54 Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) All Districts 23 :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 Str4� 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 d elopment standards, other than parking and loading, landscaping and sign provisions, that ar applicable to sites in all or several districts. These standards shall be applied as specified in ' itle 21: Base Districts, Title 22: Overlay Districts, and as presented in this chapter. Residential Districts 230.04 Front and Street Side Y ds in Developed Areas Where lots comprising 60 percent df the frontage on a blockface in an R district are improved with buildings that do not conform to?U're e front yard requirements, the Planning Commission may adopt by resolution a formula or pro ce to modify the front and street side yard setback requirements. The Planning Commission alXB may modify the required yard depths where lot dimensions and topography justify deviationslocks 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. (3334-6/97) 230.08 Accessory Structures For purposes of applyi ng 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 constructionfof a principal structure on a site, except that construction trailers may be placed on a site at he time site clearance and grading begins and may remain on the site only for the duration f construction. Locati n. 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 Stfilcethrougk Minor accessory structures may be located in required side and rear yard setbacks pros ed that the structure is located in the rear two-thirds of the lot and a minimum five foot c earance 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,Aywhere 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/tructure 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 546, t setback required. (3710-6/05) U� VF5 d /-77177- �. 1 � 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 94ike� 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. Separation. 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 di,'stricts 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/ arking 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 otradjoining 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 accesso, 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. 1. Minimum Lot Size. 6,000 square feet. 2. Maximum Unit Size;�'The maximum square footage of the accessory dwelling unit shall not exceed 650 squu re 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. Parkin . All parking spaces shall comply with Section 231.18D. (3334-6/97) 6. Desi The accessory unit shall be attached to the main dwelling unit in such a manner as to cr ate an architecturally unified whole, not resulting in any change to the visible Fu acter of the street. The entrance to the accessory unit shall not be visible from the t in front of the main dwelling unit. Building materials, colors and exterior finishes ld 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 Stfil� C. Ownership. The second unit shall not be sold separately from the main dwelling unt. 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. (3710-6i05) 230.12 Home 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 Horne 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 co-°nducted 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 o"f 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. 7 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. F7 6. No motor,chicle 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 l'o 1-1 8. Neighborhood Notification shall be in compliance with Chapter 241 when a home 411 occupation involves instruction and/or service, e.g. music lessons, beauty shop, swimming lessons. Where a home occupation involves swimming instruction inan 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. (3710-6i05) 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�jwritten notice unless the home occupation is altered to comply. " a 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. l. Percentage of affordable unitst equired. 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 tyn 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 last 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; orl (3764-3/07) C. Provid/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 maybe 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 by a construction or mortgage financing assistance program, mortgage insurance program, Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 6 of 57 KEY INSERTIONS: Double underline DELETIONS Stfi� 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 walil 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) r An applicant shall agree to, and the city shall ensure that, the itial 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 13511 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 shallfi etain 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 throughou,t 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 buliding 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) 1 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 S4ik C. The method in which vacancies will be marketed and filled; F d. A description of the location and unit type (bedrooms, floor area,�xetc.) of the affordable units within the project; and e. Standards for maximum qualifying household incomes andrstandards 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 230.141)unless the City makes a written finding pursuant to Section 230.14J. (3764-3/07) ` fY C. Calculation of Density Bonus. J4, l. 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,P (3764-3/07) 14 k" 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 on"e 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 230.1413.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 aboyle 51 o. The maximum density bonus shall be 35 percent. (3764-3/07) C. For housing dvelopments meeting the senior citizen housing criteria of Section 230.14B.1.c,fthe density bonus shall be 20 percent. (3764-3/07) d. For housing developments meeting the moderate income criteria of Section 230.14B 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) I 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, of 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 subseciion 230.14B.1. (3764-3/07) D. Incentives and Concessions. i 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 8 of 57 KEY INSERTIONS: Double underline DELETIONS Sleugk , 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 vehiculapparking spaces that would otherwise be required that results in identifiable,�mancially sufficient, and actual cost reductions. (3764-3/07) / i. At the request of the developer, the City will penni t 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 paces 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 developmentland if the commercial, office, industrial, or other land uses are compatible9Awith 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 Inc,ntives and Concessions. An applicant for a density bonus shall receive the following/number of incentives or concessions: (3764-3/07) a. Ong 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) 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 9 of 57 KEY INSERTIONS: Double underline DELETIONS Slrik E. Waiver or Reduction of Development Standards. An applicant may submit to the city an 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 230.14B and includes a child care facility that will be located on the premises of, as part of, or adjla'�'cent to the housing development, the City shall grant either of the following: (37646107) a. An additional density bonus that is an 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 in/-entive that contributes significantly to the economic feasibility of the cAtruction 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 th n the period of time during which the density bonus units are required to re - in affordable pursuant to Section 230.14B.2. (3764-3/07) b. Of the children o attend the child care facility, percentage the ercenta e of children of very low incornle 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 householdsl or moderate income households. (3764-3/07) 3. "Child care facil`ity," as used in this section, means a child day care facility other than a family day car- home, including, but not limited to, infant centers, preschools, 11 extended day care facilities, and school age child care centers. (3764-3/07) H. Procedure. (3764-/07) 1. In addit n to submitting all documentation required to apply for a conditional use pm erit a developer requesting a density bonus pursuant to this section shall include the follo ing 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 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 10 of 57 KEY INSERTIONS: Double underline DELETIONS ke� , 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 thatthe developer requests. (3764-3/07) d. A calculation of the density bonus allowed. (3764-3 ;7j 2. All subsequent City review of and action on the applicants 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 oma 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 Agree ent 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 ony other incentives as proposed by the applicant. However, such conditions must Hot 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 estabVshed by resolution of the City Council, shall be paid by the applicant to the City priorAto 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 permitnXenvironmental analysis, and/or any other entitlements required. I. Required findings_for ap)or..oval. (3764-3/07) 1. Densitybonus. �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 ser�ifced by the City and County water, sewer, and storm drain systems without signiflcantly 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. The proposed project, which includes a density bonus, is consistent with the + overall intent of the General Plan. 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 11 of 57 KEY INSERTIONS: Double underline DELETIONS k-,�b J. Required finding for denial. (3764-3/07) /// 1. Concessions or Incentives. The city shall grant the concession or incenti ve`quested 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 prgide 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 specifZcadverse impact, as defined in paragraph (2) of subdivision (d) of California overnment Code Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the CalifomiYRegister of Historical Resources and for which there is no feasible method to/satisfactorily mitigate or avoid the specific adverse impact without rendering3 the development unaffordable to low and moderate-income households. (3764 /07) 230.16 Manufactured Domes A. General Requirements. Manufactured homes may be used for residential purposes if such manufactured home conforms to the regements of this section and is located in an R district. Manufactured homes also may be used Vor temporary uses, subject to the requirements of a temporary use permit issued under Chz(pter 241. B. Location and Design Re uirements/Manufactured homes maybe located in any R district where a single family detached d , elling 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 integrit�, 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: anufactured homes shall not be allowed: a. On subst , dard lots that do not meet the dimensional standards of Chapter 210; b. As a s and or additional unit on an already developed lot; or C. A7teila: accessory building or use on an already developed lot. 2. De si n C Manufactured homes shall be compatible in design and appearance with resident' 1 structures in the vicinity and shall meet the following standards: a. Each manufactured house must be at least 16 feet wide; It must be built on a permanent foundation approved by the Building Official; 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; Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 12 of 57 KEY INSERTIONS: Double underline DELETIONS c 6 r ram' 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 g �e 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 man factured home is installed on a permanent foundation, any registration of said maAfactured 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 thvtate, the owner shall provide the Director with a statement to that effect from the dealer selling the home. 230.18 Subdivision Sales Offices an odel Domes Subdivision sales offices and model ymes 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. r C. No sales office shall be converted or expanded into a general business office for the contractor or developer. fp gyp, 230.20 Payment of Park Fee s 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 f X INSERTIONS: Double underline DELETIONS &6' 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. (3301-11/9 / 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 to development to be reviewed in accordance with these requirements. (3301-11/95,3710-6/05) A. Privacy Design Standards. 1. 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. (3301-11/95, 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 onented toward the infill house's front or rear yard areas, a public street or permanent open space. (3301-11/95) B. Noise Considerations. 1. Swimmingpool/hot tub e uZpment, air conditionin equipment, and other ermanentlP 9 g P Y installed motor driven equipment shall be located to minimize noise impacts on contiguous residences. (3301-11/95) J 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 Notificatt n Requirements. 1. Ten 10 working days prior to submittal for plan check Ian review the applicant shall ( ) g Y p P (p ) pp 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 applic lion shall include the following: (3301-11/95) a. Name of applicant; Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 14 of 57 j, KEY j INSERTIONS: Double underline DELETIONS &fike 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 w ' i"n"g 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 Development. 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 �f/ 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). 7 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 mil eat 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. a/ssttory Minimum Lot Frontage 40 ft. Cul de sac and knuckle 30 ft. Maximum Height Dwellings 30 ft.; max. 2 stories excep 3'd level permitted <500 sq Min. 5/12 roof pitch No decks above the second Accessory Structures 15 ft. Minimum Setbacks Front Dwelling 15 ft. + offseXiinont 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 f zincludes min. 4 ft. landscape lettered lot (6 ft. between bldg. and prop. line) Rear Dwelling 5 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 Dimension Min. 400 sq. ft.; (width x depth) min. 18 ft. wide Minimum Building Separation to 6 ft. Accessory Building Open Space Common recr ational 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 addition, Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 16 of 57 i KEY INSERTIONS: Double underline DELETIONS e.Fike, � P 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 automaticsprinkler systems—On-street parking shall be provided on both sides of the street. Sidewalks/Parkways Side balks 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 )Housing (3687-12/04) A. Purpose. 1. The purpo,/eand 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}ncome housing, which is integrated, compatible with and complements adjacent uses, and is located in close proximity to public and commercial services. (368-12/04) 2. Th '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 O DELETIONS &trilfet appropriate family size, as published by the United States Department of Housing and Urban Development or established by the State of California, pursuan,rtlto 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 veg0ow, low or median income level households based on the Orange County Median Income, adjusted for appropriate family size, as published by the United,Slates 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 outline as part of a specific plan project. (3687-12/04) 5. Developers of residential projects may elect to rovide the affordable units at an off-site location pursuant to subsection B unl ss 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 approve party. (3687-12/04) 6. New residential projects shall include construction of an entirely new project or new units added to an existing projec/For purposes of determining the required number of affordable housing units, my new units shall be counted. (3687-12/04) C. Fees in Lieu of Construction. 1. Fees paid to fulfill the requirer ents of this Section shall be placed in the City's Affordable Housing Trust Find, the use of which is governed by subsection E. (3687-12/04) 2. The amount of the in-lie ,fees shall be calculated using the fee schedule established annually by resolution o, the City Council. (3687-12/04) 3. One hundred (100) pe cent of the fees required by this Section shall be paid prior to issuance of a buildi g 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 tlfe 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 ofIuntington Beach. (3687-12/04) 1. Off-site 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 '"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 gtf availability, or evidence of the applicant's reasonable progress towards attain m nt 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 Sectio, 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/bby the City. (3687-12/04) 2. An Affordable Housing Agreement outlining all aspects of the affordable housing provisions shall be executed between thea'pplicant 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) J 4. In a project requiring an in-lieu fee, the applicant shall execute and record an Agreement to pay an Affor Ae 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 o'f 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,w ith 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 unds 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 Stfi g r 8. New affordable units shall be occupied in the following manner: (3687-12/o4j (a) If residential rental units are being demolished and the existing tenant(s) meets the eligibility requirements, he/she shall be given the�nght 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.e selected. (3687-12/04) F. Price of Affordable Units. Affordable units shall be sold orrrented at prices affordable to very low, low- or median-income households pursuant tooterms of the Affordable Housing Agreement. (3687-12/04) a 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations 7 The following supplemental development t ndards shall apply to the Service Station use classification. A. Minimum parcel size. 22,500 square feet. i7 B. Minimum frontage. 150 feet an tlocated at the intersection of arterial highways. C. Site Layout. 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 &tfi � 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: 'y a. A 3 foot-wide planter (inside dimension) along interior property lines shall be provided, except at vehicular circulation openings. Additional landscaping may bed 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 to4and 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 thefollowing 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 condiit�ional use permit. F. Accessory. The accessory uses listed below shall be permitted as included on the approved site plan. Such uses shall We 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 permd 1. Convenience markets are permitted provided no automotive repair or truck or trailer rental is permitted on the same site. 2. Automatic washingcleaning and waxing of vehicles. Such activity shall be of an integral design with the rn,am structure. 3. Truck and utill'ity 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 Housing 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 gtril eu 230.36 'Transportation Demand Management NP 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 a!�an alternative to the single occupant vehicle. This can include all forms of ridesharingjpublic transit,bicycling or walking. ' 2. Ca ool: 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. fr 4. Employ: 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. y 8. Transportation Demand Management (TDM): 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, van' ools and transit; and reduction of VMT and the number of vehicle trips. 9. Van pool;/Means a vehicle occupied by seven (7) or more persons traveling together. 10. Work--site: 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 &r-ike� /f 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. ff 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: I/ a. Temporary construction activities on any affected prof ct, including activities performed by engineers, architects, contract subcontractors and construction workers. b. Other temporary use classifications or as authori ed 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. j(3710-6/05) 4. Employee generation factors shall be based on one of the following: Y a. Employment projections developed by`the property owner, subject to approval by the Director; �l 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 Employees Office/Professional 35,000 Hospital and Medical/Dental 40,000 Industrial (excluding Warehouses) 50,000 Commercial/Retails` 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. i' t r r Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 23 of 57 KEY INSERTIONS: Double underline DELETIONS Str�u D. Site development standards: Development projects subject to this section shall comply with Z the following site development standards: 1. Parking for Carpool Vehicles led a. The following percentages of the total required parking spaces per Chapter 23 l,,�shall be reserved and designated for employee carpool vehicles by making such spaces "Carpool Only": x Percent of Total Parking Devoted to Type of Use Employee Carpool Parking`- Office Professional 13% r Hospital and Medical/Dental Office 9% Industrial/Warehouse 14% ,. Commercial/Retail 5% ` Hotel space for every 2/employees �y b. Carpool spaces shall be located near the building's ideniified 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 minim a`m ratio of 1 for every 20 employees. b. Separate shower facilities shall b.e 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 employec"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 Inforinaation 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 alternativ�e,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 gt fi� t ` 3 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. r� 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 J /24, parking for vanpool vehicles shall be provided as follows: , a. The number of vanpool parking spaces shall be at least/l% of the employee carpool parking spaces and reserved for such by marking theaspaces "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 requirer- ents 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 o.f game centers so as not to allow school children to play the games during school hours or torencourage 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 24/1. (3710-6/05) 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 Age. 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 da/s 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 Stfi� E. Restrictions. The Director may impose reasonable restrictions on the physical design„cl 11 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. J, t. 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 Aeer`onautics; 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. d`4 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,? elipad, 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 th�e'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. Helicopterr maintenance facilities - 25 feet; c. Admi strative or operations building - 15 feet. 3. Any li ting 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 &rik,II 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: (3710-6/05) 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. fi 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 the4akeoff and landing area; the height of existing, approved and proposed structures and tfees within 50 feet of the approach and takeoff flight paths; and the maximum allowable building height under existing zoning.' f` 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. r 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 Districtfand RMH-A District after a duly noticed public hearing upon finding that: (3710-6/05) f l. The bed and breakfast inn jwill 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 Si e 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 S 6il 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�pquired attendant parking space. A recycling operation as a primary use shall comply with he development standards contained in Chapter 212. 230.46 Single Room Occupancy Single room occupancy(SRO) shall comply with the follo /eqents: A. General Provisions. 1. All projects shall comply with the most recently adilding, Plumbing, Mechanical, Electrical, Fire, and Housing Codes. 2. No more than one (1)person shall be permitted to nit, excluding the manager's unit and up to 25 percent of the total mber of units which have double occupancy. (3494-5/01) 3. A Management Plan shall be submitted for r�eview and approval with the conditional use permit application. The Management Plan/shall contain management policies, operations, emergency procedures, overnight guest pp'licy, 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 pa 'y and submitted to the City of Huntington Beach as part of the annual review. (3494-5/01 4. An on-site, twenty-four(24)houmanager is required in every SRO project. In addition, a manager's unit shall be provid,e�d which shall be designed as a complete residential unit, and be a minimum of 300 sgaare feet in size. (3494-5ro1) 5. Rental procedures shall al 'w for monthly tenancies only; deposit requirements shall be specified. (3494-5/01) 6. All units within SRO rojects shall be restricted to very low and low income individuals as defined by the City's ousing element, with the exception of the twenty-four(24) hour manager. Rental r� es shall be calculated using a maximum of 30% of income toward housing expenses ased 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 e Planning and Economic Development Departments which includes the range of monthly rents, the monthly income of residents, occupancy rates, and the number of vehicle 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 c Wik,v I 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) 1' 2. Maximum unit size shall be three hundred (300) square feet excluding manager's unit and double occupancy units. (3494-5/01) r 3. Each unit shall contain a kitchen and bathroom. (3494-5/01) a. Kitchens shall contain a sink with garbage disposal, counter topl'(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) Zbic feet of closet/storage space. C. Project Requirements. 7 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. (3494-5/01T) r 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 (2,0) square feet in size and has no less than a ten (10) foot dimens/ed 2. A single cryway for routine ingress and egress shall be situated adjacent to and in full anager's desk. 3. A secured hall be incorporated in the facility for the storage of confidential resident recurity office personnel. (3494-5/01) 4. Mailboxesvided 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. (3494-5/01) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 29 of 57 /i f KEY INSERTIONS: Double underline DELETIONS Strip 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,)/ S. 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 floZratio 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 thaen (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) Z 12. Trash disposal chutes as well as a centraliz.d 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 call (3494-5/01) 14. Phone jack(s) shall be provided unit. (3494-5/01) 15. A shipping and receiving/maint/inzch nce garage shall be provided near a convenient vehicular access on the ground floor. (3494-5/01) 230.48 Equestrian Centers A. Permit Required. Equestrianr}}centers shall be permitted in the OS-PR and PS districts, subject to the approval of a conditidnal use permit by the Planning Commission. Where all off-site improvements are not prodded, 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/ff-site improvements within the area. B. Design and Develo/pment Standards. 1. Minimum Parcel Size/Frontage. The minimum lot size and lot frontage shall be: rArea Frontage Temporary facilities: 2 acres 100 feet Perm7/Riding nt facilities: 5 acres 100 feet 2. Der Areas. 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 Safi t (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 (1,5) horses. For facilities with over one hundred (100) horses, two separate arenas shatibe 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 shal. bhirty(30) feet. 4. Required Setbacks. Front: 50 feet (30 feet for car- aker's residence) Interior side: 25 feet Exterior side: 50 feet Rear: 25 feet Minimum distance to any residentia300 fe t zone or use: 5. Corral Design. Corrals designed for one horse shall comply with the following requirements. Corrals designed fort ore 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 fife department. (a) Corral size: 288 square feet Minimum dimension: 12 eet Shelter size: 96 squar feet Minimum dimension: 8 feet (b) Each corral shall h e an approved water system with automatic drinking controls provided. (c) Box stalls may e provided in lieu of horse corrals. Such stalls shall be a minimum of 144 square fee with no dimension less than twelve (12) feet. 6. Wash rack. On wash rack per thirty-five (35) horses or fraction thereof shall be provided subject to the f llowing requirements. Wash racks designed for more than one horse shall provide a mi in area per thirty-five (35) horses as indicated below: (a) Individ al wash racks shall be 6 feet by 8 feet. (b) Eac 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 c, ike' 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 conveni"ently located with an all-weather road access provided. 6. All dry grains shall be stored in rodent-proof metal con/ainers and hay storage shall be covered. Bulk or commercial amounts of grain or ha; 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/begraded above their surroundings. A grading plan shall be submitted prior toissuance 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 exerse 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 da/ 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 dev� e shall be installed to protect the public water supply. An approved pressure v cuum breaker is recommended on the waterline serving the corrals. The vacuum break7:211 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, ar(d the names and addresses of persons to be notified in case of emergency shall be main,alined in the watchman's quarters for ready reference. 8. All f e protection appliances, appurtenances, emergency access, and any other applicable re irements, 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 &tr-i Irr-eu E. Off-street Parking and Landscaping. 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 me is/flea market uses may be permitted as temporary uses only upon approval of conditional se permit by the Planning Commission for a period of time not to exceed ten (10) years. O e year extension of time may be granted after public hearing by the Planning Commission. B. Location Considerations: The Planning Cotrunission shall consider the following issues when evaluating a proposed conditional use permit: 1. The site's proximity to residences, chools, hospitals and other noise sensitive uses. 2. The potential adverse impacts op 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/ ea 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. 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 gtfi� 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�result of a public taking. No building or structure shall be altered or enlarged to increase th!�gross floor area by more than 50 percent within any one-year period except on a legal building site. 230.64 Development on Substandard Lots .4f Development on substandard lots shall be subject to approval of a conditional use permit by the Zoning Administrator. A legally created Jot 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 iysubstandard. 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 shallibe 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 Wards 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 e.fike ALLOWABLE PROJECTIONS IN FEETa Front Side Street Side Rear Yard Yard Yard/ Yard Fireplace or chimney 2.5 2.5b 26 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 l/3 of the building length, and the total of all projections shall not exceed 2/3 ofithe building length on which they are located. bA 30-inch clearance from the property line shall be maintained. cNo projection shall extend snore than 1/2 the width of the street side yard. 230.70 Measurement of Heigh 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 setat 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. /r B. The differential bet; cen 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, deterinined before rough grading, shall be subject to conditional use permit approval by the Zoning Administrator. Conditional use permit approval shall be based upon a buildings nd 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 Stii'o 230.72 Exceptions to Height Limits Chimneys; vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas; parapef'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. (3334-6/97,3568-9/ ,/ 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 beverages shall be permitted. (3525-2/02) 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 torage 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 Requirem�e'nt. 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 f 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 Stfi f ,X B. Utility Meters and Backflow Prevention Devices. Utility meters shall be screened from view,<s' from public rights-of-way. Electrical transformers in a required front or street side yard shallbe4 enclosed in subsurface vaults. Backflow prevention devices shall not be located in the frontA and setback and shall be screened from view. V C. Screening Specifications. A mechanical equipment plan shall be submitted to tth`&Director to ensure that the mechanical equipment is not visible from a street or adjoiningflot. 230.78 Refuse Storage Areas A. Refuse storage area screened on three sides by a 6-foot masonry wa 1 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 usW 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 1 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 ilm4 posing 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: Satehlite Antennae. A satellite antenna may be 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-halfbf 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 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-residenfal districts if a conditional use permit is approved by the Zoning Administrator. (3568 9/02) fi�� 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. (3568-9/02)) 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. (3568-9i02) 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 rece6ption 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. (3 4/02) 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' 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 reqiring 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 manageniient programs prepared for development projects as applicable and to the maximum extent practicable. CD. 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 Stfik eu i 230.84 Dedication and Improvements A. Dedication Required. Prior to issuance of a building permit, or prior to the use of land fors y 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: F 1. 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 ch�ge of occupancy. 2. Exterior building alterations or additions for a residential userwhich 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. 'j,/ 5. Horticultural Uses. The dedication herein required may be reviewed at the time of entitlement. Upon request by the applicant, a4emporary postponement, not to exceed one (1) year, may be granted upon considerationfof the following criteria: a. Type of horticultural use proposed. ;ct b. Duration (temporary or permanent). c. Vehicular access and effect ofithe 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 r quired 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 rr 2. A precise plan o 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 &ril eu 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 im 4vements. 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 writ�irfg that the deposit required by subsection (3) of this section may be used by the Cy 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,nd 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. 7 230.86 Seasonal Sales A temporary sales facility for the saile 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 Halloweeny pkin sales facility shall not be open for business during any calendar year prio��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 Stfil'o C. Site Standards. 1. Storage and display of products shall be set back not less than ten 10 feet from edge of p ( ) g 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 tempo) ry use, and to guarantee maintenance of the property. A bond shall not be requiredrfor 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 Al 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/-or 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 a'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 (/�) 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 elsewlfere 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 8+f e 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').0high all or fence on the interior property line without Building Permits so long ap 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 tots 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 eighf (8) foot high solid masonry or block wall may be constructed on the common side or rear property line. 7' 6. Only at the time of initial constructio of the dwellings and in order to allow variations in the street scene in R districts, fences4or walls exceeding forty-two (42) inches in height may be permitted at a reduced frop'setback of six (6) feet subject to plan review approval by the Director in conformance with the following criteri a: (3710-6/05) a. The reduced setback shal�be only permitted for five (5) or more contiguous lots under the same ownership. (37,10-6/05) b. Such walls shall not encroach into the visibility triangular area formed by measuring seven and one-half(r7.5) 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 protec Jaa 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 c4ik_ ; 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 theme, 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 sha�lllbe 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) inchhigh 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) fi Required Tree/Palm .r" Landscaping f I � Front > Building* Yll'fl YlP.tYV�lll� 'r Max 4?" Patio Max.18" j i r.�txy Ret-iinino Walls Sidewalk/Parkway Max.18, f *See Maximum building height in Chapter 210 f 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 f; DELETIONS S+rikedffettgk fi 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 appproval 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 sh/11be permitted that restricts or obstructs public access to the shore. (3334-6i97 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 conczlete block or masonry wall shall be required. If a wall meeting these standards already xists on the abutting residential property, protection from vehicle damage shall be proviSYed 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. Visibility. 1. On reverse corner lots and corner lots abutting an alley, no fence, wall or hedge greater than forty-two (42)linches in height may be located within the triangular area formed by measuring ten (�) 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 ffom 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 clearane below seven (7) feet shall be permitted. 3. Visi ility of a driveway crossing a street or alley property line or of intersecting driveways y not be blocked between a height of forty-two (42) inches and seven (7) feet within a ngular area formed by measuring ten (10) feet from intersecting driveways or et/alley and driveway. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 44 of 57 KEY INSERTIONS: Double underline DELETIONS &6kedffetigh pROPf R�L/NE' ¢ 230-CORD DIAGRAM[ A/ t lz I — 10 . 10 — 10' 10' 10' 10' 10' 10' 230-satb STREET/ALLEY DIAGRAM[ B t' Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 45 of 57 KEYJ INSERTIONS: Double underline DELETIONS � REVERSE CORNER LOT CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY 'A' •A" 'A' as° •a• / 43 23' i / / s / / / / o 10- e -1� to' —►to� THROUGH THROUGH LOT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL A 42 inch high fence may be constructed on any portion of the lot. ' ® Indicates that portion of the lot on which a 6 foot high fence may be constructed. / "A" Indicates minimum front yard setback. 3 JDia ram C A. p / 812394 GIDIWORA'N230SW8MP 230.90 Contracto4� torage Yards/Mulching Operation Contractor storage�.4ar ds 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 maximudof three one year extensions by the Planning Commission. B. The velopment shall comply with parking, access and setback requirements contained in Ch ter 231. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 46 of 57 KEY INSERTIONS: Double underline DELETIONS �� 230.92 Landfill Disposal Sites P 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�n 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 o�,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, encapslflation, 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 in, in the operations plan. C. Approval of Operations Plan. l. 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 gn any land disposal site in the City, mitigation measures, contained in the opera-ions plan, shall be implemented immediately. D. Hazar -us 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: (3710-6/05) 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 Sti4 % 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 der 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 sha�/ontain specific procedures to be followed by all responsible parties involved with the excavation. 2. A plan containing specific measures to monitor air quality toybe 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 b'e exempt from the requirements of this section unless otherwise determined by the Director: 1. The drilling of holes up to twenty-�fZr(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/ith 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 Cartsland Kiosks. Carts andiosks may be permitted on private property zoned for commercial purposes, subject to approval+y 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;3482-12/00;3525-2/02) 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 c4ikea=own ` 1 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/6r 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. dr 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) �t 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 obstructionsymcluding, 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 vo umes; and (3249-6/95) 8. Handicapped access ibility. (3249-6/95) C. Operatin Rgequir"ements, 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. s 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 ctT4. 5. The prices of items sold from a cart or kiosk must appear in a prominent, visible location Z" 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 maximun�'df 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) d° E. Review, Revocation. The Planning Department sha" 11 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 oMbis 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. 41 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) +� E. Definitions. For the purpose of this section, the following definitions for the following terms shall apply: (3568-9/02)f 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. (3566/9/02) 2. Co-Locate or Co-Located. The location of multiple antennas which are either owned or operate by more than one service provider at a single location and mounted to a common Suppo ing 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. (3568-9/02,3779-10/07) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 50 of 57 KEY INSERTIONS: Double underline i DELETIONS gwik � 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) ' (. Pre-existing Wireless Facility. Any wireless communication facility for which a building permit or conditional use permit has been properly issued prii r 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 ;telecommunications tower. (3568-9/02) r' 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. S,ce 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�A stalled 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 off 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 9/02,377910/07) 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 provid d 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 51 of 57 KEY INSERTIONS: Double underline DELETIONS &Fil-etln-eugh 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 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) ,y 2. The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section2,30.80 (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) x -el b. Any antenna structure that is two meters(78.74 inches) or less in diameter located in commercial or industrial zones and iAesigned 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. (3 56 8-9/02) d. Any antenna structure that is designed to receive radio broadcast transmission. (3568- 9/02) r' t 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 inithe 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 inte7ted into a structure. (3779-10/07) 3. Scr ening 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 52 of 57 KEY INSERTIONS: Double underline DELETIONS }' .,>'` 5. No portion of a wireless communication facility shall project over property lines, (3779- 10/07) ,a 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 submmit4he 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 M 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. (3779-10/7) c. Before activating its facility, the applicant shall submit to the Police and Fire Departments a post-installationEtest 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 Sheriff's 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 th t'frequency planning" process has been met. (3779-10/07) 7 d. The applicant shall provide to the Planning Department a single point of contact (including name andll elephone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interferenceissues. 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) lF 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 (3779-10/07) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 53 of 57 KEY INSERTIONS: Double underline DELETIONS Wike' c. Facilities in non-residential districts that are in compliance with the maximum building-' height permitted within the zoning district; and (3779-10i07) 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) Ili. Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques. (3779-10i07) 2. Following submission of a Wireless Permit Application, a Con�ditional 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: (3779-10i07) a. Exceeding the maximum building height perm ed 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: (3779-10i07) i. Stealth installations; (3779-10i07) ii. Co-location and locating facilities within existing building envelopes; (3779-10/07) iii. Minimizing visual prominence through colorization or landscaping; (3779-10i07) iv. Removal or rep4acement of facilities that become obsolete. (3779-10/07) 3. Design review shaIl7be 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 1. F. Facility Standards: The following standards apply to all wireless communication facilities: (3779-10/07) 1. Aesthetics: a. Facility: 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. (3568-9i02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 54 of 57 KEY INSERTIONS: Double underline DELETIONS &MEedffeugh , 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 manner that complies with the development standards of the zoning distri5�n which such equipment is located. Screening materials and support structuresJhousmg equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. If chain link ixused, 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,)'`7 2. Building Codes: To ensure the structural integrity of,/ireless communication facilities, the owners of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building code 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 colAitions 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 thle 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/d appurtenant equipment including landscaping shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall e 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. Sigm� 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, 3779-10/07) 9. Facilities on,Public Property: Any wireless communication facility to be placed over, within, on, 6r 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 hardscapc 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. Utility Agreement: 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 55 of 57 KEY INSERTIONS: Double underline DELETIONS1'� 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 p9wer or other services, that they accept all responsibility for those lines in the publielhght-of-way. 3779-10/07) 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) /�i a. Any wireless communication facilities to be constructed on or beneath the public right- of-way must obtain an encroachment permit from I e 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 undergrofund. At no time shall equipment be placed underground without appropriate conduit. (3568-9/02,3779-10/07) c. The City Engineer shall approve,th 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 communicatiZ 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 an public right-of-way, including but not limited to, the construction of any subway off'viaduct that the City may initiate either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit, reimbursem.6 agreement or generally applicable impact fee program. (3568-9/02,3779- 10/07) ' f. If the f2lity is attached to a utility pole, the facility shall be removed, at no cost to the City,)1f the utility pole is removed pursuant to an undergrounding project. (3569/02,3779-10/07) 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 56 of 57 KEY INSERTIONS: Double underline DELETIONS &Films Y 13. Facility Removal. ' a. Wireless communication facilities affecting the public view and/or located inlareas 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 e deemed abandoned pursuant to the following sections unless: (3568-9/02,3779 7) 1. The City has determined that the operator has resumed operation of the wireless communication facility within six (6) months of the otice; or (3568-9/02,3779-10/07) 2. The City has received written notification of aptrransfer of wireless communication operators. (3568-9/02,3779-10/07) c. Abandonment: A facility that is inoperativVor 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 mail. (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 evidenceAtermine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. (3568-9/02,3779-10/07) e. Removal b�ty. 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 1