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HomeMy WebLinkAboutApprove Mitigated Negative Declaration No. 16-003; Adopt ResCity of Huntington Beach File #: 18-182 MEETING DATE: 7/16/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Jane James, Interim Director of Community Development Subject: Accept corrections to the Windward Specific Plan by Re -adopting Resolution No. 2017-18 with amended Exhibit D, and Resolution No. 20� 17-19 with amended Exhibit B Statement of Issue: On May 21, 2018, the City Council held a public hearing and approved the Windward Residential and Open Space project by adopting various resolutions and ordinances for General Plan Amendment No. 16-002, Zoning Map Amendment No. 16-003, Zoning Text Amendment No. 16-004, Local Coastal Program Amendment No. 16-002 and Development Agreement No. 16-001. Subsequent to City Council's approval, staff realized that Exhibits B and D to the Zoning Text Amendment and Local Coastal Program Amendment resolutions, was the incorrect version of the document and did not include revisions made by the Coastal Commission staff. Therefore, staff is requesting that the City Council re -adopt the Zoning Text Amendment and Local Coastal Program Amendment resolutions with the correct exhibits attached. The correct exhibits contain the Coastal Commission revisions that were inadvertently omitted. Financial Impact: Not Applicable. Recommended Action: Re -adopt Resolution Nos. 2017-18 (Local Coastal Program Amendment No. 16-002) and 2017-19 (Zoning Text Amendment No. 16-004) with amended Exhibits D and B, respectively. Alternative Action(s): Do not re -adopt Resolution Nos. 2017-18 and 2017-19 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant/_ Property Owner: Ed Mountford, Signal Landmark, 27271 Las Ramblas, Suite 100, Mission Viejo, CA 92691 Location: 17202 Bolsa Chica Street, 92649 (SEC of Bolsa Chica Street and Los Patos Avenue) City of Huntington Beach Page 1 of 3 Printed on 7/11/2018 12-1 ✓/�dvL-�i Gp/( IA,)77eO.&Wn0104s ,g,y, Dept. ID CD 1ng D Page 1 of 10 13 � Meeting Date: 5/21/2018 7//IO/fig Pj1_,AWP7-E- j - L::7S�77on! No. -WJ-7- /S w:rTtf AM6XY)L-b L Xtl IP-47 D iftb RZ50L.L77aN At/0..t0l-7-19 wt7W 4HSVbG-b EXtiiBrr S CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/21/2018 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Jane James, Interim Director of Community Development SUBJECT: Approve Mitigated Negative Declaration No. 16-003; adopt Resolution No. 2017- 20 approving General Plan Amendment No. 16-002; approve for introduction Ordinance No. 4134 approving Zoning Map Amendment No. 16-003; adopt Resolution No. 2017-19 approving Zoning Text Amendment No. 16-004; adopt Resolution No. 2017-18 approving Local Coastal Program Amendment No. 16- 002; and, approve for introduction Ordinance No. 4135 approving Development Agreement No. 16-001—Windward Residential and Open Space Statement of Issue: Transmitted for your consideration is Mitigated Negative Declaration (MND) No. 16-003, General Plan Amendment (GPA) No. 16-002, Zoning Map Amendment (ZMA) No. 16-003, Zoning Text Amendment (ZTA) No. 16-004, Local Coastal Program Amendment (LCPA) No. 16-002, and Development Agreement (DA) No. 16-001 for a 5.0 acre site at 17202 Bolsa Chica Street, located at the southeast corner of Bolsa Chica Street and Los Patos Avenue. GPA No. 16-002 is a request by Signal Landmark to amend the General Plan land use designation from Open Space —Park to Residential Medium Density for the western half (2.5 acres) of the 5-acre Windward site. ZMA No. 16-003 is a request to amend the zoning designation from Residential Agriculture — Coastal Zone Overlay to Specific Plan — Coastal Zone Overlay. ZTA No. 16-004 is a request to establish the Windward Specific Plan for the development of the residential townhome project and dedication of open space. LCPA No. 16-002 is a request to amend the certified Land Use Plan from Open Space — Park to Residential Medium Density for the western half (2.5 acres) of the site and to reflect the Zoning Map and Text Amendments. DA No. 16-001 is a request 1) to vest the proposed land use designations and standards for the development of 36 residential units for a 10-year term; and 2) to ensure the dedication of 8.7 acres of land for passive public open space and resource conservation uses to a governmental agency or a qualified non-profit organization. MND No. 16- 003 is a request to analyze the potential environmental impacts associated with the proposed legislative amendments. The Planning Commission and staff are recommending approval of the proposed legislative amendments and development agreement with suggested findings. Financial Impact: Not applicable. Item 22. - 1 HB -1108- Exhibit E Amended Zoning Map Legend RL: Residential Low Density RMH: Residential Medium High Density SP-15: Specific Plan 15 (Brightwater) SP-16: Specific Plan 16 (Windward) CC: Coastal Conservation CZ: Coastal Zone Overlay Exhibit B Amended General Plan Land Use Map (Extract of Figure LU-51 R L-r ntial Low Den R L-7 Recently A , nexed Area Land Use Not Certified Legend xd A .-- Subject Site r OS-C Suburban Open Space Residential Conservation County of JL Orange RL-7: Residential Low Density — 7 du/acre RM-15: Residential Medium Density — 15 du/acre RMH -25: Residential Medium High Density — 25 du/acre OS-P: Open Space — Parks OS-C: Open Space — Conservation Ordinance No. 4134 IRL Exhibit B Amended Zoning Map RL C ential Low Density -.0 x Subiect Site SP16-CZ � ,� RL-CZ : \ -A - Specific Plan Coastal ZoneSandow `s m x t .A C V g Planned Community Coastal � Conservation --L--Beater-Dr— County of / SP15-CZ Orange R L-CZ —Brightwater SpecificlPlan (Undesignated);' RL: Residential Low Density RMH: Residential Medium High Density SP-15: Specific Plan 15 (Brightwater) SP-16: Specific Plan 16 (Windward) CC: Coastal Conservation CZ: Coastal Zone Overlay , + A-`� yi. j • �. �� r�, ... '!n k %1GT"7 ..Y,.,. ' 'n•Y Spa wI if v 4. ok A'� it �+�'.e%teFL►ti'-�+':y ♦ ' ,{ { re 4 t `* '. Ph n Twin V'v'ama RHeni�` � .• -_- � �iva'6i� � � y ,g�fa � ,.sl�,.�+ a � �H � r ,�3 r ✓ .. /.�.� . a J Y"; •',. '4 +Q^.�3MNi "i..,u:L:- t � ) arc^ '! ,I ll,. � d r� -� .♦ � /. �)�tj� WINDWARDC SPECI I PLAN ' F � � r i ��yf ,t` • .��: �_ � ` "' • RY y ." �:� '1 tii ` Y ! ^ rl LL j � '� � � i •% j N �`.�•{�' ��. ; � .a.; �. + �� /1 ,ky \ .4 1 -B PIP �W yam' �� •+.. p ..', � :,,✓a "K, /` :gip" i 1.. a .,�, ryrj.. `mod' K 4 .''♦ - J.,. , �R 1 M'� �r -+J' ('J _ - g, i Los Petos Avenue S Dnve� S LEGEND - Open Space - Park (OS-P) Windward Specific Plan City of Huntington Beach Los Petos Avenue IM 2.5 AC. Sandov r� Dnve h Y U LEGEND Residential Medium Density (RM) Open Space - Park (OS-P) Exhibit 1-3 Existing and Proposed Land Use Designations A I I I I lomh NORTH o tool M,2017 Avenues ---- Los Petos ._._.—._._.—.—.—.—..�.`.—. Avenue _ �'� —- Sandov r Dnve F2 h ro U ro LEGEND Residential Agriculture with Coastal Zone Overlay Windward Specific Plan City of Huntington Beach Sandov Drive 1 j SP 16 j j (Coastal Zone Overlay) j I I 1 I 1 I I I I L................................. LEGEND Specific Plan (SP 16) with Coastal Zone Overlay Exhibit 1-4 Existing and Proposed Zoning Map Designations +Mt N 0 I I 1001 ., WINDWARD 2 DEVELOPMENT PLAN 2.1 Land Use Plan 2.2 2. Development Plan The Windward Land Use Plan is illustrated on Exhibit 2-1, Land Use Plan, and contains approximately 5.3 acres. The Windward Property is composed of the Windward Residential Parcel and the Windward Open Space Parcel. The Windward Property overlooks some of the lowland areas of Bolsa Chica owned by the State of California to the south and the Parkside project open space area to the east. The site is across Bolsa Chica Streetfrom the existing Sandover neighborhood atthe intersection of Los Patos and Bolsa Chica Street and adjacent to apartments on the north. The Windward Residential Parcel allows for 36 residential dwelling units clustered adjacent to existing residential development (see Exhibit 2-2, Illustrative Site Plan). The non-residential land uses designated for the Windward Open Space Parcel are intended primarily for passive open space and resource conservation uses which are described in Chapter 4, Open Space and Resource Conservation. Table 2-1 Land Use Summary Table Land Use Acresl Housing Units Density Residential- Medium 2.5 36 14.4 du/ac Coastal Conservation 2.8 Not Applicable Not Applicable Residential Development As identified in Table 2-1, the Windward Specific Plan contains a Residential — Medium land use category providing for a maximum of 36 residential dwelling units. In addition to the housing units, a private recreation area is provided at the northwest corner of the Windward Residential Parcel and may contain a swimming pool, gas grill, an outdoor fireplace, or similar amenities. Adjacent to the community recreation area, at the southeast corner of Bolsa Chica Street and Los Patos Avenue, is the existing landscaped entrance to the Brightwater and Sandover neighborhoods, which will retain its existing use. The residential landscape and architectural design concepts (including project entry, private recreation area, wall and fence design, open space trail, and plant palette) are provided in the Chapter 6, Appendices. Development Standards are set forth in Chapter 3. 1 Preciseacreages are2.50 acres of Residential —Medium and 2.76 acres of Coastal Conservation. Acres are rounded to 2.8 acres throughout the Windward Specific Plan. April 2018 2-1 Los -.. Avenue q_ �u - M t w 3cxs fl s an.rt�'-g� d �F'4k ' •ndover rive- T K �.2 tY'S"^T' .I St I_ S k LEGEND Residential - Medium Coastal Conservation Exhibit 2-1 Windward Specific Plan Land Use Plan City of Huntington Beach N� 0 loot FMay 2017 Windward Residential Development LLBP�TgS _ �y 5 Existing Sandover Developments LM,': Z NZ lEAL9 stiBrighDevelo+ Existing Existing 2-Story � 3-Story Apartments Condominiums U3 loop • .. MCI ,, o--- 4" i �s Windward ~~ - Open Space j r Windward Specific Plan City of Huntington Beach Goodell Property" f9,y' ♦ Y 2, City Owned �. Property o Parkside Property Exhibit 2-2 Illustrative Site Plan 10" NORTH 0 00 ft May 2017 WIN 1)WARD 4. Open Space and Resource Conservation The conceptual plant palette for the Windward Open Space Parcel is comprised primarily of native grassland with some scrub species. These species are listed on Table 4-1, Conceptual Open Space Native Plant Palette. TABLE 4-1 Conceptual Open Space Native Plant Palette Scientific Name Common Name Plants/ac Cylindropuntio prolifera Coastal Cholla 150 Opuntia littoralis Coastal Prickly Pear 200 Scientific Name Common Name Pounds/ac Ambrosia ocanthicarpa Sand -Bur 5.00 Baccharis pilularis Coyote Bush 0.50 eromus carinatus California brome 7.00 Camissoniopsis cheiranthifolia Beach Evening Primrose 0.25 Dichelostemma capitatum Blue Dicks 2.00 Distichlis spicata Salt Grass 1.00 Encelia californica California Encelia 0.75 Eriophyllum confertiflorum Long -Stemmed Golden Yarrow 0.25 Eschscholzia californica California Poppy 0.50 Festuca microstachys Pacific Fescue 5.00 Heliotropium curassavicum Alkali Heliotrope 0.75 lsocoma menziesii Coastal Goldenbush 2.50 Lasthenia californica Coastal Goldfields 0.25 Lupinus bicolor Miniature Lupine 2.00 Phacelia parryi Parry's Phacelia 0.25 Plantago erecta California Plantain 3.00 Pseudognaphalium californica California Everlasting 0.25 Sisyrinchium bellum California Blue -Eyed Grass 1.50 Stipa lepida Foothill Needlegrass 6.00 Stipa pulchro Purple Needlegrass 8.00 Verbena losiostachys Western Verbena 0.50 To facilitate public access to the Windward Open Space Parcel, a decomposed granite pedestrian trail is planned for the Windward Open Space Parcel that would connect to the City Property along the northernmost edge of the Windward Property, turning southerly to ultimately connect to trails that may, in the future, be located on the Goodell Property. The plan is to initially create a trail loop that starts at the southeast corner of Bolsa Chica Street and Los Patos Avenue extending easterly through the City Property and then southerly across the Windward Open Space Parcel and then turning westerly to intersect back at Bolsa Chica Street. The trail will be located at the highest April 2018 _-- 4-2 Windward Specific Plan City of Huntington Beach LEGEND PumcAcmm ftr p. --- TM Fame Bouldr fik" Por PubkAo Exhibit 4-1 Open Space / Passive Park Concept Plan /4 1 1 1 1 y Icl" WINDWAk1? 6. Appendices 6.2 Residential Landscape Design Concept Community design concepts and details for the Windward Community are presented in this Specific Plan in order to establish a comprehensive theme that blends the landscape with the architecture. Residents and visitors will experience the Windward Community as an upscale design with select palm species, canopy trees and plantings that complement the Modern design of the architecture. Careful consideration is also given to providing a landscape plan for the residential area that is compatible with the adjacent environment (see Exhibit 6-2, Residential Landscape Plan). The elements included in this plan include: • Project Entry, • Recreation Area, • Wall and Fence Design, • Open Space Trails, and • Plant Palette. 6.2.1 Project Entry— Bolsa Chica Street The Windward Community primary entrance is located at the southern part of the community along Bolsa Chica Street. The entry design includes project signage, (see Exhibit 6-3, Community Signage), that is framed by a backdrop of evergreen plant materials. There is a secondary point of ingress/egress north of the primary entrance which will offer right in and right out access only. This secondary access will not include project signage. 6.2.2 Recreation Area The recreation area, shown on Exhibit 6-4, Community Recreation Area Plan, is located in the northern portion of the project will benefit from the existing landscape located on the Los Patos/Bolsa Chica corner providing both a sense of privacy and a large-scale, visual evergreen backdrop. Anticipated amenities for the Windward Community residents include a swimming pool with lap -lane, fireplace/gathering area and grilling station. 6.2.3 Wall and Fence Design The Community Wall and Fence Plan, Exhibit 6-5, describes locations and materials that are consistent with the adjacent communities while being unique to the Windward Community. Wall and Fence Elevations are depicted in Exhibit 6-6. Walls and fences, up to a maximum of 6 feet in height, are permitted in front setback areas. Pilasters shall be a maximum of 6 feet 6 inches in height. April 2018 6-3 WINDWARD 6. Appendices 6.2.4 Open Space Trail The Windward Community open space design includes an approximate 0.4-mile loop trail (Windward Loop Trail) which can be accessed from the primary or secondary entry depicted on Exhibit 6-7, Trails Plan and Section. The trail consists of a concrete sidewalk along Bolsa Chica street and a connecting, six foot (6') wide, decomposed granite trail that extends east through the City Property above the northern Windward Property boundary, south through the Windward Open Space Parcel and returns west back to Bolsa Chica Street. The Windward Loop Trail includes directional and interpretive signage as shown on Exhibit 6-8, Public Access Signage Plan, open space trail fencing and an overlook area with bench seating. In addition to the Windward Loop Trail, connections to other local trail systems are available, as shown on Exhibit 4-1, Open Space /and Resource Conservation Concept Plan. 6.2.5 Plant Palette The plant palette for the Windward Community has been separated into two distinct use areas, the Community Plant Palette and the Private Residential Plant Palette. The plant palette, described in Section 6.1, also includes prohibited plant species within the Windward Community. These use areas contain unique plant palettes, which will assure the implementation of the community theme. The plant palettes for the residential area are drawn from the Coastal Commission -approved plant palette for the Brightwater Community. Plant species that are considered invasive are prohibited from use by the homeowners. The plant palette for the open space area of the Windward Community can be found within Table 4-1, Conceptual Open Space Native Plant Palette. April 2018 6-4 LEGEND 10 Existing Landscape 02 Tubular Metal Fence ® Existing Monuments ® Existing Turf Parkway and Street Trees Q5 Community Signage © Private Patio (D Privacy Wall or Fence - Refer to Exhibit 2-6 Windward Specific Plan City of Huntington Beach ® Perimeter Wall 1 Fence - Refer to Exhibit 2-6 09 Common Area HOA Maintained Landscape 10 Private Yard 11 Community Recreation Area - Refer to Enlargement, Exhibit 2-5 Q City Owned Property 13 Decomposed Granite Loop Traii 14 Enhanced Vehicular Paving Exhibit 6-2 Residential Landscape Plan NORTH 0 A l l I to n F)R� Sr'w,'�1 Srl im!"w"Mi LEGEND 0 Existing Landscape (2) Chaise Lounges ® Gated Entry ® Fireplace with Hearth and Seating Area BBQ Station © Picric Tables 07 Pool Equipment Enclosure with Exterior Access Gate Restroom Building with Shower 09 Pool Fence Enclosure 10 Pool with Single (8' x 387) Swim Lane 0 Evergreen Sawn Hedge Exhibit 6-4 Windward Specific Plan Community Recreation Area Plan City of Huntington Beacham 0 30ft May 2017 Windward Specific Plan City of Huntington Beach WALL AND FENCE LEGEND SYMBOL DESCRIPTION ELEVATION • • e Pad. i ter 0"nunity Block Wal - See El"on'A' Freestanding and Retaining Condrboru Edribil2-7 ■■■■■■.■ Side Yard Rebimand SeaElevaBon'O' Pr vaq Wall or Force Exhibit 2-7 V-0' High Tubular Metal Yew renca on Sea E"on'B' Retaining Well Exhibit 2-7 ........ U' High Tubular Metal Mew Fence Sae Elevation'C Edtibit2-7 �j 3'-0'WdeGale SeeEWdon'D' E#tibit 2-7 G-0' High glaaterwith Cap Sea Elevaeon'E' EXhId12 7 ■ 6'Square Tubular Metal Poaton SeeElavdon'B' ReWniikg Well E#klblt27 Nokia: See E#ddt 2-7 for Wall and Fence Elavakne Exhibit 6-5 Wall and Fence Plan /t 1 1 1 Ir IMI� /� PERIMETER COMMUNITY BLOCK WALL acALEma•=i�o• n 1BLLAR METAL i AT4j'O.C.MAX �/11 TUBULAR METAL FENCE aoALsx-,•4r L.i Windward Specific Plan City of Huntington Beach it 6WN1E TUBULAR METAL POBTATiWL 4'Ala'iO.TUBLLAkr METAL TOP AW BOTTOM aIOEYARoWAl1OR2'BOUARETLHnFeNCE COPECRO' O.C. MAX. METAL POST 6 6 h t FINL GRACE aVtAg6TFpl P P.T t8Q.TUmmWTAL ON WALL RETANIXO WALL PCKM AT4t = MAX BTUBULAR STEEL 1AEW FENCE ON RETAINING WALL SCALE e• y_ nv �n, SIDEYARDRETIAtNANDGATE SruEx•.rr V 7B• BOUARE BLOCK PILASTER I ie• SO. TUBULAR METAL PHUMETLR FFENCEFENCERETAINING WALL Yf11VAri'( WALL RET/JNPIG Z 3 •W2 rfrt.L �a'o u°1S �ON PIAX Y�1V PERIMETER PILASTER eouE �•, G P C � ' O11 FQl� BLOCK CAP PILASTER b b T.S.NEIY FENCE Exhibit 6-6 Wall and Fence Elevations I I I it�ttna� swep.odd NM 1wfft0Rftft=3ww Pon BM b1e Snail Sooldaa Decomposed Gne$eTdl ilbuls Mehl Ndlve Gtasaa Fencsdn 1hl ce Fen ReaMnglM1ell 1i (3 MwLHdA T� Wkm*mH FU*wid She Gbaaee {newt, Ropoety} la' atop" — Q � SECTION A -A SCALF =t1I e:a VkwFscmon RatdringYYdl . t.. o IN SMaftd r e F EdIrochmm �. Unt Fenn HeipM Ve6es 19' d' W rla Metmm Meendsing 10 TMI TLal 9a Realdeald re Cal Pmper4' Aperhnent SAa SECTION &8 LAIR -t� Td lima --- Exhibit 6-7 Windward Specific Plan Trails Plan and Section City of Huntington Beach A I I I, In 1 f �l l,�. 4 � �. -rt, ,,,,���iijjy.. ,,e i ■�I�ucluf ri�� �{ '�r. ��tei:ii%ii�i WIND WAN? Table 6-1 6. Appendices Residential Landscape Plant Palette Botanical -COM EE Arbutus unedo Strawberry Tree Archontophoenix cunninghomiana King Palm Brachychiton populneus Bottle Tree Cercis occidentalis Western Redbud Cinnamomum camphora Camphor Tree Citrus species Citrus Cocos plumosa Queen Palm Eriobotrya deflexa Bronze Loquat Erythrina coralloides Coral Tree Feijoa sellowiana Pineapple Guava Ficus florida Florida Fig Ficus nitida 'Green Gem' Indian Laurel Fig —Green Gem Ficus rubiginosa Rustyleaf Fig Ginkgo biloba Maidenhair Tree Lagerstroemia species Crape Myrtle Magnolia grandiflora SPP. Southern Magnolia Melaleuca nesophila Pink Melaleuca Melaleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Phoenix canariensis Canary Island Date Palm Phoenix dactylifera Date Palm Pinus eldarica Eldarica Pine Platanus racemosa California Sycamore Podocarpus gracilior Fern Pine Prunus caroliniona Carolina Laurel Cherry Tristania conferta Brisbane Box Tupidanthus calyptratus Tupidanthus C B Agapanthus africanus Lily -of -the -Nile Agave americans Century Plant Agave attenuate Fox Tail Agave Agave shawii Shaw's Agave Aloe arborescens Tree Aloe Aloe vera Medicinal Aloe Buxus japonica Japanese Boxwood Camellia japonica Camellia Campanula poscharskyana Serbian Bellflower Carexspissa San Diego Sedge Carissa macrocarpa 'Fancy' Natal Plum April 2018 6-12 W[NDW/�rRD 6. Appendices Residential Landscape Plant Palette Botanical Ceanothus gloriosus 'Point Reyes' Point Reyes Ceanothus Ceanothus griseus var. 'Yankee Point' Yankee Point Ceanothus Clivia miniato Kaffir Lily Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Crassula orgentea Jade Plant Cyathea cooperi Australian Tree Fern Dicksonia antarctica Tasmanian Tree Fern Dietes vegeta Fortnight Lily Dodonaea viscose Hopseed Bush Escallonia fradesii' Pink Escallonia Grevillea Woellii' Grevillea Hebe buxifolio Boxleaf Hebe Helictotrichon sempervirens Blue Oat Grass Hemerocallis hybrid 'Mountain Violet' Daylily Hemerocallis hybrids Evergreen Daylily Kniphofia uvaria Red Hot Poker Lantana sellowiana Trailing Lantana Lavandula pedunculato 'Atlas' Spanish Lavender Ligustrum japonicum Japanese Privet Ligustrum japonicum 'Texanum' Waxleaf Privet Miscanthus sinensis 'Yokushima' Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lindheimer's Muhly Grass Muhlenbergia rigens Deer Grass Myoporum 'Pacificum' NCN Myoporum parvilfolium NCN Nephrolepis exaltata Sword Fern Nolina bigelovii Bigelow's bear grass Philodendron selloum Big Leaf Philodendron Phoenix roebelenii Pigmy Date Palm Phormium tenox New Zealand Flax Pittosporum crassifolium 'Nana' Dwarf Karo Pittosporum tobira Mock Orange Podocarpus spp. Fern Pine Rhaphiolepis indica India Hawthorn Rosmarinus officinolis Rosemary Schefflera actinophylla Schefflera Schefflera actinophylla Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum Blue-eyed grass Solonum xantii Purple Nightshade Strelitzia nicolai Giant Bird of Paradise Strelitzia reginae Bird of Paradise April 2018 6-13 WIN DWAP,[ 6. Appendices Residential Landscape Botanical Trachelospermum jasminoides Plant Palette Star Jasmine Viburnum suspensum Sandankwa Viburnum Westringia fruticosa Coast Rosemary Xylosma congestum 'Compacta' Xylosma Xylosma congestum 'Ed Dorado' Dwarf Xylosma Yucca filamentosa 'Voriegata' Variegated Yucca Yucca specie I Yucca C MM�NITI�= OA° al TAINED — INES Bougainvillea spp. Bougainvillea Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood -Red Trumpet Vine Grewia occidentalis Lavender Starflower Pandorea jasminoides Bower Vine Rosa banksiae'Alba Plena' Climbing Rose Trachelospermum jasminoides Star Jasmine " 'MU N�—GRO�UNIYCO111E Armeria martima Common Thrift Baccharis pilularis 'Pigeon Point' Coyote Bush Dymondia margaretae Silver Carpet Festuca ovina glauca Blue Fescue Lantana sellowiana Trailing Lantana Senecio mandraliscae Blue Chalksticks Verbena h�tµyab$r�ida Garden Verbena COIVIMUNIZI("—: Oq IRLT%fl E' "" TUR Marathon 11 'Festuca Arundinacea' Dwarf Tall Fescue April 2018 6-14 W I N D WARD 6. Appendices Residential Landscape Plant Palette Botanical PRIVATE RESIDENTIAL LOTS - TREES Acer macrophyllum Big Leaf Maple Acer negundo var. californicum California Box Elder Acer polmotum Japanese Maple Aesculus californica California Buckeye Arbutus unedo Strawberry Tree Arctostaphylos glauca Bigberry Manzanita Arctostaphylos insularis Island Manzanita Brachychiton populneus Bottle Tree Ceratonia siliqua Carob Cercis occidentalis Western Redbud Cinnamomum camphora Camphor Tree Citrus species Citrus Dicksonia Antarctica Tree Fern Eriobotrya deflexa Bronze Loquat Eriobotrya japonica Loquat Feijoa sellowiana Pineapple Guava Ficus florida Florida Fig Ficus nitida 'Green Gem' Indian Laurel Fig —Green Gem Ficus rubiginosa Rustyleaf Fig Fraxinus dipetala Callfornia Ash Ginkgo biloba Maidenhair Tree Juglans californica California Black Walnut Lagerstroemia indica Crape Myrtle Lagerstroemia species Crape Myrtle Lauris nobilis Grecian Laurel Liriodendron tulipfera Tulip Tree Lyonthamnus floribundus ssp. Asplenifolius Fernleaf Ironwood Macadamia integrifolia Macadamia Nut Magnolia grandiflora Southern Magnolia Maytenus boaria Mayten Tree Melaleuca nesophila Pink Melaleuca Melaleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Pistacia chinesis Chinese Pistache Pittosporum undulatum Victoria Box Platanus racemosa California Sycamore Plumeria rubra Egyptian Starcluster Podocarpus gracilior Fern Pine Prunus caroliniana Carolina Laurel Cherry Ptelea crenulata California Hoptree Rhus integrifolia Lemonade Berry April 2018 6-15 WINDWARD J 6. Appendices Residential Landscape Botanical Rhus lancea Plant Palette African Sumac Rhus laurina Laurel Sumac Sambucus mexicana Mexican Elderberry Tabebuia chrysotricha Golden Trumpet Tree Tabebuia impetiginosa Pink Trumpet Tree Tabebuia ipe Trumpet Tree Tristania conferta Brisbane Box Tristania laurina NCN Tupidanthus calyptratus Tupidanthus PRIVATE RESIDENTIAL LOTS -SHRUBS Abelia grandiflora 'Edward Goucher' Abelia Abutilon 'Moon Chimes' Parlor Maple Achillea millefolium var. californica Western yarrow Agapanthus africanus Lily -of -the -Nile Agave attenuata Foxtail Agave Agave showii Shaw's Agave Agave vilmoriniona Octopus Agave Aloe arborescens Tree Aloe Aloe Vera Medicinal Aloe Alyogyne huegelii Blue Hibiscus Armeria martima Common Thrift Asclepias speciose Showy milkweed Aster chilensis California Aster Baccharis pilularis 'Pigeon Point' Coyote Bush Baccharis pilularis 'Twin Peaks #2' Dwarf Coyote Bush Baccharis pilularis 'Twin Peaks' Coyote Bush Prostrate Baccharis salicifolia Mulefat Begonia 'Richmondensis' Richmond Begonia Bergenia cordifolia Winter Saxifage Bougainvillea'Tahitian Maid' Double Bougainvillea Calystegia macrostegia California Morning Glory Camellia japonica Camellia Campanula portenschlogiana Dalmatian Bellflower Campanula poscharskyona Serbian Bellflower Carexspissa San Diego Sedge Carissa macrocarpa Green Carpet Natal Plum Carisso macrocarpa 'Fancy' Natal Plum Castilleja foliolosa Wooly Indian paintbrush Ceanothus spp. Ceanothus Cerastium tomentosum Snow -in -Summer Cercis occidentalis Western Redbud Chrysanthemum leucanthemum Oxeye Daisy April 2018 6-16 WINDWARD 6. Appendices Residential Landscape Botanical Cistus hybridus Plant Palette White Rockrose Cistus incanus ssp. Corsicus NCN Cistus purpereus Orchid Spot Rockrose Cistus salviifolius Sageleaf Rockrose Cistus x purpereus Orchid Rockrose Clivia miniata Kaffir Lily Comorostophylis diversifolia Summer Holly Conolvulus cneorum Bush Morning Glory Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Coreopsis gigantea Giant coreopsis Coretherogyne filaginifolia California aster Cotoneaster oprneyi NCN Cotoneaster buxifolius NCN Crassula argentea Jade Plant Crassula argentea 'Crosby' Miniature Jade Plant Crossulo ovata Jade Tree Cuphea hyssopifolia False Heather Delosperma cooperi Hardy Ice Plant Dendromecon rigida Bush Poppy Dietes vegeta Fortnight Lily Dodonaea viscose Hopseed Bush Dudleya abromsil spp. murino San Luis Obispo Dudleya Dudleya caespitosa Coast Dudleya Dudleya edulis San Diego Dudleya Dudleya hassei Catalina Island Live Forever Dudleya lanceolata Lanceleaf Liveforever Dudleya pulverulenta Chalk Liveforever Erigeron karvinskianus Santa Barbara Daisy Eriogonum arborescens Santa Cruz Island Buckwheat Eriogonum giganteum St. Catherine's Lace Eriophyllum confertiflorum Golden Yarrow Escallonia fradesii' Pink Escallonia Escallonia species Escallonia Varieties Eschscholzia californica California Poppy Feijoa sellowiana Pineapple Guava Frangula californica California Coffeeberry Fuchsia 'Gartenmeister Bonstedt' Honeysuckle Fucchia Galvezio sped .ose Island snapdragon Gardenia jasminoides Gardenia Garrya elliptico James Reef Silk Tassel Grevillea 'Noellii' Grevillea Grewia occidentalis Starflower April 2018 6-17 WINDWARD 6. Appendices Residential Landscape Botanical Hardenbergia comptoniana Plant Palette Lilac Vine Helictotrichon sempervirens Blue Oat Grass Hemerocallis hybrid 'Mountain Violet' Daylily Heteromeles arbutifolia 'Davis Gold' Toyon Heuchera 'Autumn Leaves' Coral Bells Heuchera 'Purple Palace' Alum Root Heuchera maxima Channel Islands Coral Bells Hibiscus spp. Hibiscus Holodiscus discolor Ocean spray Hypericum colycimum Aaron's Beard Iris douglasiona Douglas Iris Jasminum nudiflorum Winterlasmine Kniphofia uvaria Red Hot Poker Lantana camara cultivars Yellow Sage Lantana camara montevidensis Trailing Lantana Lantana sellowiana Trailing Lantana Lavandula dentata French Lavender Lavandula pedunculata'Atlas' Spanish Lavender Lepechinia fragrans Island Pitcher Sage Leptospermum lae. 'Vigatum' Australian Tea Tree Leucophyllum frutecens Texas Ranger Ligustrum japonicum Japanese Privet Limonium perezii Sea Lavender Liriope "SilverySunproof Monkey Grass Lonicera japonica 'Halliana'Hall's Japanese Honeysuckle Lonicera subspicata Wild Honeysuckle Lonicera subspicata var. den udato Chaparral Honeysuckle Mahonia aquifolium 'Golden Abundance' Golden Abundance Oregon Grape Mahonia nevenii Nevin Mahonia Malacothamnus fasciculatus Chaparral Mallow Miscanthus sinensis 'Yakushima' Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lindheimer's Muhly Grass Myoporum 'Pacificum' NCN Myoporum debile NCN Myoporum parvilfolium NCN Myrtus communis True Myrtle Nephrolepis exaltata Sword Fern Nerium Oleander Oleander Nolina bigelovii Bigelow's bear grass Nolina cismontane Chapparal Nolina Nolina species Mexican Grasstree Opuntia littoralis Prickly Pear April 2018 6-18 W I N D VVAJZ D 6. Appendices Residential Landscape Botanical Opuntia oricola Plant Palette Oracle Cactus Osteospermum fruticosum Trailing African Daisy Pachysandra terminalis Pachysandra Paeonia californica California Peony Penstemon heterophyllus Margarita Bop' Blue Bedder Penstemon heterophyllus var. oustralis Foothill Penstemon Penstemon spectabilis Showy Penstemon Pentas lanceolata Egyptian Starcluster Philadelphus lewisii Lewis' mock orange Philodendron selloum Big Leaf Philodendron Phormium tenax New Zealand Flax Photinia x froseri Fraser's Photinia Pittosporum crassifolium 'Nana' Dwarf Karo Pittosporum tobiro Mock Orange Prunus caroliniana Carolina Cherry Laurel Prunus illcifolia Hollyleaf Cherry Prunus lyonii Catalina Cherry Punica gronatum Pomegranate Pycanthemum colifornicum Mountain Mint Quercus berberdifolia California Scrub Oak Quercus dumosa Coastal Scrub Oak Rhamnus calfornica Coffeeberry Rhaphiolepis indica Indian Hawthorn Rhus integrifolia Lemonade Berry Rhus ovata Sugarbush Ribes aureum var. gracillimum Golden Currant Ribes indecorum White Flowering Currant Romneya coulteri Matilija Poppy Romneya coulteri 'White Cloud' White Cloud Matilija Poppy Rosmarinus officinalis Rosemary Rumohra adiantiformis Leatherleaf Fern Salvia 'Bee's Bliss' Bee's Bliss Sage Salvia alpiana White Sage Salvia clevelandii winifred 'Gilman' Cleveland Sage Salvia greggii Autum Sage Salvia sonomensis Creeping Sage Salvia spathacea Hummingbird Sage Sombucus mexicona Mexican Elderberry Santolina cho. 'Nana' Lavendar Cotton Santolina virensn Green Lavender Cotto Satureja chandleri San Miguel Savory Schefflera actinophylla Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum California Blue-eyed grass April 2018 6-19 WINDWARD 6. Appendices Residential Landscape Botanical Solanum xantii Plant Palette Purple Nightshade Solanum xantiiPurple Nightshade Solidogo velutina ssp. californica California Goldenrod Stochys bullato Hedge Nettle Strelitzia nicolai Giant Bird of Paradise Strelitzia reginae Bird of Paradise Teucrium fruticans and cultivars Bush Germander Tholictrum fendleri var. polycorpum Mountain Meadow Rue Thuja occidentalis 'Globose' White Cedar Trachelospermum asiaticum Ivory Star Jasmine or Asian Jasmine Trachelospermum jasminoides Star Jasmine Tulbaghia violacea Society Garlic Venegasia corpesioides Canyon Sunflower Viburnum suspensum Sandankwa Viburnum Viguiera laciniota San Diego Sunflower Xylosma congestum Shiny Xylosma Xylosma congestum 'Compacto' Xylosma Xylosma congestum 'Ed Dorado' Dwarf Xylosma Yucca baccato Banana Yucca Yucca filomentosa 'Variegate' Variegated Yucca Yucca rigido Blue Yucca Yucca Species Yucca Yucca whipplei Yucca Zouschneria californica 'Catalina Island' California Fuchsia Zephyranthes candida Autumn Zephyrlily PRIVATE RESIDENTIAL LOTS - VINES Bougainvillea spp. Bougainvillea Calliandra haematocephala Pink Powder Puff Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood -Red Trumpet Vine Grewia occidentalis Lavender Starflower Hardenbergia violacea Hardenbergia Macfadyena unguis-cati Cat's Claw Mandevilla splendens Alice du Pont Mascagnia macroptera Golden Vine Pandorea jasminoides Bower Vine Parthenocissus tricuspidata Boston Ivy Rosa banksiae'Alba Plena' Climbing Rose Trachelospermum jasminoides Star Jasmine PRIVATE RESIDENTIAL LOTS - GROUNDCOVER Aptenia cordifolia x Red Apple Strawberry Armeria martima Common Thrift April 2018 6-20 WINDWARD 6. Appendices Residential Landscape Plant Palette Botanical Artemisia caucasica Caucasian Artesmisia Baccharis pilularis Dwarf Coyote Bush Baccharis pilularis 'Pigeon Point' Coyote Bush Baccharis pilularis 'Twin Peaks #2' Dwarf Coyote Bush Baccharis pilularis 'Twin Peaks' Coyote Bush Prostrate Cistus crispus NCN Corea pulchella Australian Fuscia Coresopsis lancelata Coreopsis Crassula lacteal NCN Crassula multicava NCN Crassula tetragona NCN Delosperma 'alba' White Trailing Ice Plant Dimorphotheca aurantiaca African Daisy Drosanthemum floribundum Rosea Ice Plant Drosanthemum hispidum NCN Drosanthemum speciosus Dewflower Dymondia margaretae Silver Carpet Festuca ovina glauca Blue Fescue Fragaria chiloensis Wild Strawberry/Sand Strawberry Gazania 'Copper King' Gazania Gazania 'Moonglow' Gazania Gazania hybrid'Mitsua Yellow' Semi -trailing Yellow Gazania Gazania hybrids South African Daisy Gazania rigens leucolaena Trailing Gazania Hedera canariensis English Ivy Iberis sempervirens Evergreen Candytuft Iberis umbellatum Globe Candytuft Lampranthus filicaulis Redondo Creeper Lampranthus spectabilis Trailing Ice Plant Lamprathus aurantiacus Bush Ice Plant Lantana sellowiana Trailing Lantana Lasthenia californica Dwarf Goldfields Lupinus arizonicus Desert Lupine Lupinus benthamii Spider Lupine Lupinus bicolor Sky Lupine Lupinus sparsiflorus Loosely flowered Annual Lupine/ Coulter's Ophiopogon 'Nigrescens Black' Black Mondo Grass Ophiopogon japonicus Mondo Grass Osteospermum 'Buttermilk' Osteospermum Osteospermum fru. 'African Queen' Trailing African Daisy Osteospermum fru. 'Burgundy' Trailing African Daisy Osteospermum fru. 'Whirligig' Trailing African Daisy Osteospermum fruticosum Freeway Daisy April 2018 6-21 WINDWARD 6. Appendices Residential Landscape Botanical Osteospermum fruticosum 'Hybrid White' Plant Palette Freeway Daisy Pelargonium peltatum Ivy Geranium Pratia pedunculata Star Creeper Sagina subulata Irish Moss Sagina subulata'Aurea' Scotch Moss Santolina cha. 'Nana' Lavendar Cotton Verbena hybrida Garden Verbena Verbena peruviana species Verbena Viola hederacea Australian Violet PRIVATE RESIDENTIAL LOTS - SUCCULENTS Aeonium 'Kiwi' Kiwi Aeonium Echeveria agavoides'Red' Red Edge Echeveria Echeveria elegons Mexican Snowball Echeveria imbricate Hens and Chicks Kolanchoe thyrisiflora Paddle Plant Sedum pochyphyllum Stonecrop Sedum rubrotinctum Pork and Beans Senecio mandraliscoe Blue Chalksticks PRIVATE RESIDENTIAL LOTS - TURF Marathon I! 'Festuca Arundinacea' Dwarf Tall Fescue Turf A-G Sod Farms Inc. - Elite Plus PRIVATE RESIDENTIAL LOTS -PROHIBITED PLANT SPECIES Adenostoma fasciculatum Chamise Adenostoma sparsifolium Red Shanks Aegilops triuncialis Barbed Goatgrass Ageratina adenophora Crofton Weed Ailanthus altissima Tree Of Heaven Alhagi pseudalhogi Camel Thorn Ammophila arenaria European Beachgrass Anthemix cotula Mayweed Arctotheca calendula Capeweed Artemisia colifornica California Sagebrush Arundo donax Giant Reed Atriplex semibaccata Australian Sa ltbush Avena barbata Slender Oat Avena fatua Wild Oat Bassia hyssopifolia Fivehorn Smotherweed Bellardia trixago Mediterranean Lineseed Brachypodium distachyon Purple False Brome Brassica nigra Black Mustard Brassica rapa Wild Turnip, Yellow Mustard, Field Mustard April 2018 6-22 W IN 1) WAP, ' 6. Appendices Residential Landscape Botanical Brassica tournefortii Plant Palette Asian Mustard Bromus diandrus Ripgut Brome Bromus rubens Red Brome Bromus tectorum Cheatgrass Cardaria cholapensis Lenspod Whitetop Cardaria drabs Hoary Cress, Perennial Peppergrass Cardaria draba Whitetop Carduus pycnocephalus Italian Plumeless Thistle Corpobrotus edulis Hottentot Fig Centaurea calcitrapa Purple Starthistle Centaurea masculosa Spotted Knapweed Centaurea melitensis Maltese Star -Thistle Centaurea solstitialis Yellow Star -Thistle Cirsium arvense Canada Thistle Cirsium vulgare Wild Artichoke, Bull Thistle Conicosia pugioniformis Narrow -Leaved Iceplant Conium maculatum Poison Hemlock Conyza canadensis Horseweed Cortaderia jubata Purple Pampas Grass Cortaderia selloana Pampas Grass Cotoneaster lacteus Milkflower Cotoneaster Cotoneaster pannosus Silverleaf Cotoneaster Cratoegus monogyna Oneseed Hawthorn Crupina vulgaris Common Crupina Cynara cardunculus Artichoke Thistle Cytisus scoparius Scotchbroom Cytisus striatus Striated Broom Delairea odorata Capeivy Egeria densa Brazilian Waterweed Ehrharta calycina Perennial Veldtgrass Ehrharta erecta Panic Veldtgrass Eichhornia crassipes Common Water Hyacinth Elaeagnus angustifolia Russian Olive Erechtites glomerate Cutleaf Burnweed Erechtites minima Coastal Burnweed Eriogonum fasciculatum Common Buckwheat Eucalyptus globulus Tasmanian Bluegum Euphorbia esula Leafy Spurge Festuca arundinacea Tall Fescue Ficus carica Edible Fig Foeniculum vulgare Sweet Fennel Genista monspessulana French Broom Halogeton glomeratus Saltlover April 2018 6-23 WINDWARD 6. Appendices Residential Landscape Botanical Hedera helix Plant Palette English Ivy Helichrysum petiolare Strawflower Heterotheca grandiflora Telegraph Plant Holcus lanatus Common Velvetgrass Hydrilla verticillata Hydrilla Hypericum perforatum St. John's Wort Ilex aquifolium English Holly Iris pseudacorus Paleyellow Iris Lactuca serriola Prickly Lettuce Lepidium latifolium Broadleaved Pepperweed Leucanthemum vulgare Oxeye Daisy Lolium perenne Perennial Ryegrass Lupinus arboreus Yellow Bush Lupine Lythrum salicaria Purple Loosestrife Mentha pulegium Pennyroyal Mesembryan them um crystallinum Common Iceplant Myoporum loetum Ngaio Tree Myriophyllum aquaticum Parrot Feather Watermilfoil Myriophyllum spicatum Eurasian Watermilfoil Nicotiana bigelevil Indian Tobacco Nicotiana glouca Tree Tobacco Olea europaea Olive Ononis alopecuroides Foxtail Restharrow Pennisetum setaceum Crimson Fountaingrass Pholaris aquatica Bulbous Canarygrass Potamogeton crispus Curly Pondweed Retama monosperma Bridal Broom Ricinus communis Castor Bean Plant Robinia pseudoacacia Black Locust Rubus discolor Himalayan Blackberry Sacsola austails Russian Thistle/Tumbleweed Salvia mellifera Black Sage Salvinia molesta Giant Salvinia Sapium sebiferum Chinese Tallow Tree Saponaria officinalis Bouncingbet Schinus molle Peruvian Peppertree Schinus terebinthifolius Brazilian Peppertree Schismus arabicus Arabian Schismus Schismus barbatus Common Mediterranean Grass Senecio jacobaea Tansy Ragwort Sesbania punicea Rattlebox Silybum marianum Milk Thistle Sportina alterniflora Smooth Cordgrass April 2018 6-24 WINDWARD 6. Appendices Residential Landscape Botanical Spartina anglica Plant Palette Common Cordgrass Spartina densifloro Denseflower Cordgrass Spartina patens Saltmeadow Cordgrass Spartium junceum Spanish Broom Toeniatherum caput-medusae Medusahead Tamarix chinensis Fivestamen Tamarisk Tamarix gollico French Tamarisk Tamarix parviflora Smallflower Tamarisk Tamarix ramosfsslma Saltcedar Ulex europoeus Common Gorse Urtica urens Burning Nettle Verbascum thapsus Common Mullein Vinca major Bigleaf Periwinkle PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES - ORNAMENTAL Corraderssp Pampas Grass Cupressus sp Cypress Eucalyptus sp Eucalyptus Juniperus sp Juniper Pin us sp Pine PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES - PALMS Brahea armata Mexican Blue Palm Brahea brondegeei San Jose Hesper Palm Brahea edulis Guadalupe Palm Butia capitata Pindo Palm Caryota cummingii Himalayan Fish Tail Palm Caryota urens Himalayan Fish Tail Palm Chamaedorea eerumpens Bamboo Palm Chamaedorea humilis Mediterranean Fan Palm Cycas revoluto Sago Palm Trachycarpus fortunei Windmill Palm Washingtonia filifera California Fan Palm Washingtonia robusta Mexican Fan Palm April 2018 6-25 6. Appendices 6.3 Infrastructure 6.3.1 Circulation Vehicular access to the Windward Community is from two access drives along Bolsa Chica Street (see Exhibit 6-9, Circulation Plan). The southern access is located across from existing Sandover Drive. The northern access is right in/right out only due to the existing median in Bolsa Chica Street. A private street system provides access to each of the housing units. Roadways within the Windward Community shall be a minimum 24-feet in width (see Exhibit 6-10, Street Sections). Vehicular turnarounds are provided at the north and south ends of the private streets. The parkway on the east side of Bolsa Chica Street will be improved with a pedestrian sidewalk which will allow access from Los Patos Avenue to the southern boundary of the Windward Specific Plan Area. 6.3.2 Grading Plan The Grading Plan for the Windward Residential Parcel is illustrated on Exhibit 6- 11, Grading Plan, which shows spot elevations for roads and finish floor elevations. The entire grading operation will be completed in one phase. Exhibit 6-12, Cut and Fill Plan, identifies the proposed Cut and Fill for the grading operations. April 2018 6-26 _j Turn -Around Los Patos Avenue E CO 28' I N CN 0 B 37 Guest o Parking Spaces N CO, A Sandover ro I N Drive o D ------------ cUn `o w Turn -Around LEGEND Residential Circulation & Parking A Section Line (See Figure 2-12 Street Sections) Windward Specific Plan Exhibit 6-9 Circulation Plan City of Huntington Beach NORTH � 0 I I I foRn� 0 t00ft May 2017 MXM FI(r— v Sw PA110 VA.M ' 'ARION 21r TRAVEL WAY I It I — FL It L WiLef Wm SEC71ON A -A -Rm— MU LEVIL UNIC LFM UDEL Mm 3"m ZILL VVa DnM 21 UMU L item [Eva 1w SPACE V� (PLM 1) 4- 24' 4� V& MAY :3 :3 GAMESys GARAGE Ica IX FL 1 e an g" 4' FuLm am EX CURB A PER CARL SM 115 Gunn SECTION D-D in Windward Specific Plan City of Huntington Beach LrM LDEL UMr WACE -4'/6' DEPENDING ON R-AN TYPE 2' t SW 2- PAN% OVERHANG GARAGE mm f�w P-1m, FL 4' WID QM SECTION B43 NIS SECTION-E LFM L.. LIPM UNM UYM L" WOM WM Wn LhM MIMI LM Lma VACE 04A I) wXX " 1) GARAGE 4 4'/6' DEPENDING GARAGE TRAVEL WAY (9) L! GARAGE ON PLAN TYPE :3 91 12 92 L FL In is 4� M CLM 4' MIM QM 4' WW OM MR cAma Sm fig SECTION C-C NIS EXIVING VtVSWE TC IBE LOT PRMECTED UNIM IN ' 'E LINE CONIFM WM PF49CMED NET40YEMENTS V HIGH IAAX PR. TU13U"LAR METALVIARIESI)G M FENCE HOUSE PAD as' TO kv RETAINING WMLJ EX F1 SECTION F-F KM 70 -TRAIL FENCE r. Twrm!l MWMH IMD 7m PM om PACE V 4' ROLLED CURB 4' SHED CURB Nis NIS Exhibit 6-10 Street Sections A I I I I 10RJ\4\ row. 0 Mn .. .11 Windward Specific Plan City of Huntington Beach. Exhibit 6-11 Grading Plan ' N N I TOS I ' E May2017 I— w w U) to Q U_ 2 U Q to J 0 m Source: Stantec Windward Specific Plan City of Huntington Beach hum. 1. SANE ASSUMPTION USED FOR SHRINKAGE AS USED FOR THE BRIGMATER PROJECT EARiHWM ANALYSIS PERFORMED IN SEPTEMBER 2013. 2. BASED ON EXISW TOPO DATED FEBRUARY 2007. 3. PROPOSED SURFACE BASED ON CONCEPTUAL GRADING PLAN DATED JUNE 15. 2016. Exhibit 6-12 Cut and Fill Plan FORkA NORTH NOT TO SCALE May 2017 WINDWA D 6. Appendices 6.3.3 Drainage Plan The Drainage Plan for the Windward Residential Parcel is illustrated on Exhibit 6- 13, Storm Drain, Water, and Wastewater Plan. It shows a proposed storm drain line located within the Windward Residential Parcel private roadway system which will connect to an existing storm drain within Bolsa Chica Street. Two catch basins will be constructed to capture storm runoff within the development and prevent it from discharging into the adjacent open space areas. Once it is collected on -site, the drainage from the Windward Residential Parcel will be conveyed to an existing storm drain in Bolsa Chica Street that is part of the drainage system for the neighboring Brightwater community. The Windward Community will utilize Brightwater's Coastal Commission -approved (CDP 5-05- 20) storm drain system which uses a state of the art filtration system (STORMFILTER) to treat runoff before it is discharged into the Bolsa Chica lowlands. The system uses storm drain pipes to convey runoff to an underground concrete structure where it flows through a number of media filter cartridges that remove pollutants from the water before discharging it. The entire drainage area for the Windward Residential Parcel was included in the design of the Brightwater storm drain system so there is sufficient capacity in the system to accommodate flows from the Windward Residential Parcel. The Best Management Practices (BMPs) included in the Brightwater Water Quality Management Plan were also designed to treat runoff from the Windward Property. An amendment to the Brightwater Water Quality Management Plan (WQMP) to incorporate the Windward Residential Parcel development will be submitted to the City. 6.3.4 Domestic Water Plan The Water Plan for the Windward Community is depicted on Exhibit 6-13, Storm Drain, Water, and Wastewater Plan. It indicates both the backbone water and fire lines and backflow devices that will be constructed as part of the residential development. The proposed Windward Community water system will connect to an existing 8-inch City water main along Bolsa Chica Street. The on -site water pipelines will be installed to provide the flows required for residential development and occupancy. The Windward Community will have one master domestic water meter. The domestic water line will be public up to the master water meter located within the Bolsa Chica Street right-of-way and will be private beyond the water meter. A backflow device will be set back from the property line based on City requirements and screened from view. April 2018 6-31 WINDWARD 6. Appendices A separate fire service will be provided for private fire hydrants as the Huntington Beach Fire Department does not allow fire hydrant connections to private domestic water lines. The fire line will have a separate backflow preventer. The fire line will be public up to the backflow preventer located within the Bolsa Chica Street right-of-way and private beyond. The onsite fire hydrants will be private. The backflow preventer will be set back from the property line based on City requirements and screened from view. The public domestic water and fire water improvements will be constructed to meet City Water Division Standards and Fire Department's codes, standards, and specifications. The landscape area along the east side of Bolsa Chica Street is currently being maintained by the Brightwater Maintenance Corporation as per License Agreement executed with the City by Signal Landmark. The improvements covered by this agreement include landscaping (irrigation systems and plant material) as well as the entry monumentation. If the Acquisition Alternative occurs, Brightwater Maintenance Corporation will continue to maintain the landscape area along the east side of Bolsa Chica. If Alternative 2 occurs (i.e., development of the Windward Residential Parcel), the HOA formed for the Windward Community will be responsible for the maintenance of this landscape area and the License Agreement with the City will be amended accordingly. 6.3.5 Wastewater Plan The Wastewater Plan for the Windward Community is depicted Exhibit 6-13, Storm Drain, Water, and Wastewater Plan. It indicates the backbone sewer lines that will be constructed as part of the residential development. These lines will connect to existing sewer lines within Bolsa Chica Street, which have been sized to service this project. 6.3.6 Utilities and Services It is anticipated that utility services for the Windward Community initially will be provided by Southern California Edison (SCE), Southern California Gas Company (SCG), Verizon (for telephone), and Time -Warner Cable (for television/computer cable modem) or their respective successor company, if ownership of their assets and/or management should resources change hands. Electrical, gas, telephone, and Cable TV facilities are all located in utility easements adjacent to Los Patos Avenue and the Sandover project. Trash service initially will be provided by Republic Services. April 2018 6-32 Los Patos Avenue ro ------ ----- -1 � + I I Proposed Fire Hydrant ! (Private) + Public Wa er Line to Meer + ; Sandover i Drive I U Proposed Fire Hydrant '+ 1 (Private) Public F re Water Li...�.�.�..�.�.�.�.�.�.�.�.�.�.�.� to ROW I I I I I Source: Stantec It LEGEND > Existing Storm Drain Line Existing Water Line k= J Existing Sewer Line Proposed Fire Water Line (Private) Proposed Storm Drain Line Proposed Water Line (Private) Proposed Sewer Line Proposed Fire Water Line (Public) 0 Catch Basin Proposed Water Line (Public) Proposed Sewer Manhole Proposed Fire Water Backflow, Device Proposed Domestic Water Backflow Device Exhibit 6-13 Windward Specific Plan Storm Drain, Water and Wastewater Plan City of Huntington Beach N� 0 I I ,loft F�1 WINDWARD 6. Appendices 6.4 Adopted Mitigation Measures (TO BE PROVIDED UPON ADOPTION BY THE CITY OF HUNTINGTON BEACH) April 2018 6-34 Res. No. 201 7-19 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on May 21, 2018 by the following vote: AYES: O'Connell, Posey, Delgleize, Brenden NOES: Hardy ABSENT: Semeta, Peterson RECUSE: None -Z�62 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #5, RESOLUTION NO.2017-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 16-002 TO AMEND THE LOCAL COASTAL PROGRAM[ LAND USE PLAN AND IMPLEMENTING. 'ORDINANCES TO AMEND ZONE 2 — LAND USE PLAN AND ACCOMPANYING TEXT OF THE CITY'S COASTAL ELEMENT FOR THE REAL PROPERTY GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF BOLSA CHICA STREET AND LOS PATOS AVENUE AND TO REFLECT ZONING TEXT AMENDMENT NO. 16-004 AND ZONING MAP AMENDMENT NO. 16-003 AND REQUESTING CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, after notice duly given pursuant to Government Code Section 65090 and Public Resources Code Section 30503 and 30510, the Planning Commission of the City of Huntington Beach held public hearings to consider the adoption of the Huntington Beach Local Coastal Program Amendment No. 16-002; and Such amendment was recommended to the City Council for adoption; and The City Council, after giving notice as prescribed by law, held at least one public hearing on the proposed Huntington Beach Local Coastal Program Amendment.. No. 16-002, and the City Council finds that the proposed amendment is consistent with the Huntington Beach General Plan, the Cer ified Huntington Beach Local Coastal Program (including the Land Use Plan), and Chapter 6 of the California Coastal Act; and The City Council of the City of Huntington Beach intends to implement the Local Coastal Program in a manner fully consisterii w'th the California Coastal A -A, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1: That the real property that is the subject of this Resolution is generally located southeast of the intersection of Bo'.sa Chica Street and Los Patos Avenue and consists of approximately 2.5 acres within the City of Huntington Beach (Exhibit A). SECTION 2: That the Local Coastal Program (Coastal Element) for the Subject Property is hereby changed -to reflect a change in the land use designation for the subject property from Open Space — Parks (OS—P) to Resider.tiai Medium Density —15 dwelling units per acre (RM-15) 18-6417/178215/MV RESOLUTION NO.2017-18 for the eastern half of the subject site (Exhibit B) and to reflect text and figure amendments, including designating the area as Sub -Area 4M (Exhibit Q. SECTION 3: That the Huntington Beach Local Coastal Program Amendment No. 16-002 also consists of Zoning Text Amendment No. 16-004 and Zoning Map Amendment No. 16-003, a copy of which is attached hereto as Exhibits D & E, and incorporated by this reference as though fully set forth herein. SECTION 4: That the California Coastal Commission is hereby requested to consider, approve and certify Huntington Beach Local Coastal Program Amendment No. 16-002. SECTION 5: That pursuant to Section 13551(b) of the Coastal Commission Regulations, Huntington Beach Local Coastal Program Amendment No. 16-002 will take effect automatically upon Coastal Commission approval, as provided in Public Resources Code Sections 30512, 30513 and 30519. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting hereof held on the 21st day of May 2018. �fa Mayor ATTEST: City Clerk REVIE D AND APPROVED: City Manager ATTACHMENTS: INITIATED AND APPROVED: Direc r of &Q)-nmunity Development Exhibit A: Location Map Exhibit B: Amended Land Use Plan (Extract of Figure C-6 of the Coastal Element) Exhibit C: Amended Local Coastal Program Text and Figures (in addition to Exhibit B) Exhibit D: Zoning Text Amendment No. 16-004 Exhibit E: Zoning Map Amendment No. 16-003 18-6417/178215/MV 2 Exhibit A - Location Map -- - ----- U-1 --- T, T! 'A -- - ------- U) U th-dton- --- ---- r-bodr Warner A*e. I Project ISRe 5 cre acrp ............. =\ - LLLL . . . . ........ ............ 4= IB r-jg htwate.t/-,,-/. Develop&e6l- 7 ,0 0 1 .0 'N CCounty of Orange 0 ,N 0 1 N Exhibit B Amended Land Use Plan (Extract of Figure C-6 of Coastal Element) R L_7✓ R ential Low Density . V� R L-7 Suburban Residential County of Orange Recently Ai nexed Area Land Use Not Certified Legend RL-7: Residential Low Density — 7 du/acre RM-15: Residential Medium Density — 15 du/acre RMH -25: Residential Medium High Density — 25 du/acre OS-P: Open Space — Parks OS-C: Open Space — Conservation "' Coastal Zone Boundary RL A i Exhibit C Amended Local Coastal Program Text and Figures (in addition to Exhibit B) CA C� U U Ct �- L wi Los Patos Ave. Brightwater Dr. WINDWARD LAND USE PLAN CITY OF HUNTINGTON BEACH COASTAL ELEMENT LEGEND RESIDENTIAL RM-15 Residential Medium Density OPEN SPACE ® OS-P Open Space -Parks w 13P wC-6b COASTAL ELEMENT COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued) Subarea Characteristic Standards and Principles 4K Design and 5) within the southern grove ESHA buffer only — a water quality Natural Development Treatment System may be allowed so long as it is located in an area that is most protective of coastal resources and at least 246 feet from the ESHA. 6) In addition to the required ESHA buffer described above, grading shall be prohibited within 500 feet of an occupied raptor nest during the breeding season (considered to be from February 15 through August 31); C. Habitat Management Plan shall be prepared for all areas designated Open Space -Conservation which shall include restoration and enhancement of delineated wetlands, wetland and habitat mitigation, and establishment of appropriate buffers from development. D. Protective Fencing: Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas. 4L Permitted Uses Category: Residential High Density ("RH"), Commercial Visitor ("CV"), Shoreline ("OS-S"), Water Recreation ("OS-WR") and Public ("P") uses Sunset Beach ursuant to the Sunset Beach Specific Plan SP 17 Deng /ln tensity Pursuant to the Sunset Beach Specific Plan SP 1 Design and Category: Specific Plan ("-sp") and Mixed Use ("-mu") Development • Requires the conformance with a specific or master plan. • Mixed Use Overlay for the CV area for the allowance of residential uses pursuant to the Specific Plan 4M Permitted Uses Category: Residential (RM) and Open Space — Park (OS-P) and Open Space — Conservation uses pursuant to the Windward Specific Plan (SP Windward 1 (continue on Density/Intensity 15 du/acre maximum next page) Design and The property is subject to the Windward Specific Plan and consists of approximately five acres located southeast of the intersection of Bolsa Development Chica and Los Patos. Figure C-6b identifies a portion of the Windward Property as the "Windward Residential Parcel' and the remainder as the "Windward Open Space Parcel." The Windward Property is adjacent to a parcel of land located within the County of Orange and not subject to regulation by the City which is commonly known as the "Goodell Property." The purpose of the Windward Specific Plan is to provide a comprehensive planning program to direct the development of the residential and, through preservation, open space areas within the Windward Property. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-3 COASTAL ELEMENT COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued) Subarea Characteristic Standards and Principles 4M Design and Development The Specific Plan provides contingencies that, even after the LCPA for the Windward Property has (i) been certified, (ii) become effective, and (iii) become final, the LCPA's residential land use designation for the Windward Residential Parcel shall not become operative unless and until both the Windward Open Space Parcel and the Goodell Parcel have been deed restricted to open space and resource conservation uses and either conveyed or offered for conveyance to a public agency or a non-profit organization aeeeotable to 4hp niroc-ter (-; the Coastal Convntisgioft approved by the City. The prerequisites, terms, and conditions relevant to these actions are set forth in the Specific Plan and Development Agreement. In the event the Windward Specific Plan does not become operative as described in that document, the uses permitted in subsection 4-L shall be limited to Open S ace -Parks and/or Open Space -Conservation uses. 8 Commercial Nodes Area wide Functional Role Maintain and establish commercial centers to serve surrounding residential neighborhoods and the greater community. 8A Community Commercial Permitted Uses Category: Commercial General ("CG") • Commercial uses permitted by the "CG" land use category. Density/Intensity Category: "-F1" • Height: two (2) stories Design and Development Design to achieve a high level of quality in conformance with Policy LU 10.1.4. and Policy LU 10.1.12 8B Neighbor- hood Commercial Permitted Uses Category: Commercial Neighborhood ("CN") Commercial uses permitted by the "CN" land use category. Density/Intensity Category: "-F1" • Height: two (2) stories Design and Development Design to achieve a high level of quality in conformance with Policy LU 10.1. 10 SUPPLEMENTAL THE CITY OF HUNTINGTON BEACH GENERAL PLAN COMMUMCATION Iv-C-4 MeefjnCj Date: 5,, �� Lll� Ager►da Item No.: C� a R IYGI lumchwU'Awd L trMIU1111-31ty'l01w 003s6al ON solm CiWcUmoftac ulwwwmvn RefOwml HUNTINGTON BEACH SUBAREA MAP C-1 0 �6 ;Ftl -f i '%71h1?G11 CEAW Oi'tjU tLEMENT, Exhibit D Zoning Text Amendment No. 16-004 SP 16 WINDWARD SPECIFIC PLAN City of Huntington Beach Adopted by City Council on (CC Resolution #__) Certified by California Coastal Commission on SUBMITTED To: CITY OF HUNTINGTON BEACH Planning Department 2000 Main Street Huntington Beach, CA 92648 PREPARED BY: FORMA Coastal Planning and Documentation 3050 Pullman Street • Costa Mesa, CA 92626 April 2018 WINDWARD — Table of Contents 1 INTRODUCTION 1.1 Location and Existing Conditions................................................................................ 1-1 1.2 Project Area Background............................................................................................ 1-1 1.3 Summary of Land Use Plan and Zoning Designations ................................................. 1-7 1.4 Authority and Scope for Specific Plan....................................................................... 1-10 1.5 Purpose and Intent.................................................................................................... 1-10 1.6 Objectives of the Windward Specific Plan................................................................ 1-11 1.7 General Plan Consistency.......................................................................................... 1-11 2 DEVELOPMENT PLAN 2.1 Land Use Plan.............................................................................................................. 2-1 2.2 Residential Development............................................................................................ 2-1 3 DEVELOPMENT STANDARDS 3.1 Purpose and Intent...................................................................................................... 3-1 3.2 Applicability.................................................................................................................3-1 3.3 Windward Residential Parcel Development Standards .............................................. 3-1 3.4 General Regulations: Windward Residential Parcel .................................................. 3-5 3.5 Windward Open Space Development Standards....................................................... 3-7 3.6 City Property Open Space Improvements................................................................... 3-8 3.7 Compliance with Mitigation Measures....................................................................... 3-9 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4.1 Windward Open Space and Resource Conservation Uses .......................................... 4-1 4.2 Open Space and Resource Conservation Concept Plan for the Windward Open Space Parcel and the City Property................................................................... 4-3 5 ADMINISTRATION AND IMPLEMENTATION 5.1 Summary..................................................................................................................... 5-1 5.2 Key Definitions............................................................................................................ 5-1 5.3 Required Approvals..................................................................................................... 5-2 5.4 Conditions Precedent to Required Approvals Becoming "Operative" ....................... 5-3 5.5 Development Agreement No. 16-001......................................................................... 5-5 5.6 Enforcement of the Specific Plan/LCPA...................................................................... 5-5 5.7 Methods and Procedures............................................................................................ 5-5 5.8 Maintenance Mechanisms.......................................................................................... 5-6 6 APPENDICES 6.1 Architectural Character............................................................................................... 6-1 6.2 Residential Landscape Design Concept....................................................................... 6-3 6.3 Infrastructure............................................................................................................ 6-26 6.4 Adopted Mitigation Measures.................................................................................. 6-34 April 2018 Table of Contents - Page 1 WINDWARD List of Exhibits 1 INTRODUCTION 1-1 Vicinity Map..................................................................................................................... 1-2 1-2 Aerial Photograph............................................................................................................ 1-3 1-3 Existing and Proposed Land Use Plan Designations........................................................ 1-8 1-4 Existing and Proposed Zoning Map Designations............................................................ 1-9 2 DEVELOPMENT PLAN 2-1 Land Use Plan................................................................................................................... 2-2 2-2 Illustrative Site Plan......................................................................................................... 2-3 3 DEVELOPMENT STANDARDS 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4-1 Open Space and Resource Conservation Plan................................................................. 4-6 5 ADMINISTRATION AND IMPLEMENTATION 6 APPENDICES 6-1 Architectural Style............................................................................................................ 6-2 6-2 Residential Landscape Plan.............................................................................................. 6-5 6-3 Community Signage......................................................................................................... 6-6 6-4 Community Recreation Area Plan.................................................................................... 6-7 6-5 Wall and Fence Plan......................................................................................................... 6-8 6-6 Wall and Fence Elevations............................................................................................... 6-9 6-7 Trails Plan and Section................................................................................................... 6-10 6-8 Public Access Signage Plan............................................................................................. 6-11 6-9 Circulation Plan.............................................................................................................. 6-27 6-10 Street Sections............................................................................................................... 6-28 6-11 Grading Plan................................................................................................................... 6-29 6-12 Cut and Fill Plan.............................................................................................................. 6-30 6-13 Storm Drain, Water, and Wastewater Plan................................................................... 6-33 List of Tables 2 DEVELOPMENT PLAN 2-1 Land Use Summary Table........................................................................................... 2-1 4 OPEN SPACE/PASSIVE PARK PLAN 4-1 Conceptual Open Space Native Plant Palette............................................................ 4-2 6 APPENDICES 6-1 Residential Landscape Plant Palette........................................................................ 6-12 April 2018 Table of Contents - Page 2 WINDWARD ;. 1. Introduction 1 INTRODUCTION 1.1 Location and Existing Conditions The Windward Specific Plan area (Specific Plan Area) is located at the southeast corner of Bolsa Chica Street and Los Patos Avenue in the City of Huntington Beach (City) on what is commonly referred to as the Bolsa Chica Mesa (Exhibit 1-1, Vicinity Map). The Specific Plan Area encompasses approximately 5.3 acres of undeveloped land, of which, at the time of adoption of the Windward Specific Plan, approximately five acres (Windward Property) are privately owned by Signal Landmark (Signal) and 0.3-acres are owned by the City (City Property). The Specific Plan Area is square in shape, with the western half relatively flat (elevation 47 to 51 feet), while the center portion of the eastern half gently slopes down to the east to an elevation of approximately 36 feet. Historically, the Specific Plan Area was used almost exclusively for agricultural purposes, but from 2006 to 2011 the southwest corner of the Specific Plan Area was used as a storage and staging area for construction of the neighboring Brightwater Community. The Specific Plan Area is covered by non-native vegetation (Exhibit 1-2, Aerial Photograph). The Windward Property is currently fenced and has not been used since 2011 when the construction trailers and all but one of the storage containers were removed. The City Property is currently used as an informal trail by the public to access the Parkside property to the east of the Specific Plan Area. Directly west of the site across Bolsa Chica Street is the Sandover neighborhood which is comprised of single family detached homes on 6,000 square foot lots. On the north are apartment and condominium complexes. To the east lies an open space/conservation area that is part of the Parkside project. On the south is an undeveloped 6.2-acre property located in unincorporated Orange County and owned by the Goodell Family Trust (Goodell Property). 1.2 Project Area Background 1.2.1 Zoning History The Windward Property has been owned by Signal or its predecessor company, Signal Oil, since the 1920s and is the last remnant of Signal's once vast landholdings at Bolsa Chica. Originally in an unincorporated area of Orange County, the Windward Property was annexed into the City in 1970 as part of a ten -acre parcel that now contains the Sandover neighborhood. 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Nevb-y Cr Glento. yr� N e J �In Ch— r awk�l ban¢ °aFO ReaerW 0 ,q �O se' a1 ' Sources: Esri, HERE, Del-orme, USGS, Intermap, increment P Corp.; '1'' NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand)„ Mapmylndia, © OpenStreetMap contributors, and the GIS User Community Windward Specific Plan Exhibit 1-1 Vicinity Map City of Huntington Beach NI I F 0 2.000 ft May 2017 111w- - �, -t- 41 •i � A ., d mor-% 11 'im _T' -- — p .— - A - - ",- - its V� ok 7., ALIVE iF,,r-4vpnW'- N, 'WIr WINDWARD w M ;s 'I SPECIFIC PLAN Y j . j�a J4, ley AWL, A7, Y. WINDWARD 1. Introduction After the Coastal Act was enacted in 1976, the City submitted a proposed Land Use Plan to the Coastal Commission for certification. At the time, a large scale development that included approximately 5,700 homes and a marina was being considered by the County for the unincorporated area at Bolsa Chica. In anticipation of the intense development, the City re -designated an area east of the terminus of Bolsa Chica Street that included the Windward Property to Open Space Recreation (subsequently changed to Open Space -Park) on the City's Land Use Plan, which was certified by the Coastal Commission in 1982. In 1984, the City re -zoned the property to Residential Agricultural (RA) to reflect the agricultural uses that adjoined this site at the time and determined that the RA zoning was consistent with the Open Space -Park land use designation. The massive housing and marina development once proposed for Bolsa Chica never occurred. Instead, much of the Bolsa Chica property was set aside as open space, including a large restored wetland area in the lowland, and a mix of open space and residential uses on the Bolsa Chica Mesa. In 1999, the City approved the development of sixteen homes on the five -acre site at the southwest corner of Los Patos and Bolsa Chica Street, known as the "Sandover" project. At that time, Signal dedicated to the City the City Property, a 13,350 square foot strip of land at the southeast corner Bolsa Chica Street and Los Patos Avenue, for open space -park uses. The City Property is currently undeveloped and used informally by the public to access the Parkside property. In 2005, the County and the Coastal Commission approved a 349 single family home development on 68 acres of the Bolsa Chica Mesa known as Brightwater, adjacent to Sandover. 1.2.2 The Ridge Project In 2008, Signal proposed a General Plan Amendment (GPA), Zone Change (ZC) and Local Coastal Program Amendment (LCPA) to permit the construction of 22 single family homes on the Windward Property and a trail on the City Property. The project, then known as The Ridge, was approved by the City in 2010. In approving the entitlements for the project, the City indicated that the change in land use from Open Space/Park to Low Density Residential was appropriate because it had no plans to acquire the Windward Property for public recreation purposes. The Ridge project entitlements included a General Plan Amendment, Local Coastal Program Amendment, a zone change from RA to Low Density Residential, and a subdivision map. To comply with CEQA, the City adopted a Mitigated Negative Declaration (MND). Because the Windward Property lies within the Coastal Zone, the California Coastal Commission (CCC) must approve any amendments to the City's Local Coastal Program (LCP). Therefore, the City submitted the LCP Amendment to the Coastal Commission for approval. April 2018 1-4 WINDWARD 1. Introduction In August 2010, the Bolsa Chica Land Trust filed litigation challenging the City's approval of the MND, claiming that the City should have prepared an Environmental Impact Report (EIR), rather than approving a MND. The CEQA litigation was stayed pending the outcome of the Coastal Commission's decision on the project. In June 2014, the City withdrew the LCP Amendment from consideration by the CCC. In an effort to resolve the pending CEQA litigation, Signal, the City, and the Bolsa Chica Land Trust agreed to enter into facilitated settlement discussions. In April 2016, after nearly fifteen months of discussions, the three parties successfully negotiated a settlement agreement. In addition to resolving the litigation, the Settlement would bring closure to the decades -long controversy regarding development of Bolsa Chica by providing a viable path to resolving the land use of the last undeveloped, privately -owned land at Bolsa Chica. In addition to the Windward Property, the Settlement also addresses the potential deed restriction of the Goodell Property to open space and resource conservation uses. At the time of approval of the Windward Specific Plan, Signal holds an option to acquire the Goodell Property (Goodell Option). The Goodell Property is currently an unincorporated island and is zoned for medium low density residential (6.5 — 12.5 du/ac) by the County. In 2009, in anticipation of annexing the Goodell Property, the City pre -zoned 3.2 acres of the Goodell Property adjacent to Bolsa Chica Street for low density residential, 2.0 acres as Open -Space Park, and one acre as Coastal Conservation. These designations were not certified by the California Coastal Commission. The Goodell Property is not part of the Windward Specific Plan Area because it is in the County and not subject to the City's jurisdiction. The Windward Specific Plan is not intended to and does not regulate the use of the Goodell Property. Nonetheless, as an integral part of the Settlement, the Goodell Property is shown, for reference purposes only, within the Windward Specific Plan to illustrate how the approximately 2.5-acre easterly portion of the Windward Property (Windward Open Space Parcel) and the Goodell Property could function together as part of an 8.7-acre open space and resource conservation area under one of the two alternatives, but parallel, approaches to the future use of the Windward Property contemplated by the Settlement. Any conveyance of and use restrictions imposed on the Goodell Property as described in the Windward Specific Plan are voluntary on the part of the owner of the Windward Property (Windward Owner) and not the result of regulations imposed on the Goodell Property by either the City or, if the Windward Specific Plan is incorporated into the City's certified Local Coastal Program, the Coastal Commission. April 2018 1-5 WINDWARD 1. Introduction 1.2.3 The Settlement's Two Alternative Approach Acquisition Alternative —The Settlement provides an opportunity to preserve both the Windward Property and the Goodell Property for open space and conservation uses (Acquisition Alternative). Pursuant to the Settlement, Signal independently entered into an option agreement with the Trust for Public Land (TPL) for the purchase by TPL of the Windward and Goodell Properties (TPL Option). Founded in 1972, TPL is a nationwide non-profit organization that acquires land from private owners and conveys it into public or non- governmental organization ownership for conservation or public park purposes. Since its inception, TPL has protected 3.3 million acres of land in over 5,400 separate acquisitions. The TPL Option grants TPL an eighteen -month period in which to raise funds to purchase both the Windward and Goodell Properties. The TPL Option will expire in October 2017. The purchase price has been determined by an independent third party appraisal. Signal is cooperating with TPL in pursuit of the Acquisition Alternative. Development Alternative — Because it is unknown whether or not the Acquisition Alternative will be successful, the Settlement allows Signal to pursue — concurrently with TPL's pursuit of acquisition funds — entitlements for residential development on the approximately 2.5-acre westerly portion of the Windward Property adjacent to Bolsa Chica Street (Windward Residential Parcel), with the Windward Open Space Parcel and the Goodell Property being restricted and conveyed for open space and resource conservation uses only (Development Alternative). Consistent with the Settlement, the Windward Specific Plan will designate the Windward Residential Parcel for medium density residential use, with the implementation of that use subject to the implementation measures set forth in Chapter 5 of the Windward Specific Plan (Implementation Measures). The Windward Open Space Parcel (i.e., the remaining easterly 2.5 acres of the Windward Property) will retain the current Open Space/Park land use designation. Taken together, the Implementation Measures shall ensure that before grading permits may be issued for the Windward Residential Parcel, the following actions must occur: • Deed restrictions limiting the Windward Open Space Parcel and the Goodell Property to open space and resource conservation uses must be executed and recorded. • An offer to dedicate the Windward Open Space Parcel to a public agency or a conveyance of the Windward Open Space Parcel to a qualified nonprofit such as the Bolsa Chica Land Trust (BCLT) or another accredited land trust must be April 2018 1-6 WINDWARD _— 1. Introduction executed and recorded. The offer or conveyance must restrict the Windward Open Space Parcel to open space and resource conservation uses. An offer to dedicate the Goodell Property to a public agency or a conveyance of the Goodell Property to a qualified nonprofit such as the BCLT or another accredited land trust must be executed and recorded. The offer or conveyance must restrict the Goodell Property to open space and resource conservation uses. Since the Goodell Property is not in the City and is not subject to regulation by the City, the Goodell Property itself is not subject to the Windward Specific Plan and its Implementation Measures. Therefore, any conveyance and/or restriction of the Goodell Property must be voluntarily accomplished by the developer of the Windward Residential Parcel. Chapter 5 further addresses these actions. 1.3 Summary of Land Use Plan and Zoning Designations The current land use designation for the Windward Property in the City's Local Coastal Program, as well as the General Plan, is Open Space - Park (OS-P). The current zoning designation for the Windward Property, as well as the City Property, is Residential Agriculture (RA) with a Coastal Zone overlay (Exhibit 1-3, Existing and Proposed Land Use Plan Designations and Exhibit 1-4, Existing and Proposed Zoning Map Designations). The RA zoning allows agricultural uses, single family dwellings, nurseries and temporary uses such as storage yards. As shown on Exhibit 1-3, the Windward Specific Plan would change the land use designation for the Windward Residential Parcel in the LCP and General Plan to Residential Medium Density. The Windward Open Space Parcel and the City Parcel would retain the current OS-P land use designation. As shown on Exhibit 1-4, the zoning for the entire Specific Plan Area will be SP (Specific Plan) with the Windward Residential Parcel designated as RM (Residential — Medium) in the Windward Specific Plan and the Windward Open Space Parcel and the City Parcel designated as Coastal Conservation (CC) (see Exhibit 2-1, Land Use Plan). April 2018 1-7 Los Patos Avenue Sandov r Drive LEGEND _ Open Space - Park (OS-P) �z=j Los Patos Avenue R 2.5 AC. Sandov r_ Drive N �St U LEGEND Residential Medium Density (RM) Open Space - Park (OS-P) Exhibit 1-3 Existing and Proposed Windward Specific Plan Land Use Designations City of Huntington Beach NI I I ,I, tatnti� Los Patos Avenue Sandov r- Drive h k U a LEGEND Residential Agriculture with Coastal Zone Overlay Windward Specific Plan City of Huntington Beach Los Patos Avenue r-� I I � I � I I I I j I j SP 16 j j (Coastal Zone Overlay) j I � I � I I I Sandov rL Dnve I I � to � I � I I m ...................... ......... k U �o m LEGEND Specific Plan (SP 16) with Coastal Zone Overlay Exhibit 1-4 .Existing and Proposed Zoning Map Designations A I I I I tcMt\ NORTH a i0o1 nna rani) WINDWARD '.._:. I . Introduction 1.4 Authority and Scope for Windward Specific Plan The authority to prepare, adopt, and implement specific plans is granted to the City by the California Government Code (Title 7, Division 1 Chapter 3, Article 8, Sections 65450 through 65457). Specific plans are generally designed to: Provide greater level of detail than a traditional zoning ordinance and to serve as a tool to tailor development policies and regulations to a particular site; 2. Provide more specific site development standards to create appropriate land use designations and design criteria that addresses project -specific issues; and 3. Provide decision makers with the opportunity to comprehensively review a land use plan in its entirety at the outset in order to consider land use compatibility, circulation, infrastructure and other issues related to development of a site. The Windward Specific Plan will be used by the City to implement the City's Local Coastal Program and General Plan for the Windward Property. The Windward Specific Plan contains all the applicable land use regulations and thus constitutes the zoning ordinance for the Windward Property. The development standards contained in the Windward Specific Plan will take precedence over all provisions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), unless otherwise noted. 1.5 Purpose and Intent The Windward Specific Plan provides the City with a comprehensive planning program to direct the development of the residential and open space areas contained within the Windward Property. The Windward Specific Plan provides a description of the land use, public facilities, circulation, infrastructure, development standards, and implementation measures to ensure the Windward Property is developed in a manner consistent with the City's vision for the site. It also allows the City to consider a comprehensive planning approach for the open space and conservation uses available in the future in conjunction with the City Property and the neighboring Goodell Property. The regulations contained in the Windward Specific Plan will ensure that development of the Windward Property is designed in concert with the surrounding open space assets. Because the Windward Property lies within the Coastal Zone, special consideration is given to fulfilling the objectives of the California Coastal Act as expressed in policies promulgated in the City's Local Coastal Program. In the case of the Windward Property, public access and resource protection — including both biological and cultural resources — are the two most relevant Coastal Act issues to be addressed. The Windward Specific Plan, along with a corresponding General Plan Amendment, will become effective upon certification by the Coastal Commission as an amendment to the City's Local Coastal Program (LCPA). April 2018 1-10 WINDWARD 1. Introduction 1.6 Objectives of the Windward Specific Plan • Provide a comprehensive land use plan that designates the location and intensity of land uses along with roadway circulation and public facilities. • Implement the Ridge Litigation Settlement. • Ensure compatibility with surrounding land uses. • Provide housing opportunities in a location where housing is in high demand. • Provide access to Coastal property that is currently inaccessible to the public by dedicating a portion of the site to a government agency or qualified non-profit organization, and creating trails that allow the public to enjoy the open space and resource conservation areas. • Design a residential community that promotes resource protection and maximizes open space by clustering development close to existing development. • Provide a mechanism whereby the Windward Specific Plan facilitates a comprehensive examination of the surrounding properties and consideration of future open space connections and passive public open space and resource conservation opportunities. • Establish development standards that prevent degradation of coastal resources and provide designs for open space that improve the current ecological value of the property. 1.7 General Plan Consistency The Windward Specific Plan will implement the following goals of the Huntington Beach General Plan: • LU4: Achieve and maintain high quality architecture, landscape and open spaces in the City; • LUB: Achieve a pattern of land uses that preserves, enhances and establishes a distinct identity for the City's neighborhoods, corridors and centers; • LU9: Achieve the development of a range of housing units that provides for the diverse economic, physical and social needs of existing and future residents of Huntington Beach; and • ERC1: Improve and enhance the overall aesthetic value and appearance of the City of Huntington Beach through the provision and maintenance of local public and private open space. • Cl: Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs. April 2018 1-11 1. Introduction C2: Provide coastal resource access opportunities for the public where feasible and in accordance with the California Coastal Act requirements. C4: Preserve and, where feasible, enhance and restore the aesthetic resources of the City's coastal zone, including natural areas, beaches, harbors, bluffs and significant public views. April 2018 1-12 WINDWARD 2 DEVELOPMENT PLAN 2.1 Land Use Plan ORJ 2. Development Plan The Windward Land Use Plan is illustrated on Exhibit 2-1, Land Use Plan, and contains approximately 5.3 acres. The Windward Property is composed of the Windward Residential Parcel and the Windward Open Space Parcel. The Windward Property overlooks some of the lowland areas of Bolsa Chica owned by the State of California to the south and the Parkside project open space area to the east. The site is across Bolsa Chica Streetfrom the existing Sandover neighborhood atthe intersection of Los Patos and Bolsa Chica Street and adjacentto apartments on the north. The Windward Residential Parcel allows for 36 residential dwelling units clustered adjacent to existing residential development (see Exhibit 2-2, Illustrative Site Plan). The non-residential land uses designated for the Windward Open Space Parcel are intended primarily for passive open space and resource conservation uses which are described in Chapter 4, Open Space and Resource Conservation. Table 2-1 Land Use Summary Table Land Use Acresi Housing Units Density Residential - Medium 2.5 36 14.4 du/ac Coastal Conservation 2.8 Not Applicable Not Applicable Residential Development As identified in Table 2-1, the Windward Specific Plan contains a Residential — Medium land use category providing for a maximum of 36 residential dwelling units. In addition to the housing units, a private recreation area is provided at the northwest corner of the Windward Residential Parcel and may contain a swimming pool, gas grill, an outdoor fireplace, or similar amenities. Adjacent to the community recreation area, at the southeast corner of Bolsa Chica Street and Los Patos Avenue, is the existing landscaped entrance to the Brightwater and Sandover neighborhoods, which will retain its existing use. The residential landscape and architectural design concepts (including project entry, private recreation area, wall and fence design, open space trail, and plant palette) are provided in the Chapter 6, Appendices. Development Standards are set forth in Chapter 3. 1 Precise acreages are2.50 acres of Residential —Medium and 2.76 acres of Coastal Conservation. Acres are rounded to 2.8 a cresthroughoutthe Windward Spec ificPIan. Apri12018 2-1 oil Los P.. Avenue FI E"'."n't#i F i ,�'� y } �•�'4 �' art `�*i'}.� � !`g"V� � �����'g�ww((-: #+�� Y r f 1 P tt r �v'Nj, e DriveSandover LEGEND Residential - Medium Coastal Conservation Exhibit 2-1 Windward Specific Plan Land Use Plan City of Huntington Beach NOffrH 0 100rt May 2017 Existing Existing 2-Story � 3-Story Apartments Condominiums .fg]nil,- ! 11 •� 7 014 . r #� � Y S Existing I" Development own, 'SWR t 7� ♦ Ste,' - J �j'Y�1�"¢ y �x 01 VA x„ r. ! 111: 11' 1 J i 1 1- 1' to x •yn '� � • � •1 - �'. �: { y� _ � a-�+.. �-y � � t7 s�,'�»'. �.. +ter•!.. b r .y I r14n City of Huntington Beach am 0 loa F�ftMay IVY` 3. Development Standards 3 DEVELOPMENT STANDARDS 3.1 Purpose and Intent The purpose of this section is to provide specific development standards and regulations that will be applied to all new development permitted within the Windward Specific Plan Area. These regulations are intended to provide criteria to be used by builders, planners, engineers, architects, landscape architects and other professionals in order to maintain the design quality of the project area. 3.2 Applicability The Windward Specific Plan shall be the zoning document for the Windward Specific Plan Area, which consists of the Windward Residential Parcel, the Windward Open Space Parcel, and the City Property, all as identified on Exhibit 2-2. The Development Standards for the Windward Residential Parcel are set forth in Section 3.3 below. General Regulations for the Windward Residential Parcel are set forth in Section 3.4. The Development Standards for the Windward Open Space Parcel are set forth in Section 3.5. A general description of the open space improvements for the City Property is found in Section 3.6. Where there is a conflict between the provisions of the Windward Specific Plan and the HBZSO, the Windward Specific Plan shall apply. Where the Windward Specific Plan is silent, the provisions of the HBZSO shall apply. 3.3 Windward Residential Parcel Development Standards 3.3.1 Purpose Thirty-six residential dwelling units are permitted on the approximately 2.5-acre Windward Residential Parcel, for an overall density yield of approximately 14.4 dwelling units per acre. 3.3.2 Permitted Uses 1. Primary Uses. The following primary uses are permitted subject to a Conditional Use Permit and Coastal Development Permit from the Planning Commission in accordance with the provisions of the HBZSO, as either may be amended from time to time. a. Residential duplexes; b. Single family detached homes; and c. Multi -family residential units. 2. Ancillary Uses. The following uses are permitted ancillary to the primary uses listed above. A coastal development permit may be required in accordance with the provisions of Chapter 245 of the HBZSO: April 2018 3-1 W [ N D WARD 3. Development Standards a. Community recreational amenities, including swimming pools, tot lots, fireplaces, barbecue area, and picnic facilities; and b. Accessory uses and buildings, subject to the provisions of Section 230.08 of the HBZSO. These uses include, but are not limited to, fencing, swimming pools, spas, therapy baths, water fountains, rock formations, freestanding barbecues and fireplaces, covered patios and decks, and detached accessory structures (such as non-commercial greenhouses, gazebos and storage sheds). 3. Temporary Uses. The following temporary uses are permitted subject to the provisions of the HBZSO: a. Home finder/sales center, including mobile homes or trailers, subject to Chapter 230 of the HBZSO; b. Model home complexes, subject to Chapter 230 of the HBZSO; c. Real estate signs relating to the sale, lease, or other disposition of real property on which the sign is located, subject to Chapter 233 of the HBZSO; and d. Other uses in conformance with Section 241.20 of the HBZSO. 3.3.3 Building Site Standards 1. Minimum Building Site Area — 2.5 acres. 2. Maximum Height of Individual Buildings a. Three (3) stories and 35 feet high. Roof decks shall not be considered a story. b. Building height is measured from finish floor to top of building. The finished floor elevation shall be a maximum of two (2) feet above the highest point of the curb adjacent to Bolsa Chica Street. c. Roof deck trellises are permitted up to a maximum of ten (10) feet above the roof deck floor and shall meet the following criteria: 1) Setback a minimum of five (5) feet from the edge of the roof or adjacent unit; 2) No more than 150 square feet in area; 3) Open on three (3) sides; and 4) Lattice design only. b. Roof equipment, including but not limited to elevators, may exceed the maximum height by an additional ten (10) feet. April 2018 3-2 3. Development Standards 3. Minimum Setbacks of Individual Buildings a. Front Setback (Bolsa Chica Street Right of Way) —15 feet. b. Side Setback (Open Space Lot) — 9 feet. c. Rear Setback (Open Space Lot) —13 feet. d. No setback from the first floor (upper story setback) is required for the second or third floor. 4. Minimum Distance Between Buildings — 10 feet 5. Maximum Cumulative Lot Coverage of all Individual Buildings — 50 percent 3.3.4 Open Space Requirements 1. Private Open Space a. Each dwelling unit shall have a minimum of 300 square feet of private open space. b. A maximum of 50 percent of the required private open space may be satisfied with usable roof deck area. Private balconies and ground floor open space (rear yards and private patios) shall make up the additional required private open space. c. Balconies shall have a horizontal rectangle which has a minimum dimension of six (6) feet. d. Ground floor open space, including rear yards, shall have a horizontal rectangle which has a minimum dimension of eight (8) feet. e. Roof decks shall have a horizontal rectangle which has a minimum dimension of ten (10) feet. 2. Common Open Space a. A common recreation area shall be provided for all residents which may include a pool, barbecue area, picnic area, seating area, or similar amenities. b. The common recreation area shall be a minimum of 3,800 square feet. 3.3.5 Parking Requirements 1. Enclosed Parking. Each residential unit shall have a minimum of two (2) enclosed spaces. 2. Guest Spaces. One (1) unenclosed guest space shall be provided within the development for each residential unit. Guest spaces shall not be assigned to individual residential units. April 2018 3-3 W[NDWARD 3. Development Standards 3.3.6 Affordable Housing Section 230.26 of the HBZSO requires that at least ten percent (10%) of all new residential construction shall be affordable units. The Windward Specific Plan provides 36 residential units. Therefore, the affordable housing requirement is 3.6 affordable units. To satisfy this requirement, the City and the Windward Owner will enter into an agreement that provides for the payment of in lieu fees for the 3.6 affordable units consistent with the City's affordable housing in -lieu fee program. 3.3.7 Prohibited Uses The following uses are prohibited: industrial uses; commercial uses, except home offices; billboards; signs which do not display information related to an activity, service, or commodity available on the premise; and uses not expressly permitted in this section. 3.3.8 Landscaping, Walls, and Fencing Landscaping, walls, and fencing within the Windward Residential Parcel shall be subject to the provisions established within Chapter 6, Appendices, of the Windward Specific Plan. The plant palette for the Residential Parcel is derived from the Coastal Commission —approved plant palette for the neighboring Brightwater community. Table 6-1 in Chapter 6 identifies both the plant species approved for use within the Windward Residential Parcel and those that are prohibited. Thirty -six-inch box trees required by Section 232.08.E of the HBZSO may be located in common or private open space areas. All perimeter fencing shall be consistent with the fencing described in Exhibit 6- 5, Wall and Fence Plan, and Exhibit 6-6, Wall and Fence Elevations. 3.3.9 Signs and Outdoor Lighting All signs and outdoor lighting shall be in accordance with Chapters 232 and 233 of the HBZSO. Outdoor lighting shall adhere to "dark sky" regulations and be designed to provide adequate illumination of on -site areas without intruding upon surrounding properties or environmentally sensitive areas. 3.3.10 Utilities All development projects shall be required to install adequate utility services necessary to serve the development. All utilities shall be placed underground in identified easements, excluding streetlights and electrical transmission 66kV or greater. Utility systems shall be designed to conserve the use of electrical energy and natural resources. Developers shall coordinate with electricity, telephone April 2018 3-4 WINDWARD 3. Development Standards and cable television companies regarding energy conservation and proper planning, phasing and sizing of lines. 3.3.11 Home Occupations Home occupations shall be in accordance with Section 230.12 of the HBZSO. 3.3.12 Lots and Buildings Lots and buildings shall be as depicted on the Final Tract Maps and the final Project -Level Site Development Plan. In the case of discrepancies between this Chapter, the HBZSO, and/or the Tract Maps or Site Development Plan, the Tract Maps and Site Development Plan shall take precedence. 3.4 General Regulations: Windward Residential Parcel Except where otherwise provided in the Windward Specific Plan, the following general regulations shall apply to the Windward Residential Parcel: 3.4.1 Streets Streets within the Windward Residential Parcel as shown on Exhibit 6-9 shall be maintained by the Windward Homeowners Association. Entry controls such as gates, guardhouses, and guards are prohibited. 3.4.2 Walls and Fences Walls and fences shall be constructed as shown on Exhibit 6-6. The use of glass in the perimeter walls adjacent to the open space area shall be prohibited. 2. No walls, fences, or other devices designed to preclude public access to the open space area are allowed except those approved as part of the Windward Specific Plan. 3.4.3 Covenants, Conditions and Restrictions (CC&Rs) 1. Prior to the issuance of the first building permit for the Windward Residential Parcel, Covenants, Conditions and Restrictions (CC&Rs) shall be recorded against the Windward Residential Parcel stating, among other things, that the City has authorized development on the Windward Residential Parcel, subject to terms and conditions that restrict the use and enjoyment of the Windward Residential Parcel. 2. The CC&Rs shall reflect, either in their main text or in an exhibit, all conditions of the Conditional Use Permit and Coastal Development Permit applicable to the development of the Windward Residential Parcel. April 2018 3-5 WINDWAN) \ 3. Development Standards 3. At least 90 days before City Council action on the final map subdividing the Windward Property into the Windward Residential and Open Space Parcels, the CC&Rs shall be submitted to the Departments of Community Development, Public Works, and Fire and the City Attorney's office for review and approval. 4. The CC&Rs shall be binding upon and run with the Windward Residential Parcel and be included or incorporated by reference in every deed conveying either the Windward Residential Parcel or a condominium interest within the Windward Residential Parcel. 5. The CC&Rs shall provide for maintenance, repair, and replacement by the Windward Homeowners Association of all HOA-owned improvements within the common areas of the Windward Residential Parcel, including landscaping, irrigation, private streets, parking, recreation, open space, community walls and fences, community facilities, drainage facilities, water quality BMP's, and private service utilities. The CC&Rs shall also include the plant palette provided in Table 6-1 of the Windward Specific Plan which identifies the approved and prohibited plant species for the Windward Residential Parcel. 6. The CC&Rs shall provide for maintenance, repair, and replacement by the HOA of signage, landscaping, irrigation, trail, trail fencing, and bench in the Windward Open Space Parcel until the Windward Open Space Parcel is transferred to a governmental agency or to a qualified non-profit organization. 7. The CC&Rs shall provide that the HOA is responsible for maintaining the trail, signage, trail fencing, and landscaping on the City Property and shall execute a Landscape Maintenance Agreement with the City for the continuing maintenance including, but not limited to the landscaping, decomposed granite trail, signage, trail fencing, irrigation, and water quality and drainage features associated with the City Property. The Landscape Maintenance Agreement shall describe all aspects of maintenance, such as removal of trash, debris, and silt buildup, removal/replacement of dead, damaged vegetation resulting from public use of the trail system, or any other aspect of maintenance, repair, replacement, liability, and fees imposed by the City. 8. The CC&Rs shall provide that neither the residents of the Windward Residential Parcel nor the HOA shall interfere with public access to the trail within the Windward Open Space Parcel or close it off for the exclusive use of the residents of the Windward Residential Parcel. April 2018 3-6 W [ N D WfkR D : 3. Development Standards 3.4.4 Resource Protection 1. A Domestic Animal Control Plan shall be prepared that details methods to be used to prevent pets from entering any adjacent resource protection areas, including but not limited to, appropriate fencing and barrier plantings. The plan shall be approved by the Community Development Department and subsequently distributed to each homeowner. 2. A Pesticide Management Plan shall be prepared that, at a minimum, prohibits the use of rodenticides and prohibits the use of toxic pesticides and herbicides in outdoor areas, other than Vector Control conducted by the City, County, or Special District. 3. To ensure the continuance of habitat value and function of the adjacent designated Environmentally Sensitive Habitat Areas, the developer shall provide any buyer of a housing unit within the project an information packet that explains the sensitivity of the natural habitats adjacent to the Windward Residential Parcel, the need to minimize impacts on the designated resource protection areas, and the prohibition on the planting of 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 Pesticide Management Plan and be required for all sales of housing units. The developer shall provide the City with a copy of the information packet. 3.5 Windward Open Space Parcel Development Standards Prior to the issuance of the first occupancy permit for a residential unit other than a model home within the Windward Residential Parcel, the developer of the Windward Residential Parcel shall complete the public improvements for the Windward Open Space Parcel. 3.5.1 Windward Open Space Parcel Improvements The public improvements for the Windward Open Space Parcel are described in Chapter 4 and include a decomposed granite trail, bench, trail fencing, directional and interpretive signage, and the approved landscape palette. 3.5.2 Windward Open Space Parcel Landscaping The native landscape plan for the Windward Open Space Parcel is discussed in Chapter 4 and shown on Exhibit 4-1, Open Space and Resource Conservation Concept Plan. The Windward Residential Parcel CDP shall require the Windward Owner to: Prepare a Habitat Management Plan (HMP) for the Windward Open Space Parcel consistent with the native landscape plan set forth in Chapter 4. April 2018 3-7 WINDWAR[) 3.6 3. Development Standards • Be responsible for initially installing the landscaping on the Windward Open Space Parcel. • Maintain the native landscaping pursuant to the HMP until 90% of the residential units within the Windward Residential Parcel have been sold. The CC&Rs for the Windward Residential Parcel shall provide that: • The HOA shall assume responsibility for that maintenance when 90% of the residential units within the Windward Residential Parcel have been sold. • The HOA shall retain that maintenance responsibility until the City confirms that all success criteria required by the CDP for the Windward Open Space Parcel native landscaping have been met. • Once the City confirms that all success criteria required by the CDP for the Windward Open Space Parcel native landscaping have been met, the then current owner of the Windward Open Space Parcel shall assume ongoing responsibility for maintenance of the Windward Open Space Parcel. 3.5.3 Windward Open Space Parcel Signage 1. Trail Entrances. Signs shall be posted at the north and south entrances to the trail at Bolsa Chica Street directing the public to the trail heads as shown on Exhibit 6-8. 2. Interpretive Sign. An interpretive sign shall be located along the trail within the Windward Open Space Parcel as shown on Exhibit 6-8. The sign shall include educational information about archaeological site CA ORA 86 and historical aspects of the Windward Open Space Parcel. 3. Coastal Access Trail. Plans for the coastal access trail shall be submitted to the City concurrent with the plan check submittal for the Windward Residential Parcel. The plans for the trail shall include signage indicating public access and provide informational details about the entire coastal access path including length of the entire path to the Bolsa Chica Wetlands. City Property Open Space Improvements The public improvements for the City Property are described in Chapter 4 and shown on Exhibit 4-1. The City Property will serve as a trailhead to funnel pedestrians to and across the Windward Open Space Parcel. Prior to the issuance of the first occupancy permit for a residential unit other than a model home within the Windward Residential Parcel, the developer of the Windward Residential Parcel shall complete the public improvements for the City Property described in Chapter 4, including the trail, signage, trail fencing, and landscape improvements. April 2018 3-8 WINDWARD 3. Development Standards 3.7 Compliance with Mitigation Measures Development of the Windward Residential Parcel shall comply with the following Mitigation Measures from Negative Declaration No. 16-003: 1. Prior to any development, the Applicant shall retain a City -approved Archaeologist who meets the Secretary of Interior Standards for both Archaeology and History. An Archaeological Mitigation and Monitoring Plan (AMMP) shall be developed prior to initiating construction to outline "controlled archaeological grading methods," which has been shown to be an effective investigative method for locating previously unknown resources on Bolsa Chica Mesa. The plan shall include protocol for the mitigation of cultural resources through a research design and recovery/preservation plan, including significance testing of inadvertent archaeological finds; lab analysis, curatorial requirements, and reporting requirements; and identification of an acceptable repository for all recovered material with curatorial fees being paid by the Applicant. 2. In accordance with CR-1 and the AMMP, controlled archaeological grading shall occur across the entire Windward project site prior to the issuance of a grading permit for residential development of the project site. Archaeological grading shall consist of using mechanized equipment where the plowzone is removed in approximate 2 centimeter depth increments by a mechanical scraper, as part of the controlled grading effort and under the supervision of the archaeological site supervisor. The grading process shall be limited to slow excavation in small horizontal areas providing ultimate control. The archaeologist(s) and Native American Monitor(s) shall examine the soils as they are exposed. Previous investigations have shown that once below the plowzone, soils consist of: 1) basal midden remnants (beige -yellow in color) or 2) Pleistocene terrace deposits (red in color). Culturally, sterile Pleistocene terrace deposits are shallow at this location, reached at a maximum depth of 150cm below the surface. The entire process shall be monitored by both Gabrielino and Juaneno Native American monitors. Monitoring will occur with at least one archaeologist and one Native American monitor per equipment array that is operating. 3. All construction personnel shall be instructed to stop work on the project site in the event of a potential find, until the archaeologist and Native Monitors have been able to assess the significance of the find and implement appropriate measures as outlined in the AMMP to protect or scientifically remove the find. Construction personnel shall also be instructed that unauthorized collection of cultural resources is prohibited by law. If archaeological resources are discovered during ground - disturbing activities, the archaeologist has the authority to cease all earthwork in the immediate area of the finds (within 50 feet) until the find can be evaluated for significance. April 2018 3-9 WfNDW,4RD .'�� 3. Development Standards In the absence of a determination, all archaeological resources shall be considered significant. If the resource is determined to be significant, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. 4. In the event cultural resources are exposed in any overlying basal midden remnants during the controlled archaeological grading, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. Specific protocol for uncovering the resource and analyzing its significance will be detailed within this plan. The protocol shall establish procedures for various types of archaeological resources that may be discovered. Because of their cultural significance, however, if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or religious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. 5. If human remains are discovered during construction or any earth -moving activities, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric, the Coroner must notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site and may recommend or deny scientific removal and nondestructive analysis of human remains. If the human remains are determined to be in situ, i.e., they have not been moved or relocated to the site of discovery, the preservation methods in CR-4 shall apply. Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the City that a City -approved paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre -grade conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall April 2018 3-10 WINDWARD 3. Development Standards determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. 7. Prior to construction -related ground disturbing activity, a qualified biologist shall survey the project site for presence of Southern tarplant during the appropriate blooming period, May — November. If feasible, the survey shall be conducted during the peak blooming period for the year. Any substantial occurrence (at least 500 mature individuals) shall be preserved on -site or relocated to open space areas in the Bolsa Chica area. If relocation is required, a Southern tarplant relocation program shall be prepared by a qualified biologist and implemented prior to the onset of construction. 8. Prior to construction -related ground disturbing activity, focused burrowing owl surveys shall be conducted in accordance with the CBOC and California Department of Fish and Wildlife (CDFW) established protocols on the project site. If no occupied burrows are found, the methods and findings of the surveys shall be reported to the City and CDFW for review and approval and no further mitigation would be required. If unoccupied burrows are found during the nonbreeding season, the burrows shall be collapsed or otherwise obstructed to prevent owls from entering and nesting in the burrows. If occupied burrows are found, a buffer of 165 feet (during the nonbreeding season of September 1 through January 31) or 250 feet (during the breeding season of February 1 through August 31) shall be provided. The buffer area may be adjusted based on recommendations by a qualified biologist in consultation with the CDFW. No activity shall occur within the buffer area until a qualified biologist confirms that the burrow is no longer occupied. If the burrow is occupied by a nesting pair, a minimum of 6.5 acres of foraging habitat contiguous to the burrow shall be maintained until the breeding season is over. The 6.5 acres would consist of the five acres of the project site as well as the adjacent 6.2 acre Goodell Property. The western portion of the Shea property is designated as permanent open space providing an additional 19 acres of foraging habitat. If avoidance of an occupied burrow is not feasible, on -site passive relocation techniques approved by the CDFW shall be used to encourage the owls to move to an alternative borrow outside of the impact area. However, no occupied burrows shall be disturbed during the nesting season unless a qualified biologist verifies through noninvasive methods that juveniles from the occupied burrows are foraging independently and are capable of independent survival. April 2018 3-11 W[NDWfkRD 4. Open Space and Resource Conservation 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4.1 Windward Open Space and Resource Conservation Uses The Windward Owner has requested adoption of the Windward Specific Plan to implement the open space and resource conservation vision of the Settlement. The Windward Specific Plan designates the land use of the Windward Open Space Parcel and the City Property as Open Space — Park with a Coastal Conservation designation. The allowable uses under the City's existing Open Space — Park land use designation and Coastal Conservation zoning are limited to pedestrian trails and observation platforms for passive nature study. Consistent with those regulations, the uses for the Windward Open Space Parcel are limited to a pedestrian trail which includes interpretive signage and a scenic overlook. The Open Space — Park land use designation and Coastal Conservation designation provide a land use that is compatible with the use of the adjacent Parkside property. Although high density residential uses border the northern edge of the Windward Property and lower density residential is located immediately west of the site, the eastern and southern edges abut open space areas that serve important ecological functions and are an integral part of the Bolsa Chica environment. In 2012, the Coastal Commission approved the Parkside residential development project, which borders the Windward and Goodell Properties. Due to concerns about the continuing viability of a grove of eucalyptus trees to function as Environmentally Sensitive Habitat (ESHA) and the presence of a wetland, the Commission designated approximately 18 acres of the western portion of the Parkside property as open space to accommodate various ecological buffers and water quality treatment areas. As part of the project approval, the developer was required to prepare a Habitat Management Plan (HMP) for the areas of the property designated as open space/conservation. The HMP calls for the area that abuts the Windward Open Space Parcel to be revegetated with native grasses and some scrub species. The area adjacent to the Goodell Property is planned for scrub/grassland and Coastal Sage Scrub revegetation. The HMP has been approved by the Coastal Commission but has not yet been implemented. The open space plan for the Windward Open Space Parcel also takes into consideration habitat restoration plans approved by the Coastal Commission on the adjoining Parkside property to ensure that the landscape plans and plant palettes are compatible and complement one another. Accordingly, the permitted uses and landscape plan for the Windward Open Space Parcel are designed to be entirely compatible with the approved HMP for the Parkside project. In fact, as shown on Exhibit 4-1, Open Space and Resource Conservation Concept Plan, the native landscape plan for the Windward Open Space Parcel essentially expands the three -acre grassland/scrub area on the western edge of Parkside onto the Windward Open Space Parcel creating an approximately 5.5-acre contiguous grassland/scrub area. April 2018 4-1 WINDWARD ` 4. Open Space and Resource Conservation The conceptual plant palette for the Windward Open Space Parcel is comprised primarily of native grassland with some scrub species. These species are listed on Table 4-1, Conceptual Open Space Native Plant Palette. TABLE 4-1 Conceptual Open Space Native Plant Palette Scientific Name Common Name Plants/ac Cylindropuntia prolifera Coastal Cholla 150 Opuntia littoralis Coastal Prickly Pear 200 Scientific Name Common Name Pounds/ac Ambrosia acanthicarpo Sand -Bur 5.00 Baccharis pilularis Coyote Bush 0.50 Bromus carinatus California brome 7.00 Comissoniopsis cheironthifolia Beach Evening Primrose 0.25 Dichelostemma capitatum Blue Dicks 2.00 Distichlis spicata Salt Grass 1.00 Encelia californica California Encelia 0.75 Eriophyllum confertiflorum Long -Stemmed Golden Yarrow 0.25 Eschscholzia californica California Poppy 0.50 Festuca microstachys Pacific Fescue 5.00 Heliotropium curossavicum Alkali Heliotrope 0.75 Isocoma menziesil Coastal Goldenbush 2.50 Lasthenia californica Coastal Goldfields 0.25 Lupinus bicolor Miniature Lupine 2.00 Phacelia parryi Parry's Phacelia 0.25 Plantago erecta California Plantain 3.00 Pseudognaphalium californica California Everlasting 0.25 Sisyrinchium bellum California Blue -Eyed Grass 1.50 Stipa lepido Foothill Needlegrass 6.00 Stipo pulchra Purple Needlegrass 8.00 Verbena lasiostachys Western Verbena 0.50 To facilitate public access to the Windward Open Space Parcel, a decomposed granite pedestrian trail is planned for the Windward Open Space Parcel that would connect to the City Property along the northernmost edge of the Windward Property, turning southerly to ultimately connect to trails that may, in the future, be located on the Goodell Property. The plan is to initially create a trail loop that starts at the southeast corner of Bolsa Chica Street and Los Patos Avenue extending easterly through the City Property and then southerly across the Windward Open Space Parcel and then turning westerly to intersect back at Bolsa Chica Street. The trail will be located at the highest April 2018 4-2 1Nf N D WARD 1. 4. Open Space and Resource Conservation 4.2 elevation of the Windward Open Space Parcel providing an opportunity for a scenic overlook node offering trail users unobstructed views of Saddleback Mountain in south Orange County. As shown on Exhibit 4-1, Open Space and Resource Conservation Concept Plan, the trail would feature interpretive signage that would provide users with information regarding the property's rich history. Ultimately, if the Goodell Property is acquired by a public agency or a qualified non-profit such as the Bolsa Chica Land Trust or an accredited land trust, the Windward trail could be extended onto the Goodell Property to create a network of trails that provide users with a variety of experiences. Maintenance of the trail on the City Property would be the responsibility of the homeowner's association formed for the Windward Residential Parcel. Open Space and Resource Conservation Concept Plan for the Windward Open Space Parcel and the City Property As described in Chapter 1, Introduction, the goal of the Settlement is to preserve as much as possible of the two remaining privately held undeveloped parcels on the Bolsa Chica Mesa. One alternative is for the Trust for Public Land (TPL) to purchase the entire eleven acres of privately owned property and preserve it as open space. How the properties would ultimately be used under that alternative depends largely on what entity ends up holding title to the land. Under a scenario where both the Windward and Goodell Properties are purchased by TPL, the Windward Specific Plan would not take effect. The Windward Property would retain its current land use designation. The Windward Specific Plan is being created to facilitate the second alternative of the Settlement (Alternative 2), which allows medium density residential on the Windward Residential Parcel, with the Windward Open Space Parcel being restricted to "Open Space and Conservation Uses." For the purposes of the Windward Specific Plan, "Open Space and Conservation Uses" shall mean the following: 1. Pedestrian trails, observation areas and platforms, interpretive signs and displays, native landscaping, trail fencing, and habitat restoration; Any additional uses set forth in the Mitigation Plan prepared pursuant to Consent Cease and Desist Order No. CCC-I2-CD-01 and Consent Restoration Order No. CCC- 12-RO-01, both approved by the Coastal Commission on September 11, 2013; and Any other open space, resource protection, and conservation uses that are later approved through an amendment of the LCP approved by the City and certified by the Coastal Commission. To implement Alternative 2, however, the Windward Owner will need to voluntarily purchase the Goodell Property and dedicate both the Windward Open Space Parcel and the Goodell Property to a governmental agency or a qualified non-profit such as the Bolsa Chica Land Trust or an accredited land trust subject to restriction to the Open April 2018 4-3 WINDWARD 4. Open Space and Resource Conservation Space and Conservation Uses. Under Alternative 2, approximately 8.7 of the eleven acres comprising the Windward and Goodell Properties would be preserved for Open Space and Conservation Uses. In the case of the Windward Open Space Parcel, preservation would be through both (i) the provisions of the Windward Specific Plan and the LCPA and (ii) a recorded deed restriction. In the case of the Goodell Property, preservation would be through a voluntary deed restriction unrelated to regulatory requirements. As contemplated by the Settlement, the opportunity to craft a comprehensive plan for a relatively large parcel of land that abuts an even larger open space complex containing valuable ecological and cultural resources is truly unique. Also included in the Open Space and Resource Conservation Concept Plan is the City Property, a sliver of land owned by the City that is approximately 30 feet wide and 445 feet long (13,350 square feet) that is designated as open space -park on the City's general plan. The City Property forms the northern boundary of the Windward Property and currently accommodates a native trail that is used informally by pedestrians to access the Parkside property from the intersection of Bolsa Chica Street and Los Patos Avenue. Signal dedicated this parcel of land to the City for park purposes in 1999. The goals for developing a comprehensive open space plan are: • Provide the public with an open space plan that demonstrates the City's intentions for the Windward Open Space Parcel in the event a governmental agency or qualified non-profit such as Bolsa Chica Land Trust obtains the Goodell Property and the Goodell Property is annexed to the City. • Ensure that land uses are compatible with adjacent properties such as Parkside Estates, Brightwater, and the State Ecological Reserve. • Provide opportunities for public access while protecting sensitive biological and cultural resources. • Ensure that the habitat values of the Bolsa Chica Ecological Reserve are not compromised. • Integrate into the plan a cultural mitigation program required by the California Coastal Commission under a Consent and Restoration order with the Windward Owner. • Identify appropriate areas for placement of scenic overlooks and interpretive signage. As shown on Exhibit 4-1, Open Space and Resource Conservation Concept Plan (Concept Plan), the Concept Plan is designed to provide public access from the southeast corner of the intersection of Bolsa Chica Street and Los Patos Avenue, utilizing the City Property as a trailhead to funnel pedestrians across the Windward Open Space Parcel southerly to the Goodell Property. Once on the Goodell Property, trail users can visit scenic overlooks and interpretive signs or continue on to the Brightwater trail. Careful April 2018 4-4 W[NDWP�RD 4. Open Space and Resource Conservation consideration has been given to designing a trail system that does not require mechanical grading to construct and provides appropriate fencing to keep users on the trails and out of sensitive biological or cultural areas. The City Property will contain a decomposed granite trail with native landscape on both sides and will connect with the trail located on the Windward Open Space Parcel. Although the City Property is only a third of an acre, it is located adjacent to the existing Los Patos Avenue public right-of-way and provides critical linkage to the Windward Open Space Parcel. Recognizing that biological and cultural resources exist in some portions of the Windward Open Space Parcel, the Open Space and Resource Conservation Concept Plan is designed to avoid re -contouring the landform and any mechanized grading. It takes into consideration established native trails. The native grassland/scrub plant palette recommended for the Windward Open Space Parcel is planned to extend onto the Goodell Property to be consistent with the Parkside Estates open space parcel. Although under the Concept Plan coastal sage scrub could be planted on the upper portion of the Goodell Property, grassland/scrub species with shallower root systems would be preferable given the presence of cultural resources on the southern portion of the Goodell Property. The trail system on the Goodell Property primarily utilizes existing trails. However, since the area contains sensitive biological resources, the Concept Plan contemplates fencing would be incorporated to keep pedestrians on designated trails to minimize disturbances to existing habitat and any native landscaping installed in the future. With respect to cultural resources, in 2013, the Coastal Commission issued a Consent Restoration Order requiring the landowner to design and construct a cultural mitigation program in this area of the Bolsa Chica Mesa. The cultural mitigation program could easily be incorporated into the trail and interpretive sign program. As stated previously, the Windward Specific Plan does not regulate the Goodell Property. The purpose of the Concept Plan is to provide a vision of what could occur on the Goodell Property under the Open Space and Conservation Uses to which the Goodell Property would be limited by voluntary deed restrictions under Alternative 2. Permits necessary to implement the Open Space and Conservation Uses on the Goodell Property would be the subject of future entitlements and CEQA review if the Goodell Property is acquired under Alternative 2, annexed, an LCP amendment is approved by the Coastal Commission, and a more detailed plan is developed. April 2018 4-5 Windward Specific Plan City of Huntington Beach LEGEND 8r�adea81Te,1e NEI:A� 4roge shoo Sided swap B0ulderN0mPf0r PAkAmu Exhibit 4-1 Open Space / Passive Park Concept Plan I I 1 IORNI\ /4 o mt WINDWARD 5. Administration and Implementation 5 ADMINISTRATION AND IMPLEMENTATION 5.1 Summary To cooperatively achieve the open space and resource conservation objectives of this Specific Plan, the City, the Coastal Commission, and the Windward Owner each require specific respective assurances. The City and the Coastal Commission need assurances that before development of the Windward Residential Parcel can begin, the conveyances and deed restrictions called for by this Specific Plan and Alternative 2 of the Settlement are operative. The Windward Owner needs assurances that if those conveyances and deed restrictions are operative, Windward Owner will have the right to proceed with the development of the Windward Residential Parcel as permitted by this Specific Plan. This Chapter 5 provides each of these parties with the needed assurances by making the operative status of all Required Approvals (specified in 5.3 below) and Implementation Documents (specified in 5.4.1 below) mutually contingent upon approval and effectiveness of all of the Required Approvals and Implementation Documents. 5.2 Key Definitions 1. Approved/Approval: "Approved" or "Approval" refers to the process(es) prescribed by applicable local and/or state law by which the Required Approvals and the Implementation Documents are authorized by the applicable decisional authority. For example, this Specific Plan/LCPA is "approved" when the City Council has voted to adopt the resolution approving this Specific Plan/LCPA and the Coastal Commission's certification of the LCPA is complete pursuant to Public Resources Code Sections 30512 and 30513. 2. Effective: "Effective" refers to the time at which a Required Approval or an Implementation Document becomes final in the ordinary course of the administrative process for that approval as set forth in applicable local and/or state law. For example, the Coastal Commission's regulations, specifically 14 CCR § 13544, specify when certification of the LCPA shall become "effective". For purposes of this Specific Plan/LCPA, Required Approvals and Implementation Documents may specify a later "operative" date subsequent to the "effective" date. 3. Operative: "Operative" refers to the time at which a Required Approval or an Implementation Document may be exercised, used, or implemented. For purposes of this Specific Plan/LCPA, Required Approvals and Implementation Documents may specify a later "operative" date subsequent to the "effective" date. April 2018 5-1 WINDWARD 5. Administration and Implementation 5.3 Required Approvals The development of the Windward Residential Parcel authorized by the Windward Specific Plan may not occur until all of the following (the "Required Approvals") are "effective": 5.3.1 By the City (collectively, the "City Approvals"): 1. Approval of a Local Coastal Program Amendment (LCPAI), consisting of (1) an amendment to the Coastal Element of the City's General Plan which functions as the Land Use Plan portion of the LCP, and (2) the "Windward Specific Plan," comprised of a Zoning Text Amendment and a Zoning Map Amendment to the Implementation Plan portion of the LCP; 2. Approval of and entry into a Development Agreement (Windward DA) between the City and the Windward Owner pursuant to Government Code Sections 65864 et seq. in order to implement Alternative 2 of the Settlement; 3. Approval of a Coastal Development Permit (CDP) authorizing construction of a 36-unit townhome development and associated infrastructure and consisting of (1) a Tentative Tract Map subdividing the Windward Property into one numbered lot for residential development (the Windward Residential Parcel) and one lettered lot for open space (the Windward Open Space Parcel) and (2) a Conditional Use Permit allowing the development of the Windward Residential Parcel in accordance with the development standards set forth in the Windward Specific Plan and the LCPA (or as certified with suggested modifications as accepted by the City); and 4. Approval of grading, building, and similar ministerial permits. 5.3.2 By the Coastal Commission (collectively, the "Commission Approvals"): 1. Certification of the LCPA, in accordance with the City Approvals (or with suggested modifications as accepted by the City); 2. Approval of the Windward DA, to the extent, if any, required by Government Code Section 65869, including with respect to its terms regarding the acquisition, conveyance, and deed restriction of the adjacent Goodell Property; and 3. In the event the City's approval of the CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal 1 All references to the "LCPA" refer to each of the components included within this bullet point. April 2018 5-2 WINDWARD 5. Administration and Implementation raises substantial issue(s) regarding conformity of the CDP with the LCP, approval by the Commission of a CDP. 5.4 Conditions Precedent to Required Approvals Becoming "Operative" 5.4.1 Assurances to City and Coastal Commission. To assure that development of the Windward Residential Parcel may not occur without the Windward Owner first taking the actions needed to implement the open space objectives of this Specific Plan and Alternative 2 of the Settlement. The documents required by subsections a, b, c and d below shall constitute Implementation Documents. Therefore, notwithstanding certification and effectiveness of (1) the LCPA by the Commission and (2) a CDP by the City or the Commission on appeal, the Specific Plan/LCPA and CDP shall not become "operative" until the following events have occurred: 1. For the Windward Open Space Parcel: Offer or Grant. One of the following Implementation Documents related to the Windward Open Space Parcel has been recorded in a form acceptable to the Cityz: a. An irrevocable offer to dedicate the Windward Open Space Parcel to the People of the State of California (Windward Offer). The Windward Offer must restrict the Windward Open Space Parcel to open space and resource conservation uses as set forth in the Windward Specific Plan. The Windward Offer shall run with the land for 21 years, binding all successors and assignees, and may be accepted by the State through a public agency or private nonprofit entity approved by the City. OR b. A conveyance of fee title to the Windward Open Space Parcel to the Bolsa Chica Land Trust (BCLT) or to another accredited land trust or nonprofit entity approved by the City (Windward Conveyance). The Windward Conveyance must restrict the Windward Open Space Parcel to open space and resource conservation uses as set forth in the Windward Specific Plan. 2. For the Goodell Property: Offer or Grant. One of the following Implementation Documents related to the Goodell Property has been recorded in a form acceptable to the City: z In any case where this Specific Plan/LCPA states that a document must be acceptable to the City, that requirement will extend to the Executive Director of the Coastal Commission in the event a City -approved CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal raises substantial issue(s) regarding conformity of the CDP with the LCP. April 2018 5-3 1NINDWARD 5. Administration and Implementation An irrevocable offer to dedicate the Goodell Property to a public agency (Goodell Offer). The Goodell Offer must restrict the Goodell Property to open space and resource conservation uses as set forth in the Windward Specific Plan. The Goodell Offer shall run with the land for 21 years in favor of the People of the State of California, binding all successors and assignees. OR b. A conveyance of fee title to the Goodell Property to either the BCLT or another accredited land trust or nonprofit entity approved by the City (Goodell Conveyance). The Goodell Conveyance must restrict the Goodell Property to open space and resource conservation uses as set forth in the Windward Specific Plan. 3. For both the Windward Open Space Parcel and the Goodell Property: Deed Restrictions. Upon acceptance as to form by City, deed restrictions limiting the Windward Open Space Parcel and the Goodell Property to open space and resource conservation uses have been recorded in a form acceptable to the City. 4. For both the Windward Residential Parcel and the Windward Open Space Parcel: Acceptance of LCPA. A document in a form acceptable to the City has been provided to the City and recorded, unequivocally stating that the Windward Owner (i) accepts the certified LCPA in form and substance, (ii) acknowledges that the Windward Residential Parcel and the Windward Open Space Parcel shall be subject to the provisions of the LCPA, and (iii) acknowledges that the LCPA has become effective. 5. For the Windward Open Space Parcel and the Goodell Property: Title reports have been provided to the City for the Windward Open Space Parcel and the Goodell Property showing, to the satisfaction of the City, that those properties have been deed restricted and either offered for dedication or otherwise conveyed free of prior liens and encumbrances which would materially and adversely affect the interests being dedicated/conveyed. 5.4.2 Assurances to Windward Owner. To assure that the Windward Owner is not required to deed restrict and convey the Windward Open Space Parcel and, pursuant to the Windward DA, deed restrict and convey the Goodell Property as set forth above without having the right to develop the Windward Residential Parcel, the Implementation Documents specified in Section 5.4.1 shall contain language that each respective Implementation Document does not become operative until: April 2018 5-4 WINDWARD — 5. Administration and Implementation 1. All of the Required Approvals have been approved and have become effective; and 2. Either the time for legal challenges to each of the Required Approvals has expired and/or legal challenges which have been made have terminated or resolved with all Required Approvals remaining intact and effective. 5.5 Development Agreement No. 16-001 Through the Windward DA, which was voluntarily requested of the City by the Windward Owner to implement the Settlement, the Windward Owner has voluntarily agreed that the recording of the applicable Implementation Documents in accordance with 5.4.1 above shall be a condition precedent to this Specific Plan/LCPA and any CDP for the development of the Windward Residential Parcel becoming operative. The Windward DA was approved by the City Council concurrently with the approval of the Windward Specific Plan and LCPA and reflects the requirements of Section 5.3 above. 5.6 Enforcement of the Specific Plan/LCPA The Specific Plan/LCPA serves both a planning and regulatory function. It is the vehicle by which the City of Huntington Beach Local Coastal Program and General Plan are implemented for the Windward Property. If there is a conflict found between the Windward Specific Plan and the HBZSO, the contents of the Windward Specific Plan shall prevail. Where the Windward Specific Plan is silent, the provisions of the HBZSO shall apply. The Community Development Department shall be responsible for interpreting and enforcing the site development standards and design guidelines set forth in the Windward Specific Plan. 5.7 Methods and Procedures 5.7.1 Zoning Text Amendments A Zoning Text Amendment shall be required for changes to the Windward Specific Plan and processed in accordance with the provisions of Chapter 247 of the HBZSO. Zoning Text Amendments shall require an amendment to the City's Local Coastal Program and shall not take effect until certified by the California Coastal Commission and subsequently accepted by the City pursuant to 14 CCR § 13544. 5.7.2 Hearings All local public hearings held relative to the Windward Specific Plan shall be administered according to the applicable provisions of the HBZSO. April 2018 5-5 WINDWARD 5. Administration and Implementation 5.7.3 Appeals Any local decision, determination or requirements may be appealed in accordance with applicable provisions of the HBZSO. 5.8 Maintenance Mechanisms As a condition of issuance for any CDP for development of the Windward Residential Parcel, a homeowner's association for the Windward Residential Parcel (HOA) shall be formed and, through its CC&Rs (see Chapter 3, Section 3.5.13-3 above), be responsible for: The permanent maintenance, repair, and replacement of all HOA-owned improvements within the common areas of the Windward Residential Parcel, including landscaping, irrigation, common vehicular driveways, parking, recreation, open space, community walls and fences, community facilities, drainage facilities, water quality BMP's, and private service utilities. Until the Windward Open Space Parcel is transferred to a governmental agency or to a qualified non-profit organization pursuant to Section 5.4.1.a above, the maintenance, repair, and replacement of the public improvements within the Windward Open Space Parcel which are described in Chapter 4 and which include a decomposed granite trail, bench, trail fencing, directional and interpretive signage, and the approved landscaping. The maintenance of the public improvements for the City Property described in Chapter 4 and shown on Exhibit 4-1, including, but not limited to, the trail, signage, trail fencing, and landscape improvements. 4. Entering into a Landscape Maintenance Agreement with the City describing the HOA's maintenance obligations with respect to the public improvements for the City Property described in Chapter 4 and shown on Exhibit 4-1, including, but not limited to the trail, signage, trail fencing, and landscape improvements. April 2018 5-6 WINDWARD 6. Appendices 6 APPENDICES 6.1 Architectural Character The architectural character for the Windward Residential Parcel development (Windward Community) follows a Mid -Century Modern theme, with strong linear elements and bold horizontal and vertical features. A variety of exterior materials are utilized including wood, stone, stucco, and glass (see Architectural Style, Exhibit 6-1). The mid-century modern architectural style provides "four-sided" architecture with a variety of architectural elements on all four sides of the home, thus eliminating a flat plane on any side. April 2018 6-1 %"A; , WINDWARD 6. Appendices 6.2 Residential Landscape Design Concept Community design concepts and details for the Windward Community are presented in this Specific Plan in order to establish a comprehensive theme that blends the landscape with the architecture. Residents and visitors will experience the Windward Community as an upscale design with select palm species, canopy trees and plantings that complement the Modern design of the architecture. Careful consideration is also given to providing a landscape plan for the residential area that is compatible with the adjacent environment (see Exhibit 6-2, Residential Landscape Plan). The elements included in this plan include: • Project Entry, • Recreation Area, • Wall and Fence Design, • Open Space Trails, and • Plant Palette. 6.2.1 Project Entry — Bolsa Chica Street The Windward Community primary entrance is located at the southern part of the community along Bolsa Chica Street. The entry design includes project signage, (see Exhibit 6-3, Community Signage), that is framed by a backdrop of evergreen plant materials. There is a secondary point of ingress/egress north of the primary entrance which will offer right in and right out access only. This secondary access will not include project signage. 6.2.2 Recreation Area The recreation area, shown on Exhibit 6-4, Community Recreation Area Plan, is located in the northern portion of the project will benefit from the existing landscape located on the Los Patos/Bolsa Chica corner providing both a sense of privacy and a large-scale, visual evergreen backdrop. Anticipated amenities for the Windward Community residents include a swimming pool with lap -lane, fireplace/gathering area and grilling station. 6.2.3 Wall and Fence Design The Community Wall and Fence Plan, Exhibit 6-5, describes locations and materials that are consistent with the adjacent communities while being unique to the Windward Community. Wall and Fence Elevations are depicted in Exhibit 6-6. Walls and fences, up to a maximum of 6 feet in height, are permitted in front setback areas. Pilasters shall be a maximum of 6 feet 6 inches in height. April 2018 6-3 WINDWAR 1) 6. Appendices 6.2.4 Open Space Trail The Windward Community open space design includes an approximate 0.4-mile loop trail (Windward Loop Trail) which can be accessed from the primary or secondary entry depicted on Exhibit 6-7, Trails Plan and Section. The trail consists of a concrete sidewalk along Bolsa Chica street and a connecting, six foot (6') wide, decomposed granite trail that extends east through the City Property above the northern Windward Property boundary, south through the Windward Open Space Parcel and returns west back to Bolsa Chica Street. The Windward Loop Trail includes directional and interpretive signage as shown on Exhibit 6-8, Public Access Signage Plan, open space trail fencing and an overlook area with bench seating. In addition to the Windward Loop Trail, connections to other local trail systems are available, as shown on Exhibit 4-1, Open Space /and Resource Conservation Concept Plan. 6.2.5 Plant Palette The plant palette for the Windward Community has been separated into two distinct use areas, the Community Plant Palette and the Private Residential Plant Palette. The plant palette, described in Section 6.1, also includes prohibited plant species within the Windward Community. These use areas contain unique plant palettes, which will assure the implementation of the community theme. The plant palettes for the residential area are drawn from the Coastal Commission -approved plant palette for the Brightwater Community. Plant species that are considered invasive are prohibited from use by the homeowners. The plant palette for the open space area of the Windward Community can be found within Table 4-1, Conceptual Open Space Native Plant Palette. April 2018 6-4 LEGEND i� Existing Landscape t� Tubular Metal Fence 0 Existing Monuments ® Existing Turf Parkway and Street Trees Community signage © Private Patio t� Privacy Wall or Fence - Refer to Exhibit 2-6 ® Perimeter Wall I Fence - Refer to Exhibit 2-6 0 Common Area HOA Maintained Landscape 10 Private Yard 11 Community Recreation Area - Refer to Enlargement, Exhibit 2-5 1Q City Owned Property 13 Decomposed Granite Loop Trail 14 Enhanced Vehicular Paving Exhibit 6-2 Windward Specific Plan Residential Landscape Plan City of Huntington Beach am I I I hfq vl fUT11 7 7,,-�. , MILIF" 4 Opt LEGEND 10 Existing Landscape Q) Chaise Lounges G3 Gated Entry ® Fireplace with Hearth and Seating Area BBQ Station © PicnicTables Windward Specific Plan City of Huntington Beach 0 Pool Equipment Enclosure with Exterior Access Gate ® Restmom Building with Shower 09 Pool Fence Enclosure 10 Pool with Single (8' x 38') Swim Lane 0 Evergreen Screen Hedge Exhibit 6-4 Community Recreation Area Plan A l l I I R)R►A NORTH 0 30 ft May 2017 WALL AND FENCE LEGEND SYMBOL DESCRIPTION ELEVATION �... Peiineter Community Block Wal • See FJevatlon'A I'moid nding and Retaining Conditions Exhibit 2-7 ..■.■..■ Side Yard Return and SmElevetlon'17 Privaq Wall or Fan Exhibit 2 7 ........ 6.0' High Tubular Metal Yew Fence on See Elevation'S' Releimp Well Exhibit 2-7 ■. ■■... ■ 6-0' High Tubuler Metal View Fence See Eievaton'C' EdiiGl2 7 Y-O' Wde Gab See Elevation'D' Exhibit 2 7 6-6' High Filaslerw'dh Cap See Elemtlon'E' Exhibit 2-7 ■ 6' Square Tubular Metal Pmtan See Elavatlon'B' Retaining wall Exhibit 27 Note: Sea Exhibit 2-71ar Well and Fence Elevatlaro Exhibit 6-5 Windward Specific Plan Wall and Fence Plan 1 1 1 1 City of Huntington Beach ,c 501 towa� e lYOB BLOOK WALL APERIMETER COMMUNITY BLOCK WALL BTAIE3M-=11W IBULAR METAL AT 4j- O.G MAX CTUBULAR METAL FENCE acuE it • I-0I' I }k BQUARE TUBULAR 4.ORB• W. TUBULAR METAL POBTAT METAL TOPABOTTOM W PAL aIOEYARO WALL OR PST PENQ Cx =DN 2' BOLIARE TUBULAR 8' O.C. MAX. METAL POST eLacKr.AP n EggRNISH(WADG ML1pMi FgIMPOET tsmTRKRAMMETAL ON WALL PCWM AT4} Or- MAX RETANINO WAl1 BTUBULAR STEEL VIEW FENCE ON RETAINING WALL SCALE LV-Ta a POBT VINYL ORMI D SIDEYARD RETlJF2N AND GATE ar�,LEX' • P� iB• BOVMEBLOCK PRAa1ER IB' 89.a TUBULAR METAL PL4UMETER FENOE RETAINING WILL PRWAOY WALL •-,A- OR FENLE 0 LF BETA NING WALL G � IracL f�QI{ P W/ YEW EPERIMETER PILASTER M AIt>.•=,� Exhibit 6-6 Windward Specific Plan Wall and Fence Elevations City of Huntington Beach lu r - a- II I �II I� Il � � l► ll c Yli 1 �I � ITT TT11 M� ;��� F' 4 wide PuhicSldewek Td FM --- Windward Specific Plan City of Huntington Beach B Wid% K Do-q-ed GrwbTndI Snell SmWQs Dommpdeed GreniteTdl Tlbulr Alelal NIM Gra Fen cam Thl Fence RaiiN wall ... . (9M kloc Hd¢R) Troi ri'Ma*d Rv*wW Mo Gmeee SECTION A A WALE =TT VkwFrcem ReprkiingWiFl BkJeYerG •E. Edd Chen UnkFinm RaMN A. Hm phi Vries 19' d' Vorlm Mk*mm Memdeft 18TO TMI 9d Re&%bM a CIYPMP" R AperUnartSle SECTION s-a Nae -Ta Exhibit 6-7 Trails Plan and Section A I I I I icx A rorsrn o loon uermv 4 6. Appendices Table 6-1 F- Residential Landscape Plant Palette Botanical Name Common Name Arbutus unedo Strawberry Tree Archontophoenix cunninghomiano King Palm Brachychiton populneus Bottle Tree Citrus species Citrus Cocos plumosa Queen Palm Feijoa sellowiana Pineapple Guava Ficus florida Florida Fig Ficus nitida 'Green Gem' Indian Laurel Fig —Green Gem Ginkgo biloba Maidenhair Tree Lagerstroemia species Crape Myrtle Magnolia grandiflora SPP. Southern Magnolia Metrosideros excelsus New Zealand Christmas Tree Phoenix conoriensis Canary Island Date Palm Phoenix dactylifera Date Palm Platanus racemosa California Sycamore Podocarpus gracilior Fern Pine Prunus coroliniana Carolina Laurel Cherry Tristania conferta Brisbane Box Agave arnericana Century Plant Agave attenuate Fox Tail Agave Agave shawii Shaw's Agave Aloe arborescens Tree Aloe Aloe vera Medicinal Aloe Buxusjoponica Japanese Boxwood Camellia japonica Camellia Campanula poscharskyana Serbian Bellflower Carex spissa San Diego Sedge Carissa macrocarpa 'Fancy' Natal Plum April 2018 6'12 W I N DWARD 6. Appendices Residential Landscape Botanical Ceanothus gloriosus 'Point Reyes' Plant Palette Point Reyes Ceanothus Ceanothus griseus var. 'Yankee Point' Yankee Point Ceanothus Clivia miniata Kaffir Lily Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Crossula argentea Jade Plant Cyathea cooperi Australian Tree Fern Dicksonia ontarctica Tasmanian Tree Fern Dietes vegeta Fortnight Lily Dodonaea viscose Hopseed Bush Escallonia frodesii' Pink Escallonia Grevillea 'Noellii' Grevillea Hebe buxifolia Boxleaf Hebe Helictotrichon sempervirens Blue Oat Grass Hemerocallis hybrid 'Mountain Violet' Daylily Hemerocallis hybrids Evergreen Daylily Kniphofia uvaria Red Hot Poker Lantana sellowiana Trailing Lantana Lavandula pedunculata 'Atlas' Spanish Lavender Ligustrum japonicum Japanese Privet Ligustrum japonicum 'Texanum' Waxleaf Privet Miscanthus sinensis 'Yakushima' Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lindheimer's Muhly Grass Muhlenbergia rigens Deer Grass Myoporum 'Pacificum' NCN Myoporum parvilfolium NCN Nephrolepis exaltata Sword Fern Nolina bigelovii Bigelow's bear grass Philodendron selloum Big Leaf Philodendron Phoenix roebelenii Pigmy Date Palm Phormium tenax New Zealand Flax Pittosporum crassifolium 'Nana' Dwarf Karo Pittosporum tobira Mock Orange Podocarpus spp. Fern Pine Rhaphiolepis indica India Hawthorn Rosmarinus officinalis Rosemary Schefflera actinophylla Schefflera Schefflera actinophylla Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum Blue-eyed grass Solanum xantii Purple Nightshade Strelitzia nicolai Giant Bird of Paradise Strelitzia reginoe Bird of Paradise April 2018 6-13 W( N DVVAP,1 J 6. Appendices Residential Landscape Botanical Trachelospermum jasminoides Plant Palette Star Jasmine Viburnum suspensum Sandankwa Viburnum Westringia fruticosa Coast Rosemary Xylosma congestum 'Compacta' Xylosma Xylosma congestum 'Ed Dorado' Dwarf Xylosma Yucca filamentosa 'Variegata' Variegated Yucca Yucca species Yucca COMMUNITY — HOA MAINTAINED —VINES Bougainvillea spp. Bougainvillea Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood -Red Trumpet Vine Grewia occidentalis Lavender Starflower Pandorea jasminoides Bower Vine Rosa banksiae'Alba Plena' Climbing Rose Trachelospermum jasminoides Star Jasmine COMMUNITY — HOA MAINTAINED.- GROUNDCOVER Armeria martima Common Thrift Baccharis pilularis 'Pigeon Point' Coyote Bush Dymondia margaretae Silver Carpet Festuca ovina glauca Blue Fescue Lantana sellowiana Trailing Lantana Senecio mandraliscae Blue Chalksticks Verbena hybrida Garden Verbena COMMUNITY— HOA MAINTAINED —TURF Marathon ll'FestucaArundinacea' Dwarf Tall Fescue April 2018 6-14 WINDWARD 6. Appendices Residential Landscape Plant Palette ��Botanical Name Common Name PRIVATE RESIDENTIAL LOTS - TREES Acer macrophyllum Big Leaf Maple Acer negundo var. californicum California Box Elder Acer palmatum Japanese Maple Aesculus californica California Buckeye Arbutus unedo Strawberry Tree Arctostaphylosglauca Bigberry Manzanita Arctostaphylos insuloris Island Manzanita Brachychiton populneus Bottle Tree Ceratonia siliqua Carob Cercis occidentalis Western Redbud Cinnamomum camphora Camphor Tree Citrus species Citrus Dicksonia Antarctica Tree Fern Eriobotrya deflexa Bronze Loquat Eriobotrya japonica Loquat Feijoa sellowiana Pineapple Guava Ficus florida Florida Fig Ficus nitida 'Green Gem' Indian Laurel Fig — Green Gem Ficus rubiginosa Rustyleaf Fig Fraxinus dipetala California Ash Ginkgo biloba Maidenhair Tree Juglans californica California Black Walnut Lagerstroemia indica Crape Myrtle Lagerstroemia species Crape Myrtle Lauris nobilis Grecian Laurel Liriodendron tulipfera Tulip Tree Lyonthamnus floribundus ssp. Asplenifolius Fernleaf Ironwood Macadamia integrifolia Macadamia Nut Magnolia grandiflora Southern Magnolia Maytenus boaria Mayten Tree Melaleuca nesophila Pink Melaleuca Melaleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Pistacia chinesis Chinese Pistache Pittosporum undulatum Victoria Box Platanus racemosa California Sycamore Plumeria rubra Egyptian Starcluster Podocarpus gracilior Fern Pine Prunus caroliniana Carolina Laurel Cherry Ptelea crenulata California Hoptree Rhus integrifolia Lemonade Berry April 2018 6-15 WIN DWARD 6. Appendices Residential Landscape Botanical Rhus lancea Plant Palette African Sumac Rhus laurina Laurel Sumac Sambucus mexicana Mexican Elderberry Tabebuia chrysotricha Golden Trumpet Tree Tabebuia impetiginosa Pink Trumpet Tree Tabebuia ipe Trumpet Tree Tristania conferta Brisbane Box Tristania laurina NCN Tupidanthus calyptratus Tupidanthus PRIVATE RESIDENTIAL LOTS -SHRUBS Abelia grandiflora 'Edward Goucher' Abelia Abutilon 'Moon Chimes' Parlor Maple Achillea millefolium var. californica Western yarrow Agapanthus africanus Lily -of -the -Nile Agave attenuota Foxtail Agave Agave shawii Shaw's Agave Agave vilmoriniona Octopus Agave Aloe arborescens Tree Aloe Aloe Vera Medicinal Aloe Alyogyne huegelii Blue Hibiscus Armeria martima Common Thrift Asclepias speciose Showy milkweed Aster chilensis California Aster Baccharis pilularis'Pigeon Point' Coyote Bush Baccharis pilularis 'Twin Peaks #2' Dwarf Coyote Bush Baccharis pilularis 'Twin Peaks' Coyote Bush Prostrate Baccharis salicifolia M u lefat Begonia 'Richmondensis' Richmond Begonia Bergenia cordifolia Winter Saxifage Bougainvillea 'Tahitian Maid' Double Bougainvillea Calystegia macrostegia California Morning Glory Camellia japonica Camellia Campanula portenschlagiona Dalmatian Bellflower Campanula poschorskyana Serbian Bellflower Carex spissa San Diego Sedge Carissa macrocarpa Green Carpet Natal Plum Carissa macrocarpa 'Fancy' Natal Plum Castilleja foliolosa Wooly Indian paintbrush Ceanothus spp. Ceanothus Cerastium tomentosum Snow -in -Summer Cercis occidentalis Western Redbud Chrysanthemum leucanthemum Oxeye Daisy April 2018 6-16 6. Appendices Residential Landscape Botanical Cistus hybridus Plant Palette White Rockrose Cistus incanus ssp. Corsicus NCN Cistus purpereus Orchid Spot Rockrose Cistus solviifolius Sageleaf Rockrose Cistus x purpereus Orchid Rockrose Clivia miniota Kaffir Lily Comarostaphylis diversifolia Summer Holly Conolvulus cneorum Bush Morning Glory Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Coreopsis gigantea Giant coreopsis Coretherogyne filaginifolia California aster Cotoneaster oprneyi NCN Cotoneaster buxifolius NCN Crassula argentea Jade Plant Crassula argentea 'Crosby' Miniature Jade Plant Crassula ovato Jade Tree Cuphea hyssopifolia False Heather Delosperma cooperi Hardy Ice Plant Dendromecon rigida Bush Poppy Dietes vegeta Fortnight Lily Dodonaeo viscose Hopseed Bush Dudleya abramsil spp. murina San Luis Obispo Dudleya Dudleya caespitoso Coast Dudleya Dudleya edulis San Diego Dudleya Dudleya hassei Catalina Island Live Forever Dudleya lanceolata Lanceleaf Liveforever Dudleya pulverulenta Chalk Liveforever Erigeron karvinskianus Santa Barbara Daisy Eriogonum orborescens Santa Cruz Island Buckwheat Eriogonum giganteum St. Catherine's Lace Eriophyllum confertiflorum Golden Yarrow Escallonia frodesii' Pink Escallonia Escallonia species Escallonia Varieties Eschscholzia californica California Poppy Feijoo sellowiana Pineapple Guava Frongula californica California Coffeeberry Fuchsia 'Gortenmeister Bonstedt' Honeysuckle Fuschia Galvezia speciose Island snapdragon Gardenia jasminoides Gardenia Garrya elliptica James Reef Silk Tassel Grevillea 'Noellii' Grevillea Grewia occidentalis Starflower April 2018 6-17 WINDIN/kRD 6. Appendices Residential Landscape Botanical Hardenbergia comptoniana Plant Palette Lilac Vine Helictotrichon sempervirens Blue Oat Grass Hemerocallis hybrid 'Mountain Violet' Daylily Heteromeles arbutifolia 'Davis Gold' Toyon Heuchera 'Autumn Leaves' Coral Bells Heuchera 'Purple Palace' Alum Root Heuchera maxima Channel Islands Coral Bells Hibiscus spp. Hibiscus Holodiscus discolor Ocean spray Hypericum calycimum Aaron's Beard Iris douglasiana Douglas Iris Jasminum nudiflorum Winter Jasmine Kniphofia uvaria Red Hot Poker Lantana camara cultivars Yellow Sage Lantana camara montevidensis Trailing Lantana Lantana sellowiana Trailing Lantana Lavandula dentata French Lavender Lavandula pedunculata'Atlas' Spanish Lavender Lepechinia fragrans Island Pitcher Sage Leptospermum lae. 'Vigatum' Australian Tea Tree Leucophyllum frutecens Texas Ranger Ligustrum japonicum Japanese Privet Limonium perezii Sea Lavender Liriope "SilverySunproof Monkey Grass Lonicera joponica'Halliana'Hall's Japanese Honeysuckle Lonicera subspicata Wild Honeysuckle Lonicera subspicata var. denudata Chaparral Honeysuckle Mahonia aquifolium 'Golden Abundance' Golden Abundance Oregon Grape Mahonia nevenii Nevin Mahonia Malacothamnus fasciculatus Chaparral Mallow Miscanthus sinensis 'Yakushima' Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lindheimer's Muhly Grass Myoporum 'Pacificum' NCN Myoporum debile NCN Myoporum parvilfolium NCN Myrtus communis True Myrtle Nephrolepis exaltata Sword Fern Nerium Oleander Oleander Nolina bigelovii Bigelow's bear grass Nolina cismontane Chapparal Nolina Nolina species Mexican Grasstree Opuntia littoralis Prickly Pear April 2018 6-18 WINDWARD 6. Appendices Residential Landscape Botanical Opuntia oricola Plant Palette Oracle Cactus Osteospermum fruticosum Trailing African Daisy Pachysandra terminalis Pachysandra Paeonia californica California Peony Penstemon heterophyllus Margarita Bop' Blue Bedder Penstemon heterophyllus var. australis Foothill Penstemon Penstemon spectabilis Showy Penstemon Pentas lanceolate Egyptian Starcluster Philadelphus lewisii Lewis' mock orange Philodendron selloum Big Leaf Philodendron Phormium tenax New Zealand Flax Photinia x fraseri Fraser's Photinia Pittosporum crassifolium 'Nana' Dwarf Karo Pittosporum tobira Mock Orange Prunus caroliniana Carolina Cherry Laurel Prunus illcifolia Hollyleaf Cherry Prunus lyonii Catalina Cherry Punica granatum Pomegranate Pycanthemum californicum Mountain Mint Quercus berberdifolia California Scrub Oak Quercus dumosa Coastal Scrub Oak Rhamnus calfornica Coffeeberry Rhaphiolepis indica Indian Hawthorn Rhus integrifolia Lemonade Berry Rhus ovata Sugarbush Ribes oureum var. gracillimum Golden Currant Ribes indecorum White Flowering Currant Romneya coulteri Matilija Poppy Romneya coulteri 'White Cloud' White Cloud Matilija Poppy Rosmarinus officinalis Rosemary Rumohra adiantiformis Leatherleaf Fern Salvia 'Bee's Bliss' Bee's Bliss Sage Salvia alpiono White Sage Salvia clevelandii winifred 'Gilman' Cleveland Sage Salvia greggii Autum Sage Salvia sonomensis Creeping Sage Salvia spothacea Hummingbird Sage Sambucus mexicana Mexican Elderberry Santolino cha. 'Nana' Lavendar Cotton Santolina virensn Green Lavender Cotto Saturejo chandleri San Miguel Savory Schefflera actinophylla Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum California Blue-eyed grass April 2018 6-19 WfNDWf�RD ';`, 6. Appendices Residential Landscape Botanical Solanumxantii Plant Palette Purple Nightshade Solanum xantiiPurple Nightshade Solidago velutina ssp. colifomka California Goldenrod Stachys bullato Hedge Nettle Strelitzia nicolai Giant Bird of Paradise Strelitzia reginae Bird of Paradise Teucrium fruticons and cultivors Bush Germander Thalictrum fendleri var. polycarpum Mountain Meadow Rue Thuja occidentalis 'Globoso' White Cedar Trachelospermum asiaticum Ivory Star Jasmine or Asian Jasmine Trachelospermum jasminoides Star Jasmine Tulbaghia violacea Society Garlic Venegasia corpesioides Canyon Sunflower Viburnum suspensum Sandankwa Viburnum Viguiera Iociniata San Diego Sunflower Xylosma congestum Shiny Xylosma Xylosma congestum 'Compacts' Xylosma Xylosma congestum 'Ed Dorado' Dwarf Xylosma Yucca baccata Banana Yucca Yucca filamentosa 'Voriegata' Variegated Yucca Yucca rigida Blue Yucca Yucca Species Yucca Yucca whipplei Yucca Zauschneria colifornica 'Catalina Island' California Fuchsia Zephyronthes condida Autumn Zephyrlily PRIVATE RESIDENTIAL LOTS - VINES Bougainvillea spp. Bougainvillea Calliandra haematocephala Pink Powder Puff Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood -Red Trumpet Vine Grewia occidentalis Lavender Starf lower Hardenbergia violacea Hardenbergia Macfadyena unguis-cati Cat's Claw Mandevilla splendens Alice du Pont Mascagnia macroptera Golden Vine Pandorea jasminoides Bower Vine Parthenocissus tricuspidata Boston Ivy Rosa banksiae `Alba Plena' Climbing Rose Trachelospermum jasminoides Star Jasmine PRIVATE RESIDENTIAL LOTS - GROUNDCOVER Aptenia cordifolia x Red Apple Strawberry Armeria martima Common Thrift April 2018 6-20 WINDWARD ` 6. Appendices Residential Landscape Plant Palette Botanical Artemisia caucasica Caucasian Artesmisia Baccharis pilularis Dwarf Coyote Bush Baccharis pilularis'Pigeon Point' Coyote Bush Baccharis pilularis'Twin Peaks #2' Dwarf Coyote Bush Baccharis pilularis'Twin Peaks' Coyote Bush Prostrate Cistus crispus NCN Corea pulchella Australian Fuscia Coresopsis lancelata Coreopsis Crassula lacteal NCN Crassula multicava NCN Crassula tetragona NCN Delosperma'alba' White Trailing Ice Plant Dimorphotheca aurantiaca African Daisy Drosanthemum floribundum Rosea Ice Plant Drosanthemum hispidum NCN Drosanthemum speciosus Dewflower Dymondia margaretae Silver Carpet Festuca ovina glauca Blue Fescue Fragaria chiloensis Wild Strawberry/Sand Strawberry Gazania 'Copper King' Gazania Gazania 'Moonglow' Gazania Gazania hybrid 'Mitsua Yellow' Semi -trailing Yellow Gazania Gazania hybrids South African Daisy Gazania rigens leucolaena Trailing Gazania Hedera canariensis English Ivy Iberis sempervirens Evergreen Candytuft Iberis umbellatum Globe Candytuft Lampranthus filicaulis Redondo Creeper Lampranthus spectabilis Trailing Ice Plant Lamprathus aurantiacus Bush Ice Plant Lantana sellowiana Trailing Lantana lasthenia californica Dwarf Goldfields Lupinus arizonicus Desert Lupine Lupinus benthamii Spider Lupine Lupinus bicolor Sky Lupine Lupinus sparsiflorus Loosely flowered Annual Lupine/ Coulter's Ophiopogon 'Nigrescens Black' Black Mondo Grass Ophiopogon japonicus Mondo Grass Osteospermum 'Buttermilk' Osteospermum Osteospermum fru. 'African Queen' Trailing African Daisy Osteospermum fru. 'Burgundy' Trailing African Daisy Osteospermum fru. 'Whirligig' Trailing African Daisy Osteospermum fruticosum Freeway Daisy April 2018 6-21 WINDWARD J l 6. Appendices Residential Landscape Botanical Osteospermum fruticosum 'Hybrid White' Plant Palette Freeway Daisy Pelargonium peltatum Ivy Geranium Pratia pedunculata Star Creeper Sagina subulata Irish Moss Sagina subulata'Aurea' Scotch Moss Santolina cha. 'Nana' Lavendar Cotton Verbena hybrida Garden Verbena Verbena peruviana species Verbena Viola hederacea Australian Violet PRIVATE RESIDENTIAL LOTS - SUCCULENTS Aeonium 'Kiwi' Kiwi Aeonium Echeveria agavoides 'Red' Red Edge Echeveria Echeveria elegans Mexican Snowball Echeveria imbricate Hens and Chicks Kalonchoe thyrisiflora Paddle Plant Sedum pachyphyllum Stonecrop Sedum rubrotinctum Pork and Beans Senecio mandraliscae Blue Chalksticks PRIVATE RESIDENTIAL LOTS - TURF Marathon 11 'Festuca Arundinaceo' Dwarf Tall Fescue Turf A-G Sod Farms Inc. - Elite Plus PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES Adenostoma fosciculatum Chamise Adenostoma sparsifolium Red Shanks Aegilops triuncialis Barbed Goatgrass Ageratina adenophora Crofton Weed Ailanthus altissima Tree Of Heaven Alhagi pseudalhagi Camel Thorn Ammophila arenaria European Beachgrass Anthemix cotula Mayweed Arctotheca calendula Capeweed Artemisia californica California Sagebrush Arundo donax Giant Reed Atriplexsemibaccato Australian Saltbush Avena borbata Slender Oat Avena fatua Wild Oat Bassia hyssopifolia Fivehorn Smotherweed Bellardia trixago Mediterranean Lineseed Brachypodium distachyon Purple False Brome Brassica nigra Black Mustard Brassica rapa Wild Turnip, Yellow Mustard, Field Mustard April 2018 6-22 WINDWARD 6. Appendices Residential Landscape Botanical Brassica tournefortii Plant Palette Asian Mustard Bromus diandrus Ripgut Brome Bromus rubens Red Brome Bromus tectorum Cheatgrass Cardaria cholapensis Lenspod Whitetop Cardaria draba Hoary Cress, Perennial Peppergrass Cardaria draba Whitetop Carduus pycnocephalus Italian Plumeless Thistle Corpobrotus edulis Hottentot Fig Centaurea calcitrapa Purple Starthistle Centaurea masculosa Spotted Knapweed Centaurea melitensis Maltese Star -Thistle Centaurea solstitialis Yellow Star -Thistle Cirsium arvense Canada Thistle Cirsium vulgare Wild Artichoke, Bull Thistle Conicosia pugioniformis Narrow -Leaved Iceplant Conium maculatum Poison Hemlock Conyza conadensis Horseweed Cortaderia jubata Purple Pampas Grass Cortaderia selloana Pampas Grass Cotoneaster lacteus M ilkflower Cotoneaster Cotoneaster pannosus Silverleaf Cotoneaster Crataegus monogyna Oneseed Hawthorn Crupina vulgaris Common Crupina Cynara cardunculus Artichoke Thistle Cytisus scoparius Scotchbroom Cytisus striatus Striated Broom Deloirea odorata Capeivy Egeria densa Brazilian Waterweed Ehrharta calycina Perennial Veldtgrass Ehrharta erecta Panic Veldtgrass Eichhornia crassipes Common Water Hyacinth Elaeagnus angustifolia Russian Olive Erechtites glomerata Cutleaf Burnweed Erechtites minima Coastal Burnweed Eriogonum fasciculatum Common Buckwheat Eucalyptus globulus Tasmanian Bluegum Euphorbia esula Leafy Spurge Festuca arundinacea Tall Fescue Ficus carica Edible Fig Foeniculum vulgare Sweet Fennel Genista monspessulana French Broom Hologeton glomeratus Saltlover April 2018 6-23 W I N IMAW 6. Appendices Residential Landscape Plant Palette Botanical Hedera helix English Ivy Helichrysum petiolare Strawflower Heterotheca grandiflora Telegraph Plant Holcus lanatus Common Velvetgrass Hydrilla verticillata Hydrilla Hypericum perforatum St. John's Wort Ilex aquifolium English Holly Iris pseudocorus Paleyellow Iris Lactuca serriola Prickly Lettuce Lepidium latifolium Broadleaved Pepperweed Leuconthemum vulgare Oxeye Daisy Lolium perenne Perennial Ryegrass Lupinus arboreus Yellow Bush Lupine Lythrum salicaria Purple Loosestrife Mentha pulegium Pennyroyal Mesembryanthemum crystallinum Common Iceplant Myoporum laetum Ngaio Tree Myriophyllum aquaticum Parrot Feather Watermilfoil Myriophyllum spicatum Eurasian Watermilfoil Nicotiana bigelevil Indian Tobacco Nicotiona glauca Tree Tobacco Oleo europaea Olive Ononis alopecuroides Foxtail Restharrow Pennisetum setaceum Crimson Fountaingrass Phalaris aquatica Bulbous Canarygrass Potamogeton crispus Curly Pondweed Retama monosperma Bridal Broom Ricinus communis Castor Bean Plant Robinia pseudoacocia Black Locust Rubus discolor Himalayan Blackberry Socsola austails Russian Thistle/Tumbleweed Salvia mellifera Black Sage Salvinia molesta Giant Salvinia Sapium sebiferum Chinese Tallow Tree Saponaria officinalis Bouncingbet Schinus molle Peruvian Peppertree Schinus terebinthifolius Brazilian Peppertree Schismus arabicus Arabian Schismus Schismus barbatus Common Mediterranean Grass Senecio jacobaea Tansy Ragwort Sesbania punicea Rattlebox Silybum marianum Milk Thistle Spartina alterniflora Smooth Cordgrass April 2018 6-24 WINDWARD 6. Appendices Residential Landscape Botanical Spartina anglica Plant Palette Common Cordgrass Spartina densiflora Denseflower Cordgrass Spartina patens Saltmeadow Cordgrass Spartium junceum Spanish Broom Taeniatherum coput-medusae Medusahead Tamarix chinensis Fivestamen Tamarisk Tamarix gallica French Tamarisk Tamarix parviflora Smallflower Tamarisk Tamarix ramosissima Saltcedar Ulexeuropaeus Common Gorse Urtica urens Burning Nettle Verbascum thapsus Common Mullein Vinca major Bigleaf Periwinkle PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES - ORNAMENTAL Corraderssp Pampas Grass Cupressus sp Cypress Eucalyptus sp Eucalyptus Juniperus sp Juniper Pinus sp Pine PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES - PALMS Brahea armata Mexican Blue Palm Brahea brandegeei San Jose Hesper Palm Brahea edulis Guadalupe Palm Butia copitata Pindo Palm Caryota cummingff Himalayan Fish Tail Palm Caryota urens Himalayan Fish Tail Palm Chamaedorea eerumpens Bamboo Palm Chamaedorea humilis Mediterranean Fan Palm Cycas revoluta Sago Palm Trachycarpus fortunei Windmill Palm Washingtonia filifera California Fan Palm Washingtonia robusta Mexican Fan Palm April 2018 6-25 WINDWARD 6. Appendices 6.3 Infrastructure 6.3.1 Circulation Vehicular access to the Windward Community is from two access drives along Bolsa Chica Street (see Exhibit 6-9, Circulation Plan). The southern access is located across from existing Sandover Drive. The northern access is right in/right out only due to the existing median in Bolsa Chica Street. A private street system provides access to each of the housing units. Roadways within the Windward Community shall be a minimum 24-feet in width (see Exhibit 6-10, Street Sections). Vehicular turnarounds are provided at the north and south ends of the private streets. The parkway on the east side of Bolsa Chica Street will be improved with a pedestrian sidewalk which will allow access from Los Patos Avenue to the southern boundary of the Windward Specific Plan Area. 6.3.2 Grading Plan The Grading Plan for the Windward Residential Parcel is illustrated on Exhibit 6- 11, Grading Plan, which shows spot elevations for roads and finish floor elevations. The entire grading operation will be completed in one phase. Exhibit 6-12, Cut and Fill Plan, identifies the proposed Cut and Fill for the grading operations. April 2018 6-26 _j Turn -Around Los Patos Avenue \� E U 28' N M B 37 Guest b Parking Spaces N ('7 D a� Sandover I N Drive a � D 'o co Turn -Around LEGEND Residential Circulation & Parking A Section Line (See Figure 2-12 Street Sections) Windward Specific Plan Exhibit 6-9 Circulation Plan City of Huntington Beach NI I I ,loft F�1 PATIO w PARES HOUSE 2 PARKING DAERHANG Upm 1ba LNG nom (RAN 1) e so Soiuce: Stantec 1FM Wa 1174R Nlla m M 2 —UFM "LM 4 1 c s1 T �° S WPcx tLYi1 NA11G uppm Im UAG 45 4'/G' DEPENDING >roCE UUM 1) M mm 1) 8 SW ON PLAN TYPE 2' Sw GARAGE ly 2e' TRAM WAY 2' P 4 TRAVEL WAY (�} 4 PARKNG STALL OVER1 MG 17 28' TRAM! WAY 4'/6' OEPENfMNG ,E GARAGE GARAGE ,IMSE = PARgNG STALL ON PLAN TYPE =3 1 FL 1X FL Tx FIL Is 4' mm W►UY Wm 4" SF® On 6• f� WLIEY G11TIE71 4" !ED mm PER Fem Cm C44{B RD !10 4" SF® CM SECTION A -A SECTION B-8 SECTION C-C Nil— NIS NTS U PM UNEL LWS %%a ORM O TPAVEL WITH TO � � ,1) D(MNG LAINDSCAPE TO DE 1� 0. 1NN5 POINT PRDIECTED UNLESS IN 24' 1� Oi�IS PNOpO EKED i —7RA1a t1G4Y CJ 4 easl araN m _ m RfR S' HIGH IAX PR. 8' 3 GARAGE TUB FENCEETAL VARIES _ 30. T3' T5 ..m, a nMam7D FL PR. 5' HOUSE PM TRAIL FENCE ne wrt 1X SW U.5 TO 4,V GPEN EX CINR t 7 RETAINING WALL SAKE 4, RX0 aye CURER _ EX FG 31' PER CARL STD N6 SECTION D-D SECTION t-E SECTION F-F V ROLLED CURB 4' SHED CURB NIB NTS Km No Exhibit 6-10 Windward Specific Plan Street Sections City of Huntington Beach � 0 �� n ..11 Windward Specific Plan City of Huntington Beach. Exhibit 6-11 Grading Plan A l l I I NORTH NOT TO SCALE May 2017 I- W w I- y Q U_ U a y J 0 m Source: Stantec 1. SAME ASSUMPTION USED FOR SHRINKAGE AS USED FOR THE SRIGHIWATER PROJECT EARiFM10RK ANALYSIS PERFORMED IN SEPTEMBER 2013. 2. BASED ON EXISTING TOPO GATED FEBRUARY 2007. 3. PROPOSED SURFACE GASSED ON CONCEPTUAL GRADING PLAN DATED JUNE 15. 2016, Exhibit 6-12 Windward Specific Plan Cut and Fill Plan City of Huntington Beach NORTH N T TO I E F� WINDWARD 6. Appendices 6.3.3 Drainage Plan The Drainage Plan for the Windward Residential Parcel is illustrated on Exhibit 6- 13, Storm Drain, Water, and Wastewater Plan. It shows a proposed storm drain line located within the Windward Residential Parcel private roadway system which will connect to an existing storm drain within Bolsa Chica Street. Two catch basins will be constructed to capture storm runoff within the development and prevent it from discharging into the adjacent open space areas. Once it is collected on -site, the drainage from the Windward Residential Parcel will be conveyed to an existing storm drain in Bolsa Chica Street that is part of the drainage system for the neighboring Brightwater community. The Windward Community will utilize Brightwater's Coastal Commission -approved (CDP 5-05- 20) storm drain system which uses a state of the art filtration system (STORMFILTER) to treat runoff before it is discharged into the Bolsa Chica lowlands. The system uses storm drain pipes to convey runoff to an underground concrete structure where it flows through a number of media filter cartridges that remove pollutants from the water before discharging it. The entire drainage area for the Windward Residential Parcel was included in the design of the Brightwater storm drain system so there is sufficient capacity in the system to accommodate flows from the Windward Residential Parcel. The Best Management Practices (BMPs) included in the Brightwater Water Quality Management Plan were also designed to treat runoff from the Windward Property. An amendment to the Brightwater Water Quality Management Plan (WQMP) to incorporate the Windward Residential Parcel development will be submitted to the City. 6.3.4 Domestic Water Plan The Water Plan for the Windward Community is depicted on Exhibit 6-13, Storm Drain, Water, and Wastewater Plan. It indicates both the backbone water and fire lines and backflow devices that will be constructed as part of the residential development. The proposed Windward Community water system will connect to an existing 8-inch City water main along Bolsa Chica Street. The on -site water pipelines will be installed to provide the flows required for residential development and occupancy. The Windward Community will have one master domestic water meter. The domestic water line will be public up to the master water meter located within the Bolsa Chica Street right-of-way and will be private beyond the water meter. A backflow device will be set back from the property line based on City requirements and screened from view. April 2018 6-31 WINDWAM) 6. Appendices A separate fire service will be provided for private fire hydrants as the Huntington Beach Fire Department does not allow fire hydrant connections to private domestic water lines. The fire line will have a separate backflow preventer. The fire line will be public up to the backflow preventer located within the Bolsa Chica Street right-of-way and private beyond. The onsite fire hydrants will be private. The backflow preventer will be set back from the property line based on City requirements and screened from view. The public domestic water and fire water improvements will be constructed to meet City Water Division Standards and Fire Department's codes, standards, and specifications. The landscape area along the east side of Bolsa Chica Street is currently being maintained by the Brightwater Maintenance Corporation as per License Agreement executed with the City by Signal Landmark. The improvements covered by this agreement include landscaping (irrigation systems and plant material) as well as the entry monumentation. If the Acquisition Alternative occurs, Brightwater Maintenance Corporation will continue to maintain the landscape area along the east side of Bolsa Chica. If Alternative 2 occurs (i.e., development of the Windward Residential Parcel), the HOA formed for the Windward Community will be responsible for the maintenance of this landscape area and the License Agreement with the City will be amended accordingly. 6.3.5 Wastewater Plan The Wastewater Plan for the Windward Community is depicted Exhibit 6-13, Storm Drain, Water, and Wastewater Plan. It indicates the backbone sewer lines that will be constructed as part of the residential development. These lines will connect to existing sewer lines within Bolsa Chica Street, which have been sized to service this project. 6.3.6 Utilities and Services It is anticipated that utility services for the Windward Community initially will be provided by Southern California Edison (SCE), Southern California Gas Company (SCG), Verizon (for telephone), and Time -Warner Cable (for television/computer cable modem) or their respective successor company, if ownership of their assets and/or management should resources change hands. Electrical, gas, telephone, and Cable TV facilities are all located in utility easements adjacent to Los Patos Avenue and the Sandover project. Trash service initially will be provided by Republic Services. April 2018 6-32 Los Patos Avenuero - �. �. �.�-�.......�.�.�..�.�. �..�.�.....i � � I Proposed Fire Hydrant (Private) i I I 4 Public Water — Line to Meer �„ I �QI) 5. San MI Driv_ Drive = � ■ U Proposed — 1 Fire Hydrant 1 (Private) Public F re Water Li TE .�.�..�.�.�.�.�.�.�.�.�.�.�.�. to ROW I I I ' i Source: Stan:Ec LEGEND �� FJ Existing Storm Drain Line Existing Water Line �/� Existing Sewer Line Proposed Fire Water Line (Private) Proposed Storm Drain Line Proposed Water Line 1/ J Proposed Sewer Line 1/� Proposed Fire Water Line (Private) (Public) 0 Catch Basin Proposed Water Line Proposed Sewer Manhole Proposed Fire Water (Public) Backflow Device Proposed Domestic Water Backflow Device Exhibit 6-13 Windward Specific Plan Storm Drain, Water and Wastewater Plan City of Huntington Beach NI I I 1004 F°RN W[NDWAN) 6. Appendices 6.4 Adopted Mitigation Measures (TO BE PROVIDED UPON ADOPTION BYTHE CITY OF HUNTINGTON BEACH) April 2018 6-34 Exhibit E Amended Zoning Mgp Legend RL: Residential Low Density RMH: Residential Medium High Density SP-15: Specific Plan 15 (Brightwater) SP-16: Specific Plan 16 (Windward) CC: Coastal Conservation CZ: Coastal Zone Overlay Res. No. 2017-18 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on May 21, 2018 by the following vote: AYES: O'Connell, Posey, Delgleize, Brenden NOES: Hardy ABSENT: Semeta, Peterson RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #6 ----Jl ORDINANCE NO.4135 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SIGNAL LANDMARK (DEVELOPER) . (DEVELOPMENT AGREEMENT NO. 16-001) WHEREAS, the Planning Commission approved Conditional Use Permit No. 16- 035, Coastal Development Permit No. 16-018, and Tentative Tract Map No. 18060 to develop an approximately 2.5-acre property located at 17202 Bolsa Chica Street (Property) with 36 townhome units with a 3,800 square feet of resident recreation area (Project) pursuant to the Windward Specific Plan; and The City and Developer each mutually desire to enter into a Development Agreement with one another to permit and ensure that the Property is developed in accordance with the approved Conditional Use Permit No. 16-035, Coastal Development Permit No. 16-018, and Tentative Tract Map No. 18060 and the Windward Specific Plan zoning regulations to achieve the mutually beneficial development of the Property. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That the City Council hereby finds that Development Agreement No. 16-001 conforms to Government Code Section 65864 et. seq. and that: a. Development Agreement No. 16-001 is consistent with the Huntington Beach General Plan; and b. Development Agreement No. 16-001 is consistent with Chapter 246 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), the Huntington Beach Municipal Code, and the Subdivision Map Act; and c. Development Agreement No. 16-001 will not be detrimental to the health, safety and general welfare, and will not adversely affect the orderly development of the property because it is consistent with applicable land use regulations of the zoning regulations in effect at the time of project approval, mitigation measures adopted for the Project in accordance with MND 16-003, and conditions approved for Conditional Use Permit No. 16-035, Coastal Development Permit No. 16-018, and Tentative Tract Map No. 18060; and 17-5696/157322/MV 1 ORDINANCE NO. 4135 d. The City Council has considered the fiscal effect of Development Agreement No. 16-001 on the City and the effect on public open space in the Bolsa Chica area and has balanced these needs against available fiscal and environmental resources. SECTION 2: Based on the above findings, the City Council of the City of Huntington Beach hereby approves Development Agreement No. 16-001 and adopts it by this ordinance pursuant to Government Code Section 65867.5. This action is subject to a referendum. SECTION 3: This ordinance shall take effect 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 4th day of June , 2018. REVIEWED AND APPROVED: City Manager ATTACHMENTS: n Mayor ATTEST: City Clerk APPROVED AS RM: City Attorney C INITIATED AND APPROVED: Exhibit A: Development Agreement No. 16-001 17-5696/157322/MV 2 DirkCI& of &zIumunity Development RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Community Development Director SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE DEVELOPMENT AGREEMENT NO. 16-001 This Development Agreement ("Agreement") is entered into by and between the City of Huntington Beach, a municipal corporation of the State of California (the "City"), and Signal Landmark, Inc., a California corporation ("Developer"). The City and Developer shall be referred to jointly within this Agreement as the "Parties" and individually as a "Party." For the convenience of the reader, a Glossary of Defined Terms used in this Agreement follows the signature pages. RECITALS A. This Agreement is one of a series of actions by the City (collectively, the "Required Approvals") which will implement an April 2016 settlement of litigation (the "Settlement") between the City, Developer, and the Bolsa Chica Land Trust (the "BCLT") with respect to development of property described below as the "Windward Property" (see Recital E). B. The purpose of this Agreement is to provide assurances to the City, the California Coastal Commission, and the community that development of that portion of the Windward Property defined in Recital E as the "Windward Residential Parcel" cannot begin unless: 1. "Alternative 1": Both the Windward Property and the adjacent "Goodell Property" (described in Recital F below) are first made available for acquisition by the Trust for Public Lands ("TPL") as set forth in Section' 4.1; or 2. "Alternative 2": If Alternative 1 does not occur pursuant to Section 4.1, Developer has conveyed to a governmental agency or a qualifying non-profit organization entity acceptable to the City, such as, but not limited to, the BCLT3 (a "Qualifying Non -Profit 1 "Section" means a numbered section of this Agreement, unless specifically stated to refer to another document. 2 If a conveyance is made to a governmental entity, it will be made through an Irrevocable Offer of Dedication. If a conveyance is made to a non-profit entity, the conveyance may be through an instrument other than an Irrevocable Offer of Dedication, such as a grant deed, if (i) legally necessary to complete the conveyance and (ii) approved by the City. 3 If the grantee is the BCLT, the BCLT must first be approved by the City. Organization") both (i) that portion of the Windward Property defined in Recital E as the "Windward Open Space Parcel" and (ii) the Goodell Property (see Section 4.2). C. In addition, as set forth in Section 65864(b) of California's Development Agreement Statute (Government Code Sections 65864-65869.5), this Agreement will provide necessary assurances to Developer that if Alternative 1 does not occur and Alternative 2 is implemented by Developer, development of the Windward Residential Parcel "may proceed in accordance with existing policies, rules and regulations." Those "existing policies, rules, and regulations" are described and defined later in this Agreement as the "Applicable Rules." Absent these assurances, Developer cannot make the "investment in and commitment to comprehensive planning" (see Government Code Section 65864(a)) facilitated by this Agreement. D. Government Code Sections 65864 through 65869.5 and Chapter 246 of the Huntington Beach Zoning and Subdivision Ordinance (the "Zoning Code") authorize the City to enter into development agreements with the owners of legal or equitable interests in real property located within the City. E. The property subject to this Agreement is the Windward Property. Developer holds legal title to the Windward Property, which consists of approximately 5 acres, is described in Exhibit A,4 and is depicted on Exhibit B. The Windward Property is in the City, southeast of the intersection of Bolsa Chica and Los Patos. Exhibit B identifies a portion of the Windward Property as the "Windward Residential Parcel" and the remainder as the "Windward Open Space Parcel." F. Adjacent to and south of the Windward Property and in the unincorporated area of the County of Orange is the Goodell Property, which consists of approximately 6.2 acres. The Goodell Property is depicted on Exhibit B and described in Exhibit C. The City does not have jurisdiction over the Goodell Property. G. The Goodell Property is zoned, under the County of Orange, as Planned Community (PC), which allows single-family residential uses at a density of 6-12 units per acre. The City has pre -zoned 3.2 acres of the Goodell Property for single-family residential and 3 acres for open space uses. Developer holds an option to purchase legal title to the Goodell Property (the "Goodell Option"). H. Because the Goodell Property is not within the City, this Agreement is not intended to and does not regulate the use of the Goodell Property. The role of the Goodell Property as part of this Development Agreement is simply to allow Developer to convey its potential ownership interest in the Goodell Property to satisfy the conditions precedent to the development of the Windward Residential Parcel if Alternative 1 does not occur. Any 4 All references to "Exhibits" within this Agreement are references to exhibits to this Agreement unless otherwise specified. All Exhibits are incorporated as a substantive part of this Agreement. 7 conveyance of and use restrictions imposed on the Goodell Property as described in this Agreement are voluntary on the part of Developer and not the result of regulations imposed on the Goodell Property by either the City or the Coastal Commission. I. The City owns the thirty-foot strip of land located above the northerly boundary of the Development Site as shown on Exhibit "B" (the "City Property"). J. The Settlement establishes a program under which Developer and the City intend to enable either Alternative 1 or Alternative 2 (the "Settlement Program"). This Agreement is a vehicle to facilitate the following actions if Alternative 1 does not occur and Alternative 2 of the Settlement Program is implemented: 1. The conveyance of title to that portion of the Windward Property outside the Windward Residential Parcel not slated for development under Alternative 2 (the "Windward Open Space Parcel") to either a governmental agency or a Qualifying Non -Profit Organization for public access, passive recreational use, habitat enhancement, and public trail purposes, as appropriate (the "Windward Conveyance"); 2. The conveyances of the Goodell Property to either a governmental agency or a Qualifying Non -Profit Organization for public access, passive recreational use, habitat enhancement, and public trail purposes, as appropriate (the "Goodell Conveyance"); and 3. Developer's proposed medium density residential neighborhood within the "Windward Residential Parcel" (the "Development"). K. The Settlement Program and the Development are to be undertaken pursuant to the following approvals which, together, shall be referred to within this Agreement as the "Required Approvals" and which are anticipated to be sequenced as set forth in Recital L below: 1. City approvals (collectively, the "City Approvals"): a) Approval of a Local Coastal Program Amendment (the "LCPA"), consisting of (1) an amendment to the Coastal Element of the City's General Plan which functions as the Land Use Plan portion of the LCP, and (2) the "Windward Specific Plan," comprised of a Zoning Text Amendment and a Zoning Map Amendment to the Implementation Plan portion of the Local Coastal Program; b) Approval of and entry into this Agreement; c) Approval of a Coastal Development Permit (the "CDP") authorizing construction of a 36-unit townhome development and associated infrastructure and consisting of (1) a Tentative Tract Map (the "Map") subdividing the Windward Property into one numbered lot for residential development (the "Windward Residential Parcel") and 5 See Footnote 2 above. 3 one lettered lot for open space (the "Windward Open Space Parcel") and (2) a Conditional Use Permit (the "CUP") allowing the development of the Windward Residential Parcel in accordance with the development standards set forth in the Windward Specific Plan and the LCPA (or as certified with suggested modifications adopted by the City); and d) Approval of grading, building, and similar ministerial permits. 2. Coastal Commission actions (collectively, "Commission Approvals"): a) Certification of the LCPA, in accordance with the City Approvals (or with suggested modifications approved by the City); b) Approval of this Agreement to the extent, if any, required by Government Code Section 65869, including with respect to its terms regarding the acquisition, conveyance, and deed restriction of the adjacent Goodell Property; and c) In the event the City's approval of the CDP is appealed to the Coastal Commission, approval by the Commission of a coastal development permit. L. The anticipated procedural sequence for obtaining the Required Approvals and the issuance of permits allowed by the CDP is: 1. Approval by the City of the City Approvals. 2. Submittal of an application to the Coastal Commission by the City for certification of the LCPA, in accordance with the City Approvals, and any required approval of this Agreement. 3. The certification by the Coastal Commission of the LCPA and, to the extent required, if any, the approval of this Agreement. (Note: The Coastal Commission may make its approval of the LCPA subject to concurrence by the City Council with "suggested modifications" to the City's proposed LCPA.) 4. Approval by the City Council of the Coastal Commission's "suggested modifications," if any. 5. After certification of the LCPA is complete, approval by the City of the CDP or, in the event the City's approval of the CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal raises substantial issue(s) regarding conformity of the CDP with the LCP, approval by the Commission of the CDP. 6. The issuance by the City of all permits related to the CUP, the Map, and the CDP, such as grading, building, and similar ministerial permits. M. Government Code Section 65869 provides, in pertinent part, as follows: "A development agreement shall not be applicable to any development project located in an area for which a local coastal program is required to be prepared M and certified ... unless: (1) the required local coastal program has been certified as required by such provisions prior to the date on which the development agreement is entered into, or (2) in the event that the required local coastal program has not been certified, the California Coastal Commission approves such development agreement by formal commission. action." Because this Agreement is premised upon the certification of the LCPA by the Commission, the Parties recognize that it may not be "applicable" to the Development until the date that the certification of the LCPA by the Coastal Commission is final (the "Certification Date"). N. The City Council has evaluated the potential environmental impacts of the Settlement Program (the "CEQA Review") pursuant to the California Environmental Quality Act ("CEQA"). The City Council has determined that the Settlement Program will not have any new or more severe potential adverse environmental impacts than were evaluated in the CEQA Review and that no further environmental review of this Agreement or the Required Approvals is required. O. As parties to the Settlement, the Parties each have an interest in securing the objectives of the Settlement. This Agreement assures the City and the Coastal Commission that if Alternative 1 of the Settlement Program is not successful, the Development cannot proceed without completion of both the Windward and Goodell Conveyances. It also assures Developer that if it completes the Windward and Goodell Conveyances, it will have the vested right to complete the Development. P. On June 27, 2017, the Planning Commission held a duly noticed public hearing on this Agreement and recommended to the City Council that it approve this Agreement. Q. On , 2018, the City Council held a duly noticed public hearing on and approved this Agreement. R. The City Council has found that this Agreement is consistent with (i) the City's General Plan as amended by the GPA (including the Coastal Element as amended, provided that the Coastal Commission certifies the LCPA) and the Huntington Beach Zoning and Subdivision Ordinance (the "Zoning Code") in effect on the date of the first reading of the ordinance adopting this Agreement (the "Approval Date") and (ii) the Subdivision Map Act. S. For emphasis and clarification, there are three defined dates which have different meanings and purposes within this Agreement and should not be confused. They are: 1. The "Approval Date," which is the date of the first reading of City Ordinance No. approving this Agreement. (Note: That ordinance is referred to as the "Adopting Ordinance.") That date is , 2018. 5 2. The "Effective Date," which is the date on which the Adopting Ordinance becomes effective under California law. That date is thirty days after the "second reading" of the Adopting Ordinance. The Effective Date, therefore, is 12018. 3. The "Certification Date," which is the date that the certification of the LCPA by the Coastal Commission becomes final. That date is unknown at the time of the approval of this Agreement and will be determined by future events. AGREEMENT The Parties agree as follows: 1. DEFINITIONS. Defined terms that are used more than once within this Agreement are listed in the Glossary following the signature page. 2. EXHIBITS. The following attached exhibits are incorporated as a part of this Agreement: Exhibit A: Legal Description of the Windward Property Exhibit B: Depiction of the Windward Property, the Windward Residential Parcel, the Windward Open Space Parcel, the Goodell Property, and the City Parcel Exhibit C: Legal Description of the Goodell Property 3. TERM OF AGREEMENT. Subject to Section 5.1a below, the term of this Agreement starts on the day after the Effective Date and ends ten (10) years after the Certification Date (the "Term").6 For purposes of clarification, neither Party shall have any obligations under this Agreement until the Certification Date, except for (i) the performance of those acts referenced in this Agreement which, by their context, are to occur before the Certification Date and (ii) the duty of cooperation set forth in Section 12.1. 4. PUBLIC BENEFIT. As a party to the Settlement, the City has an interest in securing the public benefits provided by the Settlement. The City's approval of this Agreement provides an opportunity to facilitate one of the following public benefit opportunities: 4.1 Alternative 1: Acquisition by Trust for Public Land. Pursuant to the Settlement, Developer has granted the Trust for Public Land ("TPL")7 an option to purchase the Windward Property and, after exercise of the Goodell Option by Developer, the 6 As noted in Recital M, however, this Agreement shall not become "applicable" to the Development until the Certification Date. The Parties recognize that the Effective Date will occur before the Certification Date. 7 Founded in 1972, TPL is a nationwide non-profit organization that acquires land from private owners and conveys it into public or non -governmental organization ownership for conservation or public park purposes. Since its inception, TPL has protected 3.3 million acres of land in over 5,400 separate acquisitions. R Goodell Property (the "TPL Option"). The TPL Option provides TPL eighteen months in which to raise the purchase funds. The TPL Option was originally set to expire in October 2017, but has since been extended to 2018. The Settlement allows Developer to apply for and pursue approval of the Required Approvals during the term of the TPL Option while TPL pursues acquisition funding. If TPL exercises the TPL Option, Developer will withdraw any pending applications for the Required Approvals. 4.2 Alternative 2: Preservation Opportunity / Limited Development. If the TPL Option expires without being exercised, then, after obtaining approval of the Required Approvals and before commencing the Development, Developer must first make the Windward and Goodell Conveyances for the benefit of the public as set forth in Section 5 below (the "Implementation Documents"). a. Windward and Goodell Conveyance Deed Restrictions. At the time and on the terms set forth in Chapter 5 of the Specific Plan, deed restrictions shall be recorded against the Windward Open Space Parcel and the Goodell Property permanently restricting each property to "Open Space and Conservation Uses" (the "Deed Restrictions"). For the purposes of this Agreement, "Open Space and Conservation Uses" shall mean and shall be limited to those "Open Space and Conservation Uses" set forth in Section 4.2 of the Specific Plan. 4.3 Windward Open Space Parcel Improvements. If Alternative 2 occurs, (i) Developer will improve the Windward Open Space Parcel with the public access amenities and habitat enhancement as identified in the Specific Plan and (ii) the homeowner's association for the Windward Residential Parcel shall maintain those improvements until the Windward Open Space Parcel has been formally conveyed to either a governmental agency or a Qualifying Non -Profit Organization. 4.4 City Property Improvements. If Alternative 2 occurs, Developer will (i) improve the City Property with the trails, signage, and landscaping identified in the Specific Plan and (ii) maintain those improvements until the maintenance responsibility is transferred to the Development's Homeowner's Association. 5. DEVELOPMENT OF THE WINDWARD PROPERTY. 5.1 Developer's Vested Right. Subject to the Reservations of Authority (see Section 5.7), Developer shall have the vested right to complete the Development to the full extent permitted under the Applicable Rules ("Developer's Vested Right"). Developer's Vested Right shall accrue and be applicable to the Development on the Certification Date. a. Limitation on Term of Developer's Vested Right. The sole reason that the City is entering into this Agreement is to benefit the public by facilitating (i) the Windward and Goodell Conveyances and (ii) the improvements and 7 maintenance of the City -owned Parcel and the Windward Open Space Parcel, in return for permitting development within the Windward Residential Parcel. As a result, the City has required assurances in this Agreement that Developer does not retain Developer's Vested Right if changes, other than "Minor Changes" (see Glossary of Defined Terms), to the Development are sought by Developer in the future. Therefore, if, after the LCPA has been certified and has become effective, the CDP has been approved, and all permits related to the CUP, the Map, and the CDP, such as grading, building, and similar ministerial permits, have been issued, Developer or any successor of Developer submits an application for an amendment to the LCP which proposes to alter the permitted uses of the Windward Residential Parcel, increase the density or intensity of uses on the Windward Residential Parcel, increase the maximum height or size of buildings permitted on the Windward Residential Parcel, or eliminate Developer's obligation to make the Windward and Goodell Conveyances, then Developer's Vested Right shall expire upon the submittal of that application. 5.2 Condition Precedent to Required Approvals Becoming "Operative." To assure that development of the Windward Residential Parcel may not occur without the Windward Owner first taking the actions needed to implement the open space objectives of the Specific Plan and Alternative 2 of the Settlement, the certified LCPA shall become operative only on the terms and conditions set forth in Chapter 5, Section 5.3, of the Specific Plan. 5.3 Timing of Recordation of Implementation Documents. The applicable Implementation Documents shall be signed and recorded and become effective only in the time, substance, and form set forth in Chapter 5, Section 5.4.2, of the Specific Plan as approved on the Approval Date (or with modifications acceptable to the City and Owner). 5.4 Timing of Permit Issuance. Prior to the LCPA becoming operative, the City may not issue any permits pursuant to Specific Plan, with the exception of permits for archaeological studies and archaeological grading. Permits for archaeological studies and archaeological grading may be issued at any time after certification of the LCPA. 5.5 Term of Development Approvals. a. The Map. Pursuant to Government Code Section 66452.6, the term of the Map shall be automatically extended by the Adopting Ordinance to the end of the Term and any future extension of the Term agreed upon by the Parties. b. Other Development Approvals. The expiration of all other Development Approvals shall be governed by applicable state law, including Government Code Section 65863.9, and, where permitted under state and local law, all 8 other Development Approvals shall be extended by the Adopting Ordinance for a term ending concurrently with the term of the Map. 5.6 Initiatives, Moratoria, and Referenda. As a Subsequent Land Use Regulation, any initiative or moratorium adopted after the Approval Date, no matter how enacted, shall not apply to the Development or the Windward Property without Developer's written consent unless otherwise ordered by a court of competent jurisdiction. Pursuant to Government Code Section 65867.5(a), this Development Agreement is a legislative act subject to referendum. 5.7 Reservations of Authority. The following rights are reserved to the City: a. City's Discretion Under Applicable Rules. In considering applications for a Subsequent Development Approval or Subsequent Land Use Regulation, the City may exercise its regulatory discretion to the extent permitted by the Applicable Rules. Pursuant to Government Code Section 65865.28, however, requirements for subsequent discretionary actions shall not prevent development of the Windward Property for the uses and to the density or intensity of development set forth in the Applicable Rules. b. Conflicting Emergency Regulations. The City may adopt emergency rules, regulations, laws, and ordinances within the City's police power that would limit the exercise of Developer's Vested Right ("Conflicting Emergency Regulations"), provided that the Conflicting Emergency Regulations: • result from a sudden, unexpected emergency declared by the President of the United States, Governor of California, or the Mayor, City Council,,or City Manager of the City; • address a clear and imminent danger, with no effective reasonable alternative available that would have a lesser adverse effect on Developer's Vested Right; • do not primarily or disproportionately impact the Development; and • are based upon findings of necessity established by a preponderance of the evidence at a public hearing. Any action challenging the application of a Conflicting Emergency Regulation to the Windward Property or the Development shall be subject to de novo review by the court for compliance with the provisions of this Section. 8 GC 65865.2 provides, among other things, that a "development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement." .0 c. Development Fees. The City may impose upon Developer any development fees that are applicable to all development within the City at the rate and the time generally applicable to all such development ("Development Fees"). Development Fees include all taxes, fees, or other exactions charged by the City in connection with the development of land, including the application, processing, approval, and/or issuance of Development Approvals or Land Use Regulations. Development Fees include, but are not limited to, development impact fees imposed pursuant to California's Mitigation Fee Act. Other examples of Development Fees include inspection, plan check, utility capacity, service, connection, library, cultural enrichment, park, flood control, stormwater management, mitigation, and public facilities fees. d. Affordable Housing In -Lieu Fee. Section 230.26 of the Zoning Code requires that at least ten percent (10%) of all new residential construction shall be affordable units, except as provided elsewhere within Section 230.26. Section 230.26(B)(5) of the Zoning Code provides that the terms of a project's affordable housing requirement may be outlined in an applicable Specific Plan. The Windward Specific Plan provides for 36 residential units to be constructed on the Windward Residential Parcel. Pursuant to Sections 230.26(B)(1-2) of the Zoning Code, the affordable housing requirement for the Development is 3.6 units affordable to moderate -income households. Section 3.3.6 of the Specific Plan provides that this obligation may be satisfied through the payment of in - lieu fees. Therefore, the City and the Windward Owner are providing in this Agreement that prior to issuance of the first building permit for a residence within the Windward Residential Parcel, the Windward Owner shall pay in -lieu fees for all 36 units within the Development at the rate of $50,000 for each unit, for a total payment of $1,800,000. e. Suggested Modifications. Should the Commission suggest modifications to some or all of the LCPA pursuant to Public Resources Code Sections 30512 and/or 30513 (the "Suggested Modifications"): • This Agreement shall not require the City to agree to the Suggested Modifications if the Suggested Modifications make substantive changes to the LCPA as submitted to the Coastal Commission by the City which deprive the City of the public benefits set forth in Section 4 above; and • This Agreement shall terminate and shall not bind Developer if the Suggested Modifications are adopted by the City without the City first obtaining Developer's written concurrence with the Suggested Modifications. 5.8 Appeal of Administrative Decisions. Any decision of the Director or a City staff member with respect to this Agreement may be appealed to the Planning Commission. Planning Commission decisions may be appealed to the City Council. 10 5.9 Tentative Maps. Any Tentative Map approved for the Development shall comply with the provisions of Government Code Section 66473.7. 6. DEVELOPER DEFAULTS AND REMEDIES. 6.1 Periodic Review. The City shall periodically review Developer's good faith compliance with this Agreement pursuant to Government Code Section 65865.1 ("GC 65865.1") and Zoning Code Section 246.14 and consistent with the due process considerations set forth in Section 6.2 (the "Periodic Review"). 6.2 Due Process Considerations. Developer has committed through this Agreement to make the Windward and Goodell Conveyances before permits are issued to begin work on the Development. Developer would not have entered into this Agreement and made that commitment without assurances that Developer's Vested Right could not be terminated or modified without a fair and equitable Periodic Review process9 consistent with GC 65865.1, Zoning Code Section 246.14 and general principles of fairness and due process. Therefore, the following requirements shall apply to Periodic Reviews and any other review of or allegation of noncompliance pertaining to this Agreement: a. Modifications for Noncompliance. The terms of GC 65865.1 allow a local agency to terminate or modify a development agreement if a periodic review of compliance with the terms of the development agreement demonstrates noncompliance by the applicant/developer. The local agency's right to do so is stated in permissive, rather than mandatory, terms: "the local agency may terminate or modify the agreement." 10 Therefore, as material consideration for entering into this Agreement, the Parties have agreed that, in the event of a finding of noncompliance, the City shall not modify the terms of this Agreement unless the modification has been agreed to by Developer, as provided in Government Code Section 65868. b. Standard of Evidence. GC 65865.111 contains permissive terms which allow a local agency to terminate a development agreement if a periodic review demonstrates, "on the basis of substantial evidence," that there has been noncompliance. The Parties recognize that the loss of Developer's Vested Right upon a showing of "substantial evidence" of noncompliance would be unfair and inequitable. Therefore, as material consideration for entering into this Agreement, the Parties have agreed that any City finding of Developer's noncompliance must be based upon the "preponderance of the evidence," as would be the case with other breach of contract actions under California law. 9 These considerations apply equally to any other process by which this Agreement is terminated or modified. to Subsection F of MC 246.14 contains the same permissive provision. 11 Subsection F of MC 246.14 contains the same permissive provision. 11 6.3 Mortgagee Default Protection. If a Mortgagee requests from the City a copy of any notice of default given to Developer, the City shall provide a copy of that notice to the Mortgagee within ten (10) calendar days after receiving the Mortgagee's request. The Mortgagee shall have the right, but not the obligation, to cure the Default during any cure period allowed Developer under this Agreement. 7. CITY DEFAULTS AND REMEDIES. 7.1 Notice of City Default. After the Certification Date, if Developer believes that the City has failed to honor Developer's Vested Right (a "City Default"), Developer shall submit to the City a written notice of default stating those obligations which Developer alleges have not been performed by City (a "Notice of City Default"). After receiving a Notice of City Default, the City shall promptly commence to cure the identified City Default at the earliest reasonable time after receipt of the Notice of City Default and shall complete the cure within thirty (30) calendar days after receipt of the Notice of City Default, or such longer period as is reasonably necessary to feasibly remedy the City Default. The City shall continuously and diligently pursue the cure until the cure is complete. In no event shall the cure period exceed one hundred twenty (120) calendar days. If the City disputes the existence of a City Default or whether the City has cured the City Default, either Party may seek declaratory relief from a court of law. 7.2 No Damages. Under no circumstances shall City be liable to Developer for damages, including, but not limited to, monetary damages, lost profits, out of pocket costs, and any other payment of any money, for a breach of this Agreement. Developer's sole remedies for breach of any provision of this Agreement shall be for declaratory relief, specific performance, and mandate. 8. MODIFICATION, AMENDMENT, CANCELLATION OR TERMINATION. 8.1 Amendment and Cancellation. Notwithstanding any other provision of this Agreement, this Agreement may be amended or canceled, in whole or in part, by mutual written consent of the City and Developer, subject to compliance with Government Code Sections 65867, 65867.5, and 65868. 8.2 Minor Changes. Pursuant to Zoning Code Section 246.18, the Director, with the written consent of Developer, may make changes to the Agreement without formal action by the City Council if those changes do not (i) modify the Term or the permitted uses, (ii) increase the density or intensity of uses or the maximum height or size of buildings, or (iii) modify the substantive provisions for reservations or dedication of land ("Minor Changes"). 9. OTHER LEGAL ACTIONS, REMEDIES, AND INDEMNIFICATION 12 9.1 Third -Party Actions. If a third -party action (a "Third -Party Action") is filed against the City with respect to this Agreement for any reason, including, but not limited to, (i) attacking, setting aside, voiding, or annulling the approval of this Agreement, (ii) challenging any of the Development's Development Approvals or Subsequent Development Approvals, or (iii) otherwise delaying, impeding, or impairing implementation of the Development, the Parties shall cooperate in the defense of that Third -Party Action. 9.2 Indemnification of City. With respect to any Third -Party Action, including an action challenging the sufficiency of environmental review and/or compliance with CEQA, Developer shall, at Developer's expense, defend, indemnify, and hold harmless City, its officers, employees, and independent contractors engaged in Development planning or implementation. Developer shall provide a defense to the City with counsel reasonably selected by Developer to defend both the City and Developer and shall reimburse the City for ANY costs which the City may be required to pay as a result of a Third -Party Action. The City may, in its sole discretion, participate in the defense of a Third -Party Action at its own expense, but, except for those defense costs, the City's participation shall not relieve Developer of the remainder of its indemnification obligations under this Section 9.2. 9.3 Effect on Development. The filing of a Third -Party Action shall not excuse, delay, or stop the Development in any manner, including the processing or construction of the Development, approval of Subsequent Development Approvals, or issuance of ministerial approvals by the City, unless the third party obtains a court order preventing the activity or invalidating this Agreement. The City shall not stipulate to the issuance of any such order without Developer's prior written consent. 10. NOTICES. All notices, demands, and correspondence required or permitted by this Agreement (collectively, "Notices") shall be in writing. Notices shall be either personally delivered or sent by registered or certified mail or overnight mail service. Notices shall be deemed received upon personal delivery or on the second business day after registered, certified, or overnight mailing. Notices shall be addressed as follows: City or Developer may change its address by giving written Notice to the other Party. Thereafter, Notices shall be addressed and transmitted to the new address. If to City, to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 92648 Attn: City Manager If to Developer, to: Signal Landmark, Inc. 27271 Las Ramblas Suite 100 Mission Viejo, CA 92692 With a Copy to: Tim Paone Cox, Castle & Nicholson 3121 Michelson Drive Suite 200 Irvine, CA 92612 13 11. ENCUMBRANCES, ASSIGNMENTS, TRANSFERS, AND RELEASES 11.1 Discretion to Encumber. Developer may, in its sole discretion, encumber some or all of the Windward Property or improvements on the Windward Property with a Mortgage. 11.2 Mortgagee Protection. If a Mortgagee in possession of the Windward Property requests Minor Changes, City shall meet with Developer and the Mortgagee to negotiate in good faith the requested Minor Changes. City will not unreasonably withhold or delay its consent to a requested Minor Change if the Minor Change is consistent with the intent and purposes of this Agreement. The following terms apply to all Mortgages: a. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage. b. Except as otherwise provided within this Agreement, a Mortgagee who takes possession of some or all of the Windward Property shall take the property subject to this Agreement, including the provision that Developer cannot begin any work on the Development without first making the Windward and Goodell Conveyances. 11.3 Assignment. If Developer sells or otherwise conveys (an "Assignment") all or a portion of Developer's interest in the Windward Property (the "Transferred Property"), the assignee of that Assignment (the "Assignee") shall be subject to all provisions of this Agreement previously applicable to Developer with respect to the Transferred Property, including, but not limited to, Developer's obligations set forth in Section 5.2 as conditions precedent to the City's submittal of its application for certification of the LCPA. The Assignee shall have no obligations with respect to portions of the Windward Property not transferred ("Retained Property"). Developer shall remain liable for performance of Retained Property obligations, including, but not limited to, Developer's obligations set forth in Section 5.2 as conditions precedent to the City's submittal of its application for certification of the LCPA, but shall have no further obligations with respect to the Transferred Property. 11.4 City's Consent to Assignment. The City's consent to an Assignment shall not be required except under the following circumstance: If the Transferred Property is sold to an Assignee before Developer has exercised the Goodell Option, then the Assignee shall not obtain Developer's rights under this Agreement unless the City has first consented to the Assignment. The sole basis for the City's refusal to grant that consent, however, shall be that, in the reasonable and objective exercise of the City's judgment, both (i) the Assignee does not possess the financial capacity to exercise the Goodell Option and (ii) adequate security has 14 not otherwise been offered to the City to assure that the Goodell Option can be exercised so that the Goodell Conveyance can be made when and if the Required Approvals have been granted and Developer elects to implement development of the Windward Property as provided in this Agreement. If Developer requests the City's consent to such an Assignment, the City's consent shall be deemed granted unless the City has refused in writing to give that consent within thirty (30) days after receiving written request for consent from Developer. 12. MISCELLANEOUS PROVISIONS. 12.1 Cooperation. The Parties shall cooperate in good faith to assist each other in the performance of the provisions of this Agreement. 12.2 Recordation. The City Clerk shall cause a copy of this Agreement to be recorded against the Windward Property with the County Recorder within ten (10) calendar days after the Effective Date. The failure of the City to sign and/or record this Agreement shall not affect the validity of this Agreement. 12.3 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 12.4 No Third Party Beneficiaries. No person or entity other than the City and Developer shall have any right of action based upon any provision of this Agreement. 12.5 Entire Agreement. This Agreement represents the entire and final agreement of the Parties with respect to the subject matter of this Agreement. 12.6 Litigation Expenses. In any litigation between the Parties related to this Agreement, each of the Parties shall bear its own attorneys' fees and other expenses incurred in that proceeding. 12.7 Waiver. All waivers of performance must be in a writing signed by the Party granting the waiver. Failure by a Party to insist upon the strict performance of any provision of this Agreement shall not be a waiver of future performance of the same or any other provision of this Agreement. 12.8 Delay for Events Beyond the Parties' Control. Performance by either Party of its obligations under this Agreement shall be excused and the Term shall be extended for periods equal to the time during which (i) litigation is pending which challenges any matter, including compliance with any other local, state, or federal law, related to the approval or implementation of the Development or (ii) a delay in a Party's performance is caused by any event beyond the control of that Party. Examples of such events include acts of nature, newly -enacted federal or state laws or regulations, judicial actions such as the issuance of restraining orders and injunctions, riots, strikes, and damage to work in process by reason of fire, mud, 15 rain, floods, earthquake, or other such casualties. With respect to litigation, extensions shall be equal to the time between the filing of the action and the entry of final judgment or dismissal after the conclusion of all appeals and/or the expiration of all time periods during which an appeal could be brought. All extensions under this Section 12.8 shall be cumulative. A Party seeking excuse from performance under this Section shall provide written Notice to the other Party within thirty (30) calendar days after becoming aware of the delay. Either Party may file an action for judicial review of any requested excuse from performance. 12.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 12.10 Interpretation. This Agreement has been prepared jointly by both Parties and shall not be interpreted or construed against either Party as the preparer. 12.11 Estoppel Certificate. During the Term, either Party may request from the other an "Estoppel Certificate" certifying that: a. This Agreement is unmodified and in full force and effect; or b. There have been specific (date and description) modifications to the Agreement, but it remains in full force and effect as modified. The Estoppel Certificate shall also certify one of the following, if requested: c. There are no known current uncured Defaults; or d. There are specific (date, description, and status) Defaults which exist. Within ten (10) business after receiving the request, the responding Party shall deliver the completed Estoppel Certificate to the requesting Party. Estoppel Certificates shall provide any other reasonable information requested. A failure to timely deliver an Estoppel Certificate shall create a conclusive presumption that this Agreement is in full force and effect without modification or Default. Developer shall pay City for City's reasonable costs incurred in issuing Estoppel Certificates. 12.12 Governing Law and Venue. This Agreement shall be governed and interpreted in accordance with the laws of the State of California. Venue for any litigation concerning this Agreement shall be in Orange County, California. Developer and City have executed this Agreement on the dates set forth below. SIGNATURE PAGE TO BE ADDED ACKNOWLEDGMENTS TO BE ADDED 16 GLOSSARY OF DEFINED TERMS Within this Agreement, the following defined terms have the meanings set forth below: 1. "Adopting Ordinance" means City Ordinance No. _ approving this Agreement. 2. "Agreement" means this Development Agreement. 3. "Applicable Rules" means the Required Approvals, the Existing Land Use Regulations, this Agreement, the Subsequent Land Use Regulations to which Developer has consented in writing, and Subsequent Development Approvals. 4. "Approval Date" means the date of the first reading of the Adopting Ordinance. S. "Assignee" means the person or entity to whom Developer transfers Developer's interest in all, any portion of, or any interest in the Windward Property. 6. "Assignment" means the sale, transfer, or assignment of Developer's rights and obligations under this Agreement in connection with a transfer of Developer's interest in all, any portion of, or any interest in the Windward Property. 7. "BCLT" means the Bolsa Chica Land Trust. 8. "Certification Date" means the date that the certification of the LCPA by the Coastal Commission becomes final. 9. "CDP" means Coastal Development Permit No. 16-018 for the Development, which will not be acted upon by the City Council until after certification of the LCPA. 10. "CEQA" means the California Environmental Quality Act. 11. "CEQA Review" means the evaluation by the City of the Settlement Program's potential environmental impacts pursuant to CEQA. 12. "City" means the City of Huntington Beach, California. 13. "City Approvals" means the approval of Local Coastal Program Amendment No. 16-002 (the "LCPA"), consisting of General Plan Amendment No. 16-002 (the "GPA"), Zoning Text Amendment No. 16-004 for Specific Plan No. 16 (the "Specific Plan"), and Zoning Map Amendment No. 16-003 (the "Zoning Map Amendment"). 14. "City Council" means the City Council of the City. 15. "City Property" means the thirty-foot strip of land identified on Exhibit "B" as the "City- Owned Parcel" and located north of the Windward Property. 16. "Coastal Commission" means the California Coastal Commission. G-1 17. "Conflicting Emergency Regulations" means those emergency rules, regulations, laws, and ordinances within the City's police power that would limit the exercise of Developer's Vested Right and fall within the descriptions set forth in Section 5.6b. 18. "CUP" means Conditional Use Permit No. 16-035 for the Development (the "CUP"). 19. "Deed Restrictions" means the recorded use restrictions limiting the Windward Open Space Parcel and the Goodell Property, respectively, to Open Space and Conservation Uses. 20. "Developer" means Signal Landmark, Inc., a California corporation. 21. "Developer's Vested Right" means Developer's right to complete the Development in accordance with the Applicable Rules, as more specifically set forth in Section 5. 22. "Development" means Developer's proposed medium density residential neighborhood within the Windward Residential Parcel to the extent authorized by the Applicable Rules. 23. "Development Approvals" means all permits, certificates, approvals, and other entitlements approved or issued by the City for construction, marketing, use, occupancy, and/or development of or on the Windward Residential Parcel. For the purposes of this Agreement, Development Approvals shall be deemed to include, but are not limited to, the following actions, including revisions, addenda, amendments, and modifications to these actions: • This Agreement; • Coastal Development Permits; • Tentative Maps, Final Maps, parcel maps, and any other approvals required by or permitted under the Subdivision Map Act and/or the City's subdivision ordinance; • Conditional use permits, use permits, temporary use permits, and site development permits; • Variances and waivers of development standards; • Grading, excavation, building, and other construction -related permits; • Certificates of compliance and/or lot line adjustments; • Street, drainage, utility, stormwater, and landscape permits; • Encroachment permits; • Occupancy permits; and • Environmental review documents for the Settlement Program. G-2 24. "Development Fees" means all taxes, fees, or other exactions charged by the City in connection with the development of land, including the application, processing, approval, and/or issuance of Development Approvals or Land Use Regulations. Development Fees include, but are not limited to, development impact fees imposed pursuant to California's Mitigation Fee Act. Other examples of Development Fees include inspection, plan check, utility capacity, service, connection, library, cultural enrichment, park, flood control, stormwater management, mitigation, and public facilities fees. 25. "Director" means the Director of Community Development of the City. 26. "Effective Date" means the date on which the Adopting Ordinance has become effective as provided by California law. 27. "Estoppel Certificate" means a written statement issued pursuant to Section 12.11. 28. "Exhibit" means an exhibit to this Agreement, unless otherwise expressly stated. 29. "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date, including those Required Approvals which are Land Use Regulations. However, changes to Land Use Regulations adopted (as opposed to becoming effective) between the Approval Date and the Effective Date shall not be considered part of the Existing Land Use Regulations without Developer's prior written consent. Developer shall be deemed to have consented to those Required Approvals which, though approved on the Approval Date, are not effective until the Effective Date. 30. "Final Map" means a final parcel map or final tract map for the Development, as defined in the Subdivision Map Act and the Zoning Code. 31. "General Plan" means the General Plan of the City in effect on the Approval Date and as amended through the GPA. 32. "Goodell Conveyance" means the conveyance of the Goodell Property to either a governmental agency or a Qualifying Non -Profit Organization, such as the BCLT, acceptable to the City, for Open Space and Conservation Uses. 33. "Goodell Option" means Developer's option to acquire the Goodell Property as described in Section 4. 34. "Goodell Property" means the approximately 6.2-acre parcel designated on Exhibit B as the "Goodell Property." 35. "GPA" means the amendment of the General Plan through the City Council's adoption of General Plan Amendment No. 16-002 for the Windward Property. 36. "Implementation Documents" means those documents needed to complete the Windward and Goodell Conveyances, as well as the Deed Restrictions. G-3 37. "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations, moratoria, initiatives,12 and official policies of the City governing the development and use of land, including, without limitation, the General Plan and each of its elements (including the Coastal Element), zoning ordinances, subdivision ordinances (but not Tentative or Final Maps, which are Development Approvals), specific plans, and their respective amendments. Land Use Regulations govern, among other things, ,the permitted use of land, the density or intensity of use, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement, construction, and initial occupancy standards and specifications applicable to the Development. Land Use Regulations do not include any City ordinance, resolution, code, rule, regulation or official policy governing: • The conduct or taxation of businesses, professions, and occupations applicable to all businesses, professions, and occupations in the City; • Taxes and assessments of general application upon all residents of the City, provided that the taxes and assessments are not imposed for the purpose of taxing the right, power or privilege of developing or improving land (e.g., excise tax) or to directly finance the acquisition or dedication of open space or any other public improvement for which Developer is paying any fee (directly or through an assessment or similar financing district) or providing any improvement pursuant to this Agreement; or 38. "LCPA" means Local Coastal Program Amendment No. 16-002, as approved by the City and certified by the Coastal Commission on terms acceptable to Developer, and consisting of (1) an amendment to the Coastal Element of the City's General Plan which functions as the Land Use Plan portion of the LCP, and (2) the "Windward Specific Plan," comprised of a Zoning Text Amendment and a Zoning Map Amendment to the Implementation Plan portion of the Local Coastal Program. 39. "Map" means Tentative Tract Map No. 18060 for the Windward Property which was approved by the City Council on the Approval Date. 40. "Minor Changes" means any change to the Development that does not modify the Term, alter the permitted uses, increase the density or intensity of uses, increase the maximum height or size of buildings, or eliminate Developer's obligation to make the Windward and Goodell Conveyances. 41. "Mortgage" means any mortgage, deed of trust, or other security device recorded against some or all of the Windward Property or improvements to the Windward Property for the purpose of securing a debt or other obligation. 12 Because initiatives and moratoria, no matter how enacted, are legislative acts, they are Land Use Regulations. Therefore, any initiative or moratorium adopted after the Approval Date, no matter how enacted, is, for purposes of this Agreement, a Subsequent Land Use Regulation. G-4 42. "Mortgagee" means a mortgagee of a Mortgage, a beneficiary under a deed of trust or any other security device, a lender, and their successors and assigns. 43. "Notice" means any notice, demand, or correspondence required or permitted by this Agreement. 44. "Open Space and Conservation Uses" means, and is limited to, pedestrian trails, observation areas and platforms, interpretive signs and displays, native landscaping, trail fencing, habitat restoration, any additional uses set forth in the Mitigation Plan prepared pursuant to Consent Cease and Desist Order No. CCC-I2-CD-01 and Consent Restoration Order No. CCC-I2-RO-01, both approved by the Coastal Commission on September 11, 2013, and any other open space, resource protection, and conservation uses that are later approved through an amendment of the LCP approved by the City and certified by the Coastal Commission. 45. "Party" or "Parties" means either City or Developer or both, as determined by the context. 46. "Periodic Review" means the review by the City of Developer's good faith compliance with the terms of this Agreement pursuant to Section 6. 47. "Planning Commission" means the Planning Commission of the City. 48. "Project Grading Permit" means grading permits for the development of the Windward Residential Parcel (this is not intended to include permits related to studies, surveys, or architectural grading). 49. "Qualifying Non -Profit Organization" means a non-profit 501(c)3 organization that is BCLT or an accredited Land Trust. 50. "Required Approvals" means the following: • City approvals: a) Approval of Local Coastal Program Amendment No. 16-002 (the "LCPA"), consisting of General Plan Amendment No. 16-002 (the "GPA") and Specific Plan No. 16, adopted through the approval of Zoning Map Amendment No. 16-003 and Zoning Text Amendment No. 16-004 (the "Specific Plan"). b) Approval of and entry into this Agreement; and c) Approval of Coastal Development Permit No. 16-018 (the "CDP"), consisting of Conditional Use Permit No. 16-035 (the "CUP") and Tentative Tract Map No. 18060 (the "Map"). • Coastal Commission actions: a) Certification of the LCPA, consisting of (1) an amendment to the Coastal Element of the City's General Plan which functions as the Land Use Plan portion of the LCP, and (2) the "Windward Specific Plan," comprised of a Zoning Text Amendment and a G-5 Zoning Map Amendment to the Implementation Plan portion of the Local Coastal Program; and b) To the extent, if any, required by Government Code Section 65869, approval of this Agreement. 51. "Retained Property" means any portion of the Windward Property not included within an Assignment, as set forth in Section 11.3. 52. "Section" refers to a numbered section of this Agreement, unless specifically stated to refer to another document or matter. 53. "Settlement" means the April 2016 settlement of litigation between Developer, the City, and the BCLT related to the City's approval in 2010 of a project known as "The Ridge" which was proposed for the Windward Property. 54. "Settlement Program" means the Windward Conveyance, the Goodell Conveyance, and the Development, collectively and to the full extent permitted by the Applicable Rules. 55. "Specific Plan" means Specific Plan No. 16 for the Windward Property, including future amendments to which Developer has consented in writing. The Specific Plan was adopted pursuant to Zoning Map Amendment No. 16-003 and Zoning Text Amendment No. 16- 004. 56. "Subsequent Development Approvals" means all Development Approvals to which Developer has consented and which are approved, granted, or issued for the Development on or after the Approval Date, including, but not limited to, the CUP, the Map, and the CDP. 57. "Subsequent Land Use Regulations" means those Land Use Regulations which are both adopted and effective after the Approval Date and which are not included within the definition of Existing Land Use Regulations. "Subsequent Land Use Regulations" include any Land Use Regulations adopted by moratorium, initiative, City action, or otherwise. 58. "Tentative Map" means a tentative parcel map or tentative tract map, as defined in the Subdivision Map Act and the Zoning Code, for the Development. 59. "Term" means the term of this Agreement as set forth in Section 3. 60. "Third -Party Action" means any legal action, including appellate review, which is brought with respect to this Agreement by a person or entity other than one of the Parties, including, but not limited to, a governmental entity or official. 61. "TPL" means the Trust for Public Land. 62. "TPL Option" means the option agreement entered into between Developer and the Trust for Public Land for the purchase of the entire Windward Property and the Goodell Property, subject to the contingencies contained in the Settlement. G-6 63. "Transferred Property' means all or that portion of the Windward Property which is the subject of an Assignment by Developer. 64. "Windward Conveyance" means the conveyance of that portion of the Windward Property other than the Windward Residential Parcel to either a governmental agency or a Qualifying Non -Profit Organization, such as the BCLT, acceptable to the City, for Open Space and Conservation Uses. 65. "Windward Open Space Parcel" means that portion of the Windward Property identified as the "Windward Open Space Parcel" on Exhibit B. 66. "Windward Property' means the approximately 5-acre parcel of land which is more particularly described in Exhibit A and depicted as the "Windward Property" on Exhibit B. 67. "Windward Residential Parcel" refers to that portion of the Windward Property designated on Exhibit B as "Windward Residential Parcel." 68. "Zoning Code" means the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). 69. "Zoning Map Amendment" means Zoning Map Amendment No. 16-003. G-7 EXHIBIT A WINDWARD PROPERTY LEGAL DESCRIPTION PROPOSED TRACT NO. 17294, BEING A SUBDIVISION OF: THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, INCLUDED WITHIN THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE NORTHEASTERLY CORNER OF THAT CERTAIN 6.2 ACRE PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED TO DONALD E. GOODELL RECORDED NOVEMBER 5, 1959 IN BOOK 4960, PAGE 87 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 89' 58' 30" WEST 450.00 FEET ALONG THE NORTHERLY LINE OF SAID 6.2 ACRE PARCEL TO A ANGLE POINT IN PARCEL. 2 OF CERTIFICATE OF COMPLIANCE NO. 92-01 RECORDED SEPTEMBER 2, 1992 AS INSTRUMENT NO, 92-589755 OF SAID OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LAST ABOVE MENTIONED PARCEL 2, THE FOLLOWING COURSES: CONTINUING SOUTH 89' 58' 30" WEST 323.00 FEET AND NORTH 34' 02' 08" WEST 604.67 FEET TO A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE CENTERLINE OF LOS PATOS AVENUE AS SHOWN ON A MAP FILED IN BOOK 92, PAGES 19 THROUGH 28 OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID PARALLEL LINE AND ITS EASTERLY PROLONGATION, THE FOLLOWING COURSES: SOUTH 89' 21' 32" EAST 639.80 FEET AND SOUTH 89' 35' 35" EAST 90.18 FEET; THENCE NORTH 0° 10' 29" EAST 30.00 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINES OF TRACT NO. 10853 RECORDED IN BOOK 513, PAGES 14 THROUGH 15 AND TRACT NO. 5792 RECORDED IN BOOK 220, PAGES 8 THROUGH 11, BOTH OF SAID MISCELLANEOUS MAPS; THENCE SOUTH 89' 35' 35" EAST 383.00 FEET ALONG SAID WESTERLY PROLONGATION TO THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID 6.2 ACRE PARCEL; THENCE SOUTH 0' 10' 29" WEST 520.23 FEET ALONG SAID NORTHERLY PROLONGATION TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF HUNTINGTON BEACH RECORDED FEBRUARY 28, 2000 AS INSTRUMENT NO. 20000104631 OF SAID OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN TRACT NO. 15734, AS SHOWN ON A MAP RECORDED IN BOOK 797, PAGES 40 TO 42 INCLUSIVE, OF SAID MISCELLANEOUS MAPS. APN: 110-016-35 m EXHIBIT B DEPICTION OF THE WINDWARD PROPERTY, THE WINDWARD RESIDENTIAL PARCEL, THE WINDWARD OPEN SPACE PARCEL, AND THE GOODELL PROPERTY Windward Development Agreement Exhibit B City of Huntington Beach N� I I I I n It M EXHIBIT C GOODELL PROPERTY LEGAL DESCRIPTION COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINES OF BOLSA CHICA STREET AND LOS PATOS AVENUE, BOTH 60 FEET WIDE, AS SAID STREETS ARE SHOWN ON THE MAP OF TRACT 86, BLOCK 20, COAST BOULEVARD FARMS, RECORDED IN BOOK 10, PAGES 35 AND 36, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE SOUTH 0° 42' 01" EAST 523.80 FEET; THENCE NORTH 890 06' 00" EAST 23.00 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING NORTH 89' 06' 00" EAST 450.00 FEET; THENCE SOUTH 0° 42' 01" EAST 600 FEET; THENCE SOUTH 89' 06' 00" WEST 450 FEET: THENCE NORTH 0° 42' 01" WEST 600 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 6.20 ACRES. APN: 110-016-18 C-1 Ord. No. 4135 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on May 21, 2018, and was again read to said City Council at a Regular meeting thereof held on June 4, 2018, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Brenden NOES: Hardy ABSENT: None ABSTAIN: None I, Robin Estanislau, CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on June 14, 2018. In accordance with the City Charter of said City. Robin Estanislau, City Clerk Senior Deputy City Clerk 4�� 4&�444d� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #7 ATTACHMENT #8 Item 22. - 227 HB _1334_ _ 11 WINDWARD SPECIFIC PLAN City of Huntington Beach Adopted by City Council on (CC Resolution #__) Certified by California Coastal Commission on SUBMITTED TO: CITY OF HUNTINGTON BEACH Planning Department 2000 Main Street Huntington Beach, CA 92648 PREPARED BY: FORMA Coastal Planning and Documentation 3050 Pullman Street • Costa Mesa, CA 92626 April 2018 HB -1335- Item 22. - 228 WINDWARD me Table of Contents 1 INTRODUCTION 1.1 Location and Existing Conditions................................................................................ 1-1 1.2 Project Area Background............................................................................................ 1-1 1.3 Summary of Land Use Plan and Zoning Designations ............................................... 1-67 1.4 Authority and Scope for Specific Plan..................................................................... 1-1910 1.5 Purpose and Intent.................................................................................................. 1-1910 1.6 Objectives of the Windward Specific Plan............................................................1-911 1.7 General Plan Consistency......................................................................................1-4811 2 DEVELOPMENT PLAN 2.1 Land Use Plan..............................................................................................................2-1 2.2 Residential Development............................................................................................ 2-1 3 DEVELOPMENT STANDARDS 3.1 Purpose and Intent...................................................................................................... 3-1 3.2 Applicability.................................................................................................................3-1 3.3 Windward Residential — Medium DI@RRiRg nreaparcel Development Standards...... 3-1 3.4 C„A-5taI GARser„ati„n P'aR ,iRg Fe@General Regulations: Windward Residential Parcel................................................................................................................................ 3-5 -143.5........ ........................................................... ................ ................ I........................ W indward Open Space Development Standards.............................................................. 3-57 3.6 City Property Open Space Improvements................................................................... 3-8 3.7 Compliance with Mitigation Measures....................................................................... 3-9 4 OPEN SPAWPASSIVE nnov AND RESOURCE CONSERVATION PLAN 4.1 Windward Open Space and Passive -Park -Resource Conservation Uses ..................... 4-1 4.2 Passive PapkOpen Space and Resource Conservation Concept Plan for the Windward; Geedell, Open Space Parcel and the City PrapeF#e EMRerty 4-3 5 ADMINISTRATION AND IMPLEMENTATION 5.1 Summary..................................................................................................................... 5-1 5.2 Key Definitions .................................... .............................. :.......... ............................... 5-1 5.3 Required Approvals..................................................................................................... 5-2 5.4 Conditions Precedent to Required Approvals Becoming "Operative" ....................... 5-3 5.5 Development Agreement No. 16-001......................................................................... 5-5 -545.6........................................................................................................................... E nforcement of the Specific Plan LCPA........................................................................... 545 5.7................................................................................................ M ethods and Procedures.................................................................................................. 545 +N9a), 201 A d 2 Q 18 Table of Contents - Page 1 Item 22. - 229 HB -1336- WIN 1) WAIZ D 6 Table of Contents -5-.35.8........................................................................................................................... M aintenance Mechanisms................................................................................................5-26 ►.II .1 -1 T" 10 ral TN 6.1 Architectural Character............................................................................................... 6-1 6.2 Residential Landscape Design Concept....................................................................... 6-3 6.3 Infrastructure............................................................................................................ 6-26 6.4 Adopted Mitigation Measures..................................................................................6-34 May 204--;--p- 2O1 Table of Contents - Page 2 Hs -1337- Item 22. - 230 WINDWARD List of Exhibits 1 INTRODUCTION 1-1 Vicinity Map..................................................................................................................... 1-2 1-2 Aerial Photograph............................................................................................................ 1-3 1-3 Existing and Proposed Land Use Plan Designations...................................................... 1-78 1-4 Existing and Proposed Zoning Map Designations.......................................................... 1-99 2 DEVELOPMENT PLAN 2-1 Land Use Plan................................................................................................................... 2-2 2-2 Illustrative Site Plan......................................................................................................... 2-3 3 DEVELOPMENT STANDARDS 4 OPEN SPACE/PASSIVE P AND RESOURCE CONSERVATION PLAN 4-1 Open Space Passive PaF!( CeR -nnt and Resource Conservation Plan ........................... 4-67 5 ADMINISTRATION AND IMPLEMENTATION 6 APPENDICES 6-1 Architectural Style............................................................................................................ 6-2 6-2 Residential Landscape Plan.............................................................................................. 6-5 6-3 Community Signage......................................................................................................... 6-6 6-4 Community Recreation Area Plan.................................................................................... 6-7 6-5 Wall and Fence Plan......................................................................................................... 6-8 6-6 Wall and Fence Elevations............................................................................................... 6-9 6-7 Trails Plan and Section................................................................................................... 6-10 6-8 Public Access Signage Plan............................................................................................. 6-11 6-9 Circulation Plan.............................................................................................................. 6-27 6-10 Street Sections............................................................................................................... 6-28 6-11 Grading Plan................................................................................................................... 6-29 6-12 Cut and Fill Plan.............................................................................................................. 6-30 6-13 Storm Drain, Water, and Wastewater Plan................................................................... 6-33 List of Tables 2 DEVELOPMENT PLAN 2-1 Land Use Summary Table........................................................................................... 2-1 4 OPEN SPACE/PASSIVE PARK PLAN 4-1 Conceptual Open Space Native Plant Palette............................................................4-2 6 APPENDICES 6-1 Residential Landscape Plant Palette........................................................................ 6-12 ^-.�BrrA ri12 1 Item 22. - 231 HB -1338- Table of Contents - Page 3 WINDWARD 1. Introduction 1 INTRODUCTION 1.1 Location and Existing Conditions The Windward Specific Plan area (Specific Plan Areal is located at the southeast corner of Bolsa Chica Street and Los Patos Avenue in the City of Huntington Beach tcit&on what is commonly referred to as the Bolsa Chica Mesa (Exhibit 1-1, Vicinity Map). -The Specific Plan a+eaArea encompasses approximately 5.3 acres of undeveloped land, of which at the time of adoption of the Windward Specific Plan approximately 5-9five acres (Windward Property) are privately owned {Signal Landmark Si nal) and a-0.3- aGFe pareelacres are owned by the City of HURt-iRgtea-Qeaeh. (City Property). The pFepe4ySpecific Plan Area is square in shape, with the western half relatively flat (elevation 47 to 51 feet}L while the center portion of the eastern half gently slopes down to the east to an elevation of approximately 36 feet. Historically, the propertySpecific Plan Area was used almost exclusively for agricultural purposes, but from 2006 to 2011 the southwest corner of the prepe4ySpecific Plan Area was used as a storage and staging area for construction of the neighboring Brightwater Community. -The 4teSpecific Plan Area is covered by non-native vegetation (Exhibit 1-2, Aerial Photograph). -The SigRal LandmaFk pFepeqyWindward Property is currently fenced and has not been used since 2011 when the construction trailers and all but one of the storage containers were removed. -The CitypaFeelProperty is currently used as an informal trail by the public to access the Parkside property to the east of the WiRdW@Fd-Specific Plan Area. Directly west of the site across Bolsa Chica Street is the Sandover neighborhood which is comprised of single family detached homes on 6,000 square foot lots;-e+�. On the north are apartment and condominium complexes;-te. To the east lies an open space/conservation area that is part of the Parkside project; a -on. On the south is an undeveloped 6.2-acre property located in unincorporated Orange County and owned by the Goodell Family Trust.- (Goodell Propertyl. 1.2 Project Area Background 1.2.1 Zoning History The Windward PFepeAy Mperty has been owned by SignalLandH�aFa` ( or its predecessor company, Signal Oil, since the 1920s and is the last remnant of Signal's once vast landholdings at Bolsa Chica. -Originally in an unincorporated area of Orange County, the prepe4yWindward Property was annexed into the City ^f HuRtiRgt Reams —in 1970 as part of a ten -acre parcel that now contains the Sandover neighborhood. -At the time it was annexed, both the General Plan lariduse and toe Zoning Map land use designations were for low density residential uses. 4arAUU 2018 _10 - IN HB -1339- Item 22. - 232 WIN PWARP Exhibit 1-1 Vicinity Map I NU.,,April 201824P 1. Introduction 1-2 Item 22. - 233 HB - 1 -340- WINDWARD - - 1. Introduction Exhibit 1-2 Aerial Photograph 11x17 HB -1341- Item 22. - 234 WI N DWAM) 1. Introduction After the Coastal Act was enacted in 1976, the City submitted a proposed Land Use Plan to the Coastal Commission for certification. -At the time, a large scale development that included approximately 5,700 homes and a marina was being considered by the County for the unincorporated area at Bolsa Chica. -In anticipation of the intense development, the City re -designated an area east of the terminus of Bolsa Chica Street, that included the five aeFe Windward it--, erty to Open Space Recreation (subsequently changed to Open Space - Park) on the City's Land Use Plan, which was certified by the Coastal Commission in 1982.- In 1984, the City re -zoned the property to Residential Agricultural (RA) to reflect the agricultural uses that adjoined this site at the time and determined that the RA zoning was consistent with the Open Space -Park land use designation. The massive housing and marina development once proposed for Bolsa Chica never occurred. -Instead, much of the Bolsa Chica property was set aside as open space, including a large restored wetland area in the lowland, and a mix of open space and residential uses on the Bolsa Chica Mesa. -In 1999, the City approved the development of sixteen homes on the 15five-acre site at the southwest corner of Los Patos and Bolsa Chica Street, known as the "Sandover" project. -At that time, Signal dedicated to the City the City Property. a 13,350 square foot strip of land at the southeast corner Bolsa Chica Street and Los Patos Avenue, for open space -park uses. -The strip-ef City d- IalplProperty is currently undeveloped and used informally by the public to access the Parkside property. In 2005, the County and the Coastal Commission approved a 349 single family home development on 68 acres of the Bolsa Chica Mesa known as Brightwater, adjacent to Sandover. 1.2.2 The Ridge Project In 2008, Signal proposed a General Plan Amendment (GPA), Zone Change (ZC) and Local Coastal Program Amendment (LCPA) feTthe f+ve-ac-ram- site -the to permit the construction of 22 single family homes on the Windward Property and reRstF etieR e� a trail on the City Property. The project, then known as The Ridge, was approved by the City in 2010.- In approving the entitlements for the project, the City indicated that the change in land use from Open Space/Park to Low Density Residential was appropriate because it had no plans to acquire the Signal pF9pe yWindward Property for public recreation purposes. -The Rim project entitlements included a General Plan Amendment/Local Coastal Program Amendment, a zone change from RA to Low Density Residential, and a subdivision map. -To comply with CEQA, the City adopted a Mitigated Negative Declaration (MND). -Because the prepeFtyWindward Property lies within the Coastal Zone, the California Coastal nn�„Ana— 201891� 1-4 Item 22. - 235 HB -1342- MNDWARD 1. Introduction Commission (CCC) must approve any amendments to the 4ty=sCitv's Local Coastal Program (LCP)theFefsre). Therefore, the City submitted the LCP ameRdmeRtAmendment to the CIEECoastal Commission for approval. In August 2010, the Bolsa Chica Land Trust filed litigation challenging the City's approval of the MND, claiming that the City should have prepared an Environmental Impact Report (EIR), rather than approving a MND. -The CEQA litigation was stayed pending the outcome of the Coastal Commission's decision on the project. -In June 2014, the City-a+d-S+g a withdrew the LCP Amendment from consideration by the CCC. In an effort to resolve the pending CEQA litigation, Signal, the City, and the Bolsa Chica Land Trust agreed to enter into facilitated settlement discussions. -In April 2016, after nearly 15fifteen months of discussions, the three parties successfully negotiated ands+geed-a-sealemeRt agFeepAe+a (Settlement). In addition to resolving the litigation, the agreemeRt-rear-hed-aMeRg the par Settlement would bring closure to the decades -long controversy regarding development of Bolsa Chica by providing a viable path to resolving the land use of the last undeveloped, privately -owned land at Bolsa Chica. An addition to the 5 aeFe Windward Property, the FeemeRtSettlement also addresses the potential laed-usedeed restriction of the gareel ewRed by the Goodell Family Tpust (GeedellpFeperty) c-hlies se6itf+Property to open space and resource conservation uses. At the time of approval of the Windward @Rd east ef BpightwateF feF whiGhSDecific Plan. Signal holds an option to acquire. The settlement agr emep+ ���+;f,�� +,.,,, l+ rY atiy� TTI. SC C CTCTTCTI �Q l.. CTTCTI C'1'ITCTI C'1'ITCTI�QV VTCGTIT(TCT7� the Goodell Property Goodell prspeFt-y—Option). The Goodell Property is currently an unincorporated island and is zoned for medium low density residential (6.5 - 12.5 du ac) by the County. In 2009, in anticipation of annexing the Goodell Property, the City pre -zoned 3.2 acres of the Goodell Property adjacent to Bolsa Chica Street for low density residential. 2.0 acres as Open -Space Park, and one acre as Coastal Conservation. These designations were not certified by the California Coastal Commission. The Goodell Property is not Dart of the Windward Specific Plan Area because it is in the County and not subject to the City's jurisdiction. The Windward Specific Plan is not intended to and does not regulate the use of the Goodell Property. Nonetheless, as an integral part of the Settlement, the Goodell Property is shown for reference purposes only, within the Windward Specific Plan to illustrate how the approximately 2.5-acre easterly portion of the Windward eAril 3018 =18� 1-5 HB -1343- Item 22. - 236 WINDWARD 1. Introduction Property (Windward Open Space Parcel) and the Goodell Property could function together as part of an 8.7-acre open space and resource conservation area under one of the two alternatives, but parallel, approaches to the future use of the Windward Property contemplated by the Settlement. Any conveyance of and use restrictions imposed on the Goodell Property as described in the Windward Specific Plan are voluntary on the part of the owner of the Windward Property (Windward Owner) and not the result of rel?ulations imposed on the Goodell Property by either the City or, if the Windward Specific Plan is incorporated into the City's certified Local Coastal Program, the Coastal Commission. 1.2.3 The Settlement's Two Alternative Approach Acquisition Alternative - The settle.Y,eRt @gFeemeRtSettlement provides an opportunity to preserve both the Windward pfepe"Property and the adjac-eet 6.2 awe -Goodell pFepefty asProperty for open space- and conservation uses (Acquisition Alternative). Pursuant to the agreepneRtSettlement, Signal-4a-s independently entered into an option agreement with the Trust for Public Land (TPL) for the purchase by TPL of the Windward and Goodell pFepeFt Properties (TPL Option). Founded in 1972, TPL is a nationwide non- profit organization that acquires land from private owners and conveys it into public or non -governmental organization ownership for conservation or public park purposes. -Since its inception, TPL has protected 3.3 million acres of land in over 5,400 separate acquisitions. SigRal'c epti„r agreement with TDI The TPL Option grants TPL an eighteen -month period in which to raise funds to purchase both the Windward and Goodell ^r^ Properties. The eptiet TPL Option will expire in October 2017. -The purchase price will behas been determined by an independent third party appraisal. -Signal is cooperating with TPL in pursuit of the aGqUiSitieR alteFRativeAcquisition Alternative. Development Alternative - Because it is unknown whether or not the Acquisition Alternative will be successful, the settl „t agFe ^^^^*Settlement allows Signal to pursue - concurrently with TPL's pursuit of acquisition funds - entitlements for residential development on the approximately -59402.5-acre westerly portion of the Windward site. in aeE Property adjacent to Bolsa Chica Street (Windward Residential Parce( with the settlefMeRt agFee ent, SigR@(—+s PFOPesing, thFougb tb-i-sWindward Open Space Parcel and the Goodell Property being restricted and conveyed for open space and resource conservation uses only (Development Alternative). Consistent with the Settlement, the Windward Specific Plan, to will designate the ' +ern h-.If of its five arare parcel (2.5 @Gres adjaeeRt W RAISA Chi, StFeet)Windward Residential Parcel for medium density residential use-, 4at-Apri1 2018 29-1-� 1-6 Item 22. - 237 HB -1344- 1. Introduction with the implementation of that use subject to the implementation measures set forth in Chapter 5 of the Windward Specific Plan (Implementation Measures). The Windward Open Space Parcel (i.e., the remaining easterly 2.5 acres of the Windward Property) will retain the current Open Space/Park land use designation = Taken together, the Implementation Measures shall ensure that before grading permits may be d^^' dissued for the Windward Residential Parcel the following actions must occur: • Deed restrictions limiting the Windward Open Space Parcel and the Goodell Property to open space and resource conservation uses must be executed and recorded. • An offer to dedicate the Windward Open Space Parcel to a geveFRme +a'py.blic agency or a conveyance of the Windward Open Space Parcel to a qualified RGR pF44ngnprofit such as the Bolsa Chica Land Trust JBCLTJ or aeanother accredited land trust Go ? ;;c-rP,;must be executed and recorded. The offer or conveyance must restrict the Windward Open Space Parcel to open space and resource conservation uses. • An offer to dedicate the Goodell Property to a geveFRmeRta4pRbric agency or a conveyance of the Goodell Property to a qualifiedHen e€it E)Fganizat+eRnonprofjt such as the BCLT or aeanother accredited land trust pre7er=t. 1lnder either -alternative, must be executed and recorded. The offer or convevance must restrict the Goodell Property to open space and resource conservation uses. Since the Goodell Property is not in the City pareel will re --,- as ^^^^ s^ac^.and is not subject to regulation by the City, the Goodell Property itself is not subject to the Windward Specific Plan and its Implementation Measures. Therefore, any conveyance and/or restriction of the Goodell Property must be voluntarily accomplished by the developer of the Windward Residential Parcel. Chapter 5 further addresses these actions. lay=April 2018 a-0 -7 1-7 xB -1345- Item 22. - 238 WINDWARD 1. Introduction .. 1.3 Summary of Land Use Plan and Zoning Designations The -Wi; dwaFd Speccf-+e- Plan -areal;4c-atedwit#ipthe Coastal Z-e„e—The current land use designation for the pFepeqyW dward Prooerty in the City's Local Coastal Program, as well as the General Plan, is Open Space - Park (OS-P). -The current zoning designation for the Windward Property, as well as the City-owpe4 pFepe y Property. is Residential Agriculture (RA) with a Coastal Zone overlay (Exhibit 1- 3, Existing and Proposed Land Use Plan Designations and Exhibit 1-4, Existing and Proposed Zoning Map Designations). -The RA zoning allows agricultural uses, single family dwellings, nurseries and temporary uses such as storage yards. -A --- Exhibit 1-3, the Specific Pl- n ,.,^u ld- GhaRge the As shown on Exhibit 1-3, the Windward Specific Plan would change the land use designation for the Windward Residential Parcel in the LCP and General Plan to Residential Medium Density. The Windward Open Space Parcel and the City Parcel would retain the current OS-P land use designation. As shown on Exhibit 1-4, the zoning for the entire Specific Plan Area will be SP (Specific Plan with the Windward Residential Parcel designated as RM (Residential -Medium) in the Windward Specific Plan and the Windward Open Space Parcel and the City Parcel designated as Coastal Conservation (CC) (see Exhibit 2-1, Land Use Plan). May 4P Item 22. - 239 xs -1346- 1-8 WIN D WARD _y Exhibit 1-3 Existing and Proposed Land Use Designations 11x17 1. Introduction May pri1 — g 1-9 xB -1347- Item 22. - 240 tN1 N DWARD 1. Introduction Exhibit 1-4 Existing and Proposed Zoning Map Designations 11x17 A,,1, A ril 2018 24P Item 22. - 241 HB - l 34s- 1-10 WINDWAP,l) 1. Introduction a4alr pril 3018 22017 xs - 1 349- Item 22. - 242 WINDWARD = 1. Introduction 1.4 Authority and Scope for Windward Specific Plan The authority to prepare, adopts and implement specific plans is granted to the City -of HURtiRgteR B - h by the California Government Code (Title 7, Division 1 Chapter 3, Article 8, Sections 65450 through 65457). Specific s I� are generally designed to: 1. Provide greater level of detail than a traditional zoning ordinance and to serve as a tool to tailor development policies and regulations to a particular site; 2. Provide more specific site development standards to create appropriate land use designations and design criteria that addresses project -specific issues; and 3. Provide decision makers with the opportunity to comprehensively review a land use plan in its entirety at the outset in order to consider land use compatibility, circulation, infrastructure and other issues related to development of a site. The Windward Specific Plan will be used by the City to implement the City's Local Coastal Program and General Plan for the prepeFty. Windward Property. The Windward Specific Plan contains all the applicable land use regulations and thus constitutes the zoning ordinance for the Windward pFepeFty. Property. The development standards contained in t44sthe Windward Specific Plan will take precedence over all provisions of the Huntington Beach Zoning and Subdivision Ordinance, HBZSO unless otherwise noted. 1.5 Purpose and Intent The Windward Specific Plan provides the City— Of :�ti�gton gear:h with a comprehensive planning program to direct the development of the residential and open space areas contained within t#i,flr g-r- a T-h+sthe Windward Property, The Windward Specific Plan provides a description of the land use, public facilities, circulation, infrastructure, development standards, and implementation measures to ensure the Windward Property is developed in a manner consistent with the City's vision for the site. _It also allows the City to consider a comprehensive planning approach for the open space eppeqwniti and conservation uses available in the future in conjunction with the Cit Pro ert and t-ia�-8# the neighboring Goodell ,nr^rter+., �� .,r,on ter,,,.^ ..,^n Property. The regulations contained in the Windward Specific Plan will ensure that development of the Windward Property is designed in concert with the surrounding open space assets. Because the prepertyWindward Property lies within the Coastal Zone, special consideration is given to fulfilling the objectives of the California Coastal Act as expressed in policies promulgated in the City's Local Coastal Program. -In the case of April 20 ] 8 2012 Item 22. - 243 HB -1350- 1-12 WINDWARD 1. Introduction the WindwardtProgerty, public access and resource protection —_including both biological and cultural resources — are the two most relevant Coastal Act issues to be addressed. -The Windward Specific Plan along with a corresponding General Plan Amendment, will awe become effective u on certification by the C#yLs L-C-RCoastal Commission as es.5a4:yan amendment to eaFFy eut the City's visieR-feF the pFepeFt , Local Coastal Program (LCPA). 1.6 Objectives of the Windward Specific Plan •• Provide a comprehensive land use plan that designates the location and intensity of land uses along with roadway circulation and public facilities. •! Implement the Ridge litigation.. Settlement. �• Ensure compatibility with surrounding land uses. a,*Provide housing opportunities in a location where housing is in high demand. •• Provide access to Coastal property that is currently inaccessible to the public by dedicating a portion of the site to a government agency or qualified non-profit organization, and creating trails that allow the public to enjoy passive Feereatier the open space and resource conservation areas. •* Design a residential community that promotes resource protection and maximizes open space by clustering development close to existing development. _e Provide a mechanism whereby the Windward Specific Plan facilitates a comprehensive examination of the surrounding properties and consideration of future open space connections and passive ublic open space and resource conservation opportunities. e• Establish development standards that prevent degradation of coastal resources and provide designs for open space that improve the current ecological value of the property. 1.7 General Plan Consistency The Windward Specific Plan will implement the following goals of the Huntington Beach General Plan;: • LU4: Achieve and maintain high quality architecture, landscape and open spaces in the City; April 2018 �? 1-13 HB -1351- Item 22. - 244 WINDWAPT 1. Introduction • LU8: Achieve a pattern of land uses that preserves, enhances and establishes a distinct identity for the City's neighborhoods, corridors and centers; • LU9: Achieve the development of a range of housing units that provides for the diverse economic, physical and social needs of existing and future residents of Huntington Beach; and • ERC1: Improve and enhance the overall aesthetic value and appearance of the City of Huntington Beach through the provision and maintenance of local public and private open space. • Cl: Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs. • C2: Provide coastal resource access opportunities for the public where feasible and in accordance with the California Coastal Act requirements. • C4: Preserve and, where feasible, enhance and restore the aesthetic resources of the City's coastal zone, including natural areas, beaches, harbors, bluffs and significant public views. Auril 2018 -244-; Item 22. - 245 HB -1352- 1-14 WI N DW RP 2 DEVELOPMENT PLAN 2.1 Land Use Plan pjpj 2. Development Plan The Windward Land Use Plan is illustrated on Exhibit 2-1, Land Use Plan, and contains approximately 5.3 acres. The Windward Property is composed of a reesideeiptia_l Space Parcel. The Windward s#eProperty overlooks some of the lowland areas of Bolsa Chica owned by the State of California to the south and the Parkside project open space area to the east. -The site is across Bolsa Chica Street from the existing Sandover neighborhood at the intersection of Los Patos and Bolsa Chica Street and adjacent to apartments on the north. The reesRtial development areaWindward Residential Parcel allows for 36 residential dwelling units clustered adjacent to existing residential development (see Exhibit 2-2, Illustrative Site Plan). -The non-residential land uses designated for the Windward Open Space Parcel are intended primarily for passive FeGFea#e42pen s and resource conservation uses which are described in Chapter 4, Open Spaced and Resource Conservation. Table 2-1 Land Use Summary Table Land Use Acres Housing Units Density Residential - Medium 2.5 36 14.4 du/ac Coastal Conservation 2.8 Not Applicable Not Applicable Residential Development As identified in Table 2-1, the Windward Specific Plan contains a Residential — Medium land use category providing for a maximum of 36 residential dwelling units. In addition to the housing units, a private recreation area is provided at the northwest corner of the Windward Residential Parcel and may contain a swimming pool, gas grill, an outdoor fireplace, or similar amenities. Adjacent to the community recreation area, at the southeast corner of Bolsa Chica Street and Los Patos Avenue, is the existing landscaped entrance to the Brightwater and Sandover neighborhoods, which will retain its existing 1 Precise acreages are 2.50 acres of Residential — Medium and 2.76 acres of Coastal Conservation. Acres are rounded to 2.8 acres throughout the Windward Specific Plan. -?4 244-?.Apr.l....?Ol$. 2-1 HB -1353_ Item 22. - 246 wI NDWAM) 2. Development Plan use. The residential landscape and architectural design concepts (including project entry, private recreation area, wall and fence design, open space trail, and plant palette) are provided in the Chapter 6, Appendices. Development Standards are set forth in Chapter 3. Mj ?-44-%A.p...ri.l_?Q[S 2-2 Item 22. - 247 HB -1354- V INDWARP ' � 2P .April 20 ] 8 Exhibit 2-1 Land Use Plan 2. Development Plan 2-3 HB -1355- Item 22. - 248 WINDWARD Exhibit 2-2 Illustrative Site Plan 2. Development Plan May, 201 "A.....p20.1.8 2-4 Item 22. - 249 H B -13 5 6- WINDWARD 3. Development Standards 3 DEVELOPMENT STANDARDS 3.1 Purpose and Intent The purpose of this section is to provide specific development standards and regulations that will be applied to all new development permitted within the Windward Specific Plan Area. -These regulations are intended to provide criteria to be used by builders, planners, engineers, architects, landscape architects and other professionals in order to maintain the design quality of the project area. 3.2 Applicability The Windward Specific Plan shall be the zoning document for the Windward Specific Plan Area. Pupthemr r-e, which consists of the Windward Residential Parcel. the Windward Open Space Parcel, and the City Property, all as identified on Exhibit 2-2. The Development Standards deta+ledfor the Windward Residential Parcel are set forth in this seEtieR shall be applicable to all ppepeFty Withi^ the-Speeifie Plan rr ccn-r�-rm-r aFea:-Section 3.3 below. General Regulations for the Windward Residential Parcel are set forth in Section 3.4. The Development Standards for the Windward Open Space Parcel are set forth in Section 3.5. A general description of the open space improvements for the City Property is found in Section 3.6. Where there is a conflict between the provisions of #4sthe Windward Specific Plan @Rd the HWRtiRgtGR Be ZeRiegand Sty"�TSielp CFQiR@ Ge, the HBZSO, the Windward Specific Plan shall apply. Where the Windward Specific Plan is silent, the provisions of the HUHtiRg HBZSO shall apply. -34 Windward Residential esidentia' — Medium Shi*eParcel Development Standards 4:3.3.1 Purpose The Resiae ill Planning-AFea isffiptepd-ed- te—pei"''`-rq;t a crf l 9f R6Thirty-six residential dwelling units are permitted on the approximately 2.5-@eFes-acre Windward Residential Parcel, for an overall density e#yield of approximately 14.4 dwelling units per acre. 2,3.3.2 Permitted Uses a-1. Primary Uses. The following primary uses are permitted subject to a Conditional Use Permit and Coastal Development Permit from the Planning Commission in accordance with the provisions of the Z$HiRgand ' QFGliR@Ree („ ZSQ), aJHBZSO, as either may be amended from time to time. May 204-' —April 2018 3-1 HB -1357- Item 22. - 250 W i N P WAM) 3. Development Standards -1}a. Residential duplexes; 24b. Single family detached homes; and 4} .Multi -family residential units-,, b:2. Ancillary Uses. The following uses are permitted ancillary to athe primary use-asuses listed above; haweveF, -a. A coastal development permit may be required in accordance with the provisions of Chapter 245 of the HBZSO: 44a. Community recreational amenities, including swimming pools, tot lots, fireplaces, barbecue area, and picnic facilities; and 2}b. Accessory uses and buildings, subject to the provisions +roof Section 230.08 of the HBZSO. These uses include,, are not limited to, fencing, swimming pools, spas, therapy baths, water fountains, rock formations, freestanding barbecues/and fireplaces, covered patios and decks, and detached accessory structures (such as non-commercial greenhouses, gazebos and storage sheds). c—.3.Temporary Uses. The following temporary uses are permitted subject to the provisions of the HBZSO_ 1) Home finder/sales center, including mobile homes or trailers, subject to Chapter 230 of the HBZSO; 2) Model home complexes, subject to Chapter 230 of the HBZSO; 3) Real estate signs relating to the sale, lease, or other disposition of real property on which the sign is located, subject to Chapter 233 of the HBZSO; and 4) Other uses in conformance with Section 241.20 of the g-tE)R 3�3.3.3 Building Site Standards a-.1. Minimum Buildina Site Area — 2.5 acres. b-.2. Maximum Height of Individual Buildings 44a. Three (3) stories and 35 feet high. Roof decks shall not be considered a story. 24b. Building height is measured from finish floor to top of building. The finished floor elevation shall be a maximum of two (2) feet above the highest point of the curb adjacent to Bolsa Chica Street. c. Roof deck trellises are permitted up to a maximum of ten (10) feet above the roof deck floor and shall meet the following criteria: May ni Apri12018 3-2 Item 22. - 251 HB _135g_ WINDWARD 3. Development Standards 1 Setback a minimum of five (5) feet from the edge of the roof or adjacent unit: 2) No more than 150 square feet in area- 3) Open on three (3) sides: and 4) Lattice design only. d. Roof equipment, including but not limited to elevators, may exceed the maximum height by an additional ten (10) feet. c 3.Minimum &a4444g-Setbacks o Individual Buildings 44a. Front Setback (Bolsa Chica Street Right of Way) —15 feet_ fib. Side Setback (Open Space Lot) — 9 feet_ 94 Rear Setback (Open Space Lot) —13 feet. 4)4. No setback from the first floor (upper story setback) is required for the second or third floor. 44. Minimum Distance Between Buildings _710 feet Maximum Cumulative Lot Coverage of all Individual Buildings — 50 percent 4Z.3.4 Open Space Requirements a-1. Private Open Space 44a. Each dwelling unit shall have a minimum of 300 square feet of private open space which may be s6aks#ed by the FGef deck gr-eund4looF -2)b. A maximum of 50 percent of the required private open space may be satisfied with usable roof deck area. aualrepie,;Private balconies May 204TA ---- 18 3-3 xB -1359- Item 22. - 252 WINDWARD 3. Development Standards and ground floor open space (rear yards and private patios) shall make up the additional required private open space. -3}c.Balconies shall have a horizontal rectangle which has a minimum dimension of six (6) feet. 440. Ground floor open space, including rear yards, shall have a horizontal rectangle which has a minimum dimension of eight (8) feet. 54e. Roof decks shall have a horizontal rectangle which has a minimum dimension of ten (10) feet. b-2. Common Open Space 442. A common recreation area shall be provided for all ttf the residents which may include a pool, bbgbarbecue area, picnic area, seating area, or similar amenities. 24, ..The common recreation area shall be a minimum of 3,800 square feet. 5z3.3.5 Parking Requirements a-1. Enclosed Parking. Each residential unit shall have a minimum of two (2) enclosed spaces. b-2. Guest Spaces. One (1) unenclosed guest space shall be provided within the development for each residential unit. Guest spaces shall not be assigned to individual residential units. &3.3.6 Affordable Housing Section 230.26 of the HURti gtGR Bach ZORiRg QFdiRaReeHBZSO requires that at least ten percent 10% of all new residential construction shall be affordable units. -The Windward Specific Plan provides 36 residential units; th—n,eFefeFe. Therefore, the affordable housing requirement is 3.6 affordable units. '^ Arde.r taTo satisfy t#e gthis requirement, the City and the Windward Owner will enter into an agreement that provides for the payment of in lieu fees for the 3.6 affordable units consistent with the City's affordable housing in -lieu fee program. -7,3.3.7 Prohibited Uses The following uses are prohibited: industrial uses; commercial uses, except home offices; billboards; signs which do not display information related to an activity, service, or commodity available on the premise; and uses not expressly permitted in this section. 8- 3.3.8 Landscaping, Walls, and Fencing May �n' April 2018 3 4 Item 22. - 253 HB -1360- WINDWARD 3. Development Standards Landscaping, walls, and fencing within the Specif,e PIaR Area\Aindward Residential Parcel shall be subject to the provisions established within Chapter 6, Appendices, of this Sper=,f;,. D� . the Windward Specific Plan. The plant palette for the Residential Parcel is derived from the Coastal Commission —approved plant palette for the neighboring Brightwater community. Table 6-1 in Chapter 6 identifies both the plant species approved for use within the Windward Residential Parcel and those that are prohibited. Thirty -six-inch box trees required by Section 232.08.13 of the HURtiRgteR HBZSO may be located in common or private open space areas. All perimeter fencing shall be consistent with the fencing described in Exhibit 6-5, Wall and Fence Plan, and Exhibit 6-6, Wall and Fence Elevations. .9-.3.3.9 Signs and Outdoor Lighting All signs and outdoor lighting shall be in accordance with Chapters 232 and 233 of the HBZSO. Outdoor lighting shall adhere to "dark sky" regulations and be designed to provide adequate illumination of on -site areas without intruding upon surrounding properties or environmentally sensitive usesareas. 443.3.10 Utilities All development projects shall be required to install adequate utility services necessary to serve the development. All utilities shall be placed underground in identified 44 easements, excluding streetlights and electrical transmission 66kV or greater. -Utility systems shall be designed to conserve the use of electrical energy and natural resources.- Developers shall coordinate with electricity, telephone and cable television companies regarding energy conservation and proper planning, phasing and sizing of lines. 14-3.3.11 Home Occupations Home occupations shall be in accordance with Section 230.12 of the H uRti RgteR Rear,h H BZSO. 1-2,3.3.12 Lots and Buildings Lots and buildings shall be as depicted on the Final Tract Maps and the final Project - Level Site Development Plan. -In the case of discrepancies between this Chapter, the HURtiRgtE), Bear" ZeRiRg BZSO, and ,for the Tract Maps or Site Development Plan, the Tract Maps and Site Development Plan shall take precedence. May 2004?ApdI 2018 3-5 1 HB -1361- Item 22. - 254 WINDWARD = 3. Development Standards .n: 716Coastal Conservation DiStrie•t ef. the Huntington Bear* QFdiRaRGe, as maybe ameii-e-I General Regulations: Windward Residential Parcel Except where otherwise provided in the Windward Specific Plan, the foIIowLpz general regulations shall apply to the Windward Residential Parcel: 3.4.1 Streets Streets within the Windward Residential Parcel as shown on Exhibit 6-9 shall be maintained by the Windward Homeowners Association. Entry controls such as ates, guardhouses, and wards are prohibited. 3.4.2 Walls and Fences a. Walls and fences shall be constructed as shown on Exhibit 6-6. The use of lass in the perimeter walls adjacent to the open space area shall be prohibited. b. No walls, fences, or other devices designed to preclude public access to the open space area are allowed except those approved as part of the Windward Specific Plan. 3.4.3 Covenants. Conditions and Restrictions (CC&Rs) a. Prior to the issuance of the first building permit for the Windward Residential Parcel, Covenants. Conditions and Restrictions (CC&Rs) shall be recorded agajnst the Windward Residential Parcel stating, among other things. that the City has authorized development on the Windward Residential Parcel, subject to terms and conditions that restrict the use and enjoyment of the Windward Residential Parcel. b. The CC&Rs shall reflect either in their main text or in an exhibit all conditions of the Conditional Use Permit and Coastal Development Permit applicable to the development of the Windward Residential Parcel. c. At least 90 days before City Council action on the final map subdividing the Windward Property into the Windward Residential and Open Space Parcels, the CC&Rs shall be submitted to the Departments of Communjty Development, Public Works. and Fire and the City Attorney's office for review and approval. d. The CC&Rs shall be binding upon and run with the Windward Residential Parcel and be included or incorporated by reference in every deed Mai 201-;Apri1 20 ] 8 Item 22. - 255 HB -1;62- 3-6 WINDWARD 3. Development Standards conveying either the Windward Residential Parcel or a condominium interest within the Windward Residential Parcel. e. The CC&Rs shall provide for maintenance, repair, and replacement by the Windward Homeowners Association of all HOA-owned improvements within the common areas of the Windward Residential Parcel, including landscaping, irrigation, private streets, parking, recreation, open space. community walls and fences, community facilities, drainage facilities. water quality BMP's, and private service utilities. The CC&Rs shall also include the plant palette provided in Table 6-1 of the Windward Specific Plan which identifies the approved and prohibited plant species for the Windward Residential Parcel. f. The CC&Rs shall provide for maintenance, repair, and replacement by the HOA of signage, landscaping, irrigation, trail, trail fencing, and bench in the Windward Open Space Parcel until the Windward Open Space Parcel is transferred to a governmental agency or to a qualified non-profit organization. g. The CC&Rs shall provide that the HOA is responsible for maintaining the trail, signage, trail fencing, and landscaping on the City Property and shall execute a Landscape Maintenance Agreement with the City for the continuing maintenance including, but not limited to the landscaping, decomposed granite trail, signage, trail fencing, irrigation, and water quality and drainage features associated with the City Property. The Landscape Maintenance Agreement shall describe all aspects of maintenance, such as removal of trash, debris, and silt buildup. removal/replacement of dead, damaged vegetation resulting from public use of the trail system, or any other aspect of maintenance, repair. replacement, liability, and fees imposed by the City. h. The CC&Rs shall provide that neither the residents of the Windward Residential Parcel nor the HOA shall interfere with public access to the trail within the Windward Open Space Parcel or close it off for the exclusive use of the residents of the Windward Residential Parcel. 3.4.4 Resource Protection a. A Domestic Animal Control Plan shall be prepared that details methods to be used to prevent pets from entering any adjacent resource protection areas, including but not limited to, appropriate fencing and barrier May 20474aji 2018 3-7 HB -1;6;- Item 22. - 256 WINDWARD -_ 3. Development Standards plantings. The plan shall be approved by the Community Development Department and subsequently distributed to each homeowner. b. A Pesticide Management Plan shall be prepared that, at a minimum, prohibits the use of rodenticides and prohibits the use of toxic pesticides and herbicides in outdoor areas, other than Vector Control conducted by the City. County, or Special District. c. To ensure the continuance of habitat value and function of the adjacent designated Environmentally Sensitive Habitat Areas, the developer shall provide any buyer of a housing unit within the project an information packet that explains the sensitivity of the natural habitats adjacent to the Windward Residential Parcel, the need to minimize impacts on the designated resource protection areas, and the prohibition on the planting of 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 Pesticide Management Plan and be required for all sales of housing units. The developer shall provide the City with a copy of the information packet. 3.5 Windward Open Space Parcel Development Standards Prior to the issuance of the first occupancy permit for a residential unit other than a model home within the Windward Residential Parcel, the developer of the Windward Residential Parcel shall complete the public improvements for the Windward Open Space Parcel. 3.5.1 Windward Open Space Parcel Improvements The public improvements for the Windward Open Space Parcel are described in Chapter 4 and include a decomposed granite trail, bench, trail fencing, directional and interpretive signage, and the approved landscape palette. 3.5.2 Windward Open Space Parcel Landscapine The native landscape plan for the Windward Open Space Parcel is discussed in Chapter 4 and shown on Exhibit 4-1. Open Space and Resource Conservation Concept Plan. The Windward Residential Parcel CDP shall require the Windward Owner to: • Prepare a Habitat Management Plan (HMP) for the Windward Open Space Parcel consistent with the native landscape plan set forth in Chapter 4. • Be responsible for initially installing the landscaping on the Windward Open Space Parcel. • Maintain the native landscaping pursuant to the HMP until 90% of the residential units within the Windward Residential Parcel have been sold. May 2Q4-;A ri 018 Item 22. - 257 HB -1364- 3-8 WiNaWAPT 3. Development Standards The CC&Rs for the Windward Residential Parcel shall provide that: • The HOA shall assume responsibility that maintenance when 90% of the residential units within the Windward Residential Parcel have been sold. • The HOA shall retain that maintenance responsibility until the City confirms that all success criteria required by the CDP for the Windward Open Space Parcel native landscaping have been met. • Once the City confirms that all success criteria required by the CDP for the Windward Open Space Parcel native landscaping have been met, the then current owner of the Windward Open Space Parcel shall assume ongoing responsibility for maintenance of the Windward Open Space Parcel. 3.5.3 Windward Open Space Parcel Signage 1. Trail Entrances. Signs shall be posted at the north and south entrances to the trail at Bolsa Chica Street directing the public to the trail heads as shown on Exhibit 6-8. 2. Interpretive Sign. An interpretive sign shall be located along the trail within the Windward Open Space Parcel as shown on Exhibit 6-8. The sign shall include educational information about archaeological site CA ORA 86 and historical aspects of the Windward Open Space Parcel. 3. Coastal Access Trail. Plans for the coastal access trail shall be submitted to the City concurrent with the plan check submittal for the Windward Residential Parcel. The plans for the trail shall include signage indicating public access and provide informational details about the entire coastal access path including length of the entire path to the Bolsa Chica Wetlands. 3.6 City Property Open Space Improvements The public improvements for the City Property are described in Chapter 4 and shown on Exhibit 4-1. The City Property will serve as a trailhead to funnel pedestrians to and across the Windward Open Space Parcel. Prior to the issuance of the first occupancy permit for a residential unit other than a model home within the Windward Residential Parcel, the developer of the Windward Residential Parcel shall complete the public improvements for the City Property described in Chapter 4, including the trail, signage, trail fencing, and landscape improvements. 3.7 Compliance with Mitigation Measures Development of the Windward Residential Parcel shall comply with the following Mitigation Measures from Negative Declaration No. 16-003: 1. Prior to any development, the Applicant shall retain a City -approved Archaeologist who meets the Secretary of Interior Standards for both Archaeology and History. An May 04 Apri12018 3-9 HB -1365- Item 22. - 258 3. Development Standards Archaeological Mitigation and Monitoring Plan (AMMP) shall be developed prior to initiating construction to outline "controlled archaeological grading methods," which has been shown to be an effective invest"ive method for locating previously unknown resources on Bolsa Chica Mesa. The plan shall include protocol for the mitigation of cultural resources through a research design and recovery/preservation plan, including significance testing of inadvertent archaeological finds: lab analysis, curatorial requirements, and reporting requirements: and identification of an acceptable repository for all recovered material with curatorial fees being paid by the Applicant. 2. In accordance with CR-1 and the AMMP, controlled archaeological grading shall occur across the entire Windward project site prior to the issuance of a grading permit for residential development of the project site. Archaeological grading shall consist of using mechanized equipment where the plowzone is removed in approximate 2 centimeter depth increments by a mechanical scraper, as part of the controlled grading effort and under the supervision of the archaeological site supervisor. The grading process shall be limited to slow excavation in small horizontal areas providing ultimate control. The archaeologist(s) and Native American Monitor(s) shall examine the soils as they are exposed. Previous investigations have shown that once below the plowzone, soils consist of: 1) basal midden remnants (beige -yellow in color) or 2) Pleistocene terrace deposits (red in color). Culturally -sterile Pleistocene terrace deposits are shallow at this location, reached at a maximum depth of 150cm below the surface. The entire process shall be monitored by both Gabrielino and Juaneno Native American monitors. Monitoring will occur with at least one archaeologist and one Native American monitor per equipment array that is operating. 3. All construction personnel shall be instructed to stop work on the project site in the event of a potential find, until the archaeologist and Native Monitors have been able to assess the significance of the find and implement appropriate measures as outlined in the AMMP to protect or scientifically remove the find. Construction personnel shall also be instructed that unauthorized collection of cultural resources is prohibited by law. If archaeological resources are discovered during ground - disturbing activities, the archaeologist has the authority to cease all earthwork in the immediate area of the finds (within 50 feet) until the find can be evaluated for significance. In the absence of a determination, all archaeological resources shall be considered significant. If the resource is determined to be significant, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. ?;Aril 2018 3-10 Item 22. - 259 HB -1366- WINDWARD, 3. Development Standards 4. In the event cultural resources are exposed in any overlying basal midden remnants during the controlled archaeological grading, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. Specific protocol for uncovering the resource and analyzing its significance will be detailed within this plan. The protocol shall establish procedures for various types of archaeological resources that may be discovered. Because of their cultural significance, however, if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or reliEious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. 5. If human remains are discovered durjng construction or any earth -moving activities, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric. the Coroner must notify the Native American Heritage Commission (NAHC1. which will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site and may recommend or deny scientific removal and nondestructive analysis of human remains. If the human remains are determined to be in situ, i.e.. they have not been moved or relocated to the site of discovery, the preservation methods in CR-4 shall apply. 6. Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the City that a City -approved paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre -grade conference, shall establish procedures for paleontological resource surveillance, and shall establish. in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and salvage. 7. Prior to construction -related ground disturbing activity, a qualified biologist shall survey the project site for presence of Southern tarplant during the appropriate blooming period. May — November. If feasible, the survey shall be conducted during May 244-7--T l2018 3-11 HB -1367- Item 22. - 260 WIN DWARid 3. Development Standards the peak blooming period for the year. Any substantial occurrence (at least 500 mature individuals) shall be preserved on -site or relocated to open space areas in the Bolsa Chica area. If relocation is required, a Southern tarplant relocation program shall be prepared by a qualified biologist and implemented prior to the onset of construction. 8. Prior to construction -related ground disturbing activity, focused burrowing owl surveys shall be conducted in accordance with the CBOC and California Department of Fish and Wildlife (CDFW) established protocols on the project site. • If no occupied burrows are found, the methods and findings of the surveys shall be reported to the City and CDFW for review and approval and no further mitigation would be required. • If unoccupied burrows are found during the nonbreeding season, the burrows shall be collapsed or otherwise obstructed to prevent owls from entu n and nesting in the burrows. • If occupied burrows are found, a buffer of 165 feet (during the nonbreeding season of September 1 through January 31) or 250 feet (during the breeding season of February 1 through August 31) shall be provided. The buffer area may be adjusted based on recommendations by a qualified biologist in consultation with the CDFW. No activity shall occur within the buffer area until a qualified bjoloist confirms that the burrow is no longer occupied. • If the burrow is occupied by a nesting pair, a minimum of 6.5 acres of foraging habitat contiguous to the burrow shall be maintained until the breeding season is over. The 6.5 acres would consist of the five acres of the project site as well as the adjacent 6.2 acre Goodell Property. The western portion of the Shea property is designated as permanent open space providing an additional 19 acres of foraging habitat. • If avoidance of an occupied burrow is not feasible, on -site passive relocation techniques approved by the CDFW shall be used to encourage the owls to move to an alternative borrow outside of the impact area. However, no occupied burrows shall be disturbed during the nesting season unless a qualified biologist verifies through noninvasive methods that juveniles from the occupied burrows are foraging independently and are capable of independent survival. Ma 20"Apri12018 Item 22. - 261 HB -1368- 3-12 WINI WARD Resource Conservation 4 OPEN SPACE PASSIVE oAND RESOURCE CONSERVATION PLAN 4.1 Windward Open Space and Passive Park Resource Conservation Uses The Windward Owner has requested adoption of the Windward Specific Plan to implement the open space and resource conservation vision of the Settlement. The Windward Specific Plan designates the land use of the ee-tee-half ef the Sig444 Windward Open Space Parcel and the City Property as Open Space - Park with a Coastal Conservation designation.- The allowable uses under the City's existing Open Space - Park land use designation and Coastal Conservation zoning are limited to pedestrian trails and observation platforms for passive nature study. -Consistent with those regulations, the uses for the epeR spae-e PeFti9R Of t�Windward 4te, en Space Parcel are limited to a pedestrian trail which includes interpretive signage and a scenic overlook.- The Open Space - Park land use designation and Coastal Conservation designation provide a land use that is compatible with the use of the adjacent Parkside property. -Although high density residential uses border the northern edge of the Windward Property and lower density residential is located immediately west of the site, the eastern and southern edges abut open space areas that serve important ecological functions and are an integral part of the Bolsa Chica environment. In 2012, the Coastal Commission approved the Parkside residential development project, which borders the Windward and Goodell pFepeAies.-Properties. Due to concerns about the continuing viability of a grove of eucalyptus trees to function as Environmentally Sensitive Habitat (ESHA) and the presence of a wetland, the Commission designated approximately 18 acres of the western portion of the Parkside property as open space to accommodate various ecological buffers and water quality treatment areas. -As part of the project approval, the developer was required to prepare a Habitat Management Plan (HMP) for the areas of the property designated as open space/conservation. -The HMP calls for the area that abuts the Windward s4eOpen Space Parcel to be revegetated with native grasses and some scrub species. The area adjacent to the Goodell pFepe4yPro2erty is planned for scrub/grassland and Coastal Sage Scrub revegetation. -The HMP has been approved by the Coastal Commission but has not yet been implemented by the deye'^^^� The open space plan for the Windward site -as well the Goodell rgy if it is ultimately -acgired-@S GpeR space must tal(.t--Open Space Parcel also takes into consideration habitat restoration plans approved by the Coastal Commission on the adjoining Parkside property to ensure that the landscape plans and plant palettes are compatible and complement one another. -Accordingly, the permitted uses and landscape plan for the epeR space @Fea ^n the Windward ,+t isOpen Space Parcel are designed to be entirely compatible with the approved HMP for the Parkside project. -In May 201-7AP HB -1369- Item 22. - 262 fact, as shown on Exhibit 4-1, Open Space Passive Par' and Resource Conservation Concept Plan, the native landscape plan for the Windward Open Space Parcel essentially expands the three -acre grassland/scrub area on the western edge of Parkside onto the easteFR half of the Windward s+te0 en Space Parcel creating an approximately 5.5-acre contiguous grassland/scrub area. The conceptual plant palette for the Windward epeR spaee @FeaOpen Space Parcel is comprised primarily of native grassland with some scrub species.— These species are listed on Table 4-1, Conceptual Open Space Native Plant Palette. TABLE 4-1 Conceptual Open Space Native Plant Palette Container Plants Scientific Name Common Name Plants/ac Cylindropuntia prolifera Coastal Cholla 150 Opuntia littoralis Coastal Prickly Pear 200 Plants from Seed Scientific Name Common Name Pounds/ac Ambrosia acanthicarpa Sand -Bur 5.00 Baccharis pilularis Coyote Bush 0.50 Bromus carinatus California brome 7.00 Camissoniopsis cheironthifolia Beach Evening Primrose 0.25 Dichelostemma capitatum Blue Dicks 2.00 Distichlis spicota Salt Grass 1.00 Encelia californica California Encelia 0.75 Eriophyllum confertiflorum Long -Stemmed Golden Yarrow 0.25 Eschscholzia californica California Poppy 0.50 Festuca microstochys Pacific Fescue 5.00 Heliotropium curassavicum Alkali Heliotrope 0.75 Isocoma menziesii Coastal Goldenbush 2.50 Lasthenia californica Coastal Goldfields 0.25 Lupinus bicolor Miniature Lupine 2.00 Phacelia parryi Parry's Phacelia 0.25 Plantago erecta California Plantain 3.00 Pseudognaphalium californica California Everlasting 0.25 Sisyrinchium bellum California Blue -Eyed Grass 1.50 Stipa lepida Foothill Needlegrass 6.00 Stipa pulchra Purple Needlegrass 8.00 May 01-7_ pri1 2018 Item 22. - 263 HB -1370- 4-2 WiNDWA D 4.2 4. Open Space/Passive Pk P! and Resource Conservation Verbena lasiostachys I Western Verbena 1 0.50 To facilitate public access to the pr-epe, a decomposed granite pedestrian trail is planned for the Windward Open Space Parcel that would connect to the city E)wRed pFepe"City Property along the northernmost edge of the Windward 4t,,-E operty, turning southerly to ultimately connect to trails that may, in the future, be located on the Goodell d er-ty-. Property. The plan is to initially create a trail loop that starts at the southeast corner of Bolsa Chica Street and Los Patos Avenue extending easterly through the Gity 9WRed City Property and then southerly across the Windward s4e0pen Space Parcel and then turning westerly to intersect back at Bolsa Chica Street. The trail will be located at the highest elevation of the Windward prepeetyOpen Space Parcel providing an opportunity for a scenic overlook node offering trail users unobstructed views of Saddleback Mountain in south Orange County. -As shown on Exhibit 4-1, Open Space/Passive PaFk and Resource Conservation Concept Plan, the trail would feature interpretive signage that would provide users with information regarding the property's rich history. -Ultimately, if the Goodell Property is acquired by a public agency or a qualified non-profit such as the Bolsa Chica Land Trust or an accredited land trust, the Windward trail could be extended onto the GoodelleertProaerty to create a network of trails that provide users with a variety of experiences. -Maintenance of the trail on the City -e ed-het Property would be the responsibility of the homeowner's association formed for the Windward deyel^^"' eRt—. Residential Parcel. Ram -Pa. kO en Space and Resource Conservation Concept Plan for the Windward 6es�efl O en S ace Parcel and the Cit Pro ert As described in Chapter 1, Introduction, the goal of the agree meRtSettlement is to preserve as much as possible of the two remaining privately held undeveloped parcels on the Bolsa Chica Mesa. -One alternative is for the Trust for Public Land ITPLLto purchase the entire eleven acres of privately owned property and preserve it as open space.- How the properties would ultimately be used under that alternative depends largely on what entity ends up holding title to the land. Under a scenario where both the Windward and Goodell ,_ r^ r+ -&Proper ies are purchased by TPL-14+s, the Windward Specific Plan would not be intake effect. -The prepe Windward Property would eemain epen-pace and a p!aRRiRg retain its current land use designation. The Windward Specific Plan is being created to addFes-sfacilitate the second alternative of the Settlement (Alternative 2), which allows medium density residential on half-e# SigRal La^�'�kfs appFeximately five ,ere- rape- ��he Windward Residential Parcel, May 44 Apri12018 HB -1371- 4-3 Item 22. - 264 WI N DVu74 D 4. Open Space/Passivee� and Resource Conservation with the Windward Open Space Parcel being restricted to "Open Space and preserve the Conservation Uses." For the purposes of the Windward Specific Plan. "Open Space and Conservation Uses" shall mean the following: a. Pedestrian trails, observation areas and platforms. interpretive signs and displays. native landscaping, trail fencing, and habitat restoration- b. Any additional uses set forth in the Mitigation Plan prepared pursuant to Consent Cease and Desist Order No. CCC-I2-CD-01 and Consent Restoration Order No. CCC- 12-RO-01, both approved by the Coastal Commission on September 11, 2013• and C. Any other half as -open space. Addit+e^„-ally,iR exGhaRge feF being alle ed t^ develep 2.Sac-r-es, S*gR@l LandMark-+s-ebligated tea resource protection, and conservation uses that are later approved through an amendment of the LCP approved by the City and certified by the Coastal Commission. To implement Alternative 2. however. the Windward Owner will need to voluntaril purchase the Goodell ^ ^rt„ (PUFS„-,nt W aR *StiRg Gpti^n agr^^m^nt4pr2ert and dedicate the nr^n^rtyboth the Windward Open Space Parcel and the Goodell Property to a governmental agency or a qualified non-profit such as the Bolsa Chica Land Trust or an accredited land trust as-peFinaReRt epeR space. T"„-, , nr th^ .irAited- deyelepR;ent 6=9Rtemplated in the c^ttl^meRt a gFeemeRtsubiect to restriction to the Open Space and Conservation Uses. Under Alternative 2 approximately 8.157 of the eleven acres comprising the Windward and Goodell Properties would be preserved ae � of ar.eveleped'^^^' left inthe area. Mereevfor Open Space and Conservation Uses. In the case of the Windward Open Space Parcel, preservation would be through both (i) the provisions of the Windward Specific Plan and the LCPA and (ii) a recorded deed restriction. In the case of the Goodell Property. preservation would be through a voluntary deed restriction unrelated to regulatory requirements. As contemplated by the Settlement, the opportunity to craft a comprehensive plan for a relatively large parcel of land that abuts an even larger open space complex containing valuable ecological and cultural resources is truly unique. 'ntllYn7ted We h^ onn^v^d into the City in the future and i.s include -1 in th^ May 0 ;—pn1 2018 Item 22. - 265 xB -1372- 4-4 WINDWARD Open • • • • and Also included in the eaReeptual epeR spaee pl@R isOpen Space and Resource Conservation Concept Plan is the City Property, a sliver of land owned by the City that is approximately 30 feet wide and 445 feet long (13,350 square feet) that is designated as open space -park on the City's general plan. -The paFeelCity Property forms the northern boundary of the Windward s+-eProperty and currently accommodates a native trail that is used informally by pedestrians to access the Parkside property from the intersection of Bolsa Chica Street and Los Patos Avenue. -Signal ' apdmr,a, k dedicated this parcel of land to the City for park purposes in 1999. The goals for developing a comprehensive open space plan are: ,weProvide the public with an open space plan that demonstrates the City's intentions for the 8.5 ar=Fe paFee'Windward Open Space Parcel in the event a governmental agency or qualified non-profit such as Bolsa Chica Land Trust obtains the Goodell paFeetProperty and the Goodell Property is annexed to the City. +• Ensure that land uses are compatible with adjacent properties such as Parkside Estates, Brightwater, and the State Ecological Reserve. •! Provide opportunities for public access while protecting sensitive biological and cultural resources. •• Ensure that the habitat values of the Bolsa Chica Ecological Reserve are not compromised. **Integrate into the plan a cultural mitigation program required by the California Coastal Commission under a Consent and Restoration order with S kthe Windward Owner. •• Identify appropriate areas for placement of scenic overlooks and interpretive signage. As shown on Exhibit 4-1, Open Space1Passive PaFk and Resource Conservation Concept Plan; (Concept Plan), the Concept Plan is designed to provide ublic access from the southeast corner of the intersection of Bolsa Chica Street and Los Patos Avenue, utilizing the City -steed-page-e1 Property as a trailhead to funnel pedestrians across the easteFR PGFtiG^ of the Windward pFepeFtyO en Space Parcel southerly to the Goodell t-Property. Once on the Goodell pFepeFWEEqp=er=tL trail users can visit scenic overlooks and interpretive signs or continue on to the Brightwater trail. -Careful consideration has been given to designing a trail system that does not require mechanical grading to construct and provides appropriate fencing to keep users on the trails and out of sensitive biological or cultural areas. May TA ri1201 4-5 HB -1373- Item 22. - 266 WINDWARD, � 4. Open Space/Passive Pafk P! and - Resource Conservation The City r., Red n-,rProperty will contain a decomposed granite trail with native landscape on both sides and will connect with the trail located on the Windward epeR she area. Open Space Parcel. Although this ,rc the Citv Property is only a third of an acre, it is located adjacent to the existing Los Patos Avenue public right-of-way and provides critical linkage to the Windward 9peR space ^ape^'. Open Space Parcel. Recognizing that biological and cultural resources exist in some a -revs qE ions of the S-.-S aeKesWindward Open Space Parcel, the eee-etROpen Space and Resource Conservation Concept Plan is designed to avoid re -contouring the landform e-rand any mechanized grading. It takes into consideration existi�gestablished native trails that have already beeR established eR the site. TheFe aFe seveFal aFeaS 9R the Gee paFeel, p@FtieulaFly the B-NU -hike eewFse, that Will Reed te be Fe GG)RteuFed usiRg ha feels.. The native grassland/scrub plant palette recommended for the Windward s+te pen Space Parcel is planned to extend onto the Goodell pFepe"EE9gerty to be consistent with the Parkside Estates open space parcel. -Although under the Concept Plan coastal sage scrub could be planted on the upper portion of the Goodell pFepe4yEMR=e=rty, grassland/scrub species with shallower root systems would be preferable given the presence of cultural resources on the southern portion of the art-y.-Goodell Property. The trail system on the Goodell p-R r ertv primarily utilizes t4eexi� trails t e44r+ ,,., the n pty +r,day. However, iRasmueh assince the area contains sensitive biological resources, the Concept Plan contemplates fencing sheuldwould be incorporated to keep pedestrians on designated trails to minimize disturbances to existing habitat and any native landscaping installed in the future. —With respect to cultural resources, in 2013, the Coastal Commission issued a Consent Restoration Order requiring Signal e the landowner to design and construct a cultural mitigation program in this area of the Bolsa Chica Mesa.— The cultural mitigation program could easily be incorporated into the trail and interpretive sign program established OR the 8.5 aeFer As stated previously, the Windward Specific Plan does not regulate the Goodell Property. The purpose of the Concept Plan is to provide a vision of what could occur on the Goodell Property under the Open Space and Conservation Uses to which the Goodell Property would be limited by voluntary deed restrictions under Alternative 2. Permits necessary to implement the passive marl. impFeyerrme44t-& en Space and Conservation Uses on the Goodell Property would be the subject of future entitlements and CEQA review eeeeif the Goodell y Mp=erty is acquired under Alternative 2, annexed, an LCP amendment is approved by the Coastal Commission, and a more detailed plan is developed. N4ay m April2018 4-6 Item 22. - 267 HB -1374- WIN DWAkD 4. Open Space/Passive Park P and Resource Conservation M ay 2 G4-7Ap=ri.1=20 1 4-7 HB -1375- Item 22. - 268 "'I N PWARD 4. Open Space/Passive ParkP and � Resource Conservation Exhibit 4-1 Open Space and Resource Conservation Plan 11x17 . ?9I �Anril2018 Item 22. - 269 HB -1376- 4-8 W1NDWAPZ[? ADMINISTRATION AND IMPLEMENTATION 5.1 Summary To cooperatively achieve the open space and resource conservation objectives of this Specific Plan, the City, the Coastal Commission, and the Windward Owner each require specific respective assurances. The City and the Coastal Commission need assurances that before development of the Windward Residential Parcel can begin, the conveyances and deed restrictions called for by this Specific Plan and Alternative 2 of the Settlement are operative. The Windward Owner needs assurances that if those conveyances and deed restrictions are operative, Windward Owner will have the Cight to proceed with the development of the Windward Residential Parcel as permitted by this Specific Plan. This Chapter 5 provides each of these parties with the needed assurances by making the operative status of all Required Approvals (specified in 5.3 below) and Implementation Documents (specified in 5.4.1 below) mutually contingent upon approval and effectiveness of all of the Required Approvals and Implementation Documents. 5.2 Key Definitions a. Approved/Approval: "Approved" or "Approval" refers to the process(es) prescribed by applicable local and/or state law by which the Required Approvals and the Implementation Documents are authorized by the applicable decisional authority. For example. this Specific Plan/LCPA is "approved" when the City Council has voted to adopt the resolution approving this Specific Plan/LCPA and the Coastal Commission's certification of the LCPA is complete pursuant to Public Resources Code Sections 30512 and 30513. b. Effective: "Effective" refers to the time at which a Required Approval or an Implementation Document becomes final in the ordinary course of the administrative process for that approval as set forth in applicable local and/or state law. For example, the Coastal Commission's regulations, specifically 14 CCR § 13544. specify when certification of the LCPA shall become "effective". For purposes of this Specific Plan/LCPA, Required Approvals and Implementation Documents may specify a later "operative" date subsequent to the "effective" date. c. Operative: "Operative" refers to the time at which a Required Approval or an Implementation Document may be exercised, used. or implemented. For purposes of this Specific Plan/LCPA, Required Approvals and Implementation Documents may specify a later "operative" date subsequent to the "effective" date. N4ay=2017 --- April 2018 5-1 HB -1377- Item 22. - 270 iNP WARD _.._ S Am i n i c 1 ra ti eff 5.3 Required Approvals The development of the Windward Residential Parcel authorized by the Windward Specific Plan may not occur until all of the following (the "Required Approvals") are "effective": a. By the City (collectively, the "City Approvals"): • Approval of a Local Coastal Program Amendment (LCPA)), consisting of 1) an amendment to the Coastal Element of the City's General Plan which functions as the Land Use Plan portion of the LCP, and (2) the "Windward Specific Plan." comprised of a Zoning Text Amendment and a Zoning Map Amendment to the Implementation Plan portion of the LCP: • Approval of and entry into a Development Agreement (Windward DA) between the City and the Windward Owner pursuant to Government Code Sections 65864 et seq. in order to implement Alternative 2 of the Settlement: • Approval of a Coastal Development Permit (CDP) authorjzjng construction of a 36-unit townhome development and associated infrastructure and consisting of (1) a Tentative Tract Map subdividing the Windward Property into one numbered lot for residential development (the Windward Residential Parcel) and one lettered lot for open space (the Windward Open Space Parcel) and (2) a Conditional Use Permit allowing the development of the Windward Residential Parcel in accordance with the development standards set forth in the Windward Specific Plan and the LCPA (or as certified with suggested modifications as accepted by the City): and • Approval of grading, building, and similar ministerial permits. b. By the Coastal Commission (collectively, the "Commission Approvals"): • Certification of the LCPA, in accordance with the City Approvals (or with suggested modifications as accepted by the City): • Approval of the Windward DA, to the extent, if any, required by Government Code Section 65869, including with respect to its terms regarding the acquisition, conveyance, and deed restriction of the adjacent Goodell Property: and ' All references to the "LCPA" refer to each of the components included within this bullet point. April 2018 5-2 Item 22. - 271 HB _1378_ WNDWARP 5. Admi i stfati • In the event the City's approval of the CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal raises substantial issue(s) regarding conformity of the CDP with the LCP, approval by the Commission of a CDP. 5.4 Conditions Precedent to Required Approvals Becoming "Operative" 5.4.1 Assurances to City and Coastal Commission. To assure that development of the Windward Residential Parcel may not occur without the Windward Owner first taking the actions needed to implement the open space objectives of this Specific Plan and Alternative 2 of the Settlement. The documents required by subsections a, b, c and d below shall constitute Implementation Documents. Therefore, notwithstanding certification and effectiveness of (1)the LCPA by the Commission and (2) a CDP by the City or the Commission on appeal, the Specific Plan/LCPA and CDP shall not become "operative" until the following events have occurred: a. For the Windward Open Space Parcel: Offer or Grant. One of the following Implementation Documents related to the Windward Open Space Parcel has been recorded in a form acceptable to the Cityz: • An irrevocable offer to dedicate the Windward Open Space Parcel to the People of the State of California (Windward Offer). The Windward Offer must restrict the Windward Open Space Parcel to open space and resource conservation uses as set forth in the Windward Specific Plan. The Windward Offer shall run with the land for 21 years, binding all successors and assignees, and may be accepted by the State through a public agency or private nonprofit entity approved by the City. OR 0 A conveyance of fee title to the Windward Open Space Parcel to the Bolsa Chica Land Trust (BCLT) or to another accredited land trust or nonprofit entity approved by the City (Windward Conveyance). The Windward Conveyance must restrict the Windward Open Space Parcel to open space and resource conservation uses as set forth in the Windward Specific Plan. In any case where this Specific Plan/LCPA states that a document must be acceptable to the City. that requirement will extend to the Executive Director of the Coastal Commission in the event a City -approved CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal raises substantial issue(s) regarding conformity of the CDP with the LCP. May 0 17 _5+4 April 2018 5-3 HB -1379- Item 22. - 272 INDWAR, b. For the Goodell Property: Offer or Grant. One of the following Implementation Documents related to the Goodell Property has been recorded in a form acceptable to the City: • An irrevocable offer to dedicate the Goodell Property to a public agency Goodell Offer). The Goodell Offer must restrict the Goodell Property to open space and resource conservation uses as set forth in the Windward Specific Plan. The Goodell Offer shall run with the land for 21 ears in favor of the People of the State of California. binding all successors and assignees. m • A conveyance of fee title to the Goodell Property to either the BCLT or another accredited land trust or nonprofit entity approved by -the —City Goodell Conveyance). The Goodell Conveyance must restrict the Goodell Property to open space and resource conservation uses as set forth in the Windward Specific Plan. c. For both the Windward Open Space Parcel and the Goodell Property: Deed Restrictions. Upon acceptance as to form by City, deed restrictions limiting the Windward Open Space Parcel and the Goodell Property to open space and resource conservation uses have been recorded in a form acceptable to the ON. d. For both the Windward Residential Parcel and the Windward Open Space Parcel: Acceptance of LCPA. A document in a form acceptable to the City has been provided to the City and recorded, unequivocally stating that the Windward Owner (i) accepts the certified LCPA in form and substance. (ji) acknowledges that the Windward Residential Parcel and the Windward Open Space Parcel shall be subject to the provisions of the LCPA. and (iii) acknowledges that the LCPA has become effective. e. For the Windward Open Space Parcel and the Goodell Property: Title reports have been provided to the City for the Windward Open Space Parcel and the Goodell Property showing, to the satisfaction of the City, that those properties have been deed restricted and either offered for dedication or otherwise conveyed free of prior liens and encumbrances which would materially and adversely affect the interests being dedicated/conveyed. 5.4.2 Assurances to Windward Owner. To assure that the Windward Owner is not required to deed restrict and convey the Windward Open Space Parcel and, pursuant to the Windward DA, deed restrict and convey the Goodell Property as set forth above without having the right to develop the Windward Residential Parcel the Implementation Documents specified in Section 5.4.1 shall contain May 201 z -'1�4 ADril 2018 5-4 Item 22. - 273 HB -1380- WIN PWAPT language that each respective Implementation Document does not become operative until: a. All of the Required Approvals have been approved and have become effective: and b. Either the time for legal challenges to each of the Required Approvals has expired and/or legal challenges which have been made have terminated or resolved with all Required Approvals remaining intact and effective. 5.5 Development Agreement No. 16-001 Through the Windward DA, which was voluntarily requested of the City by the Windward Owner to implement the Settlement, the Windward Owner has voluntarily agreed that the recording of the applicable Implementation Documents in accordance with 5.4.1 above shall be a condition precedent to this Specific Plan/LCPA and any CDP for the development of the Windward Residential Parcel becoming operative. The Windward DA was approved by the City Council concurrently with the approval of the Windward Specific Plan and LCPA and reflects the requirements of Section 5.3 above. 545.6 Enforcement of the Specific Plan LCPA The Specific Plan LCPA serves both a planning and regulatory function. It is the vehicle by which the City of Huntington Beach Local Coastal Program and General Plan +care implemented for the Windward pFepe Property. If there is a conflict found between t4sthe Windward Specific Plan and the HBZSO, the contents of t4sthe Windward Specific Plan shall prevail. -Where the Windward Specific Plan is silent, the provisions of the HBZSO shall apply. The Community Development Department shall be responsible for interpreting and enforcing the site development standards and design guidelines set forth in the Windward Specific Plan. &45.7 Methods and Procedures CrT5.7.1 Zoning Text Amendments May 2017 14 April 2018 5-5 HB -1381- Item 22. - 274 WI DW RL) A Zoning Text Amendment shall be required for changes to the Windward Specific Plan and processed in accordance with the provisions of Chapter 247 of the HBZSO. Zoning Text Amendments shall require an amendment to the City's Local Coastal Program and shall not take effect until certified by the California Coastal Commission and subsequently accepted by the City pursuant to 14 CCR § 13544. R 2 35.7.2 Hearings All local public hearings held relative to t4sthe Windward Specific Plan shall be administered according to the applicable provisions of the HBZSO. 9 :) 45.7.3 Appeals Any local decision, determination or requirements may be appealed in accordance with applicable provisions of the HBZSO. &.45.8 Maintenance Mechanisms AAs a condition of issuance for any CDP for development of the Windward Residential Parcel, a homeowner's association for the Windward Residential Parcel (HOA) shall be formed e-and, through its CC&Rs (see Chapter 3, Section 3.5.13-3 above), be responsible for: a. The permanent caie-anv-maintenance ^' cpmmpp artap day-'^^^^^^+ +� repair, and replacement of all HOA-owned improvements within the Spec4#ir. Plan Area• a7'7athe �--wnrvr-aT^-v-c^-v�*�'PiR; -r-i-. c-rtrcesrw�o common areas of the Windward Residential Parcel including landscaping, irrigation, common vehicular drivewa)s, parking, recreation, open space, community walls and fences, ate —community facilities drainage facilities, water quality BMP's, and private service utilities. b. Until the Windward Open Space Parcel is transferred to a governmental agency or to a qualified non-profit organization pursuant to Section 5.4.1.a above, the maintenance, repair, and replacement of the public improvements within the Windward Open Space Parcel which are described in Chapter 4 and which include a decomposed granite trail, bench, trail fencing, directional and interpretive signaee, and the approved landscaping. c. The maintenance of the public improvements for the City Property described in Chapter 4 and shown on Exhibit 4-1. including, but not limited to, the trail, signage, trail fencing, and landscape improvements. � 4a;, 2017 April 2018 5-6 Item 22. - 275 HB - t 3s2- d. Entering into a Landscape Maintenance Agreement with the City describing the HOA's maintenance obligations with respect to the public improvements for the City Property described in Chapter 4 and shown on Exhibit 4-1. including, but not limited to the trail, sienage, trail fencing, and landscape improvements. May -20 i 7 --4 April 2018 5-7 Hs -1383- Item 22. - 276 ` I N PWARL 6. Appendices 6 APPENDICES 6.1 Architectural Character The architectural character for the Windward Residential Parcel development (Windward Community) follows a Mid -Century Modern theme, with strong linear elements and bold horizontal and vertical features. A variety of exterior materials are utilized including wood, stone, stucco, and glass (see Architectural Style, Exhibit 6-1). The mid-century modern architectural style provides "four-sided" architecture with a variety of architectural elements on all four sides of the home, thus eliminating a flat plane on any side. 6-1 1 May 20-PAnr; l 2018 Item 22. - 277 HB -1384- WINDWART.," , 6. Appendices I N4 ay 2 0 1-;April 2018 Exhibit 6-1 Architectural Style 11x17 6-2 HB - 1385- Item 22. - 278 W)NDWARP ._. 6. Appendices 6.2 Residential Landscape Design Concept Community design concepts and details for the Windward Community are presented in this Specific Plan in order to establish a comprehensive theme that blends the landscape with the architecture. -Residents and visitors will experience the Windward Community as an upscale design with select palm species, canopy trees and plantings that complement the Modern design of the architecture. Careful consideration is also given to providing a landscape plan for the residential area that is compatible with the adjacent environment (see Exhibit 6-2, Residential Landscape Plan). The elements included in this plan include: • Project Entry, • Recreation Area, • Wall and Fence Design, • Open Space Trails, and • Plant Palette. 6.2.1 Project Entry — Bolsa Chica Street The Windward Community primary entrance is located at the southern part of the community along Bolsa Chica Street. The entry design includes project signage, (see Exhibit 6-3, Community Signage), that is framed by a backdrop of evergreen plant materials. There is a secondary point of ingress/egress north of the primary entrance which will offer right in and right out access only. This secondary access will not include project signage. 6.2.2 Recreation Area The recreation area, shown on Exhibit 6-4, Community Recreation Area Plan, is located in the northern portion of the project will benefit from the existing landscape located on the Los Patos/Bolsa Chica corner providing both a sense of privacy and a large-scale, visual evergreen backdrop. Anticipated amenities for the Windward Community residents include a swimming pool with lap -lane, fireplace/gathering area and grilling station. 6.2.3 Wall and Fence Design The Community Wall and Fence Plan, Exhibit 6-5, describes locations and materials that are consistent with the adjacent communities while being unique to the Windward Community. Wall and Fence Elevations are depicted in Exhibit 6-6. Walls and fences, up to a maximum of 6 feet in height, are permitted in front setback areas. Pilasters shall be a maximum of 6 feet 6 inches in height. '"Ma5' 2_-4'?Anril 2018 6-3 Item 22. - 279 HB -13b6- WINDWARD 6. Appendices 6.2.4 Open Space Trail The Windward e9mFR4R#yCOmmunity open space design includes an approximate 0.4-mile loop trail (Windward Loop Trail) which can be accessed from the primary or secondary entry depicted on Exhibit 6-7, Trails Plan and Section. The trail consists of a concrete sidewalk along Bolsa Chica street and a connecting, six foot (6') wide, decomposed granite trail that extends east through the City -ewe ery Property above the northern =Windward devel9pmeRL-a-Feaft9=er=ty boundary, south through the Windward Open Space Parcel and returns west back to Bolsa Chica Street. The tFa+-i experieReeWindward Loop Trail includes directional and interpretive signage +sas shown on Exhibit 6-8, Public Access Signage Plan, open space trail fencing and an overlook area with bench seating. In addition to the Windward fee 4LOo Trail, connections to other local trail systems are available, as shown on Exhibit 4-1, Open Space /Pass;ve-PaTl(and Resource Conservation Concept Plan. 6.2.5 Plant Palette The plant palette for the Windward ResideRtial Communitv has been separated into two distinct use areas, the Community Plant Palette and the Private Residential Plant Palette. The plant palette, described in Section 6.1, also includes prohibited plant species within the COMM U Rity`Windward Communitv. These use areas contain unique plant palettes, which will assure the implementation of the community theme. The plant palettes for the residential area are drawn from the Coastal Commission -approved plant palette for the Brightwater Community. Plant species that are considered invasive are prohibited from use by the homeowners. The plant palette for the QpeR-Spate Ar-eao en space area of the Windward Community can be found within Table 4-1, Conceptual Open Space Native Plant Palette. May 20?AoriI2018 6-4 HB -1387- Item 22. - 280 WINDWARD �6. Appendices Exhibit 6-2 Residential Landscape Plan April 2018 Item 22. - 281 HB -1388- 6-5 WINDWART, Exhibit 6-3 Community Signage 11x17 6. Appendices I May 201-;Au- 6-6 HB -1389- Item 22. - 282 WINDWAR-D 6. Appendices Exhibit 6-4 Community Recreation Area Plan May 204-74pri1201 6 -7 Item 22. - 283 HB -1390- WI N I)WAP,P , Exhibit 6-5 Wall and Fence Plan 11x17 6. Appendices May 7A ril201 6-8 Hs -1391- Item 22. - 284 WINDWARD 6. Appendices Exhibit 6-6 Wall and Fence Elevations 11x17 May 2G4-7=April 2018 6-9 Item 22. - 285 HB -1392- WINDWAkl) Exhibit 6-7 Trails Plan and Section 11x17 6. Appendices 6-10 HB -139 3- Item 22. - 286 6. Appendices Exhibit 6-8 Public Access Signage Plan May 20- A ri1201 Item 22. - 287 xB -1394- WINDWARD -� 6. Appendices Table 6-1 Residential Landscape Plant Palette 41. COMMUNITY — HOA MAINTAINED — TREES Arbutus unedo Strawberry Tree Archontophoenix cunninghamiana King Palm Brachychiton populneus Bottle Tree Cercis occidentalis Western Redbud Cinnamomum camphora Camphor Tree Citrus species Citrus Cocos plumosa Queen Palm Eriobotrya deflexa Bronze Loquat Erythrina coralloides Coral Tree Feijoa sellowiana Pineapple Guava Ficus florida Florida Fig Ficus nitida 'Green Gem' Indian Laurel Fig —Green Gem Ficus rubiginosa Rustyleaf Fig Ginkgo biloba Maidenhair Tree Lagerstroemia species Crape Myrtle Magnolia grandiflora SPP. Southern Magnolia Melaleuca nesophila Pink Melaleuca Melaleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Phoenix canariensis Canary Island Date Palm Phoenix dactylifera Date Palm Pinus eldarica Eldarica Pine Platanus racemosa California Sycamore Podocarpus gracilior Fern Pine Prunus caroliniana Carolina Laurel Cherry Tristania conferta Brisbane Box Tupidanthus calyptratus Tupidanthus COMMUNITY — HOA MAINTAINED — SHRUBS Agapanthus africanus Agave americana Lily -of -the -Nile Century Plant Agave attenuate Fox Tail Agave Agave shawii Shaw's Agave Aloe arborescens Tree Aloe Aloe vera Medicinal Aloe Buxus japonica Japanese Boxwood Camellia japonica Camellia Campanula poscharskyana Serbian Bellflower Carex spissa San Diego Sedge Carissa macrocarpa 'Fancy' Natal Plum 6-12 f1B -1395- Item 22. - 288 6. Appendices Residential Landscape Plant Palette Ceanothus gloriosus 'Point Reyes' Point Reyes Ceanothus Ceanothus griseus var. 'Yankee Point' Yankee Point Ceanothus Clivia miniata Kaffir Lily Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Crassula argentea Jade Plant Cyathea cooperi Australian Tree Fern Dicksonia antarctica Tasmanian Tree Fern Dietes vegeta Fortnight Lily Dodonaea viscose Hopseed Bush Escallonia fradesii' Pink Escallonia Grevillea 'Noellii' Grevillea Hebe buxifolia Boxleaf Hebe Helictotrichon sempervirens Blue Oat Grass Hemerocallis hybrid 'Mountain Violet' Daylily Hemerocallis hybrids Evergreen Daylily Kniphofia uvaria Red Hot Poker Lantana sellowiana Trailing Lantana Lovandula pedunculata'Atlas' Spanish Lavender Ligustrum japonicum Japanese Privet Ligustrum japonicum 'Texanum' Waxleaf Privet Miscanthus sinensis Tokushima' Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lindheimer's Muhly Grass Muhlenbergia rigens Deer Grass Myoporum 'Pacificum' NCN Myoporum parvilfolium NCN Nephrolepis exaltata Sword Fern Nolina bigelovii Bigelow's bear grass Philodendron selloum Big Leaf Philodendron Phoenix roebelenii Pigmy Date Palm Phormium tenax New Zealand Flax Pittosporum crassifolium 'Nana' Dwarf Karo Pittosporum tobira Mock Orange Podocarpus spp. Fern Pine Rhaphiolepis indica India Hawthorn Rosmarinus officinalis Rosemary Schefflera actinophylla Schefflera Schefflera actinophyllo Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum Blue-eyed grass Solanum xantii Purple Nightshade Strelitzia nicolai Giant Bird of Paradise Strelitzia reginae Bird of Paradise May —A2612018 Item 22. - 289 HB -1396- 6-13 WINDWARD - 6. Appendices Residential Landscape Plant Palette Trachelospermum jasminoides Star Jasmine Sandankwa Viburnum Coast Rosemary Viburnum suspensum Westringia fruticosa Xylosma congestum 'Compacta' Xylosma Xylosma congestum 'Ed Dorado' Dwarf Xylosma Yucca filamentosa 'Variegata' Variegated Yucca Yucca species Yucca COMMUNITY — HOA MAINTAINED — VINES Bougainvillea spp. Bougainvillea Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood -Red Trumpet Vine Grewia occidentalis Lavender Starflower Pandorea jasminoides Bower Vine Rosa banksiae 'Alba Plena' Climbing Rose Trachelospermum jasminoides Star Jasmine COMMUNITY — HOA MAINTAINED — GROUNDCOVER Armeria martima Common Thrift Baccharis pilularis 'Pigeon Point' Coyote Bush Dymondia margaretae Silver Carpet Festuca ovina glauca Blue Fescue Lantana sellowiana Trailing Lantana Senecio mandraliscae Blue Chalksticks Verbena hybrida Garden Verbena COMMUNITY — HOA MAINTAINED — TURF Marathon 11 'Festuca Arundinacea' Dwarf Tall Fescue Mai' N AAA 6-14 HB -1397- Item 22. - 290 WINDWARD,,, 6. Appendices Residential Landscape Plant Palette PRIVATE RESIDENTIAL LOTS - TREES Acer macrophyllum Big Leaf Maple Acer negundo var. californicum California Box Elder Acer palmatum Japanese Maple Aesculus californica California Buckeye Arbutus unedo Strawberry Tree Arctostaphylos glauca Bigberry Manzanita Arctostaphylos insularis Island Manzanita Brachychiton populneus Bottle Tree Ceratonia siliqua Carob Cercis occidentalis Western Redbud Cinnamomum comphora Camphor Tree Citrus species Citrus Dicksonia Antarctica Tree Fern Eriobotrya deflexa Bronze Loquat Eriobotrya japonica Loquat Feijoa sellowiana Pineapple Guava Ficus florida Florida Fig Ficusnitida "Green Gem' Indian Laurel Fig —Green Gem Ficus rubiginosa Rustyleaf Fig Fraxinus dipetala Callfornia Ash Ginkgo biloba Maidenhair Tree Juglans californica California Black Walnut Lagerstroemia indica Crape Myrtle Lagerstroemia species Crape Myrtle Lauris nobilis Grecian Laurel Liriodendron tulipfera Tulip Tree Lyonthamnus floribundus ssp. Asplenifolius Fernleaf Ironwood Macadamia integrifolia Macadamia Nut Magnolia grandiflora Southern Magnolia Maytenus boaria Mayten Tree Melaleuca nesophila Pink Melaleuca Melaleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Pistacia chinesis Chinese Pistache Pittosporum undulatum Victoria Box Platanus racemosa California Sycamore Plumeria rubra Egyptian Starcluster Podocarpus gracilior Fern Pine Prunus caroliniana Carolina Laurel Cherry Ptelea crenulato California Hoptree Rhus integrifolia Lemonade Berry May ri12 1 6-15 1 Item 22. - 291 HB -1398- 6. Appendices Residential Landscape Plant Palette Rhuslancea A African Sumac Rhus laurina Sumac --Laurel Sarnbucus mexicana Tabebuia chrysotricha Mexican Elderberry Golden Trumpet Tree Tabebuia impetiginosa Pink Trumpet Tree Tabebuia ipe Trumpet Tree Tristania conferta Brisbane Box Tristania laurina NCN Tupidanthus calyptratus Tupidanthus PRIVATE RESIDENTIAL LOTS -SHRUBS Abelia grandiflora 'Edward Goucher' Abelia Abutilon 'Moon Chimes" Parlor Maple Achillea millefoliurn var. californica Western yarrow Agapanthus africanus Lily -of -the -Nile Agave attenuata Foxtail Agave Agave shawii Shaw's Agave Agave vilmoriniana Octopus Agave Aloe arborescens Tree Aloe Aloe Vera Medicinal Aloe Alyogyne huegelii Blue Hibiscus Armeria martima Common Thrift Asclepias sped . ose Showy milkweed Aster chilensis California Aster Baccharis pilularis 'Pigeon Point' Coyote Bush Baccharis pilularis 'Twin Peaks #2' Dwarf Coyote Bush Baccharis pilularis Twin Peaks" Coyote Bush Prostrate Baccharis salicifolia Mulefat Begonia 'Richmondensis' Richmond Begonia Bergenia cordifolia Winter Saxifage Bougainvillea 'Tahitian Maid" Double Bougainvillea Calystegia macrostegia California Morning Glory japonicaCamellia Camellia Campanula portenschlagiana Dalmatian Bellflower Campanula poscharskyana Serbian Bellflower Carex spissa San Diego Sedge Carissa macrocarpa Green Carpet Natal Plum Carissa macrocarpa 'Fancy' Natal Plum Castilleja foliolosa Wooly Indian paintbrush Ceanothus spp. Ceanothus Cerastiurn tomentosurn Snow -in -Summer Cercis occidentalis Western Redbud Chrysanthemum leucanthemum Oxeye Daisy I May 2014 6-16 HB - 1399- Item 22. - 292 6. Appendices Residential Landscape Plant Palette Cis*hybridus White Rockrose Cistus incanus ssp. Corsicus NCN Cistus purpereus Orchid Spot Rockrose Cistus salviifolius Cistus x purpereus Sageleaf Rockrose Orchid Rockrose Clivia miniata Kaffir Lily Comarostaphylis diversifolia Summer Holly Conolvulus cneorum Bush Morning Glory Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Coreopsis giganteo Giant coreopsis Coretherogyne filaginifolia California aster Cotoneaster oprneyi NCN Cotoneaster buxifolius NCN Crassula argentea Jade Plant Crassula argentea 'Crosby' Miniature Jade Plant Crassula ovata Jade Tree Cuphea hyssopifolia False Heather Delosperma cooperi Hardy Ice Plant Dendromecon rigida Bush Poppy Dietes vegeta Fortnight Lily Dodonaea viscose Hopseed Bush Dudleya abramsil spp. murina San Luis Obispo Dudleya Dudleya caespitosa Coast Dudleya Dudleya edulis San Diego Dudleya Dudleya hassei Catalina Island Live Forever Dudleya lanceolata Lanceleaf Liveforever Dudleya pulverulenta Chalk Liveforever Erigeron karvinskianus Santa Barbara Daisy Eriogonum arborescens Santa Cruz Island Buckwheat Eriogonum giganteum St. Catherine's Lace EriophyHum confertiflorum Golden Yarrow Escallonia fradesii' Pink Escallonia Escallonia species Escallonia Varieties Eschscholzia californica California Poppy Feijoa sellowiana Pineapple Guava Frangula californica California Coffeeberry Fuchsia 'Gartenmeister eonstedt' Honeysuckle Fuschia Galvezia speciose Island snapdragon Gardenia jasminoides Gardenia Garrya elliptica James Reef Silk Tassel Grevillea 'Noellii' Grevillea Grewia occidentalis Starflower May 201?Ai'r 12018 6-17 1 Item 22. - 293 HB -1400- WIN D WARD 6. Appendices Residential Landscape Plant Palette o E Hardenbergia comptoniana Vine 7D1aylily Helictotrichon sempervirens Oat Grass Hemerocallis hybrid 'Mountain Violet' Heteromeles arbutifolia 'Davis Gold' Toyon Heuchera 'Autumn Leaves' Coral Bells Heuchera 'Purple Palace' Alum Root Heuchera maxima Channel Islands Coral Bells Hibiscus spp. Hibiscus Holodiscus discolor Ocean spray Hypericum calycimum Aaron's Beard Iris douglasiana Douglas Iris Jasminum nudiflorum Winter Jasmine Kniphofia uvaria Red Hot Poker Lantana camara cultivars Yellow Sage Lantana camara montevidensis Trailing Lantana Lantana sellowiana Trailing Lantana Lavandula dentata French Lavender Lavandula pedunculata 'Atlas' Spanish Lavender Lepechinia fragrans Island Pitcher Sage Leptospermum lae. 'Vigatum' Australian Tea Tree Leucophyllum frutecens Texas Ranger Ligustrum japonicum Japanese Privet Limonium perezii Sea Lavender Liriope "SilverySunproof Monkey Grass Lonicera japonica 'Halliana'Hall's Japanese Honeysuckle Lonicera subspicata Wild Honeysuckle Lonicera subspicata var. denudata Chaparral Honeysuckle Mahonia aquifolium 'Golden Abundance' Golden Abundance Oregon Grape Mahonia nevenii Nevin Mahonia Malacothamnus fasciculatus Chaparral Mallow Miscanthus sinensis 'Yakushima' Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergio lindheimeri Lindheimer's Muhly Grass Myoporum 'Pacificum' NCN Myoporum debile NCN Myoporum parvilfolium NCN Myrtus communis True Myrtle Nephrolepis exaltata Sword Fern Nerium Oleander Oleander Nolina bigelovii Bigelow's bear grass Nolina cismontane Chapparal Nolina Nolina species Mexican Grasstree Opuntia littoralis Prickly Pear May 84=7A Ott 18 6-18 HB - 1401 - Item 22. - 294 WIN DINAR[? 6. Appendices Residential Landscape Plant Palette Opuntia oricola Oracle Cactus Osteospermum fruticosum Trailing African Daisy Pachysandra terminalis Pachysandra Paeonia californica California Peony Penstemon heterophyllus Margarita Bop' Blue Bedder Penstemon heterophyllus var. australis Foothill Penstemon Penstemon spectabilis Showy Penstemon Pentas lanceolate Egyptian Starcluster Philadelphus lewisii Lewis' mock orange Philodendron selloum Big Leaf Philodendron Phormium tenax New Zealand Flax Photinia x fraseri Fraser's Photinia Pittosporum crassifolium 'Nana' Dwarf Karo Pittosporum tobira Mock Orange Prunus caroliniana Carolina Cherry Laurel Prunus illcifolia Hollyleaf Cherry Prunus lyonii Catalina Cherry Punica granatum Pomegranate Pycanthemum californicum Mountain Mint Quercus berberdifolia California Scrub Oak Quercus dumosa Coastal Scrub Oak Rhamnus calfornica Coffeeberry Rhaphiolepis indica Indian Hawthorn Rhus integrifolia Lemonade Berry Rhus ovata Sugarbush Ribes aureum var. gracillimum Golden Currant Ribes indecorum White Flowering Currant Romneya coulteri Matilija Poppy Romneya coulteri 'White Cloud' White Cloud Matilija Poppy Rosmarinus officinalis Rosemary Rumohra adiantiformis Leatherleaf Fern Salvia 'Bee's Bliss' Bee's Bliss Sage Salvia alpiana White Sage Salvia clevelandii winifred 'Gilman' Cleveland Sage Salvia greggii Autum Sage Salvia sonomensis Creeping Sage Salvia spathacea Hummingbird Sage Sambucus mexicana Mexican Elderberry Santolina cha. 'Nana' Lavendar Cotton Santolina virensn Green Lavender Cotto Satureja chandleri San Miguel Savory Schefflera actinophylla Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum California Blue-eyed grass 6-19 1 May —39-7A ril 201 Item 22. - 295 HB -1402- WINDWARD,," Residential Landscape Plant Palette 6. Appendices Solanurn xantii Purple Nightshade Solanum xantiiPurple Nightshade Solidago velutina ssp. californica California Goldenrod Stachys bullata Hedge Nettle Strelitzia nicolai Giant Bird of Paradise Strelitzia reginae Bird of Paradise Teucrium fruticans and cultivars Bush Germander Thalictrum fendleri var. polycarpurn Mountain Meadow Rue Thuja occidentalis 'Globosa' White Cedar Trachelospermurn asiaticum Ivory Star Jasmine or Asian Jasmine Trachelospermurn jasminoides Star Jasmine Tuibaghia violacea Society Garlic Venegasia carpesioides Canyon Sunflower Viburnum suspensurn Sandankwa Viburnum Viguiera laciniata San Diego Sunflower Xylosma congesturn Shiny Xylosma Xylosma congesturn "Compacta' Xylosma Xylosma congesturn 'Ed Dorado' Dwarf Xylosma Yucca baccata Banana Yucca Yucca filarnentosa 'Variegata' Variegated Yucca Yucca rigida Blue Yucca Yucca Species Yucca Yucca whipplei Yucca Zauschneria califomica "Catalina Island' California Fuchsia Zephyranthes candida Autumn Zephyrlily PRIVATE RESIDENTIAL LOTS - VINES Bougainvillea spp. Bougainvillea Calliandra haematocephala Pink Powder Puff Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood -Red Trumpet Vine Grewia occidentalis Lavender Starflower Hardenbergia violacea Hardenbergia Macfadyena unguis-cati Cat's Claw Mandevilla splendens Alice du Pont Mascagnia macroptera Golden Vine Pandorea jasminoides Bower Vine Parthenocissus tricuspidata Boston Ivy Rosa banksiae 'Alba Plena' Climbing Rose Trachelospermum jasminoides Star Jasmine PRIVATE RESIDENTIAL LOTS - GROUNDCOVER Aptenia cordifolia x Red Apple ---T—Strawberry Armeria martima I Common Thrift 1 44 ay 2 0 PARjL=2 U1 6-20 HB - 1403- Item 22. - 296 WINDWARD 6. Appendices Residential Landscape Plant Palette a Artemisia caucasica Caucasian Artesmisia Baccharis pilularis Dwarf Coyote Bush Baccharis pilularis 'Pigeon Point' Coyote Bush Baccharis pilularis 'Twin Peaks #2' Dwarf Coyote Bush Baccharis pilularis 'Twin Peaks' Coyote Bush Prostrate Cistus crispus NCN Corea pulchella Australian Fuscia Coresopsis lancelata Coreopsis Crassula lacteal NCN Crassula multicava NCN Crassula tetragona NCN Delosperma 'alba' White Trailing Ice Plant Dimorphotheca aurantiaca African Daisy Drosanthemum floribundum Rosea Ice Plant Drosanthemum hispidum NCN Drosanthemum speciosus Dewflower Dymondia margaretae Silver Carpet Festuca ovina glauca Blue Fescue Fragaria chiloensis Wild Strawberry/Sand Strawberry Gazania 'Copper King' Gazania Gazania 'Moonglow' Gazania Gazania hybrid 'Mitsua Yellow' Semi -trailing Yellow Gazania Gazania hybrids South African Daisy Gazania rigens leucolaena Trailing Gazania Hedera canariensis English Ivy Iberis sempervirens Evergreen Candytuft Iberis umbellatum Globe Candytuft Lampranthus filicaulis Redondo Creeper Lampranthus spectabilis Trailing Ice Plant Lamprathus aurantiacus Bush Ice Plant Lantana sellowiana Trailing Lantana Lasthenia californica Dwarf Goldfields Lupinus arizonicus Desert Lupine Lupinus benthamii Spider Lupine Lupinus bicolor Sky Lupine Lupinus sparsiflorus Loosely flowered Annual Lupine/ Coulter's Ophiopogon'Nigrescens Black' Black Mondo Grass Ophiopogon japonicus Mondo Grass Osteospermum 'Buttermilk' Osteospermum Osteospermum fru. 'African Queen' Trailing African Daisy Osteospermum fru. 'Burgundy' Trailing African Daisy Osteospermum fru. 'Whirligig' Trailing African Daisy Osteospermum fruticosum Freeway Daisy May .104 7A r Item 22. - 297 HB -1404- 6-21 1 WINDWARD 6. Appendices Residential Landscape Plant Palette Osteospermum fruticosum'Hybrid White' Freeway Daisy Pelargonium peltatum Ivy Geranium Pratia pedunculata Star Creeper Sagina subulata Irish Moss Sagina subulata 'Aurea' Scotch Moss Santolina cha. 'Nana' Lavendar Cotton Verbena hybrida Garden Verbena Verbena peruviana species Verbena Viola hederacea Australian Violet PRIVATE RESIDENTIAL LOTS - SUCCULENTS Aeonium 'Kiwi' Kiwi Aeonium Echeveria agavoides 'Red' Red Edge Echeveria Echeveria elegans Mexican Snowball Echeveria imbricate Hens and Chicks Kalanchoe thyrisiflora Paddle Plant Sedum pachyphyllum Stonecrop Sedum rubrotinctum Pork and Beans Senecio mandraliscae Blue Chalksticks PRIVATE RESIDENTIAL LOTS - TURF Marathon 11 'Festuca Arundinacea' Dwarf Tall Fescue Turf A-G Sod Farms Inc. - Elite Plus PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES Adenostoma fasciculatum Chamise Adenostoma sparsifolium Red Shanks Aegilops triuncialis Barbed Goatgrass Ageratina adenophora Crofton Weed Ailanthus altissima Tree Of Heaven Alhagi pseudalhagi Camel Thorn Ammophila arenaria European Beachgrass Anthemix cotula Mayweed Arctotheca calendula Capeweed Artemisia californica California Sagebrush Arundo donax Giant Reed Atriplexsemibaccata Australian Saltbush Avena barbata Slender Oat Avena fatua Wild Oat Bassia hyssopifolia Fivehorn Smotherweed Bellardia trixago Mediterranean Lineseed Brachypodium distachyon Purple False Brome Brassica nigra Black Mustard Brassica rapa Wild Turnip, Yellow Mustard, Field Mustard pil 018 6-22 HB -1405- Item 22. - 298 WIN 6. Appendices Residential Landscape Plant Palette '77 Brassica tournefortii .......... Asian Mustard Ripgut Brorne Bromus diandrus Bromus rubens Red Brorne Bromus tectorum Cheatgrass Cardaria chalapensis Lenspod Whitetop Cardaria draba Hoary Cress, Perennial Peppergrass Cardaria draba Whitetop Carduus pycnocepholus Italian Plumeless Thistle Carpobrotus edulis Hottentot Fig Centaurea calcitrapa Purple Starthistle Centaurea masculosa Spotted Knapweed Centaurea melitensis Maltese Star -Thistle Centaurea solstitialis Yellow Star -Thistle Cirsium arvense Canada Thistle Cirsium vuigare Wild Artichoke, Bull Thistle Conicosia pugioniformis Narrow -Leaved Iceplant Conium maculatum Poison Hemlock Conyza canadensis Horseweed Cortaderiajubata Purple Pampas Grass Cortoderia selloana Pampas Grass Cotoneaster lacteus Milkflower Cotoneaster Cotoneaster pannosus Silverleaf Cotoneaster Crataegus monogyna Oneseed Hawthorn Crupina vulgaris Common Crupina Cynara cardunculus Artichoke Thistle Cytisus scoparius Scotchbroorn Cytisus striatus Striated Broom Defairea odorato Capeivy Egeria densa Brazilian Waterweed Ehrharta calycina Perennial Veldtgrass Ehrharta erects Panic Veldtgrass Eichhornia crassipes Common Water Hyacinth Elaeagnus angustifolia Russian Olive Erechtites glomerata Cutleaf Burnweed Erechtites minima Coastal Burnweed Eriogonum fasciculatum Common Buckwheat Eucalyptus globulus Tasmanian Bluegurn Euphorbia esula Leafy Spurge Festuca arundinacea Tall Fescue Ficus carica Edible Fig Foeniculum vulgare Sweet Fennel Genista monspessulana French Broom Halogeton glomeratus Saltlover May 2(oP=A2riL201 8 6-23 1 Item 22. - 299 HB -1406- WINDWARD 6. Appendices Residential Landscape Plant Palette T R Hedera helix o, -1 saw English Ivy Helichrysum petiolare Strawflower Heterotheca grandiflora Telegraph Plant Holcus lanatus Common Velvetgrass Hydrilla verticillata Hydrilla Hypericum perforatum St. John's Wort Ilex aquifolium English Holly Iris pseudacorus Paleyellow Iris Lactuca serriola Prickly Lettuce Lepidium latifolium Broadleaved Pepperweed Leucanthemum vulgare Oxeye Daisy Lolium perenne Perennial Ryegrass Lupinus arboreus Yellow Bush Lupine Lythrum salicaria Purple Loosestrife Mentha pulegium Pennyroyal Mesembryan them um crystallinum Common Iceplant Myoporum laetum Ngaio Tree Myriophyllum aquaticum Parrot Feather Watermilfoil Myriophyllum spicatum Eurasian Watermilfoil Nkotiana bigelevil Indian Tobacco Nicotiana glauca Tree Tobacco Olea europaea Olive Ononis alopecuroides Foxtail Restharrow Pennisetum setaceum Crimson Fountaingrass Pholaris aquatica Bulbous Canarygrass Potamogeton crispus Curly Pondweed Retama monosperma Bridal Broom Ricinus communis Castor Bean Plant Robinia pseudoacacia Black Locust Rubus discolor Himalayan Blackberry Sacsola austails Russian Thistle/Tumbleweed Salvia mellifera Black Sage Salvinia molesta Giant Salvinia Sapium sebiferum Chinese Tallow Tree Saponaria officinalis Bouncingbet Schinus molle Peruvian Peppertree Schinus terebinthifolius Brazilian Peppertree Schismus arabkus Arabian Schismus Schism us barbatus Common Mediterranean Grass Seneciojacobaeo Tansy Ragwort Sesbania punl . cea Rattlebox Silybum marianum Milk Thistle Spar-tina altemiflora Smooth Cordgrass May 204-7- 6-24 HB -1407- Item 22. - 300 WINDWARD 6. Appendices Residential Landscape Plant Palette Spartina anglica Common Cordgrass Spartina densiflora Denseflower Cordgrass Spartina patens Saltmeadow Cordgrass Spartium junceum Spanish Broom Taeniatherum caput-medusae Medusahead Tamarix chinenst's Fivestamen Tamarisk Tamarix gallica French Tamarisk Tamarix parviflora Smallflower Tamarisk Tamarix ramosissima Saltcedar Ulex europaeus Common Gorse Urtica urens Burning Nettle Verbascum thapsus Common Mullein Vinca major Bigleaf Periwinkle PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES - ORNAMENTAL Corraders sp Pampas Grass Cupressus sp Cypress Eucalyptus sp Eucalyptus Juniperus sp Juniper Pinus sp Pine PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES - PALMS Brahea armata Mexican Blue Palm Brahea brandegeei San Jose Hesper Palm Brahea edulis Guadalupe Palm Butia capitata Pindo Palm Caryota cummingh . Himalayan Fish Tail Palm Caryota urens Himalayan Fish Tail Palm Chamaedorea eerumpens Bamboo Palm Chamaedorea humilis Mediterranean Fan Palm Cycas revoluta Sago Palm Trachycarpusfortunei Windmill Palm Washingtonia filifera California Fan Palm Washingtonia robusto Mexican Fan Palm May 24PA2E IL2018 Item 22.- 301 HB -1408- 6-25 1 "'1 N DWARD 6. Appendices 6.3 Infrastructure 6.3.1 Circulation Vehicular access to the Windward SpeGifie DlaR ApeaCommunity is from two access drives along Bolsa Chica Street (see Exhibit 6-9, Circulation Plan). The southern access is located across from existing Sandover Drive. The northern access is right in/right out only due to the existing median in Bolsa Chica Street. A private street system provides access to each of the housing units. Roadways within the c. eeifiG DlaR AFeaWindward Community shall be a minimum 24-feet in width (see Exhibit 6-10, Street Sections). Vehicular turnarounds are provided at the north and south ends of the private streets. The parkway on the east side of Bolsa Chica Street will be improved with a pedestrian sidewalk which will allow access from Los Patos Avenue to the southern boundary of the Windward Specific Plan Area. 6.3.2 Grading Plan The Grading Plan for the Windward Residential Parcel is illustrated on Exhibit 6- 11, Grading Plan, which shows spot elevations for roads and finish floor elevations. The entire grading operation will be completed in one phase. Exhibit 6-12, Cut and Fill Plan, identifies the proposed Cut and Fill for the grading operations. MaT—2017ApriI2018 6-26 H B -1409- Item 22. - 302 Windward Development Agreement Exhibit B � I I I I Ernti� City of Huntington Beach NOHIH a loos Dpwmert PeN: S\ctlmta\wppdbntlgeyacM group_2nt0\206800{\OB91e1pruduc5tapzRcylenMxdsWerebpment_egreameNlcsHbk E.mxE Item 22. - 339 EXHIBIT C GOODELL p^- ARCaPROPERTY LEGAL DESCRIPTION COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINES OF BOLSA CHICA STREET AND LOS PATOS AVENUE, BOTH 60 FEET WIDE, AS SAID STREETS ARE SHOWN ON THE MAP OF TRACT 86, BLOCK 20, COAST BOULEVARD FARMS, RECORDED IN BOOK 10, PAGES 35 AND 36, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE SOUTH 00 42' 01" EAST 523.80 FEET; THENCE NORTH 890 06' 00" EAST 23.00 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING NORTH 89' 06' 00" EAST 450.00 FEET; THENCE SOUTH 0° 42' 01" EAST 600 FEET; THENCE SOUTH 89' 06' 00" WEST 450 FEET: THENCE NORTH 0° 42' 01" WEST 600 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 6.20 ACRES. APN: 110-016-18 C-1 Item 22. - 341 HB -1448- ATTACHMENT #10 ENVIRONMENTAL CHECKLIST FORM CITY OF HUNTINGTON BEACH COMMUNITY DEVELOPMENT DEPARTMENT MITIGATED NEGATIVE DECLARATION NO. 2016-003 1.0 PROJECT INFORMATION PROJECT TITLE: Windward Residential Development Concurrent Entitlements: General Plan Amendment No. 16-002 Zoning Map Amendment No. 16-003 Zoning Text Amendment No. 16-004 Local Coastal Program Amendment No. 16-002 Tentative Tract Map No. 18060 Conditional Use Permit No. 16-035 Coastal Development Permit No. 16-018 Development Agreement No. 16-001 LEAD AGENCY: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Tess Nguyen, Associate Planner Phone: (714) 536-5271 PROJECT LOCATION: 17202 Bolsa Chica Street (east side of Bolsa Chica Street, south of Los Patos Avenue) (refer to Figure 1) PROJECT PROPONENT: Signal Landmark 27271 Las Ramblas Suite 100 Mission Viejo, CA 92691 Contact Person: Ed Mountford Phone: (949) 351-3334 GENERAL PLAN DESIGNATION: OS—P (Open Space — Park) ZONING: RA —CZ (Residential Agriculture — Coastal Zone) HB -1449- Item 22. - 342 PROJECT DESCRIPTION (Describe the whole action involved, including, but not limited to, later phases of the project, and secondary support, or off -site features necessary for implementation): The proposed project involves a request to amend the General Plan and zoning land use designations and establish the Windward Specific Plan for the subdivision and construction of 36 townhome units, open space, and associated improvements on 2.5 acres of an existing privately -owned 5-acre Windward site and a 0.3-acre City -owned parcel (north of the project site) in the coastal zone. The Windward site and City -owned parcel are currently designated as Open Space — Parks (OS—P) in the General Plan and zoned Residential Agriculture — Coastal Zone Overlay (RA —CZ). The Windward site is undeveloped, although a portion of the property was previously used as a construction staging area for the adjacent Brightwater residential development. The City -owned parcel is currently used as an informal trail by the public to access the Shea property to the east of the Windward site. The project proposes to amend the General Plan land use designation from Open Space — Parks (OS—P) to Residential Medium Density — 15 dwelling units per acre (RM) for the western half (2.5 acres) of the Windward site and maintain the land use designation of Open Space — Parks (OS—P) for the eastern half (2.5 acres) of the Windward site and the City -owned parcel (0.3 acre). The project proposes to amend the Residential Agriculture — Coastal Zone Overlay (RA —CZ) zoning designation for the Windward site (5 acres) and City -owned parcel (0.3 acre) to Specific Plan — Coastal Zone Overlay (SP--CZ). The project also consists of a zoning text amendment to establish the Windward Specific Plan for the development of the residential townhome project and dedication of open space. Under the Specific Plan, the western half (2.5 acres) of the Windward site is designated for medium density residential development while the eastern half (2.5 acres) and the City -owned parcel (0.3 acre) are designated for coastal conservation (public open space). The Specific Plan determines the land use, zoning, development standards, and infrastructure for the site. In addition, the City's certified Local Coastal Program is proposed to be amended to reflect the land use changes. The project also includes a development agreement between the City and the Applicant to set forth and confirm the open space commitments of the proposed project, among other things. General Plan Designation Zoning Designation Existing Proposed Existing Proposed SP—CZ RM-15 western half Residential Windward Site 2.5 acres western half (5 acres) OS—P RA —CZ 2.5 acres OS—P eastern half Coastal Conservation 2.5 acres eastern half 2.5 acres City -Owned SP—CZ Parcel OS—P OS—P RA —CZ (0.3 acre) Coastal Conservation The residential development consists of the subdivision and construction of 36 townhome units, 3,800 square feet of common open space, and associated improvements on the western portion (2.5-acres) of the Windward site. The residential units are duplex townhomes with four different floor plans, featuring three Item 22. - 343 HB -1450- bedrooms and ranging in size from 2,087 to 2,202 square feet in living space with attached two -car garages. Each unit is three stories with a roof deck at a maximum height of 34.25 feet. Private open space for each unit is provided on the first floor in either the front or rear depending on the floor plan, on a second story balcony and on the third floor roof deck. A recreation area will be constructed on the northwest corner of the residential development area that will include a swimming pool, fireplace, restroom, and seating for the use of the residents. Access to the site includes two ingress/egress driveways along Bolsa Chica Street. The project is proposing construction of infrastructure improvements including street, curbs, sidewalks and storm drain facilities. The project is proposing a one -lot subdivision in accordance with the Subdivision Map Act. The tentative tract map is also subject to Title 25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and is required to be reviewed by the City's Subdivision Committee to ensure compliance wiih the Subdivision Map Act, Title 25 of the HBZSO and any other related applicable codes. Open Space/Passive Park Plan The Specific Plan provides a comprehensive program to direct development of the residential and passive open space areas of the Windward site and City -owned parcel. As a part of the residential development of the western half of the Windward site, the eastern half is proposed to be dedicated to a government agency or a qualified non-profit for use as passive open space. No construction or development within the open space area is proposed. In addition, the terms of the proposed development agreement would require the developer to purchase the 6.2-acre Goodell property (undeveloped property immediately south of the Windward site located in unincorporated Orange County in unincorporated Orange County) and dedicate the property to a government agency or a qualified non-profit for passive open space purposes prior to beginning construction of the residential project. The open space portion of the Windward site is designed with a pedestrian trail which includes interpretive signage and a scenic overlook. To facilitate public access to the property, a trail system is proposed. A decomposed granite pedestrian trail would be installed on the City -owned property and connect the City - owned property to the Windward site open space area and ultimately to the Goodell property. The plan is to initially create a trail loop that starts at the southeast corner of Bolsa Chica Street and Los Patos Avenue, extends easterly through the City -owned property, which is proposed to be improved with a decomposed granite trail and landscaping, then turning southerly across the Windward site, and then turning westerly to intersect back at Bolsa Chica Street. The trail will be located at the highest elevation of the project site providing an opportunity for a scenic overlook node offering trail users unobstructed views of Saddleback Mountain in south Orange County. The trail would feature interpretive signage that would provide users with information regarding the property's rich history. Ultimately, the trail system could be extended onto the Goodell property to create a network of trails that provide users with a variety of experiences. Construction Scenario Construction of the homes would be completed in three to four phases. Each phase of construction would take approximately five months. Rough grading and infrastructure for the project would be accomplished in a single phase approximately one month in duration. The development project site is generally flat, however, portions of the site slope gradually from west to east at elevations ranging from approximately 52 feet above mean sea level (msl) to approximately 47 feet msl. Finished pads on the west side of the residential project site, adjacent to Bolsa Chica Street, will remain relatively the same as the existing elevation. The eastern portion of the residential project site adjacent to the open space area would be raised two to four feet over existing elevations requiring approximately 2,900 cubic yards of cut and 2,100 cubic yards of fill. The remaining soil would either be reused onsite or hauled off site. HB -1451- Item 22. - 344 Project Entitlements The proposed project requires the following entitlement requests: • General Plan Amendment: to amend the Land Use Designation from Open Space — Parks (OS— P) to Residential Medium Density (RM) for the western half (2.5 acres) of the 5-acre Windward site; • Local Coastal Program Amendment: to amend the certified Land Use Plan from Open Space — Park (OS—P) to Residential Medium Density (RM) for the western half (2.5 acres) of the site and to reflect the Zoning Map and Text Amendments described below; • Zoning Map Amendment: to amend the existing zoning designation of Residential Agriculture — Coastal Zone Overlay (RA —CZ) to Specific Plan — Coastal Zone Overlay (SP—CZ) on the entire project site; • Zoning Text Amendment: to establish the Windward Specific Plan for the development of the residential townhome project and dedication of open space; • Tentative Tract Map: to subdivide the approximately 5-acre lot into one numbered lot (residential development for 36 townhome units) and one lettered lot (open space area); • Coastal Development Permit: to construct a 36-unit townhome development and associated infrastructure in the coastal zone; and • Conditional Use Permit: to permit the residential development and construction of the residential development on a site with greater than a three-foot grade differential; • Development Agreement: to confirm the open space program commitments for the development and implement the terms of the settlement agreement entered into to resolve prior CEQA litigation regarding a previously proposed development project on the 5-acre Windward site. Background In 2008, Signal Landmark proposed a project, known as The Ridge, that involved a request to amend the land use and zoning designations on an existing approximately 5-acre parcel for the subdivision and development of a 22-unit single-family planned unit development (PUD). The project proposed to amend the existing zoning from Residential Agriculture — Coastal Zone (RA —CZ) to Residential Low Density — Coastal Zone (RL—CZ) and amend the General Plan land use designation from Open Space — Parks (OS— P) to Residential Low Density — 7 units/acre (RL-7). The project also consisted of a zoning text amendment that would amend the Planned Unit Development (PUD) supplemental standards and provisions of Chapter 210.12 of the HBZSO to allow greater flexibility in the provision of parking spaces for a PUD development. In 2010, the City approved the project with all the proposed amendments to the General Plan and zoning designations. To comply with the California Environmental Quality Act (CEQA), the City adopted a Mitigated Negative Declaration (MND). Because the property is within the coastal zone, the California Coastal Commission (CCC) must approve any amendments to the City's Local Coastal Program (LCP), therefore the City submitted the LCP amendment to the CCC for approval. In August 2010, the Bolsa Chica Land Trust filed litigation challenging the City's approval of a MND claiming that the City should have prepared an Environmental Impact Report (EIR) rather than approving a MND. The litigation was stayed pending the outcome of the Coastal Commission's decision. In June 2014, the City and Signal Landmark withdrew the LCP Amendment from consideration by the CCC. In April 2016, Signal Landmark, the City, and the Bolsa Chica Land Trust signed a settlement agreement in an effort to resolve the pending CEQA litigation. The settlement agreement identified two alternative Item 22. - 345 HB -1452- approaches to the disposition of the Windward site and the adjacent Goodell property. The Acquisition Alternative provides an opportunity to preserve both the Windward property and the Goodell property as open space. Signal has independently entered into an option agreement with the Trust for Public Land (TPL) for the purchase of the Windward and Goodell properties. The TPL has an 18-month period in which to raise funds to purchase both properties. The option will expire in October 2017. The purchase price will be determined by an independent third party appraisal. The Development Alternative allows Signal Landmark to pursue entitlements for residential development on approximately half of the Windward site concurrently with TPL's pursuit of acquisition funds and commit to retaining the remaining 2.5 acres of the Windward site as open space and acquiring the 6.2-acre Goodell property and dedicating it for open space. SURROUNDING LAND USES AND SETTING: The project site is generally located at the southeast corner of Bolsa Chica Street and Los Patos Avenue. Historically, the site has been used periodically over the years for agricultural purposes, but has not been used for agriculture in approximately 11 years. The site is currently undeveloped, except for an area in the southwest portion of the property that was utilized as a storage and staging area for construction of the adjacent Brightwater Development from 2006 to 2011. The property is currently fenced and has not been used since 2011 when the construction trailers and all but one of the storage containers were removed. North of the Windward site is the undeveloped 30-foot wide City -owned parcel, which is currently used as a trail by the public to access the Shea Homes property to the east. North of the 30-foot wide parcel are multi -family apartment and condominium complexes. East of the Windward site is the undeveloped Shea property, which is approved by the City for the development of a single-family residential subdivision with a park and open space/conservation areas. The portion of the Shea property directly abutting the Windward site is designated as Open Space — Conservation. The 6.2-acre undeveloped Goodell property is located immediately south of the Windward site. The Goodell property is currently located in the County of Orange. West of the Windward site are Bolsa Chica Street and the Brightwater and Sandover Developments. Both developments consist of single-family residential uses. The Brightwater development also consists of large open space/conservation areas. Surrounding zoning and General Plan land uses designations are depicted in Figures 2 and 3. Figure 4 represents the Windward site in relation to the surrounding properties, developments and resources that are referenced within this document. OTHER PREVIOUS RELATED ENVIRONMENTAL DOCUMENTATION: None. OTHER AGENCIES WHOSE APPROVAL IS REQUIRED (AND PERMITS NEEDED): California Coastal Commission: The Local Coastal Program Amendment is required to be approved by the California Coastal Commission prior to any development of the site HAVE CALIFORNIA NATIVE AMERICAN TRIBES TRADITIONALLY AND CULTURALLY AFFILIATED WITH THE PROJECT AREA REQUESTED CONSULTATION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.3.1? IF SO, HAS CONSULTATION BEGUN? The California Native American Tribes traditionally and culturally affiliated with the project area were invited to consult with the City. No consultation have been requested. HB -1453- Item 22. - 346 Figure I — Project Location 1 E �... i ur9tirt to t° our �a ; 3 co i 5 3 Warner Me. 1 Pro ect ire/ Specific PIS Aee� XAv < Brightwate.rxra.- Developmeni Fla r j t 0 County of Orange N A Item 22. - 347 xB -1454- Figure 2 — Existing and Surrounding Zoning Designations �1 — RL si ential Low Density 1. RL—CZ a i' SP15-CZ f`---Brightwater Specific Plan (Undesignated)-" Planned Community County of Orange HB -1455- Item 22. - 348 Figure 3 — Existing and Surrounding Land Use Designations � I-- OS-C Suburban Open Space - Residential Conservation J County of p Orange r- Il Recently Annexed Area Land Use Not Certified ffr Project Site/' Specific Plan Area r' Item 22. - 349 HB -1456- -P w i■ A Windward Specific Plan City of Huntington Beach LEGEND . Single -Sided Signage Public Access Signage ---- Trail Fence Single -Sided Signage Boulder Signage for Public Access Exhibit 4-1 Open Space / Passive Park Concept Plan /1 1 1 1 I R I ATTACHMENT #13 City of Huntington Beach Community Development Department STAFF REPORT HUMINGiON BEACH TO: Planning Commission FROM: Scott Hess, AICP, Director of Community Development BY: Tess Nguyen, Associate Planner DATE: June 27, 2017 SUBJECT: GENERAL PLAN AMENDMENT NO. 16-002 / ZONING MAP AMENDMENT NO. 16-003 / ZONING TEXT AMENDMENT NO. 16-004 / LOCAL COASTAL PROGRAM AMENDMENT NO. 16-002 / TENTATIVE TRACT MAP NO. 18060 / CONDITIONAL USE PERMIT NO. 16-035 / COASTAL DEVELOPMENT PERMIT NO. 16-018 / DEVELOPMENT AGREEMENT NO. 16-001 / DRAFT MITIGATED NEGATIVE DECLARATION NO. 16-003 (WINDWARD RESIDENTIAL AND OPEN SPACE) APPLICANT/ PROPERTY OWNER: Ed Mountford, Signal Landmark, 27271 Las Ramblas, Suite 100, Mission Viejo, CA 92691 LOCATION: 17202 Bolsa Chica Street, 92649 (SEC of Bolsa Chica Street and Los Patos Avenue) STATEMENT OF ISSUE: • General Plan Amendment No. 16-002 request: — To amend the Land Use Designation from Open Space — Park (OS—P) to Residential Medium Density (RM) for the western half (2.5 acres) of the 5-acre Windward site. • Zoning Map Amendment No. 16-003 request: — To amend the existing zoning designation of Residential Agriculture — Coastal Zone Overlay (RA — CZ) to Specific Plan — Coastal Zone Overlay (SP—CZ) on the entire 5.3-acre project site. • Zoning Text Amendment No. 16-004 request: — To establish the Windward Specific Plan for the development of the residential townhome project and dedication of open space. • Local Coastal Program Amendment No. 16-002 request: — To amend the certified Land Use Plan from Open Space — Park (OS—P) to Residential Medium Density (RM) for the western half (2.5 acres) of the site and to reflect the Zoning Map and Text Amendments described above. HB -1543- Item 22. - 436 • Tentative Tract Map No. 18060 request: — To subdivide the approximately 5-acre lot into one numbered lot (residential development for 36 townhome units) and one lettered lot (open space area). • Conditional Use Permit No. 16-035 request: — To permit the construction of a 36-unit townhome development with associated open space and infrastructure. — To develop on a lot with a grade differential greater than three feet between the high point and the low point. Coastal Development Permit No. 16-018 request: — To construct a 36-unit townhome development and associated open space and infrastructure in the coastal zone. Development Agreement No. 16-001 request: — To vest the proposed land use designations and standards for the development of 36 residential units for a 10-year term. — To ensure the dedication of 8.7 acres of land for passive public open space and resource conservation uses to a governmental agency or a qualified non-profit organization subject to approval by the Executive Director of the California Coastal Commission. Mitigated Negative Declaration No. 16-003 request: — To analyze the potential environmental impacts associated with the project and legislative amendments. • Staff s Recommendation: Approve General Plan Amendment No. 16-002, Zoning Map Amendment No. 16-003, Zoning Text Amendment No. 16-004, Local Coastal Program Amendment No. 16-002, Tentative Tract Map No. 18060, Conditional Use Permit No. 16-035, Coastal Development Permit No. 16-018, and Development Agreement No. 16-001 based upon the following: — The proposed land use amendments to amend the land use designation from Open Space —Park to Residential Medium Density and the zoning designation from Residential Agriculture — Coastal Zone to Specific Plan —Coastal Zone will: • be consistent with surrounding zoning and land use designations; • not result in the loss of an existing or planned recreational resource; • provide for the creation of new housing units in the City; and • provide compatible zoning and General Plan land use designations. — The proposed project will comply with the provisions of the Windward Specific Plan and Huntington Beach Zoning and Subdivision Ordinance (HBZSO) with respect to the development standards as well as the standards of the Coastal Zone Overlay. — The proposed residential units will be compatible with other residential uses surrounding the project site with respect to density, building height, and site layout. — The project meets the requirements of the Subdivision Map Act and has been reviewed by the Subdivision Committee for compliance. — The proposed Local Coastal Program amendment will be consistent with the Coastal Act by providing enhanced coastal access through the improvement of an existing City -owned parcel Item 22. - 437 t 06/27/17 HB -1544- (17sr21 Windward Development) and the Windward open space areas and contributing to existing recreational opportunities through the dedication of 8.7 acres of land for passive open space areas. — The project will be sensitive to surrounding preserved environmentally sensitive habitat areas. — The proposed zoning text amendment, through the proposed Windward Specific Plan development standards, will ensure a development that is compatible with surrounding developments. — The development agreement will ensure the dedication of 8.7 acres of land for passive public open space uses and vests the development of 36 residential units. Approve Mitigated Negative Declaration No. 16-003 based upon the following: — The project, with the incorporation of mitigation measures, will not have significant adverse impacts on the environment. RECOMMENDATION: Motion to: A. "Approve Mitigated Negative Declaration No. 16-003 with findings and forward to the City Council for adoption (Attachment No. 1);" B. "Approve General Plan Amendment No. 16-002 by approving the draft City Council Resolution No. 2017-20 (Attachment No. 2) and forward to the City Council for adoption;" C. "Approve Zoning Map Amendment No. 16-003 with findings for approval (Attachment No. 1) by approving the draft City Council Ordinance No. 4134 (Attachment No. 3) and forward to the City Council for adoption;" D. "Approve Zoning Text Amendment No. 16-004 with findings for approval (Attachment No. 1) by approving the draft City Council Resolution No. 2017-19 (Attachment No. 4) and forward to the City Council for adoption;" E. "Approve Local Coastal Program Amendment No. 16-002 with findings for approval (Attachment No. 1) by approving the draft City Council Resolution No. 2017-18 (Attachment No. 5) and forward to the City Council for adoption;" F. "Approve Tentative Tract Map No. 18060 with findings and suggested conditions of approval (Attachment No. 1);" G. "Approve Conditional Use Permit No. 16-035 with findings and suggested conditions of approval (Attachment No. 1)." H. "Continue Coastal Development Permit No. 16-018 to a date uncertain until after a Local Coastal Program Amendment for the project is certified by the California Coastal Commission." I. "Approve Development Agreement No. 16-001 with findings and suggested conditions of approval (Attachment No. 1) by approving the draft City Council Ordinance No. 4135 (Attachment No. 6) and forward to the City Council for adoption." PC Staff Report 06/27/17 HB -1545- (17sr21 Windward Item 22. - 438 g8 6 e 1 m Q mcr an 33 c3xrKm — Boas I^ aza. ■a7NR■ WAI N= . GAYYIILD 1 Y6YYTOWIi • AAAm9 1 1 • A7I.ANYA 1 HAA�SON 1 BANNIIVG 1 1 1 VICINITY MAP MITIGATED NEGATIVE DECLARATION NO. 16-003/ GENERAL PLAN AMENDMENT NO. 16-002/ ZONING MAP AMENDMENT NO. 16-003/ ZONING TEXT AMENDMENT NO. 16-004/ LOCAL COASTAL PROGRAM AMENDMENT NO. 16-002/ TENTATIVE TRACT MAP NO. 18060/ CONDITIONAL USE PERMIT NO. 16-035/ COASTAL DEVELOPMENT PERMIT NO. 16-018/ DEVELOPMENT AGREEMENT NO. 16-002 (WINDWARD RESIDENTIAL DEVELOPMENT —17202 BOLSA CHICA STREET) Item 22. - 439 1 06/27/17 HB -1546- (17sr21 Windward Development) Windward Recreation Area (Approx. 3,8M S.F.) 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M__ —. —. —. ..,... scar s000i�o��o�>v- a.ai�o • PLAN 3 WINDWARD RIGHT EIEVATICN _.__.._., Opt. TRELLIS is AVAIL. FOR ALL PLANS f cixGLA raven ss rrN.ec wja -." HUNTINGTON BEACH, CA o ��=moo..—�• o—®mom®xsiie ram. I' � ...smr ® „fie � f!� ■ � p. r�41a e.- FLM 'I MGHT .PLAN 3/4 ELEVATION II II �IIIII IIIIIII IIIIIIIIIIIII IIII IIII � L =A �� I BOB PLAN 3 PLAN 4 FRONT ELEVATION �_i se�eo ScuYG vudtR _.— — — — _ — — — — — — — — — — — — — — — — — _ _ _ _ M *. — — — — — — — — — _ — wAck G T 3 PLAN 3/4 ELEVATION B EtEVA 10'4 WI N DWAI � D LEFT EtEuaT a ors HUNTINGTON BEACH, CA SIGNAL ANQMAF7IG 2r2ri.. k/�3 oaanie�.s. stF �,t[aa 2.6 Q..�v-sse-�e,oz I I �� Y�n•tl�1Rlp ii - o � �� �•�s��� Sig I'9 0 — gpA16 Ilk H}4lVhlCSl1CHE , s...a..... ..4 .n...+ —+ --------'' --------------------- m— — — — — — — — — — --— — — — — — — — — — — — — — vc Arm i som 1 — — — — — — — -- — — — — — — — — — -- — — — — — T----------------- ANEP P t3 MM9 3.. REAR ELEVATION WINDWARD LE€T ELEVATKA HUNTINGT(DN BEACH, CA PLAN 3/4 ENHANCED SIGNAL LANDMARK 4727I LASSSK RAW-10. SSE tk90 Ca9.348=8153 . SECONDAW STUCCO, PWAARf STUCCO STONF CRAFT DFAM GLASS TILE M262 P-0 i I HANNC)1J(-_HE CD I WINDWARD HUNTING) TON BEACH, CA COLOR SCHEME 2 COLOR SCHEMES I & 2 Signal Lc3ndmork 22285 kAS NAKAO-*S, $TE *230 L4S6*0N V&J0, CA 92691 9A9 :349 9162 3.1 ,ICONDAVY STUCCO: PRWAqY SDJCC(Y POWDER NU D-1566 LACE VUL DE6372 C01OR SCHEME 3 FRAAkW S=CSECONDARY COVERED W PIAa, TP&W DE 6367 WME CHM DEW357SR)CCO: WINDWARD HUNTINGTON BEACH, CA COLORSCHEME 4 COLOR SCHEMES 3 & 4 Signal Landmark 22 265 LAS RPAABLAS, Sn *230 MMSK�. "EJ-0- CA 92,691 3.2 I RZINVIRARN t MF� COLOR XWEME 5 SECONDW SUCCO: RE© CLAY DET"7 PrAVAW SICCO! SECONDARY SrJOCO: CALF CQMA SNGEM=4 DET 5 13 LAXTE FROTH OWN COLOR SCHEME COLOR SCHEMES 5 & 6 WINDWARD HUNTINGTON BEACH, CA Signal Landmark 2728� LALI ­LASSTE o23Q 3.3 COLOR SCREW 7 14ANNC)U(-- HE Ik SECO\VARY STUCCO: DUSTY DREAM DE6312 MATA kj FOATAVAV - -_ 1 r HUN-nN(DTON BEACH, CA COLOR SCHEME 7 Signal Landmark 272" L" SIF 1 730 NOSSION WJ0. CA 9269' *.414146-8162 3.4 we A 1 MRNNOUCHE owyae":auar>w 1 sreE ® •F"1% � rlr.�� �� s �rsu � u�ro• �� :� ��.s� � azca� le n ttt�����--.. ��� rr r! rr !■ !r � r1� � ■! � r■ rr � rr (l�Ifrili a Iilil_ rrbil[Iwov! .i ��!r Millu u' n n n a 11ti „� EJIt( ELEYA}IQN WINDWARD ale 08 0 BE IMIR mom 11 Lot Perimeter• • SIGNAL L46NDMARK 62 a off KANWDUCHE -V FLW..� znfivi • i HUNTINGTON BEACH, CA Colored Lot Perimeter (East) SIGNAL LANDMARK 4.2 HANNC>UC"E SOWN tLEVA"bN WINDWARD I MM611tv I 10. M 1501 IF 0:3 CWTOC Colored Lot Perimeter (South) SIGNAL LANDMARK 27211 LASV~ftSIE —� N1O5SK>N "E.PO- CA 92691 9,.9 34"142 4.3 I E 0 - wk 1p, F7 man w*sr ELL-VAK)" WINDWARD HUNTIN<:;TON BEACH, CA Colored Lot Perimeter (West) SIGNAL LANDMARK 217, t -S ~81A& SIE r too N S#O" IWJO, CA ?2691 949-34B-8162 iL EM HANNoUCHE P*DW� ELEVARCW HUNTINGTON BEACH, CA Cotored Lot Perimeter (North) Sl�NAL LANDMARK 27221 tA$ 4~&AS� $Tt 0 1 CO *AS$Ka CA 92691 949-130-6162 Mw N � soarxr�,Ii>rn�'; �Qa�N GRAPHIC 3CA TENTATIVE TRACT MAP 18060 L fO . s- CONDOMINUM PURPOSES --------------------- RJR =w IAAf ABWIATKNi3 w wuc irs F a acuE iW wx es w EASEMENr NarW w a)Prrs» wNlt[ n wE r m E Neige® w K wr W axwA WON RP lWRA a M 9ioP®a M aec f�p a:+ TID® A M AiX IW SHHI fwl!e!S M! Ra SNiC. R fOYQJf 1.WL51 s sraPeE)aa (� rPi i e a...oa La®Bn aA rWinaa ae rm+li sx ssim NarES n � av�a c_ v sur Ialr xr !a lor')ssa w +eaaaa a urwa Lai sar iiisolm ui :. PaaEm IMB �. P)SQaR aFoaRReC AIRS mnM+r raeei ozw snv [ OpgSY �+[ ac W a arlPafO 1 mHOSiVI tr M ABS MB! iwl E 9 W K EaAnas. R M MEMaW 9@L M1R a CfAM ]Plni I®Mle .mi?BE Qaj At IU°P.fD f1PPiDE ABC IdaY Ie1wr ®lie p6.rMem Mw MnPFa igeMn {bLMq 1 MNSII IMO VC LOT 1AAY PA%tlk3'AA�SAIiY LW M. o u>us Bra arch __._...sales e WAYi wM IbICNML,...... YPi M..9Ar3 P4aPa 9MgI,5„�,._... k aSEPS UlEBPL iG UK a [roi sea. Ya W ■ [11gr wlt t3 E R ti s aui srcar .Dire r SECTION.A-.4 (A W R g sale IIMi[Y bUFAP' f flm Ci. SECTION BB m d' mo wWWR IfOIID OJi fa® a !ASHY � i IEF K O�Ar MPr lwil ii 5t6aA41a � agPl Nw %NK DBE% �. aaPwE A931 EL E 049daO A .11AKitGi Mw M 45[ ff a)Po®w ERII aMeP>Yt .. slap MP)a}aM9W !aM M.9Bii nu aal K I®AEDa v x m Q wdtCA.l A)CI [RSW WS K O0aMC6 K PLa% 4_ ML SFaS'6 Pi111 E fE16PPLl®M k AAO i� Tv PABa aleE MWa ek CYeart lea 1plwK 1rC V �W W re Ic k'RlglRm Ira 9iWi nAZ Yf FlR FIRS 1Ra151 W K PR 9YLt E fiE7lLpnH wb OYN9 aAkaC fl[ i1E Ma M PW wW af4lP aple 11p01 �L Ml Sa1E PNaE iLar IQ!'G! aF rER TaMMlWe. SmY wM A/16 ILL E eaNl® lelil a SRaOaOr 6 K e1M1 w. 4), MEN W li aE i MEP A< 1C.1 OG D4CL m NaVA� Mt:[f I(nNC6 Mtl B�M3' Y¢ Mn®wF� � YJ- � CE_YAP }pd�F ML ae:�.a w K IwL wra b w amlir a M oacaG 9lPal e3rw taLei W alEAmm w IR k 109 W�a [t. 94tiF5' EYO. air' a[9i ao PIE Yaw PPL s� ti E E9Y6Y. T No kw" Iw01861PY P$I0 r 0 KKIN mt a:VV4 TiiaR EiBt RA YBV1t.i rtCP � nesw! MTvtp aaw si riot MM:. oeoa+se P ssEa � saailo) m aaR f i9D mE a woL snms � sow. �k Eaaoa A Rai at)aai G(9'.05 W Mfdi k riil llPai k Tt PII[P alE 61M11 y M Cm+ Ff1/WE K laRR Pa111111alaLiF !Sal la.f@ r01 Pr awel.cce rR Rr ore an POa<M [f +1�! iw.[' 9S CpP y K Praia[ ar+rae PE Maam Fle:21 ai we nR M railam rALer u E mkclW a Yf RaPAvl6� lbws war tdP511 AB[ wWi twr nm aIt a amio� m )sunEli a nmor a' M M� warm MACBB[ nra roe mne:: nrc° w W Isom hawelc). uE.R M1sai Mfm yr ), soar Ai ®r BBaaiF rw m er �i man v an¢ a nr m, ama Iw x ! L 13& n M1 _ ,w c m. aEPc x az a wPiw if aaPA[ar dEYSP ar » x Wfd�Y'aNR AM4l�aI)[AM wMGeRSa OTx iS.ionw K'�Aamr F 9R r f L@ i PB! GiiR. � a1S 3;. 1ME 1) . IBPp1 mow l9GD m W 0.IPPk ERt>1�:EN IAae�G6 wLPa/')A. 0. a!Oi1-k Ws Pml E4 iai5 9 LAMP Si] !m r a43ffiIS IaGi PlI@ I H-PH-H � 5>CTICti GC SECTION D-0 ffiQ&Ql ADDBM OiM eaa OPT +rm aas. Pan sIm POPt uasva aamrnBk goI m anw kW PWCK Pre �E PUIa aEk tits. a amp MQ eoA� iM) swra[ t— STATEMENT c�F f mol ..ara�w_� �� wra��a',c,EKwrii r ��� MP.y4iP�IW; �Yi Iariai r"`•.a s m �'` a�f—� � ram na a- �. SECTIONFIE �arao aw Stantec TSrrrATW Tmcr W mw Ra I . . ..... .. .... I 0 -HFA r-RCIPFRTY IF- E N IS, P A GE TENTATIVE TftllCT W *110 PLOT PLAN FA TO S AVF4JE SCALE WALL CONSTRUCIPlY NOTES FiAw Dff x 2,916 Cr MW FILL Moo cr NET . BIG CY (DPW WWWARD SIGNAL LANDMARK Stantec 7ENTAT]YE TRACT MAP "M PRELMMY QlADM PLAN �IX }f 5lA1 Ora aK t} aq 14a1 17� GRAPHIC SCALE Ola? watOR/( Y • 1 r r f•{f azv.m j �14 RwtTm9R r Ate+ it 1 J g f i�r gvw xe LOT A p 64 1 N 1 r a 1 ML TOLL I= 1-000-422-4133 AT LOU M AM Buom YM w — - •. •..�•...... -. �.. 11Qa® lVQ waasMr mEm+4rva. iaE R awa R .9 wmrac R �!In wwaa A3QV.'C wi6An aeea>�-vUnaas � .�91 cake A/ S WMlI.C1a. tco yy mr s io x r� Dart a sw� a vsakc wag as .mum cz Fan.< � uwk r na x mr o' asa n nuak9 � >.xR laroMf � re r res c r rous wLAM- SECTION A -A SECnDN" iA IPS r nai R rio.aa �sr iea � e a.®.a � ]l R SEUTO N E-E TK! waecn+t 111P98f ¢ W� LL!I wEtr wanwil( p® pMMZ a. T ac moi an SECTION Hii �T x 1 M1 I�Q f oww rV tow�sa SECTION N'-K MF we II jr Pvwc.wc 1wk f wa rc '� x'x• aarx¢ wo m WE wEa naw t[w— wars we< aBl¢ Au-fC. I ma kK++S>Y R q3' p LM1' va kiMeq ilal r sw$ �. p... SEL"rM C SECTION R-O kb is M' as u Ea 1 I � �W99@ 0.R I 900P.N 3Y r (aC sECTwizFf T9a11 i sr u L 1t\ iOExuc SECTION N x L,ML-j II SEC Tr-O L R.V..IIPVwP wk stantec �VV/ YY*4 S.Ef Viz.. r s,•..1iC sre-- .,. EIKf aouawf ryw u r �Inpp� `el W R@wF tc r oa SECT" G r a rr xws ws 9 Dale .eur onn � 9en aaa SECTFONJJ 7?PIM STREET SECTION W A -W STREET "WATE s t Raw r5Oaff 1Gyp�//01D9.¢pF�.ry,wryG EryMOyRM�A/0.} f��Ipa IO11ML PAW Cdfr i "16 CY FM SILL - ztoo CY �Dof�f} gyp. ,/�. 816�ICY �p(y£�Awa" .a\IA1M TM 1 W p M GRADM CONCEPT PLAN 1 a i CD N _�'�...� � ,•" € � vas rsha+ uc r on u .. i d ! dw�la! .._—.\ i l r� j ! �y -► a}na oxera nm,� \�Q"„1 i � ewn,d�+ awmc � i was ` Y� ]3 .. t l re.�xf •CY., dv erm 6 KOT �1t£ i ,2 I j i 1 ! 1 / �' ps?Ci KrC +AQOI apl+uE `•✓ '� ✓,v; aysaar N oa a� mxe ut " I ✓,;� nra: scr wx ers� ra are cr �wacu �.re.. uaoia !saa�.v. 1 ! _ � 1 � msssr aacx� al;n.[ ^ea ra air a xnc a euoe avow wn an �. ') � mecazt elx+ei smcrac xsr mar x arKt voc sm nt-a ! � (� vaou ami 6vm nw Q I{ Li wxr z uoc i . VAO nsax �I wow d'� I : � r IJ d 1 � ii M� D➢fT' av,moc R.V+ t10•t0 Aa M FWa.RIt •i0S'.T'P9� kA` a[n1t' T4 YIR. Witt i4E�TNR 5 K Nuw'Y ,WfA c81 st MtiwA FiY�: 1; elCFf M1Kf(M �qA Pk1Eix kil EF cle4YT W >i� 9ei•�! S'vfyi 1; i IIa � e'� � v !f ; 1. ��. rmer x,tu r�+anx� ens w�. er mere n snneutas � sera mom'r�ax+wn ra'au]x acr •rw arw (rm-caFa xeen kvac 4450 AiT 7, R9t}+6 w�cen rt'Px Neff v aewn d 8xY y xes roM ( I i 1 q t � �„ � M eeaswae ex�Tx rw wexrdlr+a tc v� xR[• ru ![.P44dID sx MCItlCMR.I a9W8 y t } 1t, � •,,`. � 2 dtCNi Mai KipRew ORM Ne.'!e S�SC:IW N6 MUr !KM bb` ems' PX W & � i \ � Rtaw wa6 W4 M .wIMl9 nmtn' k �MPIY¢ Rai sK M�A1f0 � xd Ilj ( 1 i � HC `^._. � x i,,,t �� 19 't � raLLr WItG d xlen a+a 1M610MWj[ r,� � .f` APN t f Y SECT" A -A MI l •Mytl MA •Mytl MA Na i_—g LQS PAR%... wtNDWARD I 1 I w ' � x f 1 I�7 i 1 ♦ 1 < wo pAa+a1, d e # � A 1 t A OPEN SPACE 0 C MOTE - acanc u-Pa wx ncsac as p Pucve aocnc .fl �s sc� pi rA - Avm sa 7,4 wp�ylp 1'. S S f A1! Pl1 1. 1 1 Am— is 1 SECTMN A -A ALF st x. encac arac nc � sa+w xra msxs � n t GAMMC SCALE 3l t t5 ]0 Po IYJ WROW t ae PSEt 1 1 mcn � q R aie r AM q v+a TWATW TRACT MAP OM Sf�l'11xtC w } r CITE muTY F'l.m .., a 1 4k'HIa NDesign Development Package For: WINUF"'hWARD Huntington Beach, CA Tract Number - 18060, 38 Single -Family, Detached Condominiums Signal Landmark IORN4\ 27271 Las Rambles, #100 PUNNMKi - DEWN - LANDSCAPE AACHtrECTURE Mission Viejo, CA 92691 3w PUkw8htM Cft*Cbiet Mr. Ed Maud" 851-=4 00ft Meta, CA 9082E CM41 675=8= k CONSULTANT TEAM VICINITY MAP SHEET INDEX x _.. �.. PAOrF C 1 WWWA VICINITY MAP N KT.S ►� GENERAL NOTES ABBREVIATIONS �m P+Si f.iw Mr• VM. MMW 2-r1.M'K 4 R-.d� - ... SUBMITTALS mc'r`w.x"-vaw+c�-` ram,•® '' a.mmww.00s..r noa =e¢. tiam °tl1"` .M6"arcm., v w aiw� .� p'•e rr+ss.re «ae�.�or w«wsw. aew..+-u+ •¢ wo e.+.e c. c+crw .w.eux oe pvrmae PAM 001aer'IIa1 Lwdwqw Pon No. e......— ►vwm t i I('NZ11\ . Ww�rA...- FLW14rnXM AT F"RMACE FIOM FURNITURE STYLE GON3TRlGTICN LECAU40 r---1 0 V7 W w ll W r4t NVW 11Nxl\lj � IIIIIII I�III� �, O4T�Du eSci6 ooHTMlCtIF. O M'PACf® NmGRTOF ® a �. wwiecoeo eaA.E, i�vr•.r.r PLANTER LLMT14 CURB SfflM ,ID 4 CD � �neee an TefTK. P.aa rw, ew.+wrseT, orrao. 4 AM Nr:3 {till 04=0 .m W N GA' N energy ol rrrrr r.t_ �� 8 4 a �e vaeeA. vn� ra�naT,c GyT£T/L nae. ru rr enu cv Os Ar rare. un..os,... V mnewT O ru Trs+�T n.rrs� uwT seeLm POOL GATE AND FIREMAC:E ELEVATION MAW �mz QA?1k8P11A4'l sb.oNa OOL GATE AT ARC41TECTURE Ow SCLX41W WQMA3 M I LA *UR I WOE PArft &M ., LOC*® Ir@e ro —TB rA L VA.*FARV., e:ET 6 n 6FIT. I POOL EQUIMIEVT ACCE55 GATE 0 / / / / o a a O ��t:=mac•:s_"'_ p STATION � Nxaw.i. aTorrtaa ar e�mc� QeT�� aT�..raa Q nrdcnet+u. ws rr- usr twtnrt e+A wT a aaur+wr rrsaxwc. ua,. IlllOe to DE1Ai.3 OIRrI U►iAtCi Q CA161.Nr1ACE IW� Low mm b R A MIKE n FYTTi1 Bi04iGP1Yi Ci/8 "L. AC, Gw TD T }10gR* #.+ WIT-W r t;...�-. -, .� 16 KAVM x I 1 I 3 I 7 3 EJECT ENTRY' ELEVATIOK SCALE: I"- Fiv=ECT ENTRY MM VMW SCALE, N 10'-00 �-WINPWARP zz"Ma COMMCai }CIE "PAL � MGLE-SIDED KIOW Sha+OGE I MAC v%w T a I► WNW to CD N p[?N pO5i KF PtMl111Y1M R '� iMKGI JY YtR CN � r•r- liA i.4P oYwrw wTt � 1 ofV+"ai:Y rpY:6=dkpYy p6114' /T tWNh+o RFh.KtM AgLtT.�A.RU+.4.'Y, � '1 " J.� 1 iww.If Lcaw,.n. 4 rp:,sr cn.aT � ' iYCsY cG?pS'Nk6 rtN� fER'£YxA - p A�I.n8t004riY� E_vA'ivsa.Yxif'tM1G CffiS1!fYt E#[E4E�'A'tl'w�675�i asas� bCai3t'+r� ttYiv�r+lhTS _.. } pfA9AfEk�RY.a4c+.Wcm rfx,E 3u^.f'sT TUBLLLAR METAL POST 04 RETAR4W. 1 SIDE YARp RETURN WALL AN? GATE CTYP6CAL GCRdDITIOW 1 4 PERIMETER comp vTy BLOCK WALL. � �OGiT4A51Et Un I rap6P tt.'$.Ut k£ryS.W-hllRhh N KP rhp bT*W p[wS1gY YEY�W�"i.T �. Rrl +k'9}/Rf rlP3t 4r7F9h9: WkIOR SSCapd£ T.SNp. s6"3. T4#.thT irEtAL r[cC£ :PPECf4'^Y a' o:c, MAX, h1&T I 24, $. ssF4stpm Mi4 r!USK A M rtCBCE x to e � f Y ix C !i 1 � w er£?rcna'p06T � IiSYRig!! Gam. �rs�+•}ac..ecs �ar.�:wrEY fi>4Nrv'tE.s'Y.Rt'SER SCetE.Y['s tT IEM6k+'RUS£€plYfi+Y& SG1E?$'%5'd' - - PEWMETElt MASTER rjFLTLaULAR METAL VIEW FENCE ON RETANM � rhsr uY rizo--.we*e au_ �rszau.Us `unr+w rm:UpiA/ApiVi wYis+a corx+f:rtnoi raac .YpTR •fv..w e�rrca t ros F C.6. IAh:K. iA- rt�eY ) rp,e SakGR'TI pL4'i pa.MmrYx kiFh Y � 9�. nRW upTx. D.6.9R46 RJSIi hlh j'flCY`/.4 tl"-kM-tEu:t se.+a€±vt-�TA' s�r�+.+�t+tztacL tussr., c TRAIL PENCE 6 TUBULAR METAL VIEW Fe4r-S 3 IYYA-�i {11YOp�M� 3 'mil •'gyp^ i n I r t I E h I CD THEE BUBBLE RSPRINKLERS 0 } )RIP LINE SYSTEM. TYPICAL LAYOUT O M P LINE SYSTEM - TUBING Q DRIP ZONE CONTROL VALVE ASSEMBLY QK TRENCHING • -email u=i�;= aQ �L•,+�f�a ��IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� © '� O O O p _ O O O O 4 � �Pwa1paw"" .,.y..nu"'... r....r..v., POP-UPSPRINKLER HEAD ] WATERPROOF WIRE CONNECTOR ElBALL VALVE © FLOW SENSOR f Q "-" a �. • t L o iinUO�i O C ®@ k' yl 8 �UU}�U P, g� matyy.�l.cir Ft p=..aa,,Illl ults[tr.. Q OUtGK OOUPLM VALVE QD CW:TROLEERt ENCLOSURE:: WEATHEF46ASED � C��6�L1 �`' �YII�aFj • i� O n- O ems} � _ "`Lc►'�"1. Z► � '! Q O ELECTRIC CONTROL VALVE — 4 7� LrtT 4f kAMIfiNbTbM iA Ck (`+ ,.. r ,,�, ..Fav i• wn. av,n .ww,.+ ses VALVE S R9��AO�pi1 Old � JIL Kai MW I' ei[ r I E I t f d i E i i i S k E Y L 1 S J J� TREE LEGEND �. rmm�asa arm a¢r, r1t®a i .ay..t esi roPsare e er+ axa.. myv� '�•(`'}�� al—..... s x• x. r rtP.�n e+iway arr� e;61✓ e•as tmx x•tc+lu_ �ilGE44,E Par0.Y4 wC�ls./ 5 x'tLa YI roXRiIF Caine �YdT 4t b 4a.0 Yyas'hn./!ow'P! � �11'eN W MMY P1 Wnrlse lM�tl.' %'� 1 MabECetf 41'Wtl Cal MStY N'.�PMintTn P.Ywfi irx.�Y S.�p- qx LL' pv � /lGbP4t �% �� P{Pt Ore M1Y i+•On l R'OS.dh i ., } eM.�amr xp,. n-. .�s•ee. a .ee.•itc p rr p.�rWee`+ �a�O. serer f. nwsure ® Aslspr iMb M''h. 5!i.'L. ! .f�OfCa1€ raw b lea. M: m GmM en rr.Mr.' ,4'ew- 6 �a ?'� sew.+��e �.� en a u• se.: + �. x=sh r"~ VW LEGEND �{, gR,plritf. 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W* M54M+ e 'gYY t'�sr ewe +�rasn Wk.. moms \ spodynx SHRUB LAYOUT PLAN a' \ BMW fbl!•9 W E LP-2 a9 APARTMENT SITE ■rdYra 2;lxWINDWARD �r OPEN SPACE r� REV i ON yl CRY LANDSCAPE LOT TREE LAYOUT CITY LANDSCAPE LOT SWRJD LAYOUT TREE Lvilm ana again ca�au m arr rma 0 nrw u�, t�n'ad,� 6m s nes.�u r�oc'ai.w`o. w.rmwu.+�eaaa.. . uM1.y MnM COVER LSua* m annm ra G3 9aA4u♦uf a Nv911it rue4w' MHHMSMpw014G �.N 1FA (tAd1I6YVG0 SHRO LEGeo ru r�rrn artlxaar m rd aces p BwfM �M4Y MrW R� Lwpe 3yw i� la � MlYwbyy({LeW �1!M' ��41 1g't 1tt 'MOVYr � e+rs++raa.rw.� a�..�.•.cwanousd+. +ga n roan. �r�rraueex �vmraucca�teu t,n nFem icy. � llrM, V��h ewa. �c�q,aad� a,ee O.IP 6tl�nr �� hiss+ 4q e.e.r. are�.�.s Taos+ craa+r e�.m 'qq an a'o e ;e0e..ar t..n.0 rsay.eu ra..xaw.ea. eoiwx Dour+ no as hr�iyv�.a, c.�m � r�`a`weF s°edMs ay�.uwem. carr»e. rra.a a�.» ssea tneturocrsa.Rre, a�•R..wao+as ecoreweeocaaw. rti.e� a�a,rerr rurr GENERAL FLANTM NOTES ilir -1 A P�w 0 VP a-p I w Of- 0 W (D m-cw WOr- � W N TM TFOR MAN" -0. 34* aar CzwtpwL DA00"m $PAC** "M*. I.M Immmm T-"— L 09 ft.VCW W UIAT TIEW� tw� a AT fKA.4RAM rJk LEWN M AWT WAIkVM OK4.L W VQ�L W � PM".M M TW PL,*W P N WAM " RANT tUVWMAL SrAr.*4% TPW TO W PLAn� M DO-14M, W ".V~ A-A.W� C.T� MAOM - �v K � TWE PLkM 4MIAIW SPAC lufw OCA", M IN W� M !!4f.T M-AMTI 1 � PLMT RX Meg.. *E� MARC#& *Arm . C^R- FLAW r..mC44qxftK 4 AMMM P" ft'W"aw I FW" ALA. - Pt."t� -" M ar%CM� L Ae u�T 0=0 m " efto. w IMPOM F40TVALL N PLAKTM M. M*0AW APO NVOTRAU F"m to IWA"— MLF W M V AWAT FPNXf TLE T%M Mmm TO #"WM k8 m x -..#— Ace* ft.*;rMk '%U;O "U" T40"M B � ON 11 I- - . _- rd I . z - � tea® a. w _ _ _ _ l 07 0 = =v m WTI � 0 MMMOSWAINg TPWAIW L6 6 aW FPSM AMA fgtY "MI St� ML AOMA APfT-AP D PLSWd I [$.RAR Tpaw� TGPWF fOW4RAM C) mw%maavmuQ-L (D mvw YM Tv§ AT A.4 FM rLQM%C?LWjM* ONW044INDA11M PNW GRAVE 31, DWSIM PeWMATtF3T P WI)4 4splems 140W Exam IV spm'. AP MIF ATRk" N MAT TC"MTV@t Aft r - s• . a ate. Ns lJ vlpw c4,#vcTMK �o fro" Mw Amr-Qftz -m-- 3 ��Hp�mt L i Le- "TIN.LATk:N Fi� -, lk. T*?mmEPL4Nrw. 7 n" I Exhibit B Amended General Plan Land Use Map (Extract of Figure LU-5) Suburban Residential County of Orange Recently AI nexed Area Land Use Not Certified Legend RL-7: Residential Low Density — 7 du/acre RM-15: Residential Medium Density — 15 du/acre RMH -25: Residential Medium High Density — 25 du/acre OS-P: Open Space — Parks OS-C: Open Space — Conservation HB -1703- Item 22. - 596 ORDINANCE NO.4134 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING DISTRICT MAP 33 (SECTIONAL MAP 28-5-11) OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO REZONE THE REAL PROPERTY GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF BOLSA CHICA STREET AND LOS PATOS AVENUE FROM RESIDENTIAL AGRICULTURE — COASTAL ZONE OVERLAY (RA -CZ) TO SPECIFIC PLAN — COASTAL ZONE OVERLAY (SP-CZ) (ZONING MAP AMENDMENT NO.16-003) WHEREAS, pursuant to California State Planning and Zoning Law, the Huntington. Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Map Amendment No. 16-003, which rezones the property generally located southeast of the intersection of Los Patos Avenue and Bolsa Chica Street from Residential Agriculture — Coastal Zone Overlay (RA -CZ) to Specific Plan — Coastal Zone Overlay (SP-CZ); and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That the real property that is the subject of this ordinance is generally bounded by the tenninus of Los Patos Avenue to the north, Bolsa Chica Street to the west and the City of Huntington Beach corporate boundaries to the south, and is more particularly described in the legal description and map attached hereto as Exhibit A and, incorporated herein by this reference. SECTION 2. That the zoning designation of the Subject Property is hereby changed from RA -CZ (Residential Agriculture — Coastal Zone Overlay) to SP-CZ (Specific Plan — Coastal Zone Overlay). SECTION 3: That Huntington Beach Zoning and Subdivision Ordinance Section 201.04B District Map 33 (Sectional District Map 28-5-11) is hereby amended to reflect Zoning Map Amendment No. 16-003 as ,described herein. The Director of Community Development is " " 11573451MV 1 Item 22. - 597 HB -1704- ORDINANCE NO.4134 hereby directed to prepare and file an amended neap. A copy of said District Map, as amended, shall be available for inspection in the Office of the City Clerk. SECTION 4. This ordinance shall become effective immediately upon certification by the California Coastal Commission but not less than 30 days after its adoption. SECTION 5. Ordinance No. 3884 is hereby rescinded and repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 32017. REVIEWED AND APPROVED: City Manager ATTACHMENTS: Exhibit A: Legal Description Exhibit B; Amended Zoning Map ATTEST: Mayor City Cleric APPROVED AS TO -' City Attorney t 3 NITIATED AND APPROVED: Director of Community Development 17-569611573451MV 2 HB -1705- Item 22. - 598 EXHIBIT "AN SPECIFIC PLAN BOUNDARY THAT PORTION OF SECTION 28, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA, CITY OF HUNGTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER. OF THAT CERTAIN 6.20 ACRE PARCEL OF LAND DESCRIBED IN A QUITCLAIM DEED TO DONALD E. GOODELL RECORDED NOVEPMER 5, 1959 IN BOOK 4960, PAGE 87 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER, AND AS SHOWN ON RECORD OF SURVEY 97-1000, PER MAP FILED IN BOOK 169, PAGES 25 THROUGH 36, INCLUSIVE, OF RECORD OF SURVEYS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE, ALONG THE NORTHERLY LINE OF SAID 6.20 ACRE PARCEL, SOUTH 89058130" WEST, 440.00 FEET TO A LINE PARALLEL WITH ,AND 33.00 FEET EASTERLY OF THE CENTERLINE OF BOLSA CHICA STREET, BEING THE WESTERLY LINE OF SAID SECTION 28 AS SHOWN ON SAID RECORD OF SURVEY 97-1000; THENCE, ALONG SAID PARALLEL LINE, NORTH 001110129" EAST, 493.55 FEET TO A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF TRACT NO. 10853, IN SAID CITY OF HUNTINGTON BEACH, PER MAP FILED IN BOOK 513, PAGES 14 AND 15 OF SAID MISCELLANEOUS MAPS; THENCE, ALONG SAID PARALLEL LINE, SOUTH 8903513511 EAST, 57.00 FEET TO THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARK DEDICATION PARCEL DESCRIBED IN A GRANT DEED TO THE CITY OF HUNTINGTON BEACH RECORDED FEBRUARY 28, 2000 AS INSTRUMENT NO, 20000104631 OF SAID OFFICIAL RECORDS; THENCE, ALONG THE WESTERLY LINE OF SAID PARK DEDICATION PARCEL, NORTH 00010'29" EAST, 30.00 FEET TO THE NORTHWESTERLY CORNER OF SAID PARK DEDICATION PARCEL; THENCE, ALONG THE NORTHERLY LINE OF SAID PARK DEDICATION PARCEL, SOUTH 69035135" EAST, 383.00 FEET TO THE NORTHEASTERLY CORNER OF SAID PARK DEDICATION PARCEL AND THE NORTHWESTERLY CORNER OF TRACT NO. 15377, IN SAID CITY OF HUNTINGTON BEACH, PER MAP FILED'IN BOOK 950, PAGES 19 THROUGH 27, INCLUSIVE, OF SAID MISCELLANEOUS MAPS; THENCE, ALONG THE EASTERLY LINE OF SAID PARK DEDICATION PARCEL AND CONTINUING ALONG SAID WESTERLY LINE OF TRACT NO, 15377, SOUTH 00010129" EAST, 520.23 FEET TO THE POINT OF 3EG11MIN0. CONTAINING 5.23 ACRES, MORE DR LESS. V.VROJECfSL4424491IfturveylkgalAS?ECIFICPi.AN BOU4DARY_70160927.doc 1 OF 2 Item 22. - 599 HB -1706- EXHIBIT "A" SPECIFIC PLAN BOUNDARY ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ARTY. PREPARED BY: STANTEC CONSULTING UNDER THE DIRECTION OF: 4 DAMES 0. STEINES, jP.L.S. 6096 SEPTEMBER 27, 2016 J.N. 2042 449110 V:\PR0JECT3\20424491 101surveyUegaMSPECIRC PLAN BOUNDARY_20160927,du 2 OF 2 E r,R - 1 Item 22. - 600 Exhibit B Amended Zoning Map III � #tel l.ow Dense Planned Community County of Orange RL: Residential Low Density RMH: Residential Medium High Density SP-15: Specific Plan 15 (Brightwater) SP-16: Specific Plan 16 (Windward) CC: Coastal Conservation CZ: Coastal Zone Overlay 9 Item 22. - 601 HB - 1 708_ RESOLUTION NO.2017-19 AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON, CALIFORNIA, ADOPTING ZONING TEXT AMENDMENT NO. 16-004 BY CREATING THE WINDWARD SPECIFIC PLAN (SP-16) TO APPLY TO REAL PROPERTY SOUTHEAST OF THE INTERSECTION OF BOLSA CHICA STREET AND LOS PATOS AVENUE WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate public hearings relative to Zoning Text Amendment No. 16-004, wherein both bodies have carefully considered all information presented at said meetings, and after due consideration of the findings and recommendations of the Planning Commission and all other evidence presented to the City Council, the City Council finds that such zone change is proper and consistent with the General Plan. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Huntington Beach does hereby resolves as follows: SECTION 1: The Windward Specific Plan is consistent with the adopted Land Use Element of the General Plan, and other applicable policies and is compatible with surrounding development. SECTION 2: The Windward Specific Plan enhances the potential for superior urban design in comparison with the development standards under the base district provisions that would apply if the Plan were not approved. SECTION 3. The deviations from the base district provisions that otherwise would apply are justified by the compensating benefits of the Windward Specific Plan, which maintains significant and well located public open space and scenic vistas of the Bolsa Chica area. SECTION 4: The Windward Specific Plan includes adequate provisions for utilities, services, and emergency vehicle and public service demands and will not exceed the capacity of existing and planned systems. 17-5696/157334/MV 1 HB - l 709- Item 22. - 602 RESOLUTION NO.2017-19 SECTION 5: That the real property subject to this Resolution is southeast of the intersection of Bolsa Chica Street and Los Patos Avenue, and is more particularly described in the legal description and sketch collectively attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. SECTION 6: The Windward Specific Tian, attached herein as Exhibit `B" and incorporated by this reference as though fully set forth herein, is hereby adopted and. approved. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. REVIEWED AND APPROVED: City Manager Mayor ATTEST: City Clerk APPROVED A 70 FORM: City Attorney V / INITIATED AND APPROVED: Director of Community Development ATTACHMENTS Exhibit A: Legal Description Exhibit B: Specific Plan No. 16 — Windward Specific Plan 17-5696/ 157334/M V Item 22. - 603 2 HB -1710- EXHIBIT "A" SPECIFIC PLAN BOUNDARY THAT PORTION OF SECTION 28, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN'THE RANCHO LA BOLSA CHICA, CITY OF HUNGTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THAT CERTAIN 6,20 ACRE PARCEL OF LAND DESCRIBED IN A QUITCLAIM DEED TO DONALD E. GOODELL RECORDED NOVEM13ER 5, 1959 IN BOOK 4960, PAGE 87 OF OFFICIAL RECORDS, IN SAIA OFFICE OF THE COUNTY RECORDER, AND AS SHOWN ON RECORD OF SURVEY 97-1000, PER MAP FILED IN BOOK 169, PAGES 25 THROUGH 36, INCLUSIVE, OF RECORD OF SURVEYS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE, ALONG THE NORTHERLY LINE.OF SAID 6.20 ACRE PARCEL, SOUTH 89"58'30" WEST, 440.00 FEET TO A LINE PARALLEL WITH AND 33.00 FEET EASTERLY OF THE CENTERLINE OF BOLSA CHICA STREET, BEING THE WESTERLY LINE OF SAID SECTION 28 AS SHOWN ON SAID RECORD OF SURVEY 97-1300; THENCE, ALONG SAID PARALLEL LINE, NORTH 00°10'29" EAST, 493.55 FEET TO A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF TRACT NO. 10853, IN SAID CITY OF HUNTINGTON BEACH, PER MAP FILED IN BOOK 513, PAGES 14 AND 15 OF SAID MISCELLANEOUS MAPS; THENCE, ALONG SAID PARALLEL LINE, SOUTH 89035135" EAST, 57.00 FEET TO THE -SOUTHWESTERLY CORNER OF THAT CERTAIN PARK DEDICATION PARCEL DESCRIBED IN A GRANT DEED TO THE CITY OF HUNTINGTON BEACH RECORDED FEBRUARY 28, 2000 AS. INSTRUMENT NO. 20000104631 OF SAID OFFICIAL, RECORDS; THENCE, ALONG THE WESTERLY LINE OF SAID PARK DEDICATION PARCEL, NORTH`00010129" EAST, 30.00 FEET TO THE NORTHWESTERLY CORNER OF SAID PARK DEDICATION PARCEL; THENCE, ALONG THE NORTHERLY LINE OF SAID PARK DEDICATION PARCEL, SOUTH 890351350 EAST, 393.00 FEET TO TiE NORTHEASTERLY CORNER OF SAID PARK DEDICATION PARCEL AND THE NORTHWESTERLY CORNER OF TRACT NO. 15377, IN SAID CITY OF HUNTINGTON BEACH, PER MAP FILED IN BOOK 950, PAGES 19 THROUGH 27, INCLUSIVE, OF SAID MISCELLANEOUS MAPS; THENCE, ALONG THE EASTERLY LINE OF SAID PART{ DEDICATION PARCEL AND CONTINUING ALONG SAID WESTERLY LINE OF TRACT NO. 15377, SOUTH 00010129" EAST, 520.23 FEET TO THE POINT OF BEGINNING. CONTAINING 5.23 ACRES, MORE OR LESS. VVROIHCTSU042449110ts"rvey\[aplMPEC[FlC PLAN BOUNDARY 20160927.dnt 1 OF 2 HB -1711- Item 22. - 604 EXHIBIT "A" SPECIFIC PLAN BOUNDARY ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS —OF —WAY OF RECORD, IF ANY. PREPARED BY. STANTEC CONSULTING UNDER THE DIRECTION OF: 4 JAMES 0. STEINES, P.L.S. 6086 SEPTEMBER 27, 2016 J.N. 2042 449110 VAPROJECTSU1042"91 Iftor veylegaIMPECIFIC PLAN BOUNDARY_20160927,dac 2 OF 2 Item 22. - 605 HB -1712- RESOLUTION NO.2017-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 16-002 TO AMEND THE LOCAL COASTAL PROGRAM LAND USE PLAN AND IMPLEMENTING ORDINANCES TO AMEND ZONE 2 — LAND USE PLAN OF THE CITY'S COASTAL ELEMENT FOR THE REAL PROPERTY GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF BOLSA CHICA STREET AND LOS PATOS AVENUE AND TO REFLECT ZONING TEXT AMENDMENT NO. 16-004 AND ZONING MAP AMENDMENT NO. 16-003 AND REQUESTING CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, after notice duly given pursuant to Government Code Section 65090 and Public Resources Code Section 30503 and 30510, the Planning Commission of the City of Huntington Beach held public hearings to consider the adoption of the Huntington Beach Local Coastal Program Amendment No. 16-002; and Such amendment was recommended to the City Council for adoption; and The City Council, after giving notice as prescribed by law, held at least one public hearing on the proposed Huntington Beach local Coastal Program Amendment No. 16-002, and the City Council finds that the proposed amendment is consistent with the Huntington Beach General Plan, the Certified Huntington Beach Local Coastal Program (including the Land Use Plan), and Chapter 6 of the California Coastal Act; and The City Council of the City of Huntington Beach intends to implement the Local Coastal Program in a manner fully consistent with the California Coastal Act, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1: That the real property that is the subject of this Resolution is generally located southeast of the intersection of Bolsa Chica Street and Los Patos Avenue and consists of approximately 2.5 acres within the City of Huntington Beach (Exhibit A). SECTION 2: That the Local Coastal Program (Coastal Element) for the Subject Property is hereby changed to reflect a change in the land use designation for the subject property from Open Space — Parrs (OS—P) to Residential Medium Density — 15 dwelling units per acre (RM-IS) for the eastern half of the subject site (Exhibit B). I7-5696/ t 57342/MV 1 HB -1 7 13- Item 22. - 606 RESOLUTION NO. 2017-18 SECTION 3: That the Huntington Beach Local Coastal Program Amendment No. 16- 002 also consists of Zoning Text Amendment No. 16-004 and Zoning Map Amendment No. 16- 003, a copy of which is attached hereto as Exhibits C & D, and incorporated by this reference as though fully set forth herein. SECTION 4: That the California Coastal Commission is hereby requested to consider, approve and certify Huntington Beach Local Coastal Program Amendment No. 16-002. SECTION 5: That pursuant to Section 13551(b) of the Coastal Commission Regulations, Huntington Beach Local Coastal Program Amendment No. 16-002 will take effect automatically upon Coastal Commission approval, as provided in Public Resources Cade Sections 30512, 30513 and 30519. SECTION 6: That Resolution No. 2010-48 is hereby rescinded and repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting hereof held on the day of REVIEWED AND APPROVED: City Manager 2017. Mayor ATTEST: City Clerk APPROVED AS 'fOIrQM: -" City Attorney INITIATED AND APPROVED: fit/ Director of Community Development ATTACHMENTS: Exhibit A: Location Map Exhibit B: Amended Land Use Plan (Extract of Figure C-6 of the Coastal Element) Exhibit C: Zoning Text Amendment No. 16-004 Exhibit D: Zoning Map Amendment No. 16-003 17-5696/157342/MV Item 22. - 607 2 HB -1714- Exhibit A — Location Map � f i-' l� If _......... --- __Los ratan Ave. �; ......... .Brigt twater Development - -- - -`� County of Orange A HB -1 7 1 s- Item 22. - 608 Exhibit B Amended Land Use Plan (Extract of Figure C-6 of Coastal Element) Suburban Residential County of Orange Legend RL-7: Residential Low Density — 7 du/acre RM-15: Residential Medium Density —15 du/acre RMH -25: Residential Medium High Density — 25 du/acre OS-P: Open Space —Parks OS-C: Open Space — Conservation NKWMW Coastal Zone Boundary Item 22. - 609 HB - 1 7 16_ Exhibit D Amended Zoning Map �., SP16 C2 -RL-CZ Q y j SpBC��IC ��p11 � Coas#at ZonE ©. SP15-CZ Brightwater Specific'Plan (Undesignated) Planned Community County of Orange Le end RL: Residential Low Density RMH: Residential Medium High Density SP-15; Specific Plan 15 (Brightwater) SP-16: Specific Plan 16 (Windward) CC: Coastal Conservation CZ: Coastal Zone Overlay i A H B _ i 1-- Item 22. - 610 ORDINANCE NO. 4135 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SIGNAL LANDMARK (DEVELOPER) (DEVELOPMENT AGREEMENT NO. 16-001) WHEREAS, the Planning Commission approved Conditional Use Permit No. 16- 035, Coastal Development Permit No. 16-018, and Tentative Tract Map No. 18060 to develop an approximately 2.5-acre property located at 17202 Bolsa Chica Street (Property) with 36 townhome units with a 3,800 square feet of resident recreation area (Project) pursuant to the Windward Specific Plan; and The City and Developer each mutually desire to enter into a Development Agreement with one another to permit and ensure that the Property is developed in accordance with the approved Conditional Use Permit No, 16-035, Coastal Development Permit No. 16-018, and Tentative Tract. Map No. 18060 and the Windward Specific Plan zoning regulations to achieve the mutually beneficial development of the Property. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That the City Council hereby finds that Development Agreement No. 16-001 conforms to Government Code Section 65864 et. seq. and that: a. Development Agreement No. 16-001 is consistent with the Huntington Beach General Plan; and b. Development Agreement No. 16-001 is consistent with Chapter 246 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), the Huntington Beach Municipal Code, and the Subdivision Map Act; and c. Development Agreement No. 16-001 will not be detrimental to the health, safety and general welfare, and will not adversely affect the orderly development of the property because it is consistent with applicable land use regulations of the zoning regulations in effect at the time of project approval, mitigation measures adopted for the Project in accordance with MND 16-003, and conditions approved for Conditional Use Permit No. 16-035, Coastal Development Permit No. 16-018, and Tentative Tract Map No. 18060; and 17-5696/157322/MV 1 Item 22. - 611 HB -1718- ORDINANCE NO.413 5 d. The City Council has considered the fiscal effect of Development Agreement No. 16-001 on the City and the effect on public open space in the Bolsa Chica area and has balanced these needs against available fiscal and environmental resources. SECTION 2: Based on the above findings, the City Council of the City of Huntington Beach hereby approves Development Agreement No. 16-001 and adopts it by this ordinance pursuant to Government Code Section 65867.5. This action is subject to a referendum. SECTION 3: This ordinance shall take effect 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 , 2017. Mayor ATTEST: City Clerk APPROVED A ORM: City Attorney Aw REVIEWED AND APPROVED: City Manager ATTACHMENTS: Exhibit A: Development Agreement No. 16-001 INITIATED AND APPROVED: Director of Community Development 17-5696/ 157322/MV 2 Item 22. - 612 ATTACHMENT #16 N N GPA No. 16-002 ZMA No. 16-003 ZTA No. 16-004 LCPA No. 16-002 DA No. 16-001 MND No. 16-003 17202 Bolsa Chica Street May 21, 2018 N I BACKGROUNI,' In 2008 Signal Landmark proposed "The Ridge" — subdivision and development of a 22-unit single- family planned unit development on the 5-acre parcel — GPA: land use from OS-P to RL — 7 units/acre N — Z M A: zoning from RA — CZ to R L— CZ — ZTA: amend PUD supplemental standards and provisions regarding public benefits and parking — LCPA: reflect the zoning map, zoning text, land use amendments In 2010 City approval of "The Ridge" project — approved all proposed land use and zoning amendments — adopted a Mitigated Negative Declaration — submitted the LCPA to the CCC — August 2010: Bolsa Chica Land Trust filed litigation challenging City's approval of MND — litigation stayed pending CCC decision — June 2014: City and Signal Landmark withdrew LCPA from consideration by the CCC N N In 2016—Settlement Agreement — Acquisition Alternative: preserve both Windward and Goodell properties with option agreement with Trust J for Public Land to purchase both properties w/in 18- month period — Development Alternative: allow Signal to pursue entitlements for residential development on western 2.5 acres, preserve eastern 2.5 acres for open space, and acquire 6.2-acre Goodell property for open space ILI "T 4L "IT I — General Plan Amendment: to amend Designation from Open Space -Park to Medium Density for western half (2.5 site the Land Use � Residential acres) of the — Zoning Map Amendment: to amend the zoning designation from Residential Agriculture -Coastal Zone Overlay to Specific Plan -Coastal Zone Overlay for entire 5.3-acre site CD N N — Zoning Text Amendment: to establish the Windward Specific Plan for the development of the residential project and dedication of open space — Local Coastal Program Amendment: to amend the certified Land Use Plan from Open Space -Park to Residential Medium Density for the western half of the site and to reflect the Zoning Map and Zoning Text Amendments Development Agreement: to vest the proposed land use designations and standards for the development of 36 residential units fora 10-year term; to ensure the dedication of 8.7 acres of land for passive public N open space to a governmental agency or a qualified non-profit organization — Mitigated Negative Declaration: to analyze the potential impacts associated with the project and legislative amendments CD N N June 27, 2017 Public Hearing —PC recommended approval of the MND, GPA, ZMA, ZTA, LCPA, and DA to the City Council —PC approved the Tentative Tract Map and N Conditional Use Permit to permit 36 townhomes on the western 2.5 acres of the Windward site —PC continued the Coastal Development Permit to a date uncertain No appeal was filed on the project entitlements [KOITSION 111 LI El I I$] LI RTITJ I I ON KKIKi — Legislative amendments normally forwarded to City Council for review after PC action — Legislative amendments that need Coastal Commission review would be forwarded for review — City had an opportunity to work with Coastal Commission to address concerns prior to City Counci action to facilitate faster processing — Draft Windward Specific Plan and Development Agreement revised and reformatted to include changes requested by Coastal Commission — Modifications do not change the project approved by Planning Commission N N ANALYSIS: GPA — Change from Open Space - Park to Residential Medium Density is consistent with AS W surrounding designations — Change will not result in the loss of existing park space, passive public open space or planned future park and recreational opportunities ANALYSIS: ZMA — RA zoning designation no longer the appropriate W zoning designation since no agricultural uses in over 11 years — RM zoning compatible with existing zoning designations surrounding the project site as well as the proposed General Plan land use N designation N N N N � ANALYSIS: ZTA — Establish Windward Specific Plan for development of residential project and dedication of open space z —Specific Plan determines land use, zoning, development standards, and infrastructure for the site N Medium density residential development for western half — Passive open space for eastern half to be dedicated to a governmental agency or a qualified non-profit organization ANALYSIS: LCPA — Site is not a park or recreational resource and not planned for future recreational use x — Proposed amendment to the LUP will not result in the loss of a coastal recreational resource — Existing recreational and open space opportunities are available in the vicinity that would serve the project's residents — Project would contribute to the enhancement of coastal recreational resources through the preservation of 8.7 acres as open space area N N N — The Agreement is consistent with the proposed Windward Specific Plan, General Plan, and Local Coastal Program land use designation for the site — Benefits: 'Developer —certainty in land use, density, and intensity of the Windward development ■ City dedication of 8.7 acres of land for passive public open space, improvements of the City - owned parcel and the Windward open space parcel with trails and landscaping, maintenance by the Windward Homeowners Association ENVIRONMENTAL REVIEW — M N D No. 16-003 concludes less than significant impacts with mitigation measures proposed for Biological and Cultural Resources — Biological Resources: surveys to determine if two special status species on project site prior to construction and follow established protocols if found — Cultural Resources: archaeological and Native American monitoring during site grading and construction to ensure proper treatment of any resources discovered onsite N N � SUMMARY — Will not result in significant adverse impacts to the environment — Proposed land use and zoning designations: consistent surrounding land use and zoning designations — LCPA: consistent with the Coastal Act and provides for preservation and enhancement of existing coastal recreational resources and coastal access — SP: designed to address the comprehensive and unique development of the residential and open space areas of the project site — DA: consistent with SP, GP, and LCPA land use designation — Approve environmental document and legislative amendments with suggested findings of approval and adopt corresponding ordinances and resolutions • Mitigated Negative Declaration • General Plan Amendment • Zoning Map Amendment • Zoning Text Amendment • Local Coastal Program Amendment • Development Agreement Exhibit B Amended General Plan Land Use Map (Extract of Figure LU-5) Legend RL-7: Residential Low Density — 7 du/acre RM-15: Residential Medium Density — 15 du/acre RMH -25: Residential Medium I ligh Density — 25 du/acre OS-P: Open Space — Parks OS-C: Open Space — Conservation Ordinance No. 4134 Exhibit B Amended Zoning Map �RMH RMH Residential — � edium/High R L co Density C ih i ential Low Density' , V Los Patos Av f S P 16—CZ Subject Site Specific Plan Sandover DuCoastal Zone CC Planned Coastal Community Conservation Brightwater Dr. County of SP15-CZ Orange -----pIl L_CZ Brightwater Specific Plan /N (Undesignated) n i Legend RL: Residential Low Density RMH: Residential Medium High Density SP-15: Specific Plan 15 (Brightwater) SP-16: Specific Plan 16 (Windward) CC: Coastal Conservation CZ: Coastal Zone Overlay r6 0 ! •'n t n� a s NYr,1P •1II i '"�"I w,newm rn .Y NY.ne el 1, n nt•na d s yyy a NrY Ars 4 Dann P.r. ID r 6 4 � Y• oi D.r w,Po ro, i W.+yar R wn11,n. C' G .rn.Mi:.� N•n..- C wk. a l ' a u J.,.4 `,. wo ttfP ' 3 w ina,.tr.y G Pr ndr..n..n SP•„°w D•i m Muy PM `Ily.,.t try Sktl•r• n. i ld,.v., A,. J R. Ara., P� - f.. n. D. e.�,. , c•.ru/. p. • � carp D. i M.nru,n D. i L.M., U, S."• dD, wnaa Di ; su.on Dr � 8 � ` C+wk D. f ronta�,tn D. Rr..Csodt n, M... C,I, • ,. � 1Yr. _ urwrtr• n, o.nr D Me.do..,w• n• m � S. a �. - c M..an.P D, G ytN,e.Or M.da.<nrt U. �..... •t.. Nwl Ar. sn S mm n a �.eP D, - r..r.• a r.r� s wrrrcu � - » - ti ii _ • i S a fi _ S a e -Iry s F Rnpra a vkMbw c c aSf i Da rAn D, c i � er•nn.n Or = sry e ..r .w C., 4e Poe a :.• t t n, P.tn• 1. r i �rrn j t'rcf. D• @]PROJECT - SITE s O -, y,•len• U, v.rw Pr,•. � w i Mu. Y.n• W = u stacw A.a Pr.<• Dr • P.nl•v Ue L. d.. rk J a •�� F : R•P%Mi $ 4 P»„• o, ♦g K�•e, D. v,� fie. nY.4�>n nr MM,Mu. p. P �tw.m to ye. ,r�r. .. 6 %,a F e, t Windward Specific Plan City of Huntington Beach 0 1, Sources: Esri, HERE, DeLorme. USGS, Intermap, increment P Corp.,, g NRCAN, Esn Japan. METI, Esn China (Hong Kong), Esn (Thailand), r Mapmylndia, „- OpenStreetMap contributors and the GIS User ` CorTvnunity Exhibit 1-1 Vicinity Map ♦ I I I I Ft NORTH 0 z w o' to s OMYO "nog ,I $Q y Q U Col. Y 0 �a c (AA N i I W IOU C Y 2 ._._._._._._.�.�.� �_--_-_-_-_CL N Y ----- - MWS "V3 RRM J L_ 1O 5 'a U Y rym U IJ{ N 0. _.- -- - MOWS RJOU "log m° H w c / W, J 3 0 WINDWARD 1. Introduction 1.4 Authority and Scope for Windward Specific Plan The authority to prepare, adopt, and implement specific plans is granted to the City by the California Government Code (Title 7, Division 1 Chapter 3, Article 8, Sections 65450 through 65457). Specific plans are generally designed to: 1. Provide greater level of detail than a traditional zoning ordinance and to serve as a tool to tailor development policies and regulations to a particular site; 2. Provide more specific site development standards to create appropriate land use designations and design criteria that addresses project -specific issues; and Provide decision makers with the opportunity to comprehensively review a land use plan in its entirety at the outset in order to consider land use compatibility, circulation, infrastructure and other issues related to development of a site. The Windward Specific Plan will be used by the City to implement the City's Local Coastal Program and General Plan for the Windward Property. The Windward Specific Plan contains all the applicable land use regulations and thus constitutes the zoning ordinance for the Windward Property. The development standards contained in the Windward Specific Plan will take precedence over all provisions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), unless otherwise noted. 1.5 Purpose and Intent The Windward Specific Plan provides the City with a comprehensive planning program to direct the development of the residential and open space areas contained within the Windward Property. The Windward Specific Plan provides a description of the land use, public facilities, circulation, infrastructure, development standards, and implementation measures to ensure the Windward Property is developed in a manner consistent with the City's vision for the site. It also allows the City to consider a comprehensive planning approach for the open space and conservation uses available in the future in conjunction with the City Property and the neighboring Goodell Property. The regulations contained in the Windward Specific Plan will ensure that development of the Windward Property is designed in concert with the surrounding open space assets. Because the Windward Property lies within the Coastal Zone, special consideration is given to fulfilling the objectives of the California Coastal Act as expressed in policies promulgated in the City's Local Coastal Program. In the case of the Windward Property, public access and resource protection — including both biological and cultural resources — are the two most relevant Coastal Act issues to be addressed. The Windward Specific Plan, along with a corresponding General Plan Amendment, will become effective upon certification by the Coastal Commission as an amendment to the City's Local Coastal Program (LCPA). April2018 1_10 VVINDWARD 1. Introduction 1.6 Objectives of the Windward Specific Plan • Provide a comprehensive land use plan that designates the location and intensity of land uses along with roadway circulation and public facilities. • Implement the Ridge Litigation Settlement. • Ensure compatibility with surrounding land uses. • Provide housing opportunities in a location where housing is in high demand. • Provide access to Coastal property that is currently inaccessible to the public by dedicating a portion of the site to a government agency or qualified non-profit organization, and creating trails that allow the public to enjoy the open space and resource conservation areas. • Design a residential community that promotes resource protection and maximizes open space by clustering development close to existing development. • Provide a mechanism whereby the Windward Specific Plan facilitates a comprehensive examination of the surrounding properties and consideration of future open space connections and passive public open space and resource conservation opportunities. • Establish development standards that prevent degradation of coastal resources and provide designs for open space that improve the current ecological value of the property. 1.7 General Plan Consistency The Windward Specific Plan will implement the following goals of the Huntington Beach General Plan: • LU4: Achieve and maintain high quality architecture, landscape and open spaces in the City; • LU8: Achieve a pattern of land uses that preserves, enhances and establishes a distinct identity for the City's neighborhoods, corridors and centers; • LU9: Achieve the development of a range of housing units that provides for the diverse economic, physical and social needs of existing and future residents of Huntington Beach; and • ERC1: Improve and enhance the overall aesthetic value and appearance of the City of Huntington Beach through the provision and maintenance of local public and private open space. • Cl: Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs. April 20I8 I-1 I W1NDAIARP 1. Introduction • C2: Provide coastal resource access opportunities for the public where feasible and in accordance with the California Coastal Act requirements. • C4: Preserve and, where feasible, enhance and restore the aesthetic resources of the City's coastal zone, including natural areas, beaches, harbors, bluffs and significant public views. �pril 1018 1-12 2 2.1 2.2 2. Development Plan DEVELOPMENT PLAN Land Use Plan The Windward Land Use Plan is illustrated on Exhibit 2-1, Land Use Plan, and contains approximately 5.3 acres. The Windward Property is composed of the Windward Residential Parcel and the Windward Open Space Parcel. The Windward Property overlooks some of the lowland areas of Bolsa Chica owned by the State of California to the south and the Parkside project open space area to the east. The site is across Bolsa Chica Street from the existing Sandover neighborhood at the intersection of Los Patos and Bolsa Chica Street and adjacent to apartments on the north. The Windward Residential Parcel allows for 36 residential dwelling units clustered adjacent to existing residential development (see Exhibit 2-2, Illustrative Site Plan). The non-residential land uses designated for the Windward Open Space Parcel are intended primarily for passive open space and resource conservation uses which are described in Chapter 4, Open Space and Resource Conservation. Table 2-1 Land Use Summary Table w Residential - Medium 2.5 36 1 14.4 du/ac Coastal Conservation 2.8 Not Applicable I NotApplicable Residential Development As identified in Table 2-1, the Windward Specific Plan contains a Residential — Medium land use category providing for a maximum of 36 residential dwelling units. In addition to the housing units, a private recreation area is provided at the northwest corner of the Windward Residential Parcel and may contain a swimming pool, gas grill, an outdoor fireplace, or similar amenities. Adjacent to the community recreation area, at the southeast comer of Bolsa Chica Street and Los Patos Avenue, is the existing landscaped entrance to the Brightwater and Sandover neighborhoods, which will retain its existing use. The residential landscape and architectural design concepts (including project entry, private recreation area, wall and fence design, open space trail, and plant palette) are provided in the Chapter 6, Appendices. Development Standards are set forth in Chapter 3. 1 Precise acreages are2.50 acres of Residential —Medium and 2.76 acres of Coastal Conservation, Acres are rounded to 2.8 acres throughout the Windward Specific Plan. Apri12018 2-1 Los Patos Avenue Residential - Medium Coastal Conservation 2.5 AC. 2.8 AC. SandoverCO Drive U uJ 0 Ca IILL LEGEND Residential - Medium Coastal Conservation Exhibit 2-1 Windward Specific Plan Land Use Plan City of Huntington Beach I I I I, 7 Egg Za%Dry Apwbmft V*dm 41R, MMA /� EAft SWAM 0 m1up mg E*" W&MIK D — Wop is Goo" &bft S,9by CaxbTmwm 0 wkxkvafd open Spew ti my Om pi Ety E.,dilbit 2-2 Windward Specific Plan Illustrative Site Plan I I K)RMkt\ City of Huntington Beach NAI 11 1 m,V.,U 1 7 a�' • 7 Le LEGEND Existing Landscape ® Perimeter Wall 1 Fence - Refer to Exhibit 2-6 Tubular Metal Fence 0 Common Area HOA Maintained Landscape �3 Existing Monuments 10 Private Yard ® Existing Turf Parkway and Street Trees 11 Community Recreation Area - Refer to Enlargement, Exhibit 2-5 Community Signage 1© City Owned Property © Private Patio 13 Decomposed Granite Loop Trail (2) Privacy Wall or Fence - Refer to Exhibit 2-6 14 Enhanced Vehicular Paving Exhibit 6-2 Windward Specific Plan Residential Landscape Plan City of Huntington Beach am 0 100 ft .J rir L 30, i rrl=Nn (D E)*ng Lampe t� Chaise Lounges ® Gated Entry ® FlImoace with Hearth and Seating Area t� NO St%Wn © Picnic Tables 70 Pool Equo ve Enclosure with Exterior Access Gate 8Q Resboom Building with Shower 9Q Pool Fence Enclosure 10 Pool with Single (8' x 38') Swim Lane 0 Evergreen Sawn Hedge Exhibit 6-4 Windward Specific Plan Community Recreation Area Plan City of Huntington Beach M 3:1, it P ID P A W 0 1:4 m AI if if if Al Al ■ N F ■ [ ~ �I 4 g } l L L� d ONNV.Uv �--Jr & i X". mad a r N -15 C4 U i PLO U �.,: K �. i' �! i •, I�` �;_ �ti�� � a� r i� � �a� 4 � �� f, r � � _v �� � �� f �.., . r c � r, ._ ' r _. WINDWARD - 6. Appendices Table 6-1 Residential Landscape Plant Palette Botanical MAINTAINED —TREES" Arbutus unedo Strawberry Tree Archontophoenix cunnin hamiono King Palm Brachychiton populneus Bottle Tree Cercis occidentalis Western Redbud Cinnamomum camphora Camphor Tree Citrus species Citrus Cocos plumosa Queen Palm Eriobotryo deflexo Bronze Loquat Erythrina coralloides Coral Tree Fei'oa sellowiana Pineapple Guava Ficus orida Florida Fig Ficus nitida 'Green Gem' Ficus rubiginoso Indian Laurel Fig — Green_ Gem Rustyleaf Fig Ginkgo biloba Lo erstroerrlia species Maidenhair Tree Crape M rtle Magnolia grandiflora SPA Southern Magnolia Melaleuca nesophila Pink Melaleuca Melaleuco quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Phoenix conariensis Canary Island Date Palm Phoenix doctylifera Date Palm Pinus e/darica Eldarica Pine Plotanus racemoso California Sycamore Podocar us gracilior Fern Pine Prunus corohniano Carolina Laurel Cherry Tristonia conferto Brisbane Box Tupidonthus calyptratus Tupidanthus _,.._ _,. COMMUNITY — HOA MAINTAINED — SHRUBS Agaponthus Africanus Lily -of -the -Nile Agave omericana Century Plant Agave attenuate Fox Tail Agave Agave showii Shaw's Agave Aloe orborescens _ Tree Aloe Aloe vera Medicinal Aloe Buxus japonica Japanese Boxwood CameNia japonica Camellia Campanula poschorskyano Serbian Bellflower Carex spisso _ San Diego Sedge Carisso mocrocar 'Fancy' Natal Plum April 2018 6-12 WINDWAkl) — 6. Appendices Residential Landscape Plant Palette Botanical Ceanothus gloriosus 'Point Reyes' Point Reyes Ceanothus Ceanothus griseus var. 'Yankee Point' Ovid miniata Yankee Point Ceanothus Kaffir Lily Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Crassula argentea Jade Plant Cyothea cooperi Australian Tree Fern Dicksonia Antarctica Tasmanian Tree Fern Dietes vegeta Fortnight Lily Dodonaeo viscose Hopseed Bush Escollonia ' radesii' Pink Escollonia Grevillea 'Noellii' Grevillea Hebe buxi olio Boxleaf Hebe Helictotrichon sempervirens _ Blue Oat Grass Hemerocallis hybrid 'Mountain Violet' Daylily Hemerocallis hybrids Evergreen Daylily Kni ho to uvaria Red Hot Poker Lantana sellow/ana Lavandula pedunculato 'Atlas' Trailing Lantana Spanish Lavender Li ustrum opoMcum Japanese Privet Li ustrum 'o onicum Texanum' Waxleaf Privet Miscanthus sinensis'Yakushima' Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lindheimer's Muhly Grass Muhlenbergia rigens Deer Grass Myoporum 'Pacificum' NCN Myoporum porvilfolium NCN Sword Fern Nephrolepis exaltato Nolino bigelovii Bigelow's bear grass Philodendron selloum Big Leaf Philodendron Phoenix roebelenii Pigmy Date Palm Phormium tenax New Zealand Flax Pittosporum crassifolium'Nano' Dwarf Kara Mock Orange Pittosporum tobira Podocorpus spp. Fern Pine India Hawthorn Rhaphiolepis indica Rosmarinus o icinalis Rosemary Schefflera actinophyllo Schefflera Schefflera octinophyllo Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum Blue-eyed grass Solonum xantii Purple Nightshade Strelitzia nicolai Giant Bird of Paradise Strelitzia re inae Bird of Paradise April 2018 6-13 WINDWARD 6. Appendices Residential Landscape Plant Palette Botanical Trachelos ermum jasminoides Star Jasmine Viburnum suspensum Westrin is fruticoso Sandankwa Viburnum Coast Rosemary Xylosma congestum'Compacta' Xylosma Xylosma congestum 'Ed Dorado' Yucca lomentosa 'Varie ata' Dwarf Xylosma Variegated Yucca Yucca species UNNTY Bougainvillea sp . Yucca Bougainvillea Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood -Red Trumpet Vine Grewia occidentals Lavender Starflower Pandorea jasminoides Bower Vine Rosa banksioe 'Alba Plena' Climbing Rose Trachelospermum jasminoides Star Jasmine COMMUMpt:O Armeria mortimo Common Thrift Bacchoris pilularis 'Pigeon Point' Coyote Bush Dymondia morgaretae Silver Carpet Festuca ovino glauca Blue Fescue Lantana sellowiano Trailing Lantana Senecio mandraliscae Blue Chalksticks Verbena h brida Marathon 11 'Festuca Arundinoceo' Garden Verbena Dwarf Tall Fescue April 2018 6-14 WINDWAP,P 6. Appendices Residential Landscape Plant Palette Botanical PRIVATE RESIDENTIAL LOTS - TREES Acer mocrophyllum Big Leaf Maple California Box Elder Acer negundo vor. californicum Acer palmatum Aesculus californica Japanese Maple California Buckeye Strawberry Tree Arbutus unedo Arctostaphylos glouca _ BigberryManzanita Arctostaphylos insuloris _ Island Manzanita Brochychiton populneus Bottle Tree Carob Ceratonia siliquo Cercis occidentolis Western Redbud _ Camphor Tree Cinnomomum camphora Citrus species Citrus Tree Fern Bronze Loquat Dicksonia Antarctica Eriobotrya deflexa Eriobotrya japonica Loquat _ Feijoo se!lowiona Pineapple Guava Ficus florida Fig Ficus nitida 'Green Gem' ~ _Florida Indian Laurel Fig — Green Gem Ficus rubiginoso Rustyleaf fig Froxinus dipetala _ California Ash Ginkgo bilobo _ Maidenhair Tree Juglans californica California Black Walnut Lagerstroemia indica Lagerstroemia species Crape Myrtle Crape Myrtle Grecian Laurel Louris nobilis Liriodendron tulipfero Tulip Tree Fernleaf Ironwood Lyonthamnus floribundas ssp. Asplenifolius Macadamia integrifolio Macadamia Nut Magnolia grandifloro Southern Magnolia Maytenus boario Melaleuca nesophila Mayten Tree Pink Melaleuca Melaleuca quinquenervla Cajeput Tree Metrosideros excelsus _ New Zealand Christmas Tree Pistocia chinesis Chinese Pistache Victoria Box Pittosporum undulatum _ Plotanus racemoso _ California Sycamore Plumerio rubra Egyptian Starcluster Fern Pine Podocarpus gracilior Prunus coroliniona Carolina Laurel Cherry Ptelea crenulota California Hoptree Rhus integrifolia Lemonade Berry April 2018 6-15 WiNDWAM) 6. Appendices Residential Landscape Botanical Rhus lancea Plant Palette African Sumac Rhus louring Sambucus mexicarw Laurel Sumac Mexican Elderberry Tabebuia chrysotricha Golden Trumpet Tree Pink Trumpet Tree Trumpet Tree Tabebuia impetiginoso Tabebuia ipe Tristonio conferto Tristanio laurino Brisbane Box NCN Tupidanthus _ Tupidanthus calyptratus PRIVATE RESIDENTIAL LOTS -SHRUBS Abelia grandifloro 'Edward Goucher' Abelia Abutilon 'Moon Chimes' Parlor Maple Western yarrow Achillea millefolium var. californica Agaponthus a ricanus Agave attenuate Lily -of -the -Nile Foxtail Agave Agave shawii Shaw's Agave Agave vilmoriniona Octopus Agave Aloe arborescens Tree Aloe Aloe Vera _ Medicinal Aloe Aiyogyne huegelii Blue Hibiscus Armeria mortimo Common Thrift Asclepius speciose Showy milkweed Aster chilensis California Aster Baccharis pilularis 'Pigeon Point' Coyote Bush Baccharis piluloris Twin Peaks #2' Dwarf Coyote Bush Baccharis pilularis Twin Peaks' Coyote Bush Prostrate Baccharis salici olio Mulefat Begonia 'Richmondensis' Richmond Begonia Bergenio cordifolia Winter Saxifage Bou ainvilleo Tahitian Maid' Double Bougainvillea Calyste is mocrostegia Camellia japonica California Morning Glory Camellia Campanula portenschlogiona Dalmatian Bellflower Campanula poschorskyana Serbian Bellflower Corexspisso San Diego Sedge Carissa macrocarpo Green Carpet Natal Plum Carissa macrocarpo 'Fancy' Natal Plum Castilleja foliolosa Wooly Indian paintbrush Ceanothus spp. Ceanothus Cerastium tomentosum Snow -in -Summer Cercis occidentalis Western Redbud Chrysanthemum leucanthemum Oxeye Daisy April 2018 6-16 WINDWARD 6. Appendices Residential Landscape Plant Palette Botanical Cistus hybridus White Rockrose Cistus incanus ssp. Corsicus NCN Orchid Spot Rockrose Cistus Purpereus Cistus salyfifolius Sageleaf Rockrose Orchid Rockrose Cistus x purpereus Clivia miniato Kaffir Lily Comorostaphylis diversifoho Summer Holly Conolvulus cneorum Bush Morning Glory Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Coreopsis gigontea Giant coreopsis Coretherogyne filaginifolia California aster Cotoneaster aprneyi NCN Cotoneaster buxifolius NCN Crossula argentea Jade Plant Crassula ar entea 'Crosby' Miniature Jade Plant Crassula ovate Jade Tree Cuphea hyssopifolia False Heather Hardy Ice Plant Delosperma cooperi Dendromecon rigida Bush Poppy Dietes vegeto Fortnight Lily Dodonaea viscose Hopseed Bush Dudleyo abramsil spp. munno _ San Luis Obispo Dudleya Dudleya coespitoso Coast Dudleya Dudleya edulis San Diego Dudleya Dudleya hassei Catalina Island Live Forever Dudleya lanceolate Lanceleaf Liveforever Dudleya pulverulento Chalk Liveforever Erigeron karvinskianus Santa Barbara Dais Eriogonum arborescens Santa Cruz Island Buckwheat Edo ovum giganteum St. Catherine's Lace Eriophyl/um confertiflorum Golden Yarrow Escallonia frodesii' Pink Escallonia Escallonia Varieties Escallonia species Eschscholzia cal' rnka California Poppy Feyoo sellowiana Pineapple Guava Fran uia californica California Coffeeberry Fuchsia 'Gortenmeister Bonstedt' Honeysuckle Fuschia Golvezia spedose Island snapdragon Gardenia josminoides Gardenia Garrya elliptica _ _ James Reef Silk Tassel Grevilleo 'Noellii' Grevillea Grewio occidentolis Starflower April 2018 6-17 WINDWARD - _ 6. Appendices Residential Landscape Plant Palette Botanical Hordenbergio comptoniana I Lilac Vine Helictotrichon sempervirens Blue Oat Grass Daylily Hemerocollis hybrid 'Mountain Violet' Heteromeles arbutifoho 'Davis Gold' Toyon Heuchero Autumn Leaves' Coral Bells Heuchero 'Purple Palace' Alum Root Heuchero maxima Channel Islands Coral Bells Hibiscus spp. Hibiscus Holodiscus discolor Ocean spray Hypericum calycimum Aaron's Beard Iris dou losiana Douglas Iris Jasminum nudiflorum Winter Jasmine Kni ho is uvaria Red Hot Poker Lantana comas cultivors Yellow Sage Lantana comoro montevidensis Trailing Lantana Lantana sellowiano Trailing Lantana Lovondula dentota French Lavender Lovandulo pedunculata Atlas' Spanish Lavender Island Pitcher Sage Lepechinia fragrans Leptospermum loe. 'Vigoturn' _ Australian Tea Tree Leucophyllum frutecens Texas Ranger Ligustrum japonlcum Japanese Privet Limonium perezii Sea Lavender Liriope "Silvery Sunproof Monkey Grass Lonicera 'a nica Halliana'Hall's Japanese Honeysuckle Lonicera subspicato Wild Honeysuckle Lonicera subs icata var. denudata Chaparral Honeysuckle Mahonia aquifolium 'Golden Abundance' Golden Abundance Oregon Grape Mahonia nevenii Nevin Mahonia Molocothamnus fasciculatus Chaparral Mallow Miscanthus sinensis 'Yakushima' Eulalia Grass Miscanthus tronsmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lind heimers Muhly Grass NCN _ M oporum 'Pacificum' Myoporum debile _ NCN NCN Myo orum porvil oliurn Myrtus communis True Myrtle Nephrolepis exoltata Sword Fern Nerium Oleander Oleander Nolina bigelovii Bi elow's bear grass Nolina cismontane Chapparal Nolina Nolina species Mexican Grasstree O untio littoralis Prickly Pear April 2018 6-18 WINDWr4RD 6. Appendices Residential landscape Plant Palette Botanical Opuntia oricola Oracle Cactus Osteospermum fruticosum Pachysandra terminalis Trailing African Daisy Pachysandra Poeonio colifornica California Peony Penstemon hetero h Ilus Margarita Bop' Blue Bedder Penstemon heterophyllus vor. austrolis Foothill Penstemon Penstemon spectabilis Showy Penstemon Pentas lanceolata Egyptian Starcluster Philadelphus lewisif Lewis' mock orange Philodendron selloum Big Leaf Philodendron Phormium Lenox New Zealand Flax Photiniax roseri Fraser's Photinia Pittosporum crossifolium 'Nana' Dwarf Karo Pittosporum tobira Mock Orange Prunus coroliniono Carolina Cherry Laurel Hollyleaf Cherry _ Prunus Hici Ilo Prunus Iyonil Catalina Cherry Punica gronotum Pomegranate Mountain Mint Pyconthemum tali ornicum Quercus berberdifolia California Scrub Oak Quercus dumosa Coastal Scrub Oak Rhamnus cal ornica Coffeeberry Indian Hawthorn Lemonade Berry Rhaphiolepis indico Rhus inte rifolio Rhus ovato Su arbush Golden Currant Ribes oureum vor. gracillimum Ribes indecorum White Flowering Currant Romne o coulteri Matilija Poppy Romneyo coulteri 'White Cloud' White Cloud Matilija Poppy Rosmorinus officinalis Rosemary Rumohro adiantiformis Leatherleaf Fern Salvia 'Bee's Bliss' Bee's Bliss Sage Salvia alpiono White Sage Cleveland Sage _ Salvia clevelandii winVe 'Gilman' Solvio greggil Salvia sonomensis Autum Sage Creeping Sage Salvia spothacea Hummingbird Sage Sambucus mexicano Mexican Elderberry Sontolino cho. 'Nana' Lavendar Cotton Sontolino virensn Green Lavender Cotto Satureja chandleri San Mi uel Savory Sche lera actinophylla Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum California Blue-eyed grass April 2018 6-19 WINDWARD _ 6. Appendices Residential Landscape Plant Palette Botanical Solanumxantii Purple Nightshade Solanum xantliPurple Nightshade California Goldenrod Solidogo velutina ss . call ornka Stachys bulloto Hedge Nettle Strelitzia nicolai Giant Bird of Paradise Strelitzia reginae Bird of Paradise Teucrium fruticons and cultivan Bush Germander Tholictrum fendleri var. polycorpum Mountain Meadow Rue Thuja occidentalis'Globoso' White Cedar Trachelospermum asiaticum Ivory Star Jasmine or Asian Jasmine Trachelospermumjasminoides Star Jasmine Tulba hio violaceo Society Garlic Vene osia car esloides Canyon Sunflower Viburnum suspensum Sandankwa Viburnum Viguiera lociniato San Diego Sunflower Xylosma con estum Shiny Xylosma Xylosma con estum 'Compacts' Xylosma Xylosma congestum 'Ed Dorado' Dwarf Xylosma Banana Yucca Yucca baccato Yucca filamentoso Vadegoto' Variegated Yucca Yucca fi ida Blue Yucca Yucca Species Yucca Yucca whipplei Yucca Zouschneria colifornica 'Catalina Island' California Fuchsia Zephyronthes candido Autumn Zephyrlily PRIVATE RESIDENTIAL LOTS - VINES Bougainvillea spp. Bougainvillea Pink Powder Puff Violet Trumpet Vine Calliandra haematocephala Clytostoma callistegioides Distictis buccinatoria Blood -Red Trumpet Vine Grewia occidentalis Hardenbergia violacea _ lavender Starf lower Hardenbergia Macfadyena unguis-cati Cat's Claw Mandevilla splendens Alice du Pont Mascagnia macroptera _ Golden Vine Pandorea jasminoides Bower Vine Parthenocissus tricuspidata Boston Ivy Rosa banksiae'Alba Plena' Climbing Rose Trachelospermum jasminoides Star Jasmine PRIVATE RESIDENTIAL LOTS - GROUNDCOVER Aptenia cordifolia x Red Apple Armeria martima Strawberry Common Thrift April 2018 6-20 WINDWARD 6. Appendices Residential Landscape Plant Palette Botanical Artemisia caucasica Caucasian Artesmisia Baccharis pilularis Dwarf Coyote Bush Coyote Bush Baccharis pilularls 'Pigeon Point' Baccharis pilularis Twin Peaks #2' Dwarf Coyote Bush Baccharis pilularis 'Twin Peaks' Coyote Bush Prostrate Cistus crispus NCN Corea pulchella Australian Fuscia Coresopsis lancelata Coreopsis Crassula lacteal NCN Crassula multicava NCN _ Crassula tetra ona NCN Delosperma 'alba' White Trailing Ice Plant Dimor hotheca aurantiaca African Daisy Drosanthemum floribundum Rosea Ice Plant Drosanthemum hispidum NCN Drosanthemum speciosus Dewflower mondia margaretae Silver Carpet Festuca ovina glauca Fragaria chiloensis Blue Fescue Wild Strawberry/Sand Strawberry Gazania 'Copper King' Gazania Gaza nia'Moon low' Gazania Gazania hybrid'Mitsua Yellow' Semi -trailing Yellow Gazania Gazania hybrids South African Daisy Gazania rigens leucolaena Trailing Gazania Hedera canariensis English Ivy Iberis sempervirens Evergreen Candytuft Iberis umbellatum Globe Candytuft Redondo Creeper Lampranthus filicaulis Lampranthus spectabilis Trailing Ice Plant Lamprathus aurantiacus Bush Ice Plant Lantana sellowiana Trailing Lantana Lasthenia californica Dwarf Goldfields Lu inus arizonicus Desert Lupine Sider Lupine Lu inus benthamii Lu inus bicolor Lupinus sparsiflorus Sky Lupine Loosely flowered Annual Lupine/ Coulter's Black Mondo Grass Ophio on'Ni rescens Black' Ophiopogon japonicus Mondo Grass Osteospermum 'Buttermilk' Osteospermum fru. 'African Queen' -Osteospermum Trailing African Dais Osteospermum fru. 'Burgundy' Trailing African Daisy Osteospermum fru. 'Whirligig' Trailing African Daisy Osteospermum fruticosum Freeway Dais April 2018 6-21 WINDWAkP 6. Appendices Residential Landscape Plant Palette Botanical Osteospermum fruticosum'Hybrid White' Freeway Daisy Pelargonium peltatum Ivy Geranium Star Creeper Pratia pedunculata Sagina subulata Irish Moss Sagina subulata 'Aurea' Scotch Moss Santolina cha. 'Nana' Lavendar Cotton Verbena hybrida Garden Verbena Verbena peruviana species Verbena Viola hederacea Australian Violet PRIVATE RESIDENTIAL LOTS - SUCCULENTS Aeonium 'Kiwi' Kiwi Aeonium Red Edge Echeveria _ Mexican Snowball Echeveria agovoides 'Red' Echeveria ele ons Echeveria imbricate Hens and Chicks Paddle Plant Kalanchoe thyrisifloro Sedum pochyphyllum Stonecrop Sedum rubrotinctum Pork and Beans _ Senecio mondraliscoe _ Blue Chalksticks MgVATE RESIDENTIAL LOTS - TURF Marathon 11 'Festuca Arundinocea' Turf - I Dwarf Tall Fescue A-G Cnd Farmc Inr - Nita PLic - — PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES Adenostoma fasciculotum Chamise Adenostoma s arsi olium Red Shanks Aegilops triunciolis Barbed Goatgrass Ageratina odenophora Crofton Weed Ailanthus oltissima Tree Of Heaven Alhogi pseudolha i Camel Thorn Ammophilo orenorio European Beachgrass Anthemix cotula Mayweed Arctotheco colendulo Capeweed Artemisia call ornico California Sagebrush Arundo donox Giant Reed Atriplexsemibaccoto Australian Saltbush Avena barboto Slender Oat Avena otuo Wild Oat Bossia hyssopifoho Fivehorn Smotherweed Bellordia trixa o Mediterranean Lineseed Brachypodium distochyon Purple False Brome Black Mustard Brossica nigro Brossico rapa Wild Turnip, Yellow Mustard. Field Mustard April 2018 - 6-22 WINDWARD 6. Appendices Residential Landscape Botanical Brasska tourne rt- Plant Palette Asian Mustard Bromus diandrus Ripgut Brome Red Brome - Bromus rubens Bromus tectorum Cheatgrass Cardaria chalopensis Lenspod Whitetop Cardaria drabs Hoary Cress, Perennial Peppergrass Cardaria droba Whitetop Corduus pycnocepholus Italian Plumeless Thistle Corpobrotus edulis Hottentot Fig Centaurea calcitrapo Purple Starthistle Centaurea mosculoso Spotted Knapweed Centaurea melitensis Maltese Star -Thistle Centaurea solstitialis Yellow Star -Thistle Cirsium arvense Canada Thistle Cirsium vulgare Wild Artichoke, Bull Thistle Conkosia pugioniformis Narrow -Leaved Iceplant Conium maculatum Poison Hemlock Congo canodensis Cortaderia 'ubata Horseweed Purple Pampas Grass Cortoderia selloona Pampas Grass Cotoneaster lacteus Milkflower Cotoneaster Cotoneaster pannosus Silverleaf Cotoneaster Crataegus mono yna Oneseed Hawthorn Crupina vulgoris Common Crupina Cynaro cardunculus Artichoke Thistle Cytisus scoparius Scotchbroom Cytisus striatus Striated Broom Capeivy Delairea odorato Egeria denso Brazilian Waterweed Ehrharta calycina Perennial Veldtgrass Ehrharto erects Panic Veldtgrass Eichhornia crossipes Common Water Hyacinth Elaeagnus angustifolia Russian Olive Cutleaf Burnweed Erechtites glomerato Erechtites minima Coastal Burnweed Common Buckwheat Eriogonum fasckulatum Eucalyptus globulus Tasmanian Bluegum Euphorbia esula Leafy Spurge Festuca orundinacea Tall Fescue Ficus corica Edible Fig Foenkulum vulgare Sweet Fennel Genisto monspessulano French Broom Hologeton giomeratus Saltlover April 2018 6-23 WINDWARD 6. Appendices Residential Landscape Plant Palette Botanical Hedera helix I English Ivy _ Helichrysum petiolore Strawflower Heterotheca grandiflora Telegraph Plant Holcus lonotus Common Velvetgrass Hydrillo verticillato Hydrilla Hypericum perforatum St. John's Wort Ilex a ui olium English Holly Iris pseudocorus Paleyellow Iris Lactuco serriola Prickly Lettuce Lepidium latifolium Broadleaved Pepperweed Leuconthemum vulgore Oxeye Daisy Lolium perenne Perennial Ryegrass Lupinus orboreus Yellow Bush Lupine Lythrum solicaria Purple Loosestrife Mentha pulegium Pennyroyal Mesembryanthemum crystallinum Common Iceplant Myoporum laetum N aio Tree Myriophyllum aquoticum Myriophyllum spicatum Parrot Feather Watermilfoil Eurasian Watermilfoil Nicotiana bigelevil Indian Tobacco Nicotiana glauco Tree Tobacco Oleo europoeo Olive Ononis olopecuroides Foxtail Restharrow Pennisetum setoceum Crimson Fountaingrass Phaloris aquotica Bulbous Canarygrass Potomogeton crispus Curly Pondweed Retama monosperma _ Ricinus communis Bridal Broom Castor Bean Plant Robinio pseudoococia Black Locust Rubus discolor Himalayan Blackberry Socsola oustoils Russian Thistle/Tumbleweed Salvia mellifero Black Sage Solvinia molesto Sopium sebiferum _ Giant Salvinia Chinese Tallow Tree Soponoria officinalis Schinus molle Bouncin bet Peruvian Peppertree Schinus terebinthifolius- Schismus orobicus _ Brazilian Peppertree Arabian Schismus Schismus borbatus Common Mediterranean Grass Senecio jocoboeo Tansy Ragwort Sesbania punicea Rattlebox Silybum marionum Milk Thistle Sportino alternifloro Smooth Cord rass April 2018 6-24 WINDWARD 6. Appendices Residential Landscape Plant Palette Botanical Spartlno an lico Common Cordgrass Spartino densiflora Spartina pMens _ Denseflower Cordgrass Saltmeadow Cordgrass Spartium junceum Spanish Broom Toeniatherum coput-medusae Medusahead Tomarix chinensis Fivestamen Tamarisk Tomarix gallico French Tamarisk Tomarix porvifloro Smallflower Tamarisk Tamarix romosissima Saltcedar Ulex europaeus _ Common Gorse Urtico urens Burning Nettle Verbascum thopsus Common Mullein Vinco major Bigleaf Periwinkle PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES - ORNAMENTAL Corroders sp Pampas Grass Cupressus sp Cypress Eucalyptus sp Eucalyptus luniperus sp I Juniper Pinus sp Pine PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES - PALMS Brahea armoto Brahea brandegeei 1 Mexican Blue Palm San Jose Hesper Palm Guadalupe Palm Brahea edulis Butia copitato Pindo Palm Caryota cummingii Himalayan Fish Tail Palm Coryoto urens Himalayan Fish Tail Palm Bamboo Palm Chamaedorea eerumpens Chamaedorea humilis Cycas revoluto Mediterranean Fan Palm Sago Palm Trochycorpusfortunei --windmill Washin tonic fllifero _ Palm California Fan Palm Mexican Fan Palm Washingtonia robusta April 2018 6-25 WINDWARD 6. Appendices 6.3 Infrastructure 6.3.1 Circulation Vehicular access to the Windward Community is from two access drives along Bolsa Chica Street (see Exhibit 6-9, Circulation Plan). The southern access is located across from existing Sandover Drive. The northern access is right in/right out only due to the existing median in Bolsa Chica Street. A private street system provides access to each of the housing units. Roadways within the Windward Community shall be a minimum 24-feet in width (see Exhibit 6-10, Street Sections). Vehicular turnarounds are provided at the north and south ends of the private streets. The parkway on the east side of Bolsa Chica Street will be improved with a pedestrian sidewalk which will allow access from Los Patos Avenue to the southern boundary of the Windward Specific Plan Area. 6.3.2 Grading Plan The Grading Plan for the Windward Residential Parcel is illustrated on Exhibit 6- 11, Grading Plan, which shows spot elevations for roads and finish floor elevations. The entire grading operation will be completed in one phase. Exhibit 6-12, Cut and Fill Plan, identifies the proposed Cut and Fill for the grading operations. April 2018 6-26 i Los Paters Turn -Around Avenue I - -- i T\ � 28' 37 Guest N Parking Spaces D � co Sandover co I N Drive � D Turn -Around LEGEND Residential Circulation & Parking A Section Line _J (See Figure 2-12 Street Sections) Exhibit 6-9 Windward Specific Plan Circulation Plan City of Huntington Beach MI► I I I I R F - IA L 1 ti o O U SourceStantec Exhibit 6-11 Windward Specific Plan Grading Plan r� City of Huntington Beach NOT TO I E tn J s 1. SW ASPAWMN USED FOR 9 MKAOE AS USED FOR T►[ Ph"AM PROACT EANINM A KYM PEMORM M SE 4DMR 2013 2. BASED ON CMiMC MFO DAIEO FESMARV M. 3. PROPOSED SURFACE BASED ON CONCOnUµ ORApNC KM OAIED JUtE 15, 2016 Source: Stanttc Exhibit 6-12 Windward Specific Plan Cut and Fill Plan F City of Huntington Beach NORTH NO TO! E WINDWARD 6. Appendices 6.3.3 Drainage Plan The Drainage Plan for the Windward Residential Parcel is illustrated on Exhibit 6- 13, Storm Drain, Water, and Wastewater Plan. It shows a proposed storm drain line located within the Windward Residential Parcel private roadway system which will connect to an existing storm drain within Bolsa Chica Street. Two catch basins will be constructed to capture storm runoff within the development and prevent it from discharging into the adjacent open space areas. Once it is collected on -site, the drainage from the Windward Residential Parcel will be conveyed to an existing storm drain in Bolsa Chica Street that is part of the drainage system for the neighboring Brightwater community. The Windward Community will utilize Brightwater's Coastal Commission -approved (CDP 5-05- 20) storm drain system which uses a state of the art filtration system (STORMFILTER) to treat runoff before it is discharged into the Bolsa Chica lowlands. The system uses storm drain pipes to convey runoff to an underground concrete structure where it flows through a number of media filter cartridges that remove pollutants from the water before discharging it. The entire drainage area for the Windward Residential Parcel was included in the design of the Brightwater storm drain system so there is sufficient capacity in the system to accommodate flows from the Windward Residential Parcel. The Best Management Practices (BMPs) included in the Brightwater Water Quality Management Plan were also designed to treat runoff from the Windward Property. An amendment to the Brightwater Water Quality Management Plan (WQMP) to incorporate the Windward Residential Parcel development will be submitted to the City. 6.3.4 Domestic Water Plan The Water Plan for the Windward Community is depicted on Exhibit 6-13, Storm Drain, Water, and Wastewater Plan. It indicates both the backbone water and fire lines and backflow devices that will be constructed as part of the residential development. The proposed Windward Community water system will connect to an existing 8-inch City water main along Bolsa Chica Street. The on -site water pipelines will be installed to provide the flows required for residential development and occupancy. The Windward Community will have one master domestic water meter. The domestic water line will be public up to the master water meter located within the Bolsa Chica Street right-of-way and will be private beyond the water meter. A backflow device will be set back from the property line based on City requirements and screened from view. April 2018 6-31 WINDWfkRD 6. Appendices A separate fire service will be provided for private fire hydrants as the Huntington Beach Fire Department does not allow fire hydrant connections to private domestic water lines. The fire line will have a separate backflow preventer. The fire line will be public up to the backflow preventer located within the Bolsa Chica Street right-of-way and private beyond. The onsite fire hydrants will be private. The backflow preventer will be set back from the property line based on City requirements and screened from view. The public domestic water and fire water improvements will be constructed to meet City Water Division Standards and Fire Department's codes, standards, and specifications. The landscape area along the east side of Bolsa Chica Street is currently being maintained by the Brightwater Maintenance Corporation as per License Agreement executed with the City by Signal Landmark. The improvements covered by this agreement include landscaping (irrigation systems and plant material) as well as the entry monumentation. If the Acquisition Alternative occurs, Brightwater Maintenance Corporation will continue to maintain the landscape area along the east side of Bolsa Chica. If Alternative 2 occurs (i.e., development of the Windward Residential Parcel), the HOA formed for the Windward Community will be responsible for the maintenance of this landscape area and the License Agreement with the City will be amended accordingly. 6.3.5 Wastewater Plan The Wastewater Plan for the Windward Community is depicted Exhibit 6-13, Storm Drain, Water, and Wastewater Plan. It indicates the backbone sewer lines that will be constructed as part of the residential development. These lines will connect to existing sewer lines within Bolsa Chica Street, which have been sized to service this project. 6.3.6 Utilities and Services It is anticipated that utility services for the Windward Community initially will be provided by Southern California Edison (SCE), Southern California Gas Company (SCG), Verizon (for telephone), and Time -Warner Cable (for television/computer cable modem) or their respective successor company, if ownership of their assets and/or management should resources change hands. Electrical, gas, telephone, and Cable TV facilities are all located in utility easements adjacent to Los Patos Avenue and the Sandover project. Trash service initially will be provided by Republic Services. April 2018 h_32 Los Patos Avenue Public Water Line to Meter --I � "M-1 Sandover� I Drive Public Fire Water Li to ROW ' I (I ■j Proposed iFire Hydrant i . (Private) I I I I I I I I I Proposed Fire Hydrant i (Private) I I Source: Stantec LEGEND Existing Storm Drain Line Existing Water Line Existing Sewer Line Proposed Fire Water +� Line (Private) Proposed Storm Drain Line 1� Fp Catch Basin Proposed Water Line (Pnvate) �� Proposed Water Line (Public) Proposed Sewer Line Proposed Sewer Manhole do Proposed Fire Water 610 Line (Public) p Proposed Fire Water Backflow Device O7 Proposed Domestic Water Backflow Device Exhibit 6-1 3 Windward Specific Plan Storm Drain, Water and Wastewater Plan City of Huntington Beach NI I I ,If,I Fi7R WINDWARD :" 6. Appendices 6.4 Adopted Mitigation Measures (TO BE PROVIDED UPON ADOPTION BY THE CITY OF HUNTINGTON BEACH) April 2018 6-34 Res. No. 201 7-19 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on May 21, 2018 by the following vote -- AYES: O'Connell, Posey, Delgleize, Brenden NOES: Hardy ABSENT: Semeta, Peterson RECUSE: None 4�w, e&�d City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO.2017-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 16-002 TO AMEND THE LOCAL COASTAL PROGRAM LAND USE PLAN AND IMPLEMENTING ORDINANCES TO AMEND ZONE 2 — LAND USE PLAN AND ACCOMPANYING TEXT OF THE CITY'S COASTAL ELEMENT FOR THE REAL PROPERTY GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF BOLSA CHICA STREET AND LOS PATOS AVENUE AND TO REFLECT ZONING TEXT AMENDMENT NO. 16-004 AND ZONING MAP AMENDMENT NO. 16-003 AND REQUESTING CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, after notice duly given pursuant to Government Code Section 65090 and Public Resources Code Section 30503 and 30510, the Planning Commission of the City of Huntington Beach held public hearings to consider the adoption of the Huntington Beach Local Coastal Program Amendment No. 16-002; and Such amendment was recommended to the City Council for adoption; and The City Council, after giving notice as prescribed by law, held at 'east one public hearing on the proposed Huntington Beach Local Coastal Program Amendment. No. 16-002, and the City Council finds that the proposed amendment is consistent with the Huritington Beach General Plan, the Certified Huntington Beach Local Coastal Program (including the Land Use Plan), and Chapter 6 of the California Coastal Act; and The Cit<j Council of the City of Huntington Beach intends to implement the Local Coastal Program in a manner fitlly consistent w'.th the California Coastal Act, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach does hereby resolve as follovis: SECTION 1: That the real property that is the subject of this Resolution is generally located southeast of the intersection of bo'.sa Chica Street and Los Patos Avenue and consists of approximately 2.5 acres within the City of Huntington Beach (Exhibit A). SECTION 2: That the Local Coastal Program (Coastal Element) for the Subject Property is hereby changed to reflect a change in the land use designation for the subject property from Open Space — Parks (OS—P) to Resider:tiai Medium Density —15 dwelling units per acre (RM-15) 18-6417/ 178215/M V RESOLUTION NO. 2017-18 for the eastern half of the subject site (Exhibit B) and to reflect text and figure amendments, including designating the area as Sub -Area 4M (Exhibit C). SECTION 3: That the Huntington Beach Local Coastal Program Amendment No. 16-002 also consists of Zoning Text Amendment No. 16-004 and Zoning Map Amendment No. 16-003, a copy of which is attached hereto as Exhibits D & E, and incorporated by this reference as though fully set forth herein. SECTION 4: That the California Coastal Commission is hereby requested to consider, approve and certify Huntington Beach Local Coastal Program Amendment No. 16-002. SECTION 5: That pursuant to Section 13551(b) of the Coastal Commission Regulations, Huntington Beach Local Coastal Program Amendment No. 16-002 will take effect automatically upon Coastal Commission approval, as provided in Public Resources Code Sections 30512, 30513 and 30519. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting hereof held on the 21st ATTEST:/OP,4m J Q , _7i4 h, W&ztU)_ City Clerk REVIE ED AND APPROVED: 7ZO-v, - awg d City Manager ATTACHMENTS: day of May 2018. b Mayor APPROVED AS ORM: IC-iij Attorney hw C INITIATED AND APPROVED: Direcr rr of (c nmunity Development Exhibit A: Location Map Exhibit B: Amended Land Use Plan (Extract of Figure C-6 of the Coastal Element) Exhibit C: Amended Local Coastal Program Text and Figures (in addition to Exhibit B) Exhibit D: Zoning Text Amendment No. 16-004 Exhibit E: Zoning Map Amendment No. 16-003 18-6417/1782 15/M V 2 Exhibit A — Location Map I U) Huntington Harbour --7 M 0 m Warner Ave. Project Site 5 acres ____ __ - ----- _--- Los Patos Ave. i Brightwater \Lra e\ Development F�°°a° GIZA _ -- — \ -- Co County of Orange �\ �\` N Exhibit B Amended Land Use Plan (Extract of Figure C-6 of Coastal Element) M H-25 RMH-2 Residential , Medium fth , R L_ Density R s' ential Low Density co 127os-P % atos ve. ff ... Subject Site R L-7 ' RM-1 ReskWntlal ppen Medium a� 1 Density t Dr \\\ OS V J Suburban Open Space - Residential Conservation Brightwater Dr. / County of R L Orange - Recently Annexed Area ; .N Land Use Not Certified --- Legend RL-7: Residential Low Density — 7 du/acre RM-15: Residential Medium Density — 15 du/acre RMH -25: Residential Medium High Density — 25 du/acre OS-P: Open Space — Parks OS-C: Open Space — Conservation ""' Coastal Zone Boundary Exhibit C Amended Local Coastal Program Text and Figures (in addition to Exhibit B) r—► M U U ct 0 Los Patos Ave. Brightwater Dr. WINDWARD LAND USE PLAN RM-15 CITY OF HUNTINGTON BEACH COASTAL ELEMENT LEGEND RESIDENTIAL F7RM-15 Residential Medium Density OPEN SPACE ® OS-P Open Space -Parks "'C-6b COASTAL ELEMENT COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued) Subarea Characteristic Standards and Principles 4K Design and Development 5) within the southern grove ESHA buffer only — a water quality Natural Treatment System may be allowed so long as it is located in an area that is most protective of coastal resources and at least 246 feet from the ESHA. 6) In addition to the required ESHA buffer described above, grading shall be prohibited within 500 feet of an occupied raptor nest during the breeding season (considered to be from February 15 through August 31); C. Habitat Management Plan shall be prepared for all areas designated Open Space -Conservation which shall include restoration and enhancement of delineated wetlands, wetland and habitat mitigation, and establishment of appropriate buffers from development. D. Protective Fencing: Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas. 4L Sunset Beach Permitted Uses Category: Residential High Density ("RH") Commercial Visitor ("CV") Shoreline ("OS-S"), Water Recreation ("OS-WR") and Public ("P") uses ursuant to the Sunset Beach Specific Plan SP l? Densit /Intensit Pursuant to the Sunset Beach Specific Plan SP 17 Design and Development Category: Specific Plan "-s and Mixed Use "-mu" • Requires the conformance with a specific or master plan. Y Mixed Use Overlay for the CV area for the allowance of residential uses pursuant to the Specific Plan 4M Windward Permitted Uses Categorv: Residential (RM) and Open Space — Park (OS-P) and Open Space —Conservation uses pursuant to the Windward Specific Plan (SP 16) (continue on next page) Density/Intensity 15 du/acre maximum Design and Development The property is subject to the Windward Specific Plan and consists of approximately five acres located southeast of the intersection of Bolsa Chica and Los Patos. Figure C-6b identifies a portion of the Windward Property as the "Windward Residential Parcel" and the remainder as the "Windward Open Space Parcel." The Windward Property is adjacent to a parcel of land located within the County of Orange and not subject to relzulation by the City which is commonly known as the "Goodell Property " The purpose of the Windward Specific Plan is to provide a comprehensive planning program to direct the development of the residential and through Preservation, open space areas within the Windward Property THE CITY OF HUNfINGTON BEACH GENERAL PLAN IV-C-3 COASTA COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued) Subarea Characteristic Standards and Principles 4M Design and Development The Specific Plan provides contingencies that, even after the LCPA for the Windward Property has (i) been certified. (ii) become effective and (iii) become final, the LCPA's residential land use designation for the NN indward Residential Parcel shall not become operative unless and until both the Windward Open Space Parcel and the Goodell Parcel have been deed restricted to open space and resource conservation uses and either conveyed or offered for conveyance to a public agency or a non-profit organization :rrrrtrt,rb►r to tam _ ilk t. imif9h4Uff approved b% the Cit.. The prerequisites, terms, and conditions relevant to these actions are set forth in the Specific Plan and Development Agreement. In the event the Windward Specific Plan does not become operative as described in that document, the uses permitted in subsection 4-L shall be limited to O en S -Parks and/or Open S ace -Conservation uses. 8 Commercial Nodes Area wide Functional Role Maintain and establish commercial centers to sere Surrounding residential neighborhoods and the greater community. 8A Community Commercial Permitted l ses Category: Commercial General ("CO") • Commercial uses permitted by the " CG- land use category. Density/Intensity Category: • Height: two (2) stories Design and Development Design to achieve a high level of quality in conformance %%ith Policy Ll 10.1.4. and Policy LU 10.1.12 8B `eighbor- hood ( ommercial Permitted l ses Category: Commercial Neighborhood Commercial uses permitted by the "CN" land use category. Density/Intensity Category: • Height: two (2) stories Design and Development Design to achieve a high level ofqualit� in conformance Hith Policy LU 10.1. 10 SUPPLEMENTAL THE CITY OF HUNT'INGTON BEACH GLNLRAI. PLAN KMCATION I V-C-4 MOWN Date: -T/O-A V/,�? Agands brn No.: as Exhibit D Zoning Text Amendment No. 16-004 tin All 7r4k i-,v. SP 16 WINDWARD SPECIFIC PLAN City of Huntington Beac Adopted by City Council on ------ (CC Resolution #__) Certified by California Coastal Commission on SUBMITTED To: CITY OF HUNTINCTON BEACH Planning Department 2000 Main Street Huntington Beach, CA 92648 PREPARED BY: FORMA Coastal Planning and Documentation 3050 Pullman Street • Costa Mesa, CA 92626 April 2018 WINDWARD ` Table of Contents 1 INTRODUCTION 1.1 Location and Existing Conditions................................................................................ 1-1 1.2 Project Area Background............................................................................................ 1-1 1.3 Summary of Land Use Plan and Zoning Designations ................................................. 1-7 1.4 Authority and Scope for Specific Plan....................................................................... 1-10 1.5 Purpose and Intent.................................................................................................... 1-10 1.6 Objectives of the Windward Specific Plan................................................................ 1-11 1.7 General Plan Consistency.......................................................................................... 1-11 2 DEVELOPMENT PLAN 2.1 Land Use Plan.............................................................................................................. 2-1 2.2 Residential Development............................................................................................ 2-1 3 DEVELOPMENT STANDARDS 3.1 Purpose and Intent...................................................................................................... 3-1 3.2 Applicability.................................................................................................................3-1 3.3 Windward Residential Parcel Development Standards .............................................. 3-1 3.4 General Regulations: Windward Residential Parcel .................................................. 3-5 3.5 Windward Open Space Development Standards....................................................... 3-7 3.6 City Property Open Space Improvements................................................................... 3-8 3.7 Compliance with Mitigation Measures....................................................................... 3-9 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4.1 Windward Open Space and Resource Conservation Uses .......................................... 4-1 4.2 Open Space and Resource Conservation Concept Plan for the Windward Open Space Parcel and the City Property................................................................... 4-3 5 ADMINISTRATION AND IMPLEMENTATION 5.1 Summary..................................................................................................................... 5-1 5.2 Key Definitions............................................................................................................ 5-1 5.3 Required Approvals..................................................................................................... 5-2 5.4 Conditions Precedent to Required Approvals Becoming "Operative" ....................... 5-3 5.5 Development Agreement No. 16-001......................................................................... 5-5 5.6 Enforcement of the Specific Plan/LCPA...................................................................... 5-5 5.7 Methods and Procedures............................................................................................ 5-5 5.8 Maintenance Mechanisms.......................................................................................... 5-6 6 APPENDICES 6.1 Architectural Character............................................................................................... 6-1 6.2 Residential Landscape Design Concept....................................................................... 6-3 6.3 Infrastructure............................................................................................................ 6-26 6.4 Adopted Mitigation Measures.................................................................................. 6-34 April 2018 Table of Contents - Page 1 WINDWARD_ List of Exhibits 1 INTRODUCTION 1-1 Vicinity Map..................................................................................................................... 1-2 1-2 Aerial Photograph............................................................................................................ 1-3 1-3 Existing and Proposed Land Use Plan Designations........................................................ 1-8 1-4 Existing and Proposed Zoning Map Designations............................................................ 1-9 2 DEVELOPMENT PLAN 2-1 Land Use Plan................................................................................................................... 2-2 2-2 Illustrative Site Plan......................................................................................................... 2-3 3 DEVELOPMENT STANDARDS 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4-1 Open Space and Resource Conservation Plan................................................................. 4-6 S ADMINISTRATION AND IMPLEMENTATION 6 APPENDICES 6-1 Architectural Style............................................................................................................ 6-2 6-2 Residential Landscape Plan.............................................................................................. 6-5 6-3 Community Signage......................................................................................................... 6-6 6-4 Community Recreation Area Plan.................................................................................... 6-7 6-5 Wall and Fence Plan......................................................................................................... 6-8 6-6 Wall and Fence Elevations............................................................................................... 6-9 6-7 Trails Plan and Section................................................................................................... 6-10 6-8 Public Access Signage Plan............................................................................................. 6-11 6-9 Circulation Plan.............................................................................................................. 6-27 6-10 Street Sections............................................................................................................... 6-28 6-11 Grading Plan................................................................................................................... 6-29 6-12 Cut and Fill Plan.............................................................................................................. 6-30 6-13 Storm Drain, Water, and Wastewater Plan................................................................... 6-33 List of Tables 2 DEVELOPMENT PLAN 2-1 Land Use Summary Table........................................................................................... 2-1 4 OPEN SPACE/PASSIVE PARK PLAN 4-1 Conceptual Open Space Native Plant Palette............................................................ 4-2 6 APPENDICES 6-1 Residential Landscape Plant Palette........................................................................ 6-12 April 2018 Table of Contents - Page 2 1N1NDWAR D l . Introduction 1 INTRODUCTION 1.1 Location and Existing Conditions The Windward Specific Plan area (Specific Plan Area) is located at the southeast corner of Bolsa Chica Street and Los Patos Avenue in the City of Huntington Beach (City) on what is commonly referred to as the Bolsa Chica Mesa (Exhibit 1-1, Vicinity Map). The Specific Plan Area encompasses approximately 5.3 acres of undeveloped land, of which, at the time of adoption of the Windward Specific Plan, approximately five acres (Windward Property) are privately owned by Signal Landmark (Signal) and 0.3-acres are owned by the City (City Property). The Specific Plan Area is square in shape, with the western half relatively flat (elevation 47 to 51 feet), while the center portion of the eastern half gently slopes down to the east to an elevation of approximately 36 feet. Historically, the Specific Plan Area was used almost exclusively for agricultural purposes, but from 2006 to 2011 the southwest corner of the Specific Plan Area was used as a storage and staging area for construction of the neighboring Brightwater Community. The Specific Plan Area is covered by non-native vegetation (Exhibit 1-2, Aerial Photograph). The Windward Property is currently fenced and has not been used since 2011 when the construction trailers and all but one of the storage containers were removed. The City Property is currently used as an informal trail by the public to access the Parkside property to the east of the Specific Plan Area. Directly west of the site across Bolsa Chica Street is the Sandover neighborhood which is comprised of single family detached homes on 6,000 square foot lots. On the north are apartment and condominium complexes. To the east lies an open space/conservation area that is part of the Parkside project. On the south is an undeveloped 6.2-acre property located in unincorporated Orange County and owned by the Goodell Family Trust (Goodell Property). 1.2 Project Area Background 1.2.1 Zoning History The Windward Property has been owned by Signal or its predecessor company, Signal Oil, since the 1920s and is the last remnant of Signal's once vast landholdings at Bolsa Chica. Originally in an unincorporated area of Orange County, the Windward Property was annexed into the City in 1970 as part of a ten -acre parcel that now contains the Sandover neighborhood. At the time it was annexed, both the General Plan and Zoning Map land use designations were for low density residential uses. April 2018 1-1 •' w i Goaapr R xlnwooe DI $i j i PrMwcnarr D, i•• svano.^,� rm,aM RPyal'arDr .. leylom r`r i dorm,... Dorn.C- _ r...40 0, rM e Choy, G „.v. • 3 116-4n, ; "^.P.Pa. ra..cK 0 0; m n«eD, Dr rPnletitan. krr. e,rl s nr an.a I01M1 w,roda D l,p«ml,a Or Uanu Of YemeP.l«m p, a 3 r, Scorn JnP Dr VMlu,i� a a Y � al.reml rl ia�a+. i r«snNl Or p` GYrm+te Dr YiYYya �1((1• S V+y� shoo 61 �Wbe: C4rnm W Dataa s ft" _ twx or (inaM W.- bOln i sat Draua a..� VA.— D..Dt s � • tN�4 Q r � - � ' a w � x = k.h.+rt.nr fly'lt� 14 J a - m � Dua,ear D, nrma D, PROJECT b�`` - All.. lnrhl W arm, D, — t SITE r.,. `l.rka ��,akanm Dr y�rr, DmN Y O. Slal« ..• u Pr•u d �tl,lmt Or kaln m« Dr t[ z •fi s ♦ry C� Pas.a D, K-1 r•, Malnanrlr D, 8A', w n, F •' of Yfa`0o^. 4 Oa Windward Specific Plan City of Huntington Beach SourcesEsn, HERE, DeLorme. USGS, Intermap, increment P Corp. NRCAN, Esn Japan, METI, Esn China (Hong Kong). Esn (Thailand) Mapmylndia,'_ OpenStreetMap contributors, and the GIS User Community Exhibit 1-1 Vicinity Map � I I I I �tih NORTH WINDWARD 1. Introduction After the Coastal Act was enacted in 1976, the City submitted a proposed Land Use Plan to the Coastal Commission for certification. At the time, a large scale development that included approximately 5,700 homes and a marina was being considered by the County for the unincorporated area at Bolsa Chica. In anticipation of the intense development, the City re -designated an area east of the terminus of Bolsa Chica Street that included the Windward Property to Open Space Recreation (subsequently changed to Open Space -Park) on the City's Land Use Plan, which was certified by the Coastal Commission in 1982. In 1984, the City re -zoned the property to Residential Agricultural (RA) to reflect the agricultural uses that adjoined this site at the time and determined that the RA zoning was consistent with the Open Space -Park land use designation. The massive housing and marina development once proposed for Bolsa Chica never occurred. Instead, much of the Bolsa Chica property was set aside as open space, including a large restored wetland area in the lowland, and a mix of open space and residential uses on the Bolsa Chica Mesa. In 1999, the City approved the development of sixteen homes on the five -acre site at the southwest corner of Los Patos and Bolsa Chica Street, known as the "Sandover" project. At that time, Signal dedicated to the City the City Property, a 13,350 square foot strip of land at the southeast corner Bolsa Chica Street and Los Patos Avenue, for open space -park uses. The City Property is currently undeveloped and used informally by the public to access the Parkside property. In 2005, the County and the Coastal Commission approved a 349 single family home development on 68 acres of the Bolsa Chica Mesa known as Brightwater, adjacent to Sandover. 1.2.2 The Ridge Project In 2008, Signal proposed a General Plan Amendment (GPA), Zone Change (ZC) and Local Coastal Program Amendment (LCPA) to permit the construction of 22 single family homes on the Windward Property and a trail on the City Property. The project, then known as The Ridge, was approved by the City in 2010. In approving the entitlements for the project, the City indicated that the change in land use from Open Space/Park to Low Density Residential was appropriate because it had no plans to acquire the Windward Property for public recreation purposes. The Ridge project entitlements included a General Plan Amendment, Local Coastal Program Amendment, a zone change from RA to Low Density Residential, and a subdivision map. To comply with CEQA, the City adopted a Mitigated Negative Declaration (MND). Because the Windward Property lies within the Coastal Zone, the California Coastal Commission (CCC) must approve any amendments to the City's Local Coastal Program (LCP). Therefore, the City submitted the LCP Amendment to the Coastal Commission for approval. April 2018 1-4 WINDWARD 1. Introduction In August 2010, the Bolsa Chica Land Trust filed litigation challenging the City's approval of the MND, claiming that the City should have prepared an Environmental Impact Report (EIR), rather than approving a MND. The CEQA litigation was stayed pending the outcome of the Coastal Commission's decision on the project. In June 2014, the City withdrew the LCP Amendment from consideration by the CCC. In an effort to resolve the pending CEQA litigation, Signal, the City, and the Bolsa Chica Land Trust agreed to enter into facilitated settlement discussions. In April 2016, after nearly fifteen months of discussions, the three parties successfully negotiated a settlement agreement. In addition to resolving the litigation, the Settlement would bring closure to the decades -long controversy regarding development of Bolsa Chica by providing a viable path to resolving the land use of the last undeveloped, privately -owned land at Bolsa Chica. In addition to the Windward Property, the Settlement also addresses the potential deed restriction of the Goodell Property to open space and resource conservation uses. At the time of approval of the Windward Specific Plan, Signal holds an option to acquire the Goodell Property (Goodell Option). The Goodell Property is currently an unincorporated island and is zoned for medium low density residential (6.5 — 12.5 du/ac) by the County. In 2009, in anticipation of annexing the Goodell Property, the City pre -zoned 3.2 acres of the Goodell Property adjacent to Bolsa Chica Street for low density residential, 2.0 acres as Open -Space Park, and one acre as Coastal Conservation. These designations were not certified by the California Coastal Commission, The Goodell Property is not part of the Windward Specific Plan Area because it is in the County and not subject to the City's jurisdiction. The Windward Specific Plan is not intended to and does not regulate the use of the Goodell Property. Nonetheless, as an integral part of the Settlement, the Goodell Property is shown, for reference purposes only, within the Windward Specific Plan to illustrate how the approximately 2.5-acre easterly portion of the Windward Property (Windward Open Space Parcel) and the Goodell Property could function together as part of an 8.7-acre open space and resource conservation area under one of the two alternatives, but parallel, approaches to the future use of the Windward Property contemplated by the Settlement. Any conveyance of and use restrictions imposed on the Goodell Property as described in the Windward Specific Plan are voluntary on the part of the owner of the Windward Property (Windward Owner) and not the result of regulations imposed on the Goodell Property by either the City or, if the Windward Specific Plan is incorporated into the City's certified Local Coastal Program, the Coastal Commission. April 2018 1-5 "I1NDWAP, 1. Introduction 1.2.3 The Settlement's Two Alternative Approach Acquisition Alternative —The Settlement provides an opportunity to preserve both the Windward Property and the Goodell Property for open space and conservation uses (Acquisition Alternative). Pursuant to the Settlement, Signal independently entered into an option agreement with the Trust for Public Land (TPL) for the purchase by TPL of the Windward and Goodell Properties (TPL Option). Founded in 1972, TPL is a nationwide non-profit organization that acquires land from private owners and conveys it into public or non- governmental organization ownership for conservation or public park purposes. Since its inception, TPL has protected 3.3 million acres of land in over 5,400 separate acquisitions. The TPL Option grants TPL an eighteen -month period in which to raise funds to purchase both the Windward and Goodell Properties. The TPL Option will expire in October 2017. The purchase price has been determined by an independent third party appraisal. Signal is cooperating with TPL in pursuit of the Acquisition Alternative. Development Alternative — Because it is unknown whether or not the Acquisition Alternative will be successful, the Settlement allows Signal to pursue — concurrently with TPL's pursuit of acquisition funds — entitlements for residential development on the approximately 2.5-acre westerly portion of the Windward Property adjacent to Bolsa Chica Street (Windward Residential Parcel), with the Windward Open Space Parcel and the Goodell Property being restricted and conveyed for open space and resource conservation uses only (Development Alternative). Consistent with the Settlement, the Windward Specific Plan will designate the Windward Residential Parcel for medium density residential use, with the implementation of that use subject to the implementation measures set forth in Chapter 5 of the Windward Specific Plan (Implementation Measures). The Windward Open Space Parcel (i.e., the remaining easterly 2.5 acres of the Windward Property) will retain the current Open Space/Park land use designation. Taken together, the Implementation Measures shall ensure that before grading permits may be issued for the Windward Residential Parcel, the following actions must occur: • Deed restrictions limiting the Windward Open Space Parcel and the Goodell Property to open space and resource conservation uses must be executed and recorded. • An offer to dedicate the Windward Open Space Parcel to a public agency or a conveyance of the Windward Open Space Parcel to a qualified nonprofit such as the Bolsa Chica Land Trust (BCLT) or another accredited land trust must be April 2018 1-6 WINDWARD 1. Introduction executed and recorded. The offer or conveyance must restrict the Windward Open Space Parcel to open space and resource conservation uses. • An offer to dedicate the Goodell Property to a public agency or a conveyance of the Goodell Property to a qualified nonprofit such as the BCLT or another accredited land trust must be executed and recorded. The offer or conveyance must restrict the Goodell Property to open space and resource conservation uses. Since the Goodell Property is not in the City and is not subject to regulation by the City, the Goodell Property itself is not subject to the Windward Specific Plan and its Implementation Measures. Therefore, any conveyance and/or restriction of the Goodell Property must be voluntarily accomplished by the developer of the Windward Residential Parcel. Chapter 5 further addresses these actions. 1.3 Summary of Land Use Plan and Zoning Designations The current land use designation for the Windward Property in the City's Local Coastal Program, as well as the General Plan, is Open Space - Park (OS-P). The current zoning designation for the Windward Property, as well as the City Property, is Residential Agriculture (RA) with a Coastal Zone overlay (Exhibit 1-3, Existing and Proposed Land Use Plan Designations and Exhibit 1-4, Existing and Proposed Zoning Map Designations). The RA zoning allows agricultural uses, single family dwellings, nurseries and temporary uses such as storage yards. As shown on Exhibit 1-3, the Windward Specific Plan would change the land use designation for the Windward Residential Parcel in the LCP and General Plan to Residential Medium Density. The Windward Open Space Parcel and the City Parcel would retain the current OS-P land use designation. As shown on Exhibit 1-4, the zoning for the entire Specific Plan Area will be SP (Specific Plan) with the Windward Residential Parcel designated as RM (Residential — Medium) in the Windward Specific Plan and the Windward Open Space Parcel and the City Parcel designated as Coastal Conservation (CC) (see Exhibit 2-1, Land Use Plan). April 2018 1-7 0 W PM ct C.. 9 MAPS MO OSM a � r i 14 WINDWARD 1. Introduction 1.4 Authority and Scope for Windward Specific Plan The authority to prepare, adopt, and implement specific plans is granted to the City by the California Government Code (Title 7, Division 1 Chapter 3, Article 8, Sections 65450 through 65457). Specific plans are generally designed to: 1. Provide greater level of detail than a traditional zoning ordinance and to serve as a tool to tailor development policies and regulations to a particular site; 2. Provide more specific site development standards to create appropriate land use designations and design criteria that addresses project -specific issues; and 3. Provide decision makers with the opportunity to comprehensively review a land use plan in its entirety at the outset in order to consider land use compatibility, circulation, infrastructure and other issues related to development of a site. The Windward Specific Plan will be used by the City to implement the City's Local Coastal Program and General Plan for the Windward Property. The Windward Specific Plan contains all the applicable land use regulations and thus constitutes the zoning ordinance for the Windward Property. The development standards contained in the Windward Specific Plan will take precedence over all provisions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), unless otherwise noted. 1.5 Purpose and Intent The Windward Specific Plan provides the City with a comprehensive planning program to direct the development of the residential and open space areas contained within the Windward Property. The Windward Specific Plan provides a description of the land use, public facilities, circulation, infrastructure, development standards, and implementation measures to ensure the Windward Property is developed in a manner consistent with the City's vision for the site. It also allows the City to consider a comprehensive planning approach for the open space and conservation uses available in the future in conjunction with the City Property and the neighboring Goodell Property. The regulations contained in the Windward Specific Plan will ensure that development of the Windward Property is designed in concert with the surrounding open space assets. Because the Windward Property lies within the Coastal Zone, special consideration is given to fulfilling the objectives of the California Coastal Act as expressed in policies promulgated in the City's Local Coastal Program. In the case of the Windward Property, public access and resource protection — including both biological and cultural resources — are the two most relevant Coastal Act issues to be addressed. The Windward Specific Plan, along with a corresponding General Plan Amendment, will become effective upon certification by the Coastal Commission as an amendment to the City's Local Coastal Program (LCPA). April 2018 WINDWARD 1. Introduction 1.6 Objectives of the Windward Specific Plan • Provide a comprehensive land use plan that designates the location and intensity of land uses along with roadway circulation and public facilities. • Implement the Ridge Litigation Settlement. • Ensure compatibility with surrounding land uses. • Provide housing opportunities in a location where housing is in high demand. • Provide access to Coastal property that is currently inaccessible to the public by dedicating a portion of the site to a government agency or qualified non-profit organization, and creating trails that allow the public to enjoy the open space and resource conservation areas. • Design a residential community that promotes resource protection and maximizes open space by clustering development close to existing development. • Provide a mechanism whereby the Windward Specific Plan facilitates a comprehensive examination of the surrounding properties and consideration of future open space connections and passive public open space and resource conservation opportunities. • Establish development standards that prevent degradation of coastal resources and provide designs for open space that improve the current ecological value of the property. 1.7 General Plan Consistency The Windward Specific Plan will implement the following goals of the Huntington Beach General Plan: • LU4: Achieve and maintain high quality architecture, landscape and open spaces in the City; • LUB: Achieve a pattern of land uses that preserves, enhances and establishes a distinct identity for the City's neighborhoods, corridors and centers; • LU9: Achieve the development of a range of housing units that provides for the diverse economic, physical and social needs of existing and future residents of Huntington Beach; and • ERCI: Improve and enhance the overall aesthetic value and appearance of the City of Huntington Beach through the provision and maintenance of local public and private open space. • Cl: Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs. April 2018 wINDWARn 1. Introduction • C2: Provide coastal resource access opportunities for the public where feasible and in accordance with the California Coastal Act requirements. • C4: Preserve and, where feasible, enhance and restore the aesthetic resources of the City's coastal zone, including natural areas, beaches, harbors, bluffs and significant public views. April 2018 1-12 WINDWARD 2. Development Plan 2 DEVELOPMENT PLAN 2.1 Land Use Plan The Windward Land Use Plan is illustrated on Exhibit 2-1, Land Use Plan, and contains approximately 5.3 acres. The Windward Property is composed of the Windward Residential Parcel and the Windward Open Space Parcel. The Windward Property overlooks some of the lowland areas of Bolsa Chica owned by the State of California to the south and the Parkside project open space area to the east. The site is across Bolsa Chica Street from the existing Sandover neighborhood atthe intersection of Los Patois and Bolsa Chica Street and adjacent to apartments on the north. The Windward Residential Parcel allows for 36 residential dwelling units clustered adjacent to existing residential development (see Exhibit 2-2, Illustrative Site Plan). The non-residential land uses designated for the Windward Open Space Parcel are intended primarily for passive open space and resource conservation uses which are described in Chapter 4, Open Space and Resource Conservation. Table 2-1 Land Use Summary Table A_ a Residential - Medium 2.5 36 14.4 du/ac Coastal Conservation 2.8 Not Applicable Not Applicable 2.2 Residential Development As identified in Table 2-1, the Windward Specific Plan contains a Residential —Medium land use category providing for a maximum of 36 residential dwelling units. In addition to the housing units, a private recreation area is provided at the northwest corner of the Windward Residential Parcel and may contain a swimming pool, gas grill, an outdoor fireplace, or similar amenities. Adjacent to the community recreation area, at the southeast comer of Bolsa Chica Street and Los Patos Avenue, is the existing landscaped entrance to the Brightwater and Sandover neighborhoods, which will retain its existing use. The residential landscape and architectural design concepts (including project entry, private recreation area, wall and fence design, open space trail, and plant palette) are provided in the Chapter 6, Appendices. Development Standards are set forth in Chapter 3. 1 Preciseacreages are2.50 acres of Residential —Medium and 2.76 acres of Coastal Conservation. Acres are rounded to 2.8 acres throughout the Windward Specific Plan. April 2018 — 2-1 JJi Los Patos Avenue Residential - Medium Coastal Conservation 2.5 AC. 2.8 AC. Sandover ro Drive U � ro - V1 m LEGEND Residential - Medium Coastal Conservation Exhibit 2- I Windward Specific Plan Land Use Plan I I City of Huntington Beach N- I .II,h Erd*g Edd g 2-" Sam Apertmert Condo dr ma • �• t�. . Wrdwerd Redderdal qp mm • - i Devebpment � e END Ck Owned W j �F, } • . • r i ! Windward PerkBide A Open Spew ... ptopeq 1 s • a • • ,,..., . .. ri ,- Exhibit 2-2 Windward Specific Plan Illustrative Site Plan ACity of Huntington Beach I I I I R I J t ( .._ r ;Y ` WINDWAkl) 6. Appendices 6.2 Residential Landscape Design Concept Community design concepts and details for the Windward Community are presented in this Specific Plan in order to establish a comprehensive theme that blends the landscape with the architecture. Residents and visitors will experience the Windward Community as an upscale design with select palm species, canopy trees and plantings that complement the Modern design of the architecture. Careful consideration is also given to providing a landscape plan for the residential area that is compatible with the adjacent environment (see Exhibit 6-2, Residential Landscape Plan). The elements included in this plan include: • Project Entry, • Recreation Area, • Wall and Fence Design, • Open Space Trails, and • Plant Palette. 6.2.1 Project Entry — Bolsa Chica Street The Windward Community primary entrance is located at the southern part of the community along Bolsa Chica Street. The entry design includes project signage, (see Exhibit 6-3, Community Signage), that is framed by a backdrop of evergreen plant materials. There is a secondary point of ingress/egress north of the primary entrance which will offer right in and right out access only. This secondary access will not include project signage. 6.2.2 Recreation Area The recreation area, shown on Exhibit 6-4, Community Recreation Area Plan, is located in the northern portion of the project will benefit from the existing landscape located on the Los Patos/Bolsa Chica corner providing both a sense of privacy and a large-scale, visual evergreen backdrop. Anticipated amenities for the Windward Community residents include a swimming pool with lap -lane, fireplace/gathering area and grilling station. 6.2.3 Wall and Fence Design The Community Wall and Fence Plan, Exhibit 6-5, describes locations and materials that are consistent with the adjacent communities while being unique to the Windward Community. Wall and Fence Elevations are depicted in Exhibit 6-6. Walls and fences, up to a maximum of 6 feet in height, are permitted in front setback areas. Pilasters shall be a maximum of 6 feet 6 inches in height. April 2018 6-3 WINDWfkRD -' 6. Appendices 6.2.4 Open Space Trail The Windward Community open space design includes an approximate 0.4-mile loop trail (Windward Loop Trail) which can be accessed from the primary or secondary entry depicted on Exhibit 6-7, Trails Plan and Section. The trail consists of a concrete sidewalk along Bolsa Chica street and a connecting, six foot (6') wide, decomposed granite trail that extends east through the City Property above the northern Windward Property boundary, south through the Windward Open Space Parcel and returns west back to Bolsa Chica Street. The Windward Loop Trail includes directional and interpretive signage as shown on Exhibit 6-8, Public Access Signage Plan, open space trail fencing and an overlook area with bench seating. In addition to the Windward Loop Trail, connections to other local trail systems are available, as shown on Exhibit 4-1, Open Space /and Resource Conservation Concept Plan. 6.2.5 Plant Palette The plant palette for the Windward Community has been separated into two distinct use areas, the Community Plant Palette and the Private Residential Plant Palette. The plant palette, described in Section 6.1, also includes prohibited plant species within the Windward Community. These use areas contain unique plant palettes, which will assure the implementation of the community theme. The plant palettes for the residential area are drawn from the Coastal Commission -approved plant palette for the Brightwater Community. Plant species that are considered invasive are prohibited from use by the homeowners. The plant palette for the open space area of the Windward Community can be found within Table 4-1, Conceptual Open Space Native Plant Palette. April 2018 6_4 lam WAndmwd f • 'rr, . j i Open Spm f � i LEGEND 10 Existing Landscape © Perimeter Walt 1 Fence - Refer to Exhibit 2-6 02 Tubular Metal Fence Q9 Common Area HOA Maintained Landscape ® Existing Monuments 1® Private Yard ® Existing Turf Parkway and Street Tres 1 t Community Recreation Area - Refer to Enlargement, E hbft 2S 05 Community Signage 1Q City Owned Property © Private Patio 13 Demmposed Granite Loop Trail 0 Privacy Wall or Fence - Refer to Exhibit 2-6 14 Entranced Vehicuiar Paving Windward Specific Plan Exhibit 6-2 Residential Landscape Plan City of Huntington Beach i� �W lip l � ■ LEGEND O Ong 1pa t� Chaise Lounges ® Gated Entry ® Fireplace with Hearth and Seating Area ® BBQ Station 6Q Piratic Tables 07 Pool EquQment Enclosure with Exterior Axess Gate 08 Restroom Building with Shower ( Pool Fence Enclosure 10 Pool with Single (8' x 38') swim Lane (0 Evergreen Screen Hedge Exhibit 6-4 Windward Specific Plan Community Recreation Area Plan ,s City of Huntington Beach 0 0x 2017 3 3K P w m if if A] Am if Al if 6 ] Z I T 3 IW D b3d wwvJM I �s I J r w. I a F, - WINDwARP Table 6-1 6. Appendices Residential Landsca Botanical MMUNITY—HOAMAINTAINED—TREES '. Arbutus unedo _ Archontophoenix cunnin homiano Plant Palette Strawberry Tree King Palm Brochychiton populneus Bottle Tree Cercis occidentalis Western Redbud Cinnamomum camphoro Camphor Tree Citrus species Citrus Cocos plumoso Queen Palm Eriobotrya deflexo Bronze Loquat Erythrino coralloides Coral Tree Fei'oo sellowiana Pineapple Guava Ficus florida Florida Fig Ficus nitida 'Green Gem' Ficus rubi inosa Indian Laurel Fig —Green Gem Rustyleaf Fig Ginkgo bilobo La erstroemia species Maidenhair Tree Crape Myrtle Magnolia grandiflora SPA Southern Magnolia Melaleuca nesophila Pink Melaleuca Melaleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Phoenix canariensis Canary Island Date Palm Phoenix doctyli ero Date Palm Pinus eldarico Eldarica Pine Plotanus rocemoso California Sycamore Podocarpus gracilior Fern Pine Prunus coroliniano Carolina Laurel Cherry Tristania conferto Brisbane Box Tupidanthus calyptratus Tu idanthus MMUNITY — HOA MAINTAINED — SHRUBS A apanthus africanus Lily -of -the -Nile Agave americans Century Plant _ Agave attenuate Fox Tail Agave _ Agave showii Shaw's Agave Aloe arborescens Tree Aloe Aloe vera Medicinal Aloe Buxus 'o nica Japanese Boxwood Camellia japonica Camellia Campanula poschorskyono Serbian Bellflower Corex spissa San Diego Sedge CaNssa macrocarpo 'Fancy' Natal Plum April 2018 6-12 WINDWARD 6. Appendices Residential Landscape Plant Palette Botanical Ceanothus gloriosus 'Point ReyesPoint Reyes Ceanothus Ceanothus griseu_s vor. 'Yankee Point' Yankee Point_ C_ea_n_othu_ s Kaffir Lily Vivid miniato Coprosmo kirkii Creeping Coprosma Coprosma purnfla Prostrate Coprosma Crossula orgenteo Jade Plant Cyathea cooper: Australian Tree Fern Dicksonia ontorctica Tasmanian Tree Fern Dietes ve eta Fortnight Lily Dodonaeo viscose Hopseed Bush Escallonia frodesh' Pink Escallonia Grevilleo 'Noe/liP Grevillea Hebe buxifolio Boxleaf Hebe Helictotrichon sempervirens Blue Oat Grass Hemerocallis hybrid 'Mountain Violet' Daylily_ Hemerocallis hybrids Evergreen Daylily Kniphofia uvaria Red Hot Poker Lantana sellowiano Lovondula pedunculato 'Atlas' Trailing Lantana Spanish Lavender Ligustrum japonicum _ Japanese Privet Li ustrum japonicum 7exonum' Waxleaf Privet Miscanthus sinensis 'Yokushimo' Eulalia Grass Miscanthus tronsmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergio lindheimer! Lindheimer's Muhly Grass Muhlenbergio r' ens Deer Grass Myoporum 'Pociflcum' NCN Myoporum porvilfolium NCN Nephrolepis exaltato Sword Fern Nolino bigelovii Bigelow's bear grass Philodendron selloum Big Leaf Philodendron Pigmy Date Palm New Zealand Flax Phoenix roebelenii Phormium tenox Pittosporum crossifolium 'Nano' Pittosporum tobiro _ Dwarf Karo Mock Orange Podocorpus spp. _ _ Fern Pine India Hawthorn Rosemary Rhophiolepis indica Rosmorinus o icinolis Sche era actino h Na Schefflera Sche era actinophyNa Queensland Umbrella Tree, Octopus Tree Sis rinchium bellum Blue-eyed grass Solanum xontii Purple Nightshade Strelitzia nicoloi Giant Bird of Paradise Strelitzlo re inoe Bird of Paradise April 2018 6-13 WINDWARD 6. Appendices Residential Landscape Plant Palette Botanical Trachelospermum josminoides Star Jasmine Viburnum suspensum Sandankwa Vibumum INestri fo fruticoso Coast Rosemary Xylosmo congestum 'Compacts' Xylosma Xylosma congestum 'Ed Dorado' Dwarf Xylosma Yucca filomentosa 'Variegato' Variegated Yucca Yucca species Yucca MI— HOA NTAIN N Bougainvillea Bougainvillea spp. Violet Trumpet Vine Clytostoma capistegioides Blood -Red Trumpet Vine Distictis buccinatoria Lavender Starflower Bower Vine Grewia occidentalis Pondoreo jasminoides Rosa bonksioe Alba Plena' _ Climbing Rose Trachelospermum jasminoides T—Starjasm—ine- COMMUNFWHO Armeria martimo Common Thrift Baccharis pilularis 'Pigeon Point' Coyote Bush Dymondio margaretae Silver Carpet Festuco ovina glauca Blue Fescue Lantana sellowiano Tra iling Lantana Senecio mondraliscae Blue Chalksticks Verbena hybrido Garden Verbena M Marathon 11 'Festuca Arundinaceo' Dwarf Tall Fescue April 2018 6-14 WINDWARD 6. Appendices Residential Landscape Plant Palette BqtanicW Name Common Name PRIVATE RESIDENTIAL LOTS - TREES Acer mocrophyllum Big Leaf Maple Acer ne undo var. colifornkum Acer palmatum California Box Elder Japanese Maple _ California Buckeye Strawberry Tree Aesculus colifornka Arbutus unedo Arctostaphylos glauca Bigberry Manzanita Arctostophylos insularis _ Island Manzanita Brach chiton populneus _ Bottle Tree Cerotonio siliqua Carob Cercis occidentalls Western Redbud Cinnamomum camphors Camphor Tree Citrus species Citrus Dicksonla Antarctico Eribbotrya deflexa Tree Fern Bronze Loquat Eriobotryo joponico Lo uat Fei'oa sellowiona Pineapple Guava Ficus florida Florida Fig Ficus nitido 'Green Gem' Indian Laurel Fig — Green Gem Ficus rubiginoso Rustyleaf Fig Froxinus dipetalo California Ash Ginkgo biloba Maidenhair Tree Juglons call ornica California Black Walnut Lagerstroemia indico Crape Myrtle La erstroemia species Crape Myrtle Louris nobilis Grecian Laurel Liriodendron tulipfera Tulip Tree Lyonthamnus floribundus ssp. Asplenifolius Fernleaf Ironwood Macadamia irate ri olio Macadamia Nut Magnolia grondiflo Southern Magnolia Mayten Tree Pink Melaleuca Maytenus boario Mclaleuca nesophila Meloleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Pistacia chinesis Chinese Pistache Pittos orum undulatum Victoria Box Platanus rocemoso California Sycamore Plurnerio rubro Egyptian Starcluster Podocarpus grocilior Fern Pine Prunus corohniona Carolina Laurel Cherry California Hoptree Ptelea crenulato Rhus integrifolio Lemonade Berry April 2018 6-1 S WINDWARD 6. Appendices Residential Landscape Botanical Rhus loncea Plant Palette African Sumac Rhus laurina Sambucus mexicano Laurel Sumac Mexican Elderberry Tabebuia chrysotricho Golden Trumpet Tree Tabebuia impeti inoso Pink Trumpet Tree Tabebuia ipe Trumpet Tree Tristania con erto Brisbane Box Tristania laurina NCN Tupidanthus colyptratus Tupidanthus PRIVATE RESIDENTIAL LOTS -SHRUBS Abeho grondiflora 'Edward GoucherAbelia _ Abutilon 'Moon Chimes' Parlor Maple Achilles millefolium var. californica Western yarrow Agapanthus africanus Lily -of -the -Nile Agave attenuate Foxtail Agave Agave shawii Shaw's Agave Agave vilmoriniana Aloe arborescens Octopus Agave Tree Aloe Aloe Vera Medicinal Aloe Alyogyne huegelii Blue Hibiscus Armerio martima Common Thrift Asclepius speciose Showy milkweed Aster chilensis California Aster Bacchoris pilularis 'Pigeon Point' Coyote Bush Bacchoris pilularis Twin Peaks #2' Dwarf Coyote Bush Bacchoris pilularis ?win Peaks' Coyote Bush Prostrate Bacchoris salicifolio Mulefat Begonia 'Richmondensis' Richmond Begonia Bergenio cordifolio _ Winter Saxifage Bougainvillea Tahitian Maid' Double Bougainvillea Colystegia mocrostegio Comethajaponka California Morning Glory Camellia Dalmatian Bellflower Campanula portenschlogiona Campanula poscharskyono Serbian Bellflower Carex spisso San Diego Sedge Carissa macrocarpo Green Carpet Natal Plum Carissa macrocarpa 'Fancy' Natal Plum Castilleja folioloso Wooly Indian paintbrush Ceanothus spp. Ceanothus Cerastium tomentosum Snow -in -Summer Cercis occidentalis Western Redbud Chrysanthemum ►eucanthemum Oxeye Daisy April 2018 6-16 wiNDWAM) - 6. Appendices Residential Landscape Botanical Cistus hybridus Plant Palette White Rockrose Cistus incanus ssp. Corsicus NCN Orchid Spot Rockrose Cistus purpereus Cistus solvdfolius _ Sageleaf Rockrose Cistus x purpereus _ Orchid Rockrose Clivia miniata Kaffir Lily Comarostaphylis diversifolia Summer Holly Conolvulus cneorum Bush Morning Glory Coprosmo kirkii Creeping Coprosma Prostrate Coprosma Coprosma pumilo Coreopsis gigantea Giant coreopsis Coretherogyne filoginifolia California aster NCN Cotoneaster aprneyi Cotoneaster buxi olius NCN Crassulo argentea Jade Plant Crassula argentea 'Crosby' Miniature Jade Plant Crassula ovate Jade Tree Cupheo hyssopifolia Delosperma cooperi False Heather Hardy Ice Plant Dendromecon rigido Bush Poppy Dietes vegeta - Fortnight Lily Dodonaea viscose Hopseed Bush Dudleya abromsil spp. murino San Luis Obispo Dudleya Dudleya coespitoso Coast Dudleya San Diego Dudleya Dudleya edulis Dudleya hassei Catalina Island Live Forever Dudleya lanceolate Lanceleaf Liveforever Dudleyo pulverulento Chalk Liveforever Eri eron karvinskianus Santa Barbara Daisy Eriogonum arborescens Santa Cruz Island Buckwheat Eriogonum gi anteum St. Catherine's Lace Eriophyllum confertif/orum Golden Yarrow Escallonia frodesii' Escallonia species Pink Escallonia Escallonia Varieties Eschscholzio californica Fei'oo sellowiano California Poppy Pineapple Guava Fran ulo californica California Coffeeberry Fuchsia 'Gortenmeister Bonstedt' Honeysuckle Fuschia Golvezia speciose Island snapdragon Gordenio jasminoides Gardenia Gorrya elliptico James Reef Silk Tassel Grevilleo 'Noellii' Grevillea Grewio occidentalis Starflower April 2018 6-17 WINDWARD 6. Appendices Residential Landscape Botanical Hardenbergia comptoniona Plant Palette Lilac Vine Helictotrichon sempervirens Hemero-wilis h br/d 'Mountain Violet' Blue Oat Grass Daylily Heteromeles arbutifolia 'Davis Gold' Toyon Heuchera 'Autumn Leaves' Coral Bells Heuchera 'Purple Palace' Alum Root Heuchera maxima Channel Islands Coral Bells Hibiscus Hibiscus s p. Holodiscus discolor Ocean spray Hypericum colycimum Aaron's Beard _ _ Iris dou losiano Douglas Iris Josminum nudiflorum Winter Jasmine Kniphofia uvaria Red Hot Poker Lantana camaro cultivars Yellow Sage Lantana comara montevidensis Trailing Lantana Lantana sellowiono Trailing Lantana Lavandula dentota French Lavender Lavandula pedunculoto 'Atlas' Lepechinia frogrons Spanish Lavender Island Pitcher Sage Leptospermum lae. 'Vigatum' Australian Tea Tree Leuco hyllum frutecens Texas Ranger Ligustrum japonicum Japanese Privet Urnonium perezii Sea Lavender Liriope "Silvery Sunproof Monkey Grass Lonicera japonica 'Holliono'Hall's Japanese Honeysuckle Lonicera subspicata Wild Honeysuckle Lonicera subspicata var. denudoto Chaparral Honeysuckle Mahonia aquifolium 'Golden Abundance' Golden Abundance Oregon Grape Mahonia nevenii Nevin Mahonia Malocothamnus fosciculotus Chaparral Mallow Miscanthus sinensis 'Yokushima' Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri_ Myo orum 'Paci scum' Lindheimer's Muhly Grass NCN Myoporum deblle NCN NCN Myoporum Pary"follum Myrtus communis True Myrtle Nephrolepis exaltato Sword Fern Nerium Oleander Oleander Nolina bi elovii B' elow's bear grass Nolina cismontane Chapparal Nolina Nolina species Mexican Grasstree Opuntio littoralis Prickly Pear April 2018 6-18 WINDWARD 6. Appendices Residential Landscape Botanical Opuntia oricola Plant Palette Oracle Cactus Osteospermum fruticosum Trailing African Daisy Pachysandra Poch sands terminalis Paeonid coldlornico California Peony Penstemon heterophyllus -- ---- ------------.-- Margarita Bop' Blue Bedder Penstemon heterophyllus var. australis Foothill Penstemon Penstemon spectabilis Pentos lonceoloto Showy Penstemon Egyptian Starcluster Philodelphus lewisii Lewis' mock orange Philodendron selloum Big Leaf Philodendron Phormium tenax New Zealand Flax Photinia x froseri Fraser's Photinia Pittosporum crassifolium 'Nano' Dwarf Karo Pittosporum tobira Mock Orange Prunus caroliniona Carolina Cherry Laurel Prunus illci olio Hollyleaf Cherry Prunus lyonii Catalina Cherry Punicd granaturn Pyconthemum cal' ornicum Pomegranate Mountain Mint Quercus berberdtfolid California Scrub Oak Quercus dumosa Coastal Scrub Oak Rhomnus calfornica Coffeeberry Rha hidle is indica Indian Hawthorn Rhus inte ri olio Lemonade Berry Rhus ovoto Su arbush Ribes oureum vor. gracillimurn _ Golden Currant Ribes indecorum White Flowering Currant Romneya coulteri Matilija Poppy Romne a coulteri 'White Claud' White Cloud Matilija Poppy Rosmorinus officinalis Rosemary Rumohro adiantiformis Leatherleaf Fern Bee's Bliss Sage Salvia 'See's Bliss' Salvia alpidna Salvia clevelandii winifred 'Gilman' White Sage Cleveland Sage Salvia greggii Salvia sonomensis Autum Sage Creeping Sage Hummingbird Sage - Salvia spothaceo Sambucus mexicono Mexican Elderberry _ Lavendar Cotton Santolina cha. 'Nano' Santolina virensn Green Lavender Cotto Sature a chondleri San Miguel Savory Schefflera actin h lld Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum California Blue-eyed grass April 2018 6-19 WINDwARn 6. Appendices Residential Landscape Botanical Name Solonum xonth Plant Palette Common Name Purple Nightshade Solonum xontiiPurple Solida o velutina ss . colifornica, Nightshade California Goldenrod Stachys bullota Hedge Nettle Strelitzia nicolol Giant Bird of Paradise Strelitzia reginae Bird of Paradise Teucrium fruticons and cultivors Bush Germander Thalictrum fendleri var. polycorpum Mountain Meadow Rue Thujo occidentolis 'Globose' White Cedar Trachelospermum asiaticum Ivory Star Jasmine or Asian Jasmine Trachelospermum josminoides Star Jasmine Tulbaghia violacea Society Garlic Vene osia corpesioides Canyon Sunflower Viburnum suspensum Sandankwa Viburnum Vi uiero lociniato San Diego Sunflower X losmo congestum Shiny Xylosma Xylosma congestum 'Compocto' Xylosma Xylosma congestum 'Ed Dorado' Yucca baccoto Dwarf Xylosma Banana Yucca Yucca filamentoso 'Variegate' Variegated Yucca Yucca rigido Blue Yucca Yucca Species Yucca Yucco whipplei Yucca Zouschneria colifornka 'Catalina Island' California Fuchsia Zephyronthes condido Autumn Zephyrlily PRIVATE RESIDENTIAL LOTS - VINES Bougainvillea spp. Bougainvillea Calliandra haematocephala Pink Powder Puff Clytostoma callistegioides Violet Trumpet Vine Blood -Red Trumpet Vine Distictis buccinatoria Grewia occidentalis Hardenber is violacea ---------- - - - Lavender Starflower _ Hardenbergla Macfadyena unguis-cati Cat's Claw Mandevilla splendens Alice du Pont Mascagnia macroptera Golden Vine Pandorea 'asminoides Bower Vine Parthenocissus tricuspidata Boston Ivy Rosa banksiae'Alba Plena' Climbing Rose Trachelospermum jasminoides Star Jasmine PRIVATE RESIDENTIAL LOTS - GROUNDCOVER Aptenia cordifolia x Red Apple Strawberry Armeria martima Common Thrift April 2018 6-20 WINDWARD 6. Appendices Residential Landscape Plant Palette Botanical Artemisia caucasica Caucasian Artesmisia Baccharis pilularis Baccharis ilularis'Pi eon Point' Dwarf Coyote Bush Coyote Bush Baccharis pilularis'Twin Peaks #2' Dwarf Coyote Bush Baccharis pilularis ?win Peaks' Coyote Bush Prostrate Cistus crispus _ NCN Corea pulchella Australian Fuscia Coresopsis lancelata Coreopsis Crassula lacteal NCN Crassula multicava NCN Crassula tetra ona NCN Delosperma 'alba' White Trailing Ice Plant Dimor hotheca aurantiaca African Daisy Drosanthemum floribundum Rosea Ice Plant Drosanthemum hispidum NCN Drosanthemum speciosus Dewflower D mondia mar aretae Silver Carpet Festuca ovina glauca Fra aria chiloensis Blue Fescue Wild Strawberry/Sand Strawberry Gazania 'Copper King' Gazania Gazania 'Moonglow' Gazania Gazania hybrid'Mitsua Yellow' Semi -trailing Yellow Gazania Gazania hybrids South African Daisy Gazania rigens leucolaena Trailing Gazania Hedera canariensis English Ivy lberis sempervirens Evergreen Candytuft Iberis umbellatum Globe Candytuft Lam ranthus filicaulis Redondo Creeper Lam ranthus spectabilis Trailing Ice Plant Lamprathus aurantiacus Bush Ice Plant Lantana sellowiana Trailing Lantana Lasthenia californica Dwarf Goldfields Lupinus arizonicus Lupinus benthamii Desert Lupine Spider Lupine Lupinus bicolor Lupinus sparsiflorus Sky Lupine Loosely flowered Annual Lupine/ Coulter's Ophiopogon 'Nigrescens Black' Black Mondo Grass Ophiopogon japonicus Mondo Grass Osteospermum 'Buttermilk' Osteospermum Osteospermum fru. 'African Queen' Trailing African Daisy Osteospermum fru. 'Burgundy' Trailing African Daisy Osteospennum fru. 'Whirligig' Trailing African Daisy Osteospermum fruticosum Freeway Daisy April 2018 6-21 WINDWARD 6. Appendices Residential Landscape Botanical Name Plant Palette Osteospermum fruticosum 'Hybrid White' Common Name Freeway Dais Pelargonium peltatum Ivy Geranium Pratia pedunculata Star Creeper _ Sagina subulata Irish Moss Sa ina subulata'Aurea' Scotch Moss Santolina cha. 'Nana' Lavendar Cotton Verbena hybrida Garden Verbena Verbena peruviana species Verbena Viola hederacea Australian Violet PRIVATE RESIDENTIAL LOTS - SUCCULENTS Aeonium 'Kiwi' Kiwi Aeonium Echeveria agavoides 'Red' Red Edge Echeveria Echeverio ele ons Mexican Snowball Echeveria imbricate Hens and Chicks Kolonchae thyrisi oro Paddle Plant Sedum pochyphylium Stonecrop Sedum rubrotinctum Pork and Beans _ Senecio mandraliscae Blue Chalksticks PRIVATE RESIDENTIAL LOTS - TURF Marathon 11 'Festuco Arundinoceo' Dwarf Tall Fescue Turf A-G Sod Farms Inc. - Elite Plus ;PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES Adenosto_mo fasckulatum Chamise Adenostoma sparsifolium Red Shanks Aegilops triuncialis Barbed Goatgrass Ageratina adenophora Crofton Weed Ailonthus altissima Tree Of Heaven Alha i pseudolhagi Camel Thorn _ European Beachgrass Ammophilo arenaria Anthemix cotula Mayweed Arctotheca calendula _ Capeweed Artemisia call ornica California Sagebrush Arundo donox Giant Reed Atri lex semibaccato _ Australian Saltbush Avena barbata Slender Oat Avena atuo Wild Oat Bossia hyssopifolia Fivehom Smotherweed Bellardia trixago Mediterranean Lineseed Brachypodium distachyon Purple False Brome Brossfco nigra Black Mustard Brassico ropo Wild Turnip, Yellow Mustard, Field Mustard April 2018 6-22 WINDWARD 6. Appendices Residential Landscape Botanical Brassica tournefordi Plant Palette Asian Mustard Bromus diandrus Bromus rubens _ Ripgut Brome Red Brome Bromus tectorum Cheatgrass Lenspod Whitetop Cardaria chalapensis Cardaria draba Hoary Cress, Perennial Peppergrass Cardaria draba Whitetop Carduus pycnocepholus Italian Plumeless Thistle Corpobrotus edulis Hottentot Fig Centaureo calcitrapa _ Purple Starthistle Centaurea masculosa Spotted Knapweed Maltese Star -Thistle Centaurea melitensis Centaurea solstitialis Yellow Star -Thistle Cirsium orvense Canada Thistle Orsium vul ore Wild Artichoke, Bull Thistle Conicosio pu ioniformis Narrow -Leaved Iceplant Conium maculatum Poison Hemlock Congo chaadensis Cortaderia juboto Horseweed Purple Pampas Grass Cortaderia selloano Pampas Grass Cotoneaster lacteus Milkflower Cotoneaster Cotoneaster pannosus Silverleaf Cotoneaster Cratae us monogyna Oneseed Hawthorn Crupino vul oris Common Crupina Cynara cardunculus Artichoke Thistle Cytisus scoparius Scotchbroom Cytisus striatus Striated Broom Capeivy Delaireo odorata Egeria denso Brazilian Waterweed Ehrharta colycina Perennial Veldtgrass Ehrharta erecta Panic Veldtgrass Eichhornia crassipes Common Water Hyacinth Elaeagnus angustifolia Erechtites glomerate Russian Olive Cutleaf Burnweed Erechtites minima Coastal Burnweed Common Buckwheat Erio onum fasciculatum Eucalyptus globulus Tasmanian Bluegum Eu horbia esula Leafy Spurge Festuca arundinacea Tall Fescue Ficus carica Edible Fig Foeniculum vul are Sweet Fennel Genista monspessulana French Broom Halogeton glomeratus Saltlover April 2018 6-23 WINDWARD 6. Appendices Residential Landscape Botanical Hedera helix Plant Palette English Ivy Helichrysum petiolore Heterotheca grandiflora Strawflower Telegraph Plant Holcus lonotus Common Velvetgrass_ Hydrillo verticillato Hydrilla Hypericum perforotum St. John's Wort Ilex aquifolium English Holly Iris pseudocorus Paleyellow Iris Loctuco serriola Prickly Lettuce Lepidium latifolium Broadleaved Pepperweed Leucanthemum vulgare Oxeye Daisy Lolium perenne _ Perennial Ryegrass Lupinus arboreus Yellow Bush Lupine Lythrum salicoria Purple Loosestrife Mentho pulegium Pennyroyal Mesembryanthemum crystallinum Common Iceplant Myoporum loetum Ngaio Tree Myriophyllum aquaticum Parrot Feather Watermilfoil Eurasian Watermilfoil Myriophyllum spicatum Nicotiano bigelevil Indian Tobacco Nicotiona glouco Tree Tobacco Olea europoeo Olive Ononis olopecuroides Foxtail Restharrow _ Pennisetum setaceum Crimson Fountaingrass Phalaris aquatica Bulbous Canarygrass Potamogeton crispus Curly Pondweed Retamo monospermo _ Bridal Broom Ricinus communis_ Castor Bean Plant Robinia pseudoococio Black Locust Rubus discolor Himalayan Blackberry Sacsola austails Russian Thistle/Tumbleweed Salvia mellifera Black Sage Salvinia molesta Sapium sebiferum Giant Salvinia Chinese Tallow Tree Soponaria officinolis Schinus molle Bouncingbet Peruvian Peppertree Schinus terebinthifolius Brazilian Peppertree Schismus arabicus Arabian Schismus Schismus barbatus Common Mediterranean Grass Senecio jocobaeo Tansy Ragwort Sesbonia punicea Rattlebox Silybum madonum Milk Thistle Sportina alterniflora Smooth Cordgrass April 2018 6-24 WINDWARD 6. Appendices Residential Landscape Botanical Spartina anglica Plant Palette Common Cordgrass Spartina densiflora Denseflower Cordgrass Saltmeadow Cordgrass Spartina patens Spartium junceum Spanish Broom Toeniotherum coput-medusae Medusahead Tamarix chinensis Fivestamen Tamarisk Tamarix gollica French Tamarisk Tamarix parviflora Smallflower Tamarisk _ Tamarix ramosissimo Saltcedar Ulex europoeus Common Gorse Urtica urens Burning Nettle Verb_ascum thapsus Common Mullein Vinco major Bigleaf Periwinkle PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES - ORNAMENTAL Corraders sp _ Pampas Grass Cu ressus sp Cypress Eucolyptussp _ Eucalyptus Juniperus sp Juniper Pinus sp Pine PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES - PALMS Brahea armato Mexican Blue Palm San Jose Hesper Palm Brahea brandegeei Brahea edulis Guadalupe Palm Pindo Palm Himalayan Fish Tail Palm Himalayan Fish Tail Palm_ Bamboo Palm Mediterranean Fan Palm Sago Palm - Budd ca itata Coryota cummingii Coryoto urens Chamaedorea eerum ens Chamaedorea humills Cycas revoluta — Trachycarpus fortunei Washingtonia fill era Windmill Palm California Fan Palm Washingtonia robusto Mexican Fan Palm pri1 2019 6-25 WINDWARD 6. Appendices 6.3 Infrastructure 6.3.1 Circulation Vehicular access to the Windward Community is from two access drives along Bolsa Chica Street (see Exhibit 6-9, Circulation Plan). The southern access is located across from existing Sandover Drive. The northern access is right in/right out only due to the existing median in Bolsa Chica Street. A private street system provides access to each of the housing units. Roadways within the Windward Community shall be a minimum 24-feet in width (see Exhibit 6-10, Street Sections). Vehicular turnarounds are provided at the north and south ends of the private streets. The parkway on the east side of Bolsa Chica Street will be improved with a pedestrian sidewalk which will allow access from Los Patos Avenue to the southern boundary of the Windward Specific Plan Area. 6.3.2 Grading Plan The Grading Plan for the Windward Residential Parcel is illustrated on Exhibit 6- 11, Grading Plan, which shows spot elevations for roads and finish floor elevations. The entire grading operation will be completed in one phase. Exhibit 6-12, Cut and Fill Plan, identifies the proposed Cut and Fill for the grading operations. April 201A 6-26 �:7777:::�j — Turn -Around Las Patos Avenue E 28' I � � 37 Guest COParking Spaces D _ Sandover m i Drive � :'c ro D 0 ao Turn -Around LEGEND Residential Circulation 8 Parking A Section Line _J (See Figure 2-12 Street Sections) Exhibit 6-9 Windward Specific Plan Circulation Plan City of Huntington Beach � 0 I I look May IR L lilt It 3 Mro IVML3KOHL in � oC 11�a lilt 4 Q. LOS PATIOS AV[. r - ` -9Riw. LEGEND COL0M MN. ELEV. MAK. EUV. AREA (SF) -4.00 -1.00 4076.67 �I -100 -2 00 1225247 -2.00 -00 1"7171 -100 0.00 2t670.13 a00 1.O0 2DS17.65 100 2.00 1+67107 2.00 100 549562 . 1D0 4.00 716703 . 4M 5,00 1 235.66 „ i i i PROPOSED RETAMIINO OLL -� - - - - — CUE/FAT UNE i PROPERTY UK i 0= I. SAVE ASSUMPTIDN USED FOR SHRINKAGE AS USED FOR THE &WMTMATER PROJECT EARTHWORK ANALYSIS PERFORMED tN SEPTEWKR 2011. 2, DASED ON EXISTING TOPO DATED FEBRUARY 2007. 1. PROPOSED SURFACE MED ON CONCEPnk GRADING PLAN DATED DUNE 15. 2016 SOUrce: Stan« Exhibit G- l2 Windward Specific Plan Cut and Fill Plan City of Huntington Beach NORTHN � TO SCAIIL Fes. WINDWARD 6. Appendices 6.3.3 Drainage Plan The Drainage Plan for the Windward Residential Parcel is illustrated on Exhibit 6- 13, Storm Drain, Water, and Wastewater Plan. It shows a proposed storm drain line located within the Windward Residential Parcel private roadway system which will connect to an existing storm drain within Bolsa Chica Street. Two catch basins will be constructed to capture storm runoff within the development and prevent it from discharging into the adjacent open space areas. Once it is collected on -site, the drainage from the Windward Residential Parcel will be conveyed to an existing storm drain in Bolsa Chica Street that is part of the drainage system for the neighboring Brightwater community. The Windward Community will utilize Brightwater's Coastal Commission -approved (CDP 5-05- 20) storm drain system which uses a state of the art filtration system (STORMFILTER) to treat runoff before it is discharged into the Bolsa Chica lowlands. The system uses storm drain pipes to convey runoff to an underground concrete structure where it flows through a number of media filter cartridges that remove pollutants from the water before discharging it. The entire drainage area for the Windward Residential Parcel was included in the design of the Brightwater storm drain system so there is sufficient capacity in the system to accommodate flows from the Windward Residential Parcel. The Best Management Practices (BMPs) included in the Brightwater Water Quality Management Plan were also designed to treat runoff from the Windward Property. An amendment to the Brightwater Water Quality Management Plan (WQMP) to incorporate the Windward Residential Parcel development will be submitted to the City. 6.3.4 Domestic Water Plan The Water Plan for the Windward Community is depicted on Exhibit 6-13, Storm Drain, Water, and Wastewater Plan. It indicates both the backbone water and fire lines and backflow devices that will be constructed as part of the residential development. The proposed Windward Community water system will connect to an existing 8-inch City water main along Bolsa Chica Street. The on -site water pipelines will be installed to provide the flows required for residential development and occupancy. The Windward Community will have one master domestic water meter. The domestic water line will be public up to the master water meter located within the Bolsa Chica Street right-of-way and will be private beyond the water meter. A backflow device will be set back from the property line based on City requirements and screened from view. \rril 10I s 6-31 WINDWARD 6. Appendices A separate fire service will be provided for private fire hydrants as the Huntington Beach Fire Department does not allow fire hydrant connections to private domestic water lines. The fire line will have a separate backflow preventer. The fire line will be public up to the backflow preventer located within the Bolsa Chica Street right-of-way and private beyond. The onsite fire hydrants will be private. The backflow preventer will be set back from the property line based on City requirements and screened from view. The public domestic water and fire water improvements will be constructed to meet City Water Division Standards and Fire Department's codes, standards, and specifications. The landscape area along the east side of Bolsa Chica Street is currently being maintained by the Brightwater Maintenance Corporation as per License Agreement executed with the City by Signal Landmark. The improvements covered by this agreement include landscaping (irrigation systems and plant material) as well as the entry monumentation. If the Acquisition Alternative occurs, Brightwater Maintenance Corporation will continue to maintain the landscape area along the east side of Bolsa Chica. If Alternative 2 occurs (i.e., development of the Windward Residential Parcel), the HOA formed for the Windward Community will be responsible for the maintenance of this landscape area and the License Agreement with the City will be amended accordingly. 6.3.5 Wastewater Plan The Wastewater Plan for the Windward Community is depicted Exhibit 6-13, Storm Drain, Water, and Wastewater Plan. It indicates the backbone sewer lines that will be constructed as part of the residential development. These lines will connect to existing sewer lines within Bolsa Chica Street, which have been sized to service this project. 6.3.6 Utilities and Services It is anticipated that utility services for the Windward Community initially will be provided by Southern California Edison (SCE), Southern California Gas Company (SCG), Verizon (for telephone), and Time -Warner Cable (for television/computer cable modem) or their respective successor company, if ownership of their assets and/or management should resources change hands. Electrical, gas, telephone, and Cable TV facilities are all located in utility easements adjacent to Los Patos Avenue and the Sandover project. Trash service initially will be provided by Republic Services. April 2018 6- 32 Los Patos Avenue Public Water Line to Meter Sandover__ I iDrive MU Public Fire Water Li to ROW I i i� - - - I I Proposed Fire Hydrant _ ! (Private) _ I TT JJ TN , I Proposed I Fire Hydrant [ ' (Private) LEGEND Existing Storm Drain Line Existing Water Line Proposed Storm Drain Line Proposed Water Line (Private) L—� Catch Basin �� Proposed Water Line (Public) Proposed Domestic Water Backflow Device it ' Existing Sewer Line Proposed Sewer Line EKI Proposed Sewer Manhole Source StHrlteC (� Proposed Fire Water 1r�-- Line (Private) �� Proposed Fire Water Line (Public) Proposed Fire Water Backflow Device Exhibit 6-13 Windward Specific Plan Stonn Drain, Water and Wastewater Plan City of Huntington Beach NI I I I n F ". I W I N D WAkD - --- 6. Ap 6.4 Adopted Mitigation Measures (TO BE PROVIDED UPON ADOPTION BY THE CITY OF HUNTINGTON BEACH) April 2018 6-34 Exhibit E Amended Zoning Map Lid RL: Residential Low Density RMH: Residential Medium High Density SP-15: Specific Plan 15 (Brightwater) SP-16: Specific Plan 16 (Windward) CC: Coastal Conservation CZ: Coastal Zone Overlay ORDINANCE NO. 4135 d. The City Council has considered the fiscal effect of Development Agreement No. 16-001 on the City and the effect on public open space in the Bolsa Chica area and has balanced these needs against available fiscal and environmental resources. SECTION 2: Based on the above findings, the City Council of the City of Huntington Beach hereby approves Development Agreement No. 16-001 and adopts it by this ordinance pursuant to Government Code Section 65867.5. This action is subject to a referendum. SECTION 3: This ordinance shall take effect 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 4th day of June ,2018. Mayor ATTEST: ( fitftt, et6h4Iliattd City Clerk APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED:AP] c INITIATED AND APPROVED: D'►A -!� o ' Y►vc...`--- City Manager Dir*r of&oinmunity Development ATTACHMENTS: Exhibit A: Development Agreement No. 16-001 17-5696/157322/MV 2 OQI)UU, Wc1 Air). 41135 Extti/ i - ",k " Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder 1111111111 liii 1 I II 1111 II II NO FEE * $ R 0 0 1 0 5 8 7 0 5 7 $ * 2019000015662 12:17 pm 01116/19 RECORDING REQUESTED BY AND 47 NC-5 Al2 30 WHEN RECORDED MAIL TO: 0.00 0.00 0.00 0.00 87.00 0.00 0.000.000.00 0.00 City of Huntington Beach 2000 Main Street • Huntington Beach,CA 92648 Attn: Community Development Director Per Ordinance No. 4135 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE DEVELOPMENT AGREEMENT NO. 16-001 This Development Agreement ("Agreement") is entered into by and between the City of Huntington Beach, a municipal corporation of the State of California (the "City"), and Signal Landmark, Inc., a California corporation ("Developer").The City and Developer shall be referred to jointly within this Agreement as the "Parties" and individually as a "Party." For the convenience of the reader, a Glossary of Defined Terms used in this Agreement follows the signature pages. RECITALS A. This. Agreement is one of a series of actions by the City (collectively, the "Required Approvals") which will implement an April 2016 settlement of litigation (the "Settlement") between the City, Developer, and the Boise Chica Land Trust (the "BCLT") with respect to development of property described below as the "Windward Property" (see Recital E). B. The purpose of this Agreement is to provide assurances to the City, the California Coastal Commission, and the community that development of that portion of the Windward Property defined in Recital E as the "Windward Residential Parcel" cannot begin unless: 1. "Alternative 1": Both the Windward Property and the adjacent "Goodell Property" (described in Recital F below) are first made available for acquisition by the Trust for Public Lands("TPL") as set forth in Section'4.1; or 2. "Alternative 2": If Alternative 1 does not occur pursuant to Section 4.1, Developer has conveyed2 to a governmental agency or a qualifying non-profit organization entity acceptable to the City, such as, but not limited to, the BCLT3 (a "Qualifying Non-Profit 1"Section"means a numbered section of this Agreement,unless specifically stated to refer to another document. 2 If a conveyance is made to a governmental entity,it will be made through an Irrevocable Offer of Dedication. If a conveyance is made to a non-profit entity, the conveyance may be through an instrument other than an Irrevocable Offer of Dedication, such as a grant deed, if(i) legally necessary to complete the conveyance and (ii) approved by the City. 3 if the grantee is the BCLT,the BCLT must first be approved by the City. This document Is solely for the official business of the City of Hu►tirptat Desch. se contemplated under Government Code Sec. 27383 and should-be recorded free I of charge. Organization") both (i) that portion of the Windward Property defined in Recital E as the "Windward Open Space Parcel" and (ii)the Goodell Property(see Section 4.2). C. In addition, as set forth in Section 65864(b) of California's Development Agreement Statute (Government Code Sections 65864-65869.5), this Agreement will provide necessary assurances to Developer that if Alternative 1 does not occur and Alternative 2 is implemented by Developer, development of the Windward Residential Parcel "may proceed in accordance with existing policies, rules and regulations." Those "existing policies, rules, and regulations" are described and defined later in this Agreement as the "Applicable Rules." Absent these assurances, Developer cannot make the "investment in and commitment to comprehensive planning" (see Government Code Section 65864(a)) facilitated by this Agreement. D. Government Code Sections 65864 through 65869.5 and Chapter 246 of the Huntington Beach Zoning and Subdivision Ordinance (the "Zoning Code") authorize the City to enter into development agreements with the owners of legal or equitable interests in real property located within the City. E. The property subject to this Agreement is the Windward Property. Developer holds legal title to the Windward Property, which consists of approximately 5 acres, is described in Exhibit A,4 and is depicted on Exhibit B. The Windward Property is in the City, southeast of the intersection of Bolsa Chica and Los Patos. Exhibit B identifies a portion of the Windward Property as the "Windward Residential Parcel" and the remainder as the "Windward Open Space Parcel." F. Adjacent to and south of the Windward Property and in the unincorporated area of the County of Orange is the Goodell Property, which consists of approximately 6.2 acres. The Goodell Property is depicted on Exhibit B and described in Exhibit C. The City does not have jurisdiction over the Goodell Property. G. The Goodell Property is zoned, under the County of Orange, as Planned Community (PC), which allows single-family residential uses at a density of 6-12 units per acre. The City has pre-zoned 3.2 acres of the Goodell Property for single-family residential and 3 acres for open space uses. Developer holds an option to purchase legal title to the Goodell Property (the "Goodell Option"). H. Because the Goodell Property is not within the City, this Agreement is not intended to and does not regulate the use of the Goodell Property. The role of the Goodell Property as part of this Development Agreement is simply to allow Developer to convey its potential ownership interest in the Goodell Property to satisfy the conditions precedent to the development of the Windward Residential Parcel if Alternative 1 does not occur. Any 4 All references to"Exhibits"within this Agreement are references to exhibits to this Agreement unless otherwise specified.All Exhibits are incorporated as a substantive part of this Agreement. 2 conveyance of and use restrictions imposed on the Goodell Property as described in this Agreement are voluntary on the part of Developer and not the result of regulations imposed on the Goodell Property by either the City or the Coastal Commission. I. The City owns the thirty-foot strip of land located above the northerly boundary of the Development Site as shown on Exhibit "B" (the "City Property"). J. The Settlement establishes a program under which Developer and the City intend to enable either Alternative 1 or Alternative 2 (the "Settlement Program").This Agreement is a vehicle to facilitate the following actions if Alternative 1 does not occur and Alternative 2 of the Settlement Program is implemented: 1. The conveyance of title to that portion of the Windward Property outside the Windward Residential Parcel not slated for development under Alternative 2 (the "Windward Open Space Parcel") to either a governmental agency or a Qualifying Non-Profit Organization for public access, passive recreational use, habitat enhancement, and public trail purposes, as appropriate (the "Windward Conveyance"); 2. The conveyances of the Goodell Property to either a governmental agency or a Qualifying Non-Profit Organization for public access, passive recreational use, habitat enhancement, and public trail purposes, as appropriate (the "Goodell Conveyance"); and 3. Developer's proposed medium density residential neighborhood within the "Windward Residential Parcel" (the "Development"). K. The Settlement Program and the Development are to be undertaken pursuant to the following approvals which, together, shall be referred to within this Agreement as the "Required Approvals" and which are anticipated to be sequenced as set forth in Recital L below: 1. City approvals (collectively, the "City Approvals"): a) Approval of a Local Coastal Program Amendment (the "LCPA"), consisting of (1) an amendment to the Coastal Element of the City's General Plan which functions as the Land Use Plan portion of the LCP, and (2) the "Windward Specific Plan," comprised of a Zoning Text Amendment and a Zoning Map Amendment to the Implementation Plan portion of the Local Coastal Program; b) Approval of and entry into this Agreement; c) Approval of a Coastal Development Permit (the "CDP") authorizing construction of a 36-unit townhome development and associated infrastructure and consisting of (1) a Tentative Tract Map (the "Map") subdividing the Windward Property into one numbered lot for residential development (the "Windward Residential Parcel") and 5 See Footnote 2 above. 3 one lettered lot for open space (the "Windward Open Space Parcel") and (2) a Conditional Use Permit (the "CUP") allowing the development of the Windward Residential Parcel in accordance with the development standards set forth in the Windward Specific Plan and the LCPA (or as certified with suggested modifications adopted by the City); and d) Approval of grading, building, and similar ministerial permits. 2. Coastal Commission actions (collectively, "Commission Approvals"): a) Certification of the LCPA, in accordance with the City Approvals (or with suggested modifications approved by the City); b) Approval of this Agreement to the extent, if any, required by Government Code Section 65869, including with respect to its terms regarding the acquisition, conveyance, and deed restriction of the adjacent Goodell Property; and c) In the event the City's approval of the CDP is appealed to the Coastal Commission, approval by the Commission of a coastal development permit. L. The anticipated procedural sequence for obtaining the Required Approvals and the issuance of permits allowed by the CDP is: 1. Approval by the City of the City Approvals. 2. Submittal of an application to the Coastal Commission by the City for certification of the LCPA, in accordance with the City Approvals, and any required approval of this Agreement. 3. The certification by the Coastal Commission of the LCPA and, to the extent required, if any, the approval of this Agreement. (Note: The Coastal Commission may make its approval of the LCPA subject to concurrence by the City Council with "suggested modifications"to the City's proposed LCPA.) 4. Approval by the City Council of the Coastal Commission's "suggested modifications," if any. 5. After certification of the LCPA is complete, approval by the City of the CDP or, in the event the City's approval of the CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal raises substantial issue(s) regarding conformity of the CDP with the LCP, approval by the Commission of the CDP. 6. The issuance by the City of all permits related to the CUP,the Map, and the CDP, such as grading, building, and similar ministerial permits. M. Government Code Section 65869 provides, in pertinent part, as follows: "A development agreement shall not be applicable to any development project located in an area for which a local coastal program is required to be prepared 4 and certified. . . unless: (1) the required local coastal program has been certified as required by such provisions prior to the date on which the development agreement is entered into, or (2) in the event that the required local coastal program has not been certified, the California Coastal Commission approves such development agreement by formal commission action." Because this Agreement is premised upon the certification of the LCPA by the Commission, the Parties recognize that it may not be "applicable" to the Development until the date that the certification of the LCPA by the Coastal Commission is final (the "Certification Date"). N. The City Council has evaluated the potential environmental impacts of the Settlement Program (the "CEQA Review") pursuant to the California Environmental Quality Act ("CEQA"). The City Council has determined that the Settlement Program will not have any new or more severe potential adverse environmental impacts than were evaluated in the CEQA Review and that no further environmental review of this Agreement or the Required Approvals is required. 0. As parties to the Settlement, the Parties each have an interest in securing the objectives of the Settlement. This Agreement assures the City and the Coastal Commission that if Alternative 1 of the Settlement Program is not successful, the Development cannot proceed without completion of both the Windward and Goodell Conveyances. It also assures Developer that if it completes the Windward and Goodell Conveyances, it will have the vested right to complete the Development. P. On June 27, 2017, the Planning Commission held a duly noticed public hearing on this Agreement and recommended to the City Council that it approve this Agreement. Q. On May 21, 2018, the City Council held a duly noticed public hearing on and approved this Agreement. R. The City Council has found that this Agreement is consistent with (i) the City's General Plan as amended by the GPA (including the Coastal Element as amended, provided that the Coastal Commission certifies the LCPA) and the Huntington Beach Zoning and Subdivision Ordinance (the "Zoning Code") in effect on the date of the first reading of the ordinance adopting this Agreement(the "Approval Date") and (ii)the Subdivision Map Act. S. For emphasis and clarification, there are three defined dates which have different meanings and purposes within this Agreement and should not be confused.They are: 1. The "Approval Date," which is the date of the first reading of City Ordinance No. 4135 approving this Agreement. (Note: That ordinance is referred to as the "Adopting Ordinance.")That date is May 21, 2018. 5 2. The "Effective Date," which is the date on which the Adopting Ordinance becomes effective under California law. That date is thirty days after the "second reading" of the Adopting Ordinance.The Effective Date,therefore, is July 4, 2018. 3. The "Certification Date," which is the date that the certification of the LCPA by the Coastal Commission becomes final. That date is unknown at the time of the approval of this Agreement and will be determined by future events. AGREEMENT The Parties agree as follows: 1. DEFINITIONS. Defined terms that are used more than once within this Agreement are listed in the Glossary following the signature page. 2. EXHIBITS.The following attached exhibits are incorporated as a part of this Agreement: Exhibit A: Legal Description of the Windward Property Exhibit B: Depiction of the Windward Property, the Windward Residential Parcel, the Windward Open Space Parcel, the Goodell Property, and the City Parcel. Exhibit C: Legal Description of the Goodell Property 3. TERM OF AGREEMENT. Subject to Section 5.1a below, the term of this Agreement starts on the day after the Effective Date and ends ten (10) years after the Certification Date (the "Term").6 For purposes of clarification, neither Party shall have any obligations under this Agreement until the Certification Date, except for (i) the performance of those acts referenced in this Agreement which, by their context, are to occur before the Certification Date and (ii)the duty of cooperation set forth in Section 12.1. 4. PUBLIC BENEFIT. As a party to the Settlement, the City has an interest in securing the public benefits provided by the Settlement. The City's approval of this Agreement provides an opportunity to facilitate one of the following public benefit opportunities: 4.1 Alternative 1: Acquisition by Trust for Public Land. Pursuant to the Settlement, Developer has granted the Trust for Public Land ("TPL")7 an option to purchase the Windward Property and, after exercise of the Goodell Option by Developer, the 6 As noted in Recital M, however, this Agreement shall not become "applicable" to the Development until the Certification Date.The Parties recognize that the Effective Date will occur before the Certification Date. Founded in 1972,TPL is a nationwide non-profit organization that acquires land from private owners and conveys it into public or non-governmental organization ownership for conservation or public park purposes. Since its inception,TPL has protected 3.3 million acres of land in over 5,400 separate acquisitions. 6 Goodell Property (the "TPL Option"). The TPL Option provides TPL eighteen months in which to raise the purchase funds. The TPL Option was originally set to expire in October 2017, but has since been extended to April 30, 2019. The Settlement allows Developer to apply for and pursue approval of the Required Approvals during the term of the TPL Option while TPL pursues acquisition funding. If TPL exercises the TPL Option, Developer will withdraw any pending applications for the Required Approvals. 4.2 Alternative 2: Preservation Opportunity / Limited Development. If the TPL Option expires without being exercised, then, after obtaining approval of the Required Approvals and before commencing the Development, Developer must first make the Windward and Goodell Conveyances for the benefit of the public as set forth in Section 5 below(the "Implementation Documents"). a. Windward and Goodell Conveyance Deed Restrictions. At the time and on the terms set forth in Chapter 5 of the Specific Plan, deed restrictions shall be recorded against the Windward Open Space Parcel and the Goodell Property permanently restricting each property to "Open Space and Conservation Uses" (the "Deed Restrictions"). For the purposes of this Agreement, "Open Space and Conservation Uses" shall mean and shall be limited to those "Open Space and Conservation Uses" set forth in Section 4.2 of the Specific Plan. 4.3 Windward Open Space Parcel Improvements. If Alternative 2 occurs, (i) Developer will improve the Windward Open Space Parcel with the public access amenities and habitat enhancement as identified in the Specific Plan and (ii) the homeowner's association for the Windward Residential Parcel shall maintain those improvements until the Windward Open Space Parcel has been formally conveyed to either a governmental agency or a Qualifying Non-Profit Organization. 4.4 City Property Improvements. If Alternative 2 occurs, Developer will (i) improve the City Property with the trails, signage, and landscaping identified in the Specific Plan and (ii) maintain those improvements until the maintenance responsibility is transferred to the Development's Homeowner's Association. 5. DEVELOPMENT OF THE WINDWARD PROPERTY. 5.1 Developer's Vested Right. Subject to the Reservations of Authority (see Section 5.7), Developer shall have the vested right to complete the Development to the full extent permitted under the Applicable Rules ("Developer's Vested Right"). Developer's Vested Right shall accrue and be applicable to the Development on the Certification Date. a. Limitation on Term of Developer's Vested Right. The sole reason that the City is entering into this Agreement is to benefit the public by facilitating (i) the Windward and Goodell Conveyances and (ii) the improvements and 7 maintenance of the City-owned Parcel and the Windward Open Space Parcel, in return for permitting development within the Windward Residential Parcel. As a result, the City has required assurances in this Agreement that Developer does not retain Developer's Vested Right if changes, other than "Minor Changes" (see Glossary of Defined Terms), to the Development are sought by Developer in the future.Therefore, if, after the LCPA has been certified and has become effective, the CDP has been approved, and all permits related to the CUP, the Map, and the CDP, such as grading, building, and similar ministerial permits, have been issued, Developer or any successor of Developer submits an application for an amendment to the LCP which proposes to alter the permitted uses of the Windward Residential Parcel, increase the density or intensity of uses on the Windward Residential Parcel, increase the maximum height or size of buildings permitted on the Windward Residential Parcel, or eliminate Developer's obligation to make the Windward and Goodell Conveyances, then Developer's Vested Right shall expire upon the submittal of that application. 5.2 Condition Precedent to Required Approvals Becoming "Operative." To assure that development of the Windward Residential Parcel may not occur without the Windward Owner first taking the actions needed to implement the open space objectives of the Specific Plan and Alternative 2 of the Settlement, the certified LCPA shall become operative only on the terms and conditions set forth in Chapter 5,Section 5.3, of the Specific Plan. 5.3 Timing of Recordation of Implementation Documents. The applicable Implementation Documents shall be signed and recorded and become effective only in the time, substance, and form set forth in Chapter 5, Section 5.4.2, of the Specific Plan as approved on the Approval Date (or with modifications acceptable to the City and Owner). 5.4 Timing of Permit Issuance. Prior to the LCPA becoming operative, the City may not issue any permits pursuant to Specific Plan, with the exception of permits for archaeological studies and archaeological grading. Permits for archaeological studies and archaeological grading may be issued at any time after certification of the LCPA. 5.5 Term of Development Approvals. a. The Map. Pursuant to Government Code Section 66452.6, the term of the Map shall be automatically extended by the Adopting Ordinance to the end of the Term and any future extension of the Term agreed upon by the Parties. b. Other Development Approvals. The expiration of all other Development Approvals shall be governed by applicable state law, including Government Code Section 65863.9, and, where permitted under state and local law, all 8 other Development Approvals shall be extended by the Adopting Ordinance for a term ending concurrently with the term of the Map. 5.6 Initiatives, Moratoria, and Referenda. As a Subsequent Land Use Regulation, any initiative or moratorium adopted after the Approval Date, no matter how enacted, shall not apply to the Development or the Windward Property without Developer's written consent unless otherwise ordered by a court of competent jurisdiction. Pursuant to Government Code Section 65867.5(a), this Development Agreement is a legislative act subject to referendum. 5.7 Reservations of Authority.The following rights are reserved to the City: a. City's Discretion Under Applicable Rules. In considering applications for a Subsequent Development Approval or Subsequent Land Use Regulation, the City may exercise its regulatory discretion to the extent permitted by the Applicable Rules. Pursuant to Government Code Section 65865.28, however, requirements for subsequent discretionary actions shall not prevent development of the Windward Property for the uses and to the density or intensity of development set forth in the Applicable Rules. b. Conflicting Emergency Regulations. The City may adopt emergency rules, regulations, laws, and ordinances within the City's police power that would limit the exercise of Developer's Vested Right ("Conflicting Emergency Regulations"), provided that the Conflicting Emergency Regulations: • result from a sudden, unexpected emergency declared by the President of the United States, Governor of California, or the Mayor, City Council, or City Manager of the City; • address a clear and imminent danger, with no effective reasonable alternative available that would have a lesser adverse effect on Developer's Vested Right; • do not primarily or disproportionately impact the Development; and • are based upon findings of necessity established by a preponderance of the evidence at a public hearing. Any action challenging the application of a Conflicting Emergency Regulation to the Windward Property or the Development shall be subject to de novo review by the court for compliance with the provisions of this Section. 8 GC 65865.2 provides, among other things, that a "development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement." 9 c. Development Fees. The City may impose upon Developer any development fees that are applicable to all development within the City at the rate and the time generally applicable to all such development ("Development Fees"). Development Fees include all taxes,fees, or other exactions charged by the City in connection with the development of land, including the application, processing, approval, and/or issuance of Development Approvals or Land Use Regulations. Development Fees include, but are not limited to, development impact fees imposed pursuant to California's Mitigation Fee Act. Other examples of Development Fees include inspection, plan check, utility capacity, service, connection, library, cultural enrichment, park, flood control, stormwater management, mitigation, and public facilities fees. d. Affordable Housing In-Lieu Fee. Section 230.26 of the Zoning Code requires that at least ten percent (10%) of all new residential construction shall be affordable units, except as provided elsewhere within Section 230.26. Section 230.26(6)(5) of the Zoning Code provides that the terms of a project's affordable housing requirement may be outlined in an applicable Specific Plan. The Windward Specific Plan provides for 36 residential units to be constructed on the Windward Residential Parcel. Pursuant to Sections 230.26(B)(1-2) of the Zoning Code, the affordable housing requirement for the Development is 3.6 units affordable to moderate-income households. Section 3.3.6 of the Specific Plan provides that this obligation may be satisfied through the payment of in- lieu fees. Therefore, the City and the Windward Owner are providing in this Agreement that prior to issuance of the first building permit for a residence within the Windward Residential Parcel, the Windward Owner shall pay in-lieu fees for all 36 units within the Development at the rate of $50,000 for each unit,for a total payment of$1,800,000. e. Suggested Modifications. Should the Commission suggest modifications to some or all of the LCPA pursuant to Public Resources Code Sections 30512 and/or 30513 (the "Suggested Modifications"): • This Agreement shall not require the City to agree to the Suggested Modifications if the Suggested Modifications make substantive changes to the LCPA as submitted to the Coastal Commission by the City which deprive the City of the public benefits set forth in Section 4 above; and • This Agreement shall terminate and shall not bind Developer if the Suggested Modifications are adopted by the City without the City first obtaining Developer's written concurrence with the Suggested Modifications. 5.8 Appeal of Administrative Decisions. Any decision of the Director or a City staff member with respect to this Agreement may be appealed to the Planning Commission. Planning Commission decisions may be appealed to the City Council. 10 5.9 Tentative Maps. Any Tentative Map approved for the Development shall comply with the provisions of Government Code Section 66473.7. 6. DEVELOPER DEFAULTS AND REMEDIES. 6.1 Periodic Review. The City shall periodically review Developer's good faith compliance with this Agreement pursuant to Government Code Section 65865.1 ("GC 65865.1") and Zoning Code Section 246.14 and consistent with the due process considerations set forth in Section 6.2 (the "Periodic Review"). 6.2 Due Process Considerations. Developer has committed through this Agreement to make the Windward and Goodell Conveyances before permits are issued to begin work on the Development. Developer would not have entered into this Agreement and made that commitment without assurances that Developer's Vested Right could not be terminated or modified without a fair and equitable Periodic Review process9 consistent with GC 65865.1, Zoning Code Section 246.14 and general principles of fairness and due process. Therefore, the following requirements shall apply to Periodic Reviews and any other review of or allegation of noncompliance pertaining to this Agreement: a. Modifications for Noncompliance. The terms of GC 65865.1 allow a local agency to terminate or modify a development agreement if a periodic review of compliance with the terms of the development agreement demonstrates noncompliance by the applicant/developer. The local agency's right to do so is stated in permissive, rather than mandatory, terms: "the local agency may terminate or modify the agreement."10 Therefore, as material consideration for entering into this Agreement, the Parties have agreed that, in the event of a finding of noncompliance, the City shall not modify the terms of this Agreement unless the modification has been agreed to by Developer, as provided in Government Code Section 65868. b. Standard of Evidence. GC 65865.111 contains permissive terms which allow a local agency to terminate a development agreement if a periodic review demonstrates, "on the basis of substantial evidence," that there has been noncompliance. The Parties recognize that the loss of Developer's Vested Right upon a showing of "substantial evidence" of noncompliance would be unfair and inequitable. Therefore, as material consideration for entering into this Agreement, the Parties have agreed that any City finding of Developer's noncompliance must be based upon the "preponderance of the evidence," as would be the case with other breach of contract actions under California law. 9 These considerations apply equally to any other process by which this Agreement is terminated or modified. 10 Subsection F of MC 246.14 contains the same permissive provision. 11 Subsection F of MC 246.14 contains the same permissive provision. 11 6.3 Mortgagee Default Protection. If a Mortgagee requests from the City a copy of any notice of default given to Developer, the City shall provide a copy of that notice to the Mortgagee within ten (10) calendar days after receiving the Mortgagee's request. The Mortgagee shall have the right, but not the obligation, to cure the Default during any cure period allowed Developer under this Agreement. 7. CITY DEFAULTS AND REMEDIES. 7.1 Notice of City Default. After the Certification Date, if Developer believes that the City has failed to honor Developer's Vested Right (a "City Default"), Developer shall submit to the City a written notice of default stating those obligations which Developer alleges have not been performed by City (a "Notice of City Default"). After receiving a Notice of City Default, the City shall promptly commence to cure the identified City Default at the earliest reasonable time after receipt of the Notice of City Default and shall complete the cure within thirty (30) calendar days after receipt of the Notice of City Default, or such longer period as is reasonably necessary to feasibly remedy the City Default. The City shall continuously and diligently pursue the cure until the cure is complete. In no event shall the cure period exceed one hundred twenty (120) calendar days. If the City disputes the existence of a City Default or whether the City has cured the City Default, either Party may seek declaratory relief from a court of law. 7.2 No Damages. Under no circumstances shall City be liable to Developer for damages, including, but not limited to, monetary damages, lost profits, out of pocket costs, and any other payment of any money, for a breach of this Agreement. Developer's sole remedies for breach of any provision of this Agreement shall be for declaratory relief,specific performance, and mandate. 8. MODIFICATION,AMENDMENT,CANCELLATION OR TERMINATION. 8.1 Amendment and Cancellation. Notwithstanding any other provision of this Agreement, this Agreement may be amended or canceled, in whole or in part, by mutual written consent of the City and Developer, subject to compliance with Government Code Sections 65867, 65867.5, and 65868. 8.2 Minor Changes. Pursuant to Zoning Code Section 246.18, the Director, with the written consent of Developer, may make changes to the Agreement without formal action by the City Council if those changes do not (i) modify the Term or the permitted uses, (ii) increase the density or intensity of uses or the maximum height or size of buildings, or (iii) modify the substantive provisions for reservations or dedication of land ("Minor Changes"). 9. OTHER LEGAL ACTIONS, REMEDIES,AND INDEMNIFICATION 12 9.1 Third-Party Actions. If a third-party action (a "Third-Party Action") is filed against the City with respect to this Agreement for any reason, including, but not limited to, (i) attacking, setting aside, voiding, or annulling the approval of this Agreement, (ii) challenging any of the Development's Development Approvals or Subsequent Development Approvals, or (iii) otherwise delaying, impeding, or impairing implementation of the Development, the Parties shall cooperate in the defense of that Third-Party Action. 9.2 Indemnification of City. With respect to any Third-Party Action, including an action challenging the sufficiency of environmental review and/or compliance with CEQA, Developer shall, at Developer's expense, defend, indemnify, and hold harmless City, its officers, employees, and independent contractors engaged in Development planning or implementation. Developer shall provide a defense to the City with counsel reasonably selected by Developer to defend both the City and Developer and shall reimburse the City for ANY costs which the City may be required to pay as a result of a Third-Party Action.The City may, in its sole discretion, participate in the defense of a Third-Party Action at its own expense, but, except for those defense costs, the City's participation shall not relieve Developer of the remainder of its indemnification obligations under this Section 9.2. 9.3 Effect on Development.The filing of a Third-Party Action shall not excuse, delay, or stop the Development in any manner, including the processing or construction of the Development, approval of Subsequent Development Approvals, or issuance of ministerial approvals by the City, unless the third party obtains a court order preventing the activity or invalidating this Agreement.The City shall not stipulate to the issuance of any such order without Developer's prior written consent. 10. NOTICES. All notices, demands, and correspondence required or permitted by this Agreement (collectively, "Notices") shall be in writing. Notices shall be either personally delivered or sent by registered or certified mail or overnight mail service. Notices shall be deemed received upon personal delivery or on the second business day after registered, certified,or overnight mailing. Notices shall be addressed as follows: City or Developer may change its address by giving written Notice to the other Party. Thereafter, Notices shall be addressed and transmitted to the new address. If to City,to: If to Developer,to: With a Copy to: City of Huntington Beach Signal Landmark,Inc. Tim Paone 2000 Main Street 27271 Las Ramblas Cox,Castle& Nicholson Huntington Beach,CA 92648 Suite 100 3121 Michelson Drive 92648 Mission Viejo,CA 92692 Suite 200 Attn:City Manager Irvine,CA 92612 13 11. ENCUMBRANCES,ASSIGNMENTS,TRANSFERS,AND RELEASES 11.1 Discretion to Encumber. Developer may, in its sole discretion, encumber some or all of the Windward Property or improvements on the Windward Property with a Mortgage. 11.2 Mortgagee Protection. If a Mortgagee in possession of the Windward Property requests Minor Changes, City shall meet with Developer and the Mortgagee to negotiate in good faith the requested Minor Changes. City will not unreasonably withhold or delay its consent to a requested Minor Change if the Minor Change is consistent with the intent and purposes of this Agreement. The following terms apply to all Mortgages: a. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish,or impair the lien of any Mortgage. b. Except as otherwise provided within this Agreement, a Mortgagee who takes possession of some or all of the Windward Property shall take the property subject to this Agreement, including the provision that Developer cannot begin any work on the Development without first making the Windward and Goodell Conveyances. 11.3 Assignment. If Developer sells or otherwise conveys (an "Assignment") all or a portion of Developer's interest in the Windward Property (the "Transferred Property"), the assignee of that Assignment (the "Assignee") shall be subject to all provisions of this Agreement previously applicable to Developer with respect to the Transferred Property, including, but not limited to, Developer's obligations set forth in Section 5.2 as conditions precedent to the City's submittal of its application for certification of the LCPA. The Assignee shall have no obligations with respect to portions of the Windward Property not transferred ("Retained Property"). Developer shall remain liable for performance of Retained Property obligations, including, but not limited to, Developer's obligations set forth in Section 5.2 as conditions precedent to the City's submittal of its application for certification of the LCPA, but shall have no further obligations with respect to the Transferred Property. 11.4 City's Consent to Assignment. The City's consent to an Assignment shall not be required except under the following circumstance: If the Transferred Property is sold to an Assignee before Developer has exercised the Goodell Option, then the Assignee shall not obtain Developer's rights under this Agreement unless the City has first consented to the Assignment. The sole basis for the City's refusal to grant that consent, however, shall be that, in the reasonable and objective exercise of the City's judgment, both (i)the Assignee does not possess the financial capacity to exercise the Goodell Option and (ii) adequate security has 14 not otherwise been offered to the City to assure that the Goodell Option can be exercised so that the Goodell Conveyance can be made when and if the Required Approvals have been granted and Developer elects to implement development of the Windward Property as provided in this Agreement. If Developer requests the City's consent to such an Assignment, the City's consent shall be deemed granted unless the City has refused in writing to give that consent within thirty(30) days after receiving written request for consent from Developer. 12. MISCELLANEOUS PROVISIONS. 12.1 Cooperation. The Parties shall cooperate in good faith to assist each other in the performance of the provisions of this Agreement. 12.2 Recordation. The City Clerk shall cause a copy of this Agreement to be recorded against the Windward Property with the County Recorder within ten (10) calendar days after the Effective Date. The failure of the City to sign and/or record this Agreement shall not affect the validity of this Agreement. 12.3 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 12.4 No Third Party Beneficiaries. No person or entity other than the City and Developer shall have any right of action based upon any provision of this Agreement. 12.5 Entire Agreement.This Agreement represents the entire and final agreement of the Parties with respect to the subject matter of this Agreement. 12.6 Litigation Expenses. In any litigation between the Parties related to this Agreement, each of the Parties shall bear its own attorneys'fees and other expenses incurred in that proceeding. 12.7 Waiver. All waivers of performance must be in a writing signed by the Party granting the waiver. Failure by a Party to insist upon the strict performance of any provision of this Agreement shall not be a waiver of future performance of the same or any other provision of this Agreement. 12.8 Delay for Events Beyond the Parties' Control. Performance by either Party of its obligations under this Agreement shall be excused and the Term shall be extended for periods equal to the time during which (i) litigation is pending which challenges any matter, including compliance with any other local, state, or federal law, related to the approval or implementation of the Development or (ii) a delay in a Party's performance is caused by any event beyond the control of that Party. Examples of such events include acts of nature, newly-enacted federal or state laws or regulations, judicial actions such as the issuance of restraining orders and injunctions, riots, strikes, and damage to work in process by reason of fire, mud, 15 rain, floods, earthquake, or other such casualties. With respect to litigation, extensions shall be equal to the time between the filing of the action and the entry of final judgment or dismissal after the conclusion of all appeals and/or the expiration of all time periods during which an appeal could be brought. All extensions under this Section 12.8 shall be cumulative. A Party seeking excuse from performance under this Section shall provide written Notice to the other Party within thirty (30) calendar days after becoming aware of the delay. Either Party may file an action for judicial review of any requested excuse from performance. 12.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 12.10 Interpretation. This Agreement has been prepared jointly by both Parties and shall not be interpreted or construed against either Party as the preparer. 12.11 Estoppel Certificate. During the Term, either Party may request from the other an "Estoppel Certificate"certifying that: a. This Agreement is unmodified and in full force and effect; or b. There have been specific (date and description) modifications to the Agreement, but it remains in full force and effect as modified. The Estoppel Certificate shall also certify one of the following, if requested: c. There are no known current uncured Defaults; or d. There are specific(date, description, and status) Defaults which exist. Within ten (10) business after receiving the request, the responding Party shall deliver the completed Estoppel Certificate to the requesting Party. Estoppel Certificates shall provide any other reasonable information requested. A failure to timely deliver an Estoppel Certificate shall create a conclusive presumption that this Agreement is in full force and effect without modification or Default. Developer shall pay City for City's reasonable costs incurred in issuing Estoppel Certificates. 12.12 Governing Law and Venue. This Agreement shall be governed and interpreted in accordance with the laws of the State of California. Venue for any litigation concerning this Agreement shall be in Orange County, California. Developer and City have executed this Agreement on the dates set forth below. SIGNATURE PAGE TO BE ADDED ACKNOWLEDGMENTS TO BE ADDED 16 SIGNAL LANDMARK, INC., a California corporation C6By: .. ' Name: e .A Title: C. Fe) Dated: 9._ 17..,AI,� 17 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. STATE OF CQ\kcOc r .1 a ) ss: COUNTY OF OiqfyQ\ 2 On 9,-a.G , 2018 before me, 1\ e,\\ r`\PA\VIAI !- b D ill ` C h Notary Public (insert name and titl4 of the officer), personally appeared e.dy\ , who proved to me on the basis of satisfactory evidence to be the`` erson(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/9he/they executed the same in his/laa� r/t-heir authorized capacity(ies), and that by his/her/* signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature:A d,G, k M%Chell�K.mtberl.I [Seal] 1414.146.'""1". .°464"14"1"6-461.1, E K MBERLV 00iG Commission#2241151 Notary Public•Calrfwnia 4 / Q nngc County :;-i,• My COMM :xpires MAY 4,2022- 18 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California MAYOR Er Pe-Ferst 1, Dated: P/4/ 2 aP( ATTEST: APPROVED AS TO FORM: City Clerk Rd-din -5-i'ctrti 5tOtti City A orney Michael E. C►- es Dated: /774 , 7D ted: �\ 19 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On January 9, 2019 before me, P. L. Esparza, Notary Public, personally appeared Robin Estanislau and Erik Peterson who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. P.L.ESPARZA WITNESS my hand and official seal. � Notary Public-California Orange County f^ Commission#2204197 My Comm.Expires Aug 4,2021 Y—.9X (Seal) (Notary Sig ure) P.L. Espc1(za. GLOSSARY OF DEFINED TERMS Within this Agreement, the following defined terms have the meanings set forth below: 1. "Adopting Ordinance" means City Ordinance No.4113 pproving this Agreement. 2. "Agreement" means this Development Agreement. 3. "Applicable Rules" means the Required Approvals, the Existing Land Use Regulations, this Agreement, the Subsequent Land Use Regulations to which Developer has consented in writing, and Subsequent Development Approvals. 4. "Approval Date" means the,date of the first reading of the Adopting Ordinance. 5. "Assignee" means the person or entity to whom Developer transfers Developer's interest in all,any portion of, or any interest in the Windward Property. 6. "Assignment" means the sale, transfer, or assignment of Developer's rights and obligations under this Agreement in connection with a transfer of Developer's interest in all, any portion of, or any interest in the Windward Property. 7. "BCLT" means the Bolsa Chica Land Trust. 8. "Certification Date" means the date that the certification of the LCPA by the Coastal Commission becomes final. 9. "CDP" means Coastal Development Permit No. 16-018 for the Development, which will not be acted upon by the City Council until after certification of the LCPA. 10. "CEQA" means the California Environmental Quality Act. 11. "CEQA Review" means the evaluation by the City of the Settlement Program's potential environmental impacts pursuant to CEQA. 12. "City" means the City of Huntington Beach, California. 13. "City Approvals" means the approval of Local Coastal Program Amendment No. 16-002 (the "LCPA"), consisting of General Plan Amendment No. 16-002 (the "GPA"), Zoning Text Amendment No. 16-004 for Specific Plan No. 16 (the "Specific Plan"), and Zoning Map Amendment No. 16-003 (the "Zoning Map Amendment"). 14. "City Council" means the City Council of the City. 15. "City Property" means the thirty-foot strip of land identified on Exhibit "B" as the "City- Owned Parcel" and located north of the Windward Property. 16. "Coastal Commission" means the California Coastal Commission. G-1 17. "Conflicting Emergency Regulations" means those emergency rules, regulations, laws, and ordinances within the City's police power that would limit the exercise of Developer's Vested Right and fall within the descriptions set forth in Section 5.6b. 18. "CUP" means Conditional Use Permit No. 16-035 for the Development(the "CUP"). 19. "Deed Restrictions" means the recorded use restrictions limiting the Windward Open Space Parcel and the Goodell Property, respectively, to Open Space and Conservation Uses. 20. "Developer" means Signal Landmark, Inc., a California corporation. 21. "Developer's Vested Right" means Developer's right to complete the Development in accordance with the Applicable Rules, as more specifically set forth in Section 5. 22. "Development" means Developer's proposed medium density residential neighborhood within the Windward Residential Parcel to the extent authorized by the Applicable Rules. 23. "Development Approvals" means all permits, certificates, approvals, and other entitlements approved or issued by the City for construction, marketing, use, occupancy, and/or development of or on the Windward Residential Parcel. For the purposes of this Agreement, Development Approvals shall be deemed to include, but are not limited to, the following actions, including revisions, addenda, amendments, and modifications to these actions: • This Agreement; • Coastal Development Permits; • Tentative Maps, Final Maps, parcel maps, and any other approvals required by or permitted under the Subdivision Map Act and/or the City's subdivision ordinance; • Conditional use permits, use permits, temporary use permits, and site development permits; • Variances and waivers of development standards; • Grading, excavation, building, and other construction-related permits; • Certificates of compliance and/or lot line adjustments; • Street, drainage, utility, stormwater, and landscape permits; • Encroachment permits; • Occupancy permits; and • Environmental review documents for the Settlement Program. G-2 24. "Development Fees" means all taxes, fees, or other exactions charged by the City in connection with the development of land, including the application, processing, approval, and/or issuance of Development Approvals or Land Use Regulations. Development Fees include, but are not limited to, development impact fees imposed pursuant to California's Mitigation Fee Act. Other examples of Development Fees include inspection, plan check, utility capacity, service, connection, library, cultural enrichment, park, flood control, stormwater management, mitigation, and public facilities fees. 25. "Director" means the Director of Community Development of the City. 26. "Effective Date" means the date on which the Adopting Ordinance has become effective as provided by California law. 27. "Estoppel Certificate" means a written statement issued pursuant to Section 12.11. 28. "Exhibit" means an exhibit to this Agreement, unless otherwise expressly stated. 29. "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date, including those Required Approvals which are Land Use Regulations. However, changes to Land Use Regulations adopted (as opposed to becoming effective) between the Approval Date and the Effective Date shall not be considered part of the Existing Land Use Regulations without Developer's prior written consent. Developer shall be deemed to have consented to those Required Approvals which, though approved on the Approval Date,are not effective until the Effective Date. 30. "Final Map" means a final parcel map or final tract map for the Development, as defined in the Subdivision Map Act and the Zoning Code. 31. "General Plan" means the General Plan of the City in effect on the Approval Date and as amended through the GPA. 32. "Goodell Conveyance" means the conveyance of the Goodell Property to either a governmental agency or a Qualifying Non-Profit Organization, such as the BCLT, acceptable to the City,for Open Space and Conservation Uses. 33. "Goodell Option" means Developer's option to acquire the Goodell Property as described in Section 4. 34. "Goodell Property" means the approximately 6.2-acre parcel designated on Exhibit B as the "Goodell Property." 35. "GPA" means the amendment of the General Plan through the City Council's adoption of General Plan Amendment No. 16-002 for the Windward Property. 36. "Implementation Documents" means those documents needed to complete the Windward and Goodell Conveyances, as well as the Deed Restrictions. G-3 37. "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations, moratoria, initiatives,12 and official policies of the City governing the development and use of land, including, without limitation, the General Plan and each of its elements (including the Coastal Element), zoning ordinances, subdivision ordinances (but not Tentative or Final Maps, which are Development Approvals), specific plans, and their respective amendments. Land Use Regulations govern, among other things, the permitted use of land,the density or intensity of use, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement, construction, and initial occupancy standards and specifications applicable to the Development. Land Use Regulations do not include any City ordinance, resolution, code, rule, regulation or official policy governing: • The conduct or taxation of businesses, professions, and occupations applicable to all businesses, professions, and occupations in the City; • Taxes and assessments of general application upon all residents of the City, provided that the taxes and assessments are not imposed for the purpose of taxing the right, power or privilege of developing or improving land (e.g., excise tax) or to directly finance the acquisition or dedication of open space or any other public improvement for which Developer is paying any fee (directly or through an assessment or similar financing district) or providing any improvement pursuant to this Agreement;or 38. "LCPA" means Local Coastal Program Amendment No. 16-002, as approved by the City and certified by the Coastal Commission on terms acceptable to Developer, and consisting of (1) an amendment to the Coastal Element of the City's General Plan which functions as the Land Use Plan portion of the LCP, and (2) the "Windward Specific Plan," comprised of a Zoning Text Amendment and a Zoning Map Amendment to the Implementation Plan portion of the Local Coastal Program. 39. "Map" means Tentative Tract Map No. 18060 for the Windward Property which was approved by the City Council on the Approval Date. 40. "Minor Changes" means any change to the Development that does not modify the Term, alter the permitted uses, increase the density or intensity of uses, increase the maximum height or size of buildings, or eliminate Developer's obligation to make the Windward and Goodell Conveyances. 41. "Mortgage" means any mortgage, deed of trust,or other security device recorded against some or all of the Windward Property or improvements to the Windward Property for the purpose of securing a debt or other obligation. 12 Because initiatives and moratoria, no matter how enacted, are legislative acts,they are Land Use Regulations. Therefore,any initiative or moratorium adopted after the Approval Date, no matter how enacted, is,for purposes of this Agreement,a Subsequent Land Use Regulation. G-4 42. "Mortgagee" means a mortgagee of a Mortgage, a beneficiary under a deed of trust or any other security device, a lender, and their successors and assigns. 43. "Notice" means any notice, demand, or correspondence required or permitted by this Agreement. 44. "Open Space and Conservation Uses" means, and is limited to, pedestrian trails, observation areas and platforms, interpretive signs and displays, native landscaping, trail fencing, habitat restoration, any additional uses set forth in the Mitigation Plan prepared pursuant to Consent Cease and Desist Order No. CCC-12-CD-01 and Consent Restoration Order No. CCC-12-RO-01, both approved by the Coastal Commission on September 11, 2013, and any other open space, resource protection, and conservation uses that are later approved through an amendment of the LCP approved by the City and certified by the Coastal Commission. 45. "Party" or "Parties" means either City or Developer or both, as determined by the context. 46. "Periodic Review" means the review by the City of Developer's good faith compliance with the terms of this Agreement pursuant to Section 6. 47. "Planning Commission" means the Planning Commission of the City. 48. "Project Grading Permit" means grading permits for the development of the Windward Residential Parcel (this is not intended to include permits related to studies, surveys, or architectural grading). 49. "Qualifying Non-Profit Organization" means a non-profit 501(c)3 organization that is BCLT or an accredited Land Trust. 50. "Required Approvals" means the following: • City approvals: a) Approval of Local Coastal Program Amendment No. 16-002 (the "LCPA"), consisting of General Plan Amendment No. 16-002 (the "GPA") and Specific Plan No. 16, adopted through the approval of Zoning Map Amendment No. 16-003 and Zoning Text Amendment No. 16-004(the "Specific Plan"). b) Approval of and entry into this Agreement;and c) Approval of Coastal Development Permit No. 16-018 (the "CDP"), consisting of Conditional Use Permit No. 16-035 (the "CUP") and Tentative Tract Map No. 18060 (the "Map"). • Coastal Commission actions: a) Certification of the LCPA, consisting of (1) an amendment to the Coastal Element of the City's General Plan which functions as the Land Use Plan portion of the LCP, and (2) the "Windward Specific Plan," comprised of a Zoning Text Amendment and a G-5 Zoning Map Amendment to the Implementation Plan portion of the Local Coastal Program;and b) To the extent, if any, required by Government Code Section 65869, approval of this Agreement. 51. "Retained Property" means any portion of the Windward Property not included within an Assignment, as set forth in Section 11.3. 52. "Section" refers to a numbered section of this Agreement, unless specifically stated to refer to another document or matter. 53. "Settlement" means the April 2016 settlement of litigation between Developer, the City, and the BCLT related to the City's approval in 2010 of a project known as "The Ridge" which was proposed for the Windward Property. 54. "Settlement Program" means the Windward Conveyance, the Goodell Conveyance, and the Development, collectively and to the full extent permitted by the Applicable Rules. 55. "Specific Plan" means Specific Plan No. 16 for the Windward Property, including future amendments to which Developer has consented in writing.The Specific Plan was adopted pursuant to Zoning Map Amendment No. 16-003 and Zoning Text Amendment No. 16- 004. 56. "Subsequent Development Approvals" means all Development Approvals to which Developer has consented and which are approved, granted, or issued for the Development on or after the Approval Date, including, but not limited to, the CUP, the Map, and the CDP. 57. "Subsequent Land Use Regulations" means those Land Use Regulations which are both adopted and effective after the Approval Date and which are not included within the definition of Existing Land Use Regulations. "Subsequent Land Use Regulations" include any Land Use Regulations adopted by moratorium, initiative,City action, or otherwise. 58. "Tentative Map" means a tentative parcel map or tentative tract map, as defined in the Subdivision Map Act and the Zoning Code,for the Development. 59. "Term" means the term of this Agreement as set forth in Section 3. 60. "Third-Party Action" means any legal action, including appellate review, which is brought with respect to this Agreement by a person or entity other than one of the Parties, including, but not limited to, a governmental entity or official. 61. "TPL" means the Trust for Public Land. 62. "TPL Option" means the option agreement entered into between Developer and the Trust for Public Land for the purchase of the entire Windward Property and the Goodell Property, subject to the contingencies contained in the Settlement. G-6 63. "Transferred Property" means all or that portion of the Windward Property which is the subject of an Assignment by Developer. 64. "Windward Conveyance" means the conveyance of that portion of the Windward Property other than the Windward Residential Parcel to either a governmental agency or a Qualifying Non-Profit Organization, such as the BCLT, acceptable to the City, for Open Space and Conservation Uses. 65. "Windward Open Space Parcel" means that portion of the Windward Property identified as the "Windward Open Space Parcel" on Exhibit B. 66. "Windward Property" means the approximately 5-acre parcel of land which is more particularly described in Exhibit A and depicted as the "Windward Property" on Exhibit B. 67. "Windward Residential Parcel" refers to that portion of the Windward Property designated on Exhibit B as"Windward Residential Parcel." 68. "Zoning Code" means the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). 69. "Zoning Map Amendment" means Zoning Map Amendment No. 16-003. G-7 EXHIBIT B DEPICTION OF THE WINDWARD PROPERTY, THE WINDWARD RESIDENTIAL PARCEL, THE WINDWARD OPEN SPACE PARCEL, AND THE GOODELL PROPERTY Windward Development Agreement Exhibit 13 City of Huntington Beach, I I I tcn,ti� o..... n... e.r.v..� r. -.c _ vw.uue..v . r...w.... ..e.....w.�..w..... ._ ,a MR