HomeMy WebLinkAboutCity Council - 2021-01 RESOLUTION NO. 202 1-01
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (SCH#2017101041)
FOR THE MAGNOLIA TANK FARM PROJECT
WHEREAS, Environmental Impact Report No. 17-001, State Clearinghouse
#2017101041 ("EIR") was prepared by the City of Huntington Beach ("City") to address the
environmental implications of the proposed Magnolia Tank Farm Project (the "Project"); and
• On October 19, 2017 a Notice of Preparation for the Project was distributed to the State
Clearinghouse, other responsible agencies, trustee agencies and interested parties; and
• After obtaining comments received in response to the Notice of Preparation, the City
completed preparation of the Draft EIR and filed a Notice of Completion with the State
Clearinghouse on December 17, 2018; and
• The Draft EIR was circulated for public review and comment from December 17, 2018 to
March 18, 2019 and was available for review at several locations including Community
Development Department, City Clerk's Office, Banning Library, and the City's website;
and
• On October 22, 2019 the Planning Commission held a public meeting on the EIR and
certified the EIR as adequate and complete; and
WHEREAS,public comments have been received on the Draft EIR, and responses to those
comments have been prepared and provided to the City Council; and
WHEREAS,Public Resources Code 21092.5(a)requires that the City of Huntington Beach
provide a written response to any public agency that commented on the Environmental Impact
Report, and the Response to Comments included in the Final Environmental Impact Report
satisfies this provision; and
WHEREAS, the City Council held a public meeting on the EIR on January 19 , 2021
and received and considered public testimony.
NOW, THEREFORE, the City Council of the City of Huntington Beach
does hereby resolve as follows:
SECTION 1. Consistent with CEQA Guidelines Section 15132, the Final EIR for the
Project is comprised of the Draft EIR and Appendices, the comments received on the Draft EIR,
the Responses to Comments (including a list of persons, organizations, and public agencies
commenting on the Draft EIR), the Text Changes to the Draft EIR (bound together with the
Responses to Comments) and all Community Development Department Staff Reports to the City
Council, including all minutes, transcripts, attachments and references. All of the above
19-7923/241000 1
Resolution No. 2021-01
information has been and will be on file with the City of Huntington Beach Department of
Community Development, 2000 Main Street, Huntington Beach, California 92648.
SECTION 2. The City Council finds and certifies that the Final EIR is complete and
adequate in that it has identified all significant environmental effects of the Project and that there
are no known potential environmental impacts not addressed in the Final EIR.
SECTION 3. The City Council finds that although the Final EIR identifies certain
significant environmental effects that will result if the Project is approved, all significant effects
which can feasibly be mitigated or avoided have been mitigated or avoided by the incorporation
of project design features, standard requirements, and by the imposition of mitigation measures on
the approved Project. All mitigation measures are included in the "Mitigation Monitoring
Reporting Program" attached as Exhibit A to this Resolution and incorporated herein by this
reference.
SECTION 4. The City Council finds that the Final EIR has described reasonable
alternatives to the Project that could feasibly obtain the basic objectives of the Project, even when
these alternatives might impede the attainment of Project objectives. Further, the City Council
finds that a good faith effort was made to incorporate alternatives in the preparation of the Draft
EIR and that a reasonable range of alternatives was considered in the review process of the Final
EIR and ultimate decisions on the Project.
SECTION 5. The City Council finds that no "substantial evidence" (as that term is
defined pursuant to CEQA Guidelines Section 15384) has been presented that would call into
question the facts and conclusions in the EIR.
SECTION 6. The City Council finds that no "significant new information" (as that term
is defined pursuant to CEQA Guidelines Section 15088.5) has been added to the Final EIR after
circulation of the Draft EIR. The City Council finds that the minor refinements that have been
made to the Project as a result of clarifications in the mitigation measures and EIR text do not
amount to significant new information concerning the Project, nor has any significant new
information concerning the Project become known to the City Council through the public hearings
held on the Project, or through the comments on the Draft EIR and Responses to Comments.
SECTION 7. The City Council finds that the Mitigation Monitoring Reporting Program
establishes a mechanism and procedures for implementing and verifying the mitigations pursuant
to Public Resources Code 2108.6 and hereby adopts the Mitigation Monitoring Reporting
Program. The mitigation measures shall be incorporated into the Project prior to or concurrent
with Project implementation as defined in each mitigation measure.
SECTION 8. The City Council finds that the Final EIR reflects the independent review
and judgment of the City of Huntington Beach City Council, that the Final EIR was presented to
the City Council, and that the City Council reviewed and considered the information contained in
the Final EIR prior to approving General Plan Amendment No. 17-001, Zoning Map Amendment
No. 17-001, Zoning Text Amendment No. 17-005, Local Coastal Program Amendment No. 17-
001, and Development Agreement No. 19-001 (Magnolia Tank Farm).
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Resolution No. 2021-01
SECTION 9. The City Council finds that the Final EIR serves as adequate and appropriate
environmental documentation for the Project. The City Council certifies that the Final EIR
prepared for the Project is complete, and that it has been prepared in compliance with the
requirements of the California Environmental Quality Act and CEQA Guidelines.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held o nuw.v/y, 2021.
Mayor
ATTES q4� APPROVED A F
City Clerk Ci y orney AV
MErl) APPROVED: IN TIATED AN PRROOVED:
City Manager Director of Community Development
Exhibit A: Mitigation Monitoring Reporting Program
19-7923/211419 3
Resolution No. 2021-01
Exhibit"A"
Exhibit A
Mitigation Monitoring and Reporting
Program for
Final Program Environmental Impact Report
Magnolia Tank Farm Project
SCH No. 2017101041
City of Huntington Beach
Community Development Department
2000 Main Street
Huntington Beach, CA 92648
Contact: Ricky Ramos
rramos@surfcity-hb.gov
714.536.5624
October 2019
Mitigation Monitoring and Reporting Program for
Final Program Environmental Impact Report
Magnolia Tank Farm Project
SCH No. 2017101041
October 2019
Lead Agency:
CITY OF HUNTINGTON BEACH
Community Development Department
2000 Main Street
Huntington Beach, CA 92648
Contact:
Ricky Ramos
Prepared by:
Psomas
3 Hutton Centre Drive, Suite 200
Santa Ana, California 92707
Mitigation Monitoring and Reporting Program
TABLE OF CONTENTS
Section Pape
Mitigation Monitoring and Reporting Program................................................................................1
1.1 Introduction........................................................................................................................... 1
1.2 Mitigation Monitoring Procedures.............................................................................. 1
1.3 Mitigation Monitoring and Reporting Program..................................................... 1
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ACRONYM LIST
The following are acronyms used in the Mitigation Monitoring and Reporting Matrix:
A
AES Aesthetics
APN Assessor's Parcel Number
AQ Air Quality
B
BIO Biological Resources
BMP Best Management Practice
C
CALGreen California Green Building Standards
CC Coastal Conservation
CCR California Code of Regulation
CC&Rs Covenants,Conditions,and Restrictions
CEQA California Environmental Quality Act
CFC California Fire Code
City City of Huntington Beach
CNEL Community Noise Equivalent Level
Council City of Huntington Beach City Council
CULT Cultural Resources
CURMP Citywide Urban Runoff Management Plan
CV Commercial Visitor
D
DAMP Drainage Area Management Plan
dBA A-weighted decibels
DOGGR Division of Oil,Gas,and Geothermal Resources
DTSC Department of Toxic Substances Control
E
EIR Environmental Impact Report
F
Final Program Final Program EnvironmentallmpactReport, Magnolia Tank Farm Project
EIR (2019)
G
GEO Geology and Soils
GHG Greenhouse Gas
H
HAZ Hazards and Hazardous Materials
HAZWOPERE Hazardous Waste Operations and Emergency Response
HBZSO Huntington Beach Zoning and Subdivision Ordinance
HOA Homeowners Association
HWQ Hydrology and Water Quality
L
Leq Interior Average Hourly Noise Level
LIP Local Implementation Plan
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LU Land Use and Planning
LUC Land Use Covenant
M
MLD Most Likely Descendent
MM Mitigation Measure
MMRP Mitigation Monitoring and Reporting Program
MUTCD Manual on Uniform Traffic Control Device
N
NAHC Native American Heritage Commission
NOI Noise
NOI Notice of Intent
NPDES National Pollutant Discharge Elimination System
0
OCFCD Orange County Flood Control District
OS-PR Open Space-Park and Recreation
P
PA Planning Area
PA 2A Marsh Park
PA 2C Magnolia Park
PDF Project Design Feature
PI Private Institution
POA Property Owners Association
Program Mitigation Monitoring and Reporting Program
PS Public Services
R
RBTC Risk-Based Target Concentration
REC Recreation
RM Residential Medium
RR Regulatory Requirement
S
SWPPP Storm Water Pollution Prevention Plan
T
TCR Tribal Cultural Resources
TRAN Transportation/Traffic
U
UTIL Utilities and Service Systems
W
WDID Waste Discharge Identification
WDR Waste Discharge Requirement
WQMP Water Quality Management Plan
S
SCAQMD South Coast Air Quality Management District
SR State Route
T
TRAN Transportation and Traffic
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MITIGATION MONITORING AND REPORTING PROGRAM
1.1 INTRODUCTION
In accordance with the requirements of Section 21081.6 of the California Public Resources Code,
and as part of its certification of the adequacy of Final Program Environmental Impact Report
(Final EIR) for the Magnolia Tank Farm Project, the City Council (Council) of the City of
Huntington Beach (City) adopts the following Mitigation Monitoring and Reporting Program
(MMRP or Program). The Council adopts this MMRP in its capacity as the lead agency for Final
Program EIR in accordance with the provisions of the California Environmental Quality Act
(CEQA) (California Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines
(California Code of Regulations, Title 14,Section 15000 et seq.).
The principal purpose of the MMRP is to ensure that the Council-approved mitigation measures
and development requirements for the adopted Project are reported and monitored to ensure
compliance with the measures' requirements. In general, City of Huntington Beach, Community
Development Department is responsible for overseeing implementation and completion of the
adopted measures.This includes the review of all monitoring reports,enforcement actions,and
document disposition, unless otherwise noted in the attached MMRP Table. However, the
Council retains overall responsibility for verifying implementation of all adopted mitigation
measures.
1.2 MITIGATION MONITORING PROCEDURES
The City is the designated lead agency for the MMRP.The Community Development Department
is responsible for reviewing all monitoring reports, enforcement actions, and document
disposition,unless otherwise noted in the MMRP Table.
1.3 MITIGATION MONITORING AND REPORTING PROGRAM
The MMRP is provided in tabular format to facilitate effective tracking and documentation of the
status of regulatory requirements and mitigation measures.The attached MMRP Table provides
the following monitoring information:
• Regulatory Requirements. The text of all adopted Regulatory Requirements for the
Project from Final Program EIR.
• Mitigation Measures. The text of all adopted mitigation measures for the Project from
Final Program EIR.
• Responsible for Implementation. The Project Applicant or designated representative
is the responsible party for implementing the measure,and the City of Huntington Beach
or a designated representative is responsible for monitoring implementation of the
measure,unless noted differently.
• Timing of Mitigation. A time frame is provided for performance of the mitigation
measure,and the points selected are designed to ensure that impact-related components
do not proceed without establishing that the mitigation is implemented.
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• Responsibility for Monitoring. The City Department(s) or other public agency(ies)
responsible for overseeing the implementation and completion of each measure.
• Completion Date. The date the measure is completed.This column of the MMRP Table
is to be filled in by the approving/verifying authority at a later date. Upon completion,
the MMRP and associated documentation will be kept on file at the City of Huntington
Beach Community Development Department,Planning Division.
1.4 PROJECT LOCATION
The 28.9-acre Magnolia Tank Farm project site is located at 21845 Magnolia Street, on the west
side of Magnolia Street at Banning Avenue in the southeastern area of Huntington Beach in
western Orange County,California.The City of Huntington Beach (City) occupies approximately
27.3 square miles of land area, and it is surrounded by the cities of Westminster to the north;
Seal Beach to the northwest; Fountain Valley to the east; and Costa Mesa to the southeast. The
Pacific Ocean borders the City to the west. Regional access to the City is provided by Interstate
405 to the north; State Route 1 or Pacific Coast Highway to the west; State Route 39 or Beach
Boulevard, which bisects the City running north to south; and State Route 55 or Costa Mesa
Freeway to the east. Local access is from Magnolia Street with Hamilton Avenue and SR-1 being
the nearest east-west access routes.
1.5 PROJECT DESCRIPTION SUMMARY
The proposed Project would redevelop the project site with a mixed-use development comprised
of a lodge/guest-house accommodations, ancillary and visitor-serving retail and dining, and
residential units. The proposed Project consists of four planning areas: Planning Area 1 (PA 1)
or Coastal Conservation (CC); Planning Area 2 (PA 2) or Open Space-Park and Recreation (OS-
PR); Planning Area 3 (PA 3) or Residential (RM); and Planning Area 4 (PA 4) or Commercial
Visitor(CV).A discussion of the planning areas is provided below.
Under the proposed Project, the Specific Plan will establish a land use plan, development
standards and guidelines to allow for the creation of the proposed mixed-use development
comprised of a 211,000 square-foot lodge/guest-house accommodations with a maximum of 215
rooms,including 175 guest rooms and family/group overnight accommodations with 40 rooms,
19,000 square feet of ancillary and visitor-serving retail and dining, and up to 250-unit for-sale
residential units (at 15 dwelling units per acre).Additionally,the proposed Project includes 2.8
acres of Coastal Conservation area adjacent to Magnolia Marsh and 2.8 acres of park.
The proposed Project includes various on-and off-site infrastructure improvements to facilitate
the development.These improvements include,but are not limited to,the installation of potable
water lines, storm water detention and conveyance systems, electrical lines, phone lines, gas
lines,and sanitary sewers.The precise location of necessary infrastructure improvements would
be determined as part of the final design process and coordination with the service providers.
All infrastructure improvements are expected to be within the proposed development areas,
properties that were previously developed and/or disturbed,or within existing public rights-of-
way.
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1.S.1 PLANNING AREA 1 - COASTAL CONSERVATION
PA 1,the CC area,is designed to create upland habitat that functions as a buffer to the Magnolia
Marsh, which is an environmentally sensitive habitat area and would include a public trail and
interpretive signage. This component of the proposed Project extends from the southwestern
property line, 70 feet inland along the entire length of the site's southwesterly boundary,
adjacent to the 145-foot wide Orange County Flood Control District (OCFCD) property, which
includes the Huntington Beach Channel. Combined,the OCFCD property and the CC area would
provide a 215-foot setback from Magnolia Marsh. The OCFCD property east of the channel
currently provides a maintenance access road and does not provide any habitat value.The design
features of this area were developed in consultation with the Huntington Beach Wetlands
Conservancy.
Currently, there are three barriers, both natural and man-made, between Magnolia Marsh and
the western edge of the project site: the flood control channel open water area integrated with
the adjacent sub- and inter-tidal (meandering shallow channels) and non-tidal marsh (pickle
weed and dunes)components act as an aquatic barrier;the vertical sheet pile wall of the channel;
and the adjacent channel maintenance road and existing fence.
A Habitat Management Plan for the CC area,which includes the plant palette,location and types
of plantings, planting techniques, monitoring procedures, success criteria, and long-term
maintenance would be submitted concurrent with the first Coastal Development Permit for
project development.
On-site, the proposed CC area has an undulating topography that generally rises from the
western to the eastern edge.Plant species for the CC area would be selected from the designated
Coastal Dune and Sage Scrub Plant Palette included in Appendix A of the Specific Plan document.
The CC area would also include a maximum 24-foot wide trail constructed to comply with HBFD's
City Specification #401 for emergency access.fire access trail that would be used as an informal
meandering public trail located at least 20 feet from the property boundary with the OCFCD
except for the access point to the channel bridge. The trail would connect Magnolia Street with
the Marsh Park located on the northern end of the CV area.Interpretive signage and observation
blinds would be located in limited areas to provide compatible educational and wetlands
observation opportunities and sun shelter.Lighting would be restricted to low intensity lighting
along the pedestrian trail to provide for public safety.
Appropriate fencing and a gate would be installed along the western edge of the CC area to
protect the Marsh from unauthorized entry by the public.In addition to maintaining the existing
chain link fence on the OCFCD property,fencing would be installed along the boundary between
the CC are and the residential neighborhoods to keep residents and pets from entering the CC
area.Fencing would be installed from Marsh Park to the northern property line.No walls,fences,
and other devices that would preclude public access to the public trail within the CC area would
be allowed except those approved as part of the Specific Plan. Glass walls or other transparent
medium adjacent to the PA 1 would be prohibited unless bird safe design is incorporated to
prevent bird strikes. No permanent irrigation system would be allowed within the CC area.All
planting within the CC area would be temporarily irrigated,and all irrigation components would
be removed at completion of the establishment period.
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1.5.2 PLANNING AREA 2 - OPEN SPACE-PARKS AND
RECREATION
PA 2 is the OS-PR area, which includes open space in multiple locations throughout the site
(PA 2A, 213, and 2C and includes parks, open space areas, and other recreational uses, such as
trails, and walking paths. The design guidelines (provided in Volume II of the Specific Plan)
discuss the defining characteristics of the open space components. The following components
would contribute toward common open spaces.
• Marsh Park (PA 2A). Located adjacent to the CC area,this area overlooks Magnolia Marsh
and is designed to provide the public with views of Magnolia Marsh and the ocean.This park
area would also provide education, passive recreation, a shade grove (greenscreens and
vertical trees), and serve as a staging point for interpretive programs and docent-led tours
of Magnolia Marsh.The park would be lined by screening trees,a bioswale,and meadow-like
planting. The park design features would be compatible with the CC area design for water
quality and drainage,lighting,acoustics and access.
• Magnolia Park (PA 2C).This existing, privately-owned greenbelt area, commonly referred
to as Squirrel Park, would be enhanced and converted into a passive privately maintained,
public park. This area currently has trees and groundcover, but no additional physical
improvements. The proposed design and improvements would emphasize a dry riparian
woodland ecosystem concept that is climate appropriate and complements the coastal sage
scrub plant community in the CC area.The Magnolia Park design includes water-and energy-
conservation measures through waterwise plant selection and efficient irrigation systems.
Tree and plant species for the Magnolia Park area would be selected from the Dry Riparian
Woodland Plant Palette in Appendix A of the Specific Plan document. Ornamental turf areas
would be limited to only those needed for gathering spaces programmed in the Magnolia
Park. Magnolia Park would provide elements, such as an 8-foot-wide, Americans with
Disabilities Act-compliant, meandering pathway, small seating areas, trash receptacles,
lighting, and signage.All existing parking capacity along Magnolia Street would be retained.
Development of Magnolia Park pursuant to the Specific Plan would result in the removal of
the existing mature trees.Mature trees would be replaced at a 2:1 ratio (i.e.,two 36-inch box
trees for every mature tree removed), in accordance with City of Huntington Beach Policy
Memorandum C1-74 (Huntington Beach 2005).Additionally,the park would provide signs to
guide and facilitate beach-bound traffic and notify the public that the park is privately
maintained and not part of the City's park system.
Design of access,lighting,signage,and landscape in all open spaces within the project site would
facilitate optimal visibility and discourage crime and loitering. To achieve safety, bollard lights
would be at least 3 feet high; passive lights would be down-lit through all hours of darkness;
easily visible signs would be posted stating hours of operation, access restrictions, and
ownership (it would be clearly stated on appropriate signs that the City does not own nor
maintain these open spaces); and plant choices would provide optimal visibility for passive
surveillance while also discouraging camping,living,and sleeping
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1.5.3 PLANNING AREA 3 - FOR-SALE RESIDENTIAL
PA 3 is the RM area for the proposed Project and would consist of a maximum of 250 medium-
density residential units within neighborhoods of single-family detached and attached homes.
Under the proposed Project, the residential uses would be primarily located on the northern
portion of the site, to the north and northeast of the CV area. Common and private open space,
common recreation space,and paseos would be provided for this area.Maximum building height
within PA 3 would be 35 feet. Elevator penthouse or non-habitable floor space (i.e., stairs or
landings)to access the roof and similar structures and necessary mechanical appurtenances may
exceed the permitted height limit by no more than 10 feet.The Specific Plan provides for a range
of residential products to suit the needs of different life stages and market segments. These
include a variety of single-family detached and attached homes.
Section 230.26 of HBZSO requires that at least 10 percent of all new residential construction be
affordable units. An affordable housing plan would be submitted to the City at the time of
Tentative Map submittal for future projects.
As part of PA 3 area,at least 150 square feet of open space would be provided for each residential
unit. This space may be common or private open space; is intended for active and passive
recreation use; and include common recreation space shared between parcels.
Common recreation space for the residential area would be shared between parcels and would
include at least a clubhouse, a swimming pool, outdoor cooking facility, and other recreation
amenities.
OS-PR area would also include paseos between uses throughout the development. paseos may
include amenities such as seating, decorative lighting, planters, fountains, drinking fountains,
distinctive paving, decorative tiles, public art, landscaping, and bicycle racks. for a list of
additional elements that may be considered in paseos, please refer to section 3.12.1.2 of the
specific plan.
1.5.4 PLANNING AREA 4 - COMMERCIAL VISITOR
PA 4,the CV area, is unique to the proposed Project.The CV area of the proposed Project would
consist a 230,000-square-foot Lodge that includes a maximum of 175 guest rooms and
guesthouse-style,budget-oriented,family/group overnight accommodations with 40 rooms,and
ancillary and visitor-serving retail and dining,and plaza.
Under the proposed Project, development within the CV area would provide outdoor or
unenclosed areas on the ground floor or any above ground levels, accessible for public use. The
public open space may include plazas,patios,balconies,gardens or view areas open to the street
on the first floor, open on at least one side above the first floor, or open to the sky. The
development standards require that at least 5 percent of the gross CV area be public open space
and at least 30 percent of the public open space area contain landscaping,including shade trees,
accent trees,and other soft landscaping.Hard-surfaced areas and specialty paving would also be
incorporated into the public open space design. Additionally, a maximum of 25 percent of the
required public open space may be provided above the street level (e.g., balconies, decks, etc.)
and accessible to the general public, with public access signage. Public open space would also
include seating and other amenities including decorative lighting, planters, low-water-using
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fountains or water features, distinctive paving, decorative tiles, public art, landscaping, and
bicycle racks.
Maximum building base height limit in the CV area would be 50 feet; however, elevator shafts,
mechanical equipment and architectural features (i.e.non-habitable space) may exceed the base
height by up to 10 feet for a maximum height of 60 feet.Only 15 percent of the CV area can have
a height of 60 feet, and any 60-foot height feature would be setback a minimum of 40 feet from
the planning area boundary.
1.6 INFRASTRUCTURE
1.6.1 CIRCULATION PLAN
ACCESS
The project site would include two access points of ingress/egress along Magnolia Street for the
proposed Project. One would be located at the intersection of Magnolia Street and Banning
Avenue,and the other would be located directly across from Bermuda Drive and Magnolia Street.
The Magnolia Street and Banning Avenue intersection is signalized, and the intersection of
Magnolia Street and Bermuda Drive would be unsignalized. The proposed Project will have a
system of interconnected streets and walkways that promote connectivity and walkability. The
proposed development would be accessible to the public, as it is not planned as a gated
community.
INTERNAL STREETS
Although the community would not be gated and be publicly accessible, the internal street
network would be privately owned and maintained by a Homeowners Association(HOA)and/or
a Property Owners Association(POA).The design of the backbone streets would consist of a loop
road that provides access to both the CV and RM areas.All wet and dry utilities would be located
within the private streets. The exact location of the loop circulation system and the location of
on-street parking may be adjusted during the design review process.
The overall design of the streets is intended to avoid pedestrian and vehicular conflicts.The entry
to the lodge is north of the Banning Avenue intersection and includes a landscape median, a
minimum 5-foot of landscaping on the lodge side, and a minimum of 5-foot curb adjacent
sidewalk with a minimum 4-foot of landscape on the residential side. However,the main Lodge
entrance driveway and residential entrance driveway will feature curb adjacent landscaped
parkways.The curb radius to enter the Specific Plan area from Magnolia Street is 35 feet,and the
entry radius into the drop off area is 20 feet.
The internal backbone streets would consist of a 40-foot dimension from curb to curb (with
parking on both sides). Additional internal private alleys with a minimum 24-foot dimension
would provide access to each unit.The fire access roads will comply with the California Fire Code
Section 503.1.1 and City Specification #401 for location, width, and turning radii. Fire access
lanes are still under review and have not been approved by the HBFD at the time of submittal for
these Project Implementation Code Requirements. Conceptual Circulation Plan Cross Sections
for proposed Project (Cross Section at Lodge Section G).
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DRAINAGE
Based on the grading design,the site drainage would be collected within the interior streets and
directed toward the northwest corner of the site. Site drainage along Magnolia Street would be
collected and directed toward the southern portion of the site. All site drainage within the
internal streets would be collected into catch basins.The catch basins would be located along the
curbs and connect to the underground system of storm drains that vary in size from 18 to 48
inches.The catch basins and storm drain system would be owned and maintained by an HOA and
a POA. The location and size of the catch basins would be determined during the individual
project development process when a Preliminary Hydrology and Hydraulics Study would be
submitted to the City for review and approval. All storm water flows would be routed to the
Huntington Beach Channel.No storm water detention is required at this time.
Final design of the storm drain system would require approval by the County of Orange Public
Works Department and the City of Huntington Beach Public Works.
WATER
An existing 12-inch Asbestos Cement pipe water main lies below Magnolia Street, which
currently provides water and fire service to the property and can be utilized for the proposed
improvements.However,the Developer would be required to provide necessary improvements
to existing impacted infrastructure and be responsible for its fair share of associated costs, as
identified through the review and approval process.
The existing water pressure in the project area is in the 70 to 75 pounds per square inch range.
Water pressure and fire flow tests would be performed to verify existing pressure and ensure
proper pressure throughout the development footprint.
The Developer would submit water improvement plans that conform to City standards for
approval. The public water system would be publicly maintained, and an easement would be
provided for access and maintenance by the City of Huntington Beach Public Works Utilities
Division.Backflow protection device locations would be constructed per the latest Public Works
Standards and approved by the Planning Division and Public Works Department. Final location
and size of water lines and appurtenances would be approved by the Public Works Utilities
Division.
SANITARY SEWER
The proposed development's sewer would be divided into two sewer main systems. The sewer
serving the CV area, for the proposed Project, would connect to an existing City of Huntington
Beach Sewer manhole at the corner of Magnolia Street and Banning Avenue.The existing sewer
manhole has an existing 8-inch sewer lateral into the 78-inch OCSD sewer trunk sewer. The
sewer serving the residential uses would connect to the City of Huntington Beach sewer junction
structure,which has an existing 36-inch sewer lateral into the existing 78-inch OSCD sewer trunk
system.
A desktop sewer study has been prepared by the Applicant and approved by the Public Works
Department. The sanitary sewer system would be designed and constructed to serve the
development, including any off-site improvements necessary to accommodate any increased
flow associated with the project.Additionally,a 14-day flow monitoring test would be performed
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during the project design phase to confirm the adequacy of the existing 8-inch sewer lateral to
serve the CV area of the Project.
UTILITIES
Facilities for public infrastructure utilities including,but not limited to,domestic water,recycled
water,sewer, electrical,gas,telephone,cable television,and other data communication systems
would be extended to the project site from various off-site locations as described in Section 4.16,
Utilities and Service Systems.
The Magnolia Street transmission and distribution lines and associated vaults would be placed
underground within the street right-of-way in separate trenches, if feasible.The existing 33 kV
overhead transmission line at the ASCON boundary would be relocated and placed underground
in the Bermuda Street extension right-of way,if feasible. New vaults would also be placed in the
paved portion of the right-of-way.
All new and existing public and private utility lines and distribution facilities on both the street
and alley frontages, including but not limited to electric, communications, street lighting, and
cable television lines, would be installed underground, except that surface-mounted
transformers, pedestal-mounted terminal boxes, meter cabinets, and other equipment
appurtenant to underground facilities located on private property or installed pursuant to a
franchise or other agreement are permitted above ground subject to compliance with the HBZSO.
Electrical
Overhead 33 kilovolt transmission line utilities along Magnolia Street and the northern property
line would be placed underground. The existing pole at the northwest corner of the site is to
remain above ground,as it allows for the over crossing of the channel.All new utilities would be
placed underground.
1.7 MASTER LANDSCAPE PLAN
The proposed landscape concept would cater to the character of the proposed development and
the adjacent area to create a vibrant landscape setting that is sensitive to the Magnolia Marsh
while meeting the needs of the residents and public in the design of Magnolia Park and internal
paseos and streetscape.This would be accomplished throughout the site using both canopy and
vertical accent trees as appropriate and through low-water using and drought-tolerant plant
materials, while keeping the use of turf to a minimum. Landscape design would incorporate
feasible low impact development design features such as bioretention with under drains and
specialized soil amendments for storm water harvest and reuse.
1.8 SIGNAGE
Signage on the site would create a cohesive identity and image for the Magnolia Tank Farm
Project.Signage Guidelines are provided in Section 3.7 of Volume II of the Specific Plan.
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1.9 WALLS AND FENCES
The proposed Project would include appropriate fencing and a gate along the western edge of
the CC area to protect the Marsh from unsupervised entry by the public.The existing chain link
fence on the CCFCD property would remain in place. To further keep people and pets from
entering the CC area from Marsh Park to the northern property line, fencing would be installed
along the boundary between the CC area and the residential neighborhoods. Additionally,
community walls are proposed on the northern boundary and along the Magnolia Park
boundary.Any walls,fences,or other devices to preclude public access to the CC area would not
be allowed,except those approved as part of the Specific Plan.
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Aesthetics
RR AES-1 Design Review Board.As part of the entitlement Project Applicant/ During Design City of Huntington
and review by the Design Review Board,the Project Developer Review Beach Community
Applicant/Developer shall submit proposed site Development
development and building plans for the review and Department
approval by the City.The City shall review these
plans for compliance with applicable development
standards and design guidelines in the Specific Plan
and pertinent requirements in the Huntington Beach
Zoning and Subdivision Ordinance and Municipal
Code.
Air Quality
RR AQ-1 SCAQMD Rule 403.The construction of the Project Applicant/ During City of Huntington
proposed Project shall comply with all the fugitive Developer construction Beach Public Works
dust control measures listed within SCAQMD Rule Department
403.These may include the use of water controls,
vehicle speed limits,clean-up of dirt track-out from
the site,signage with contact information of the site
supervisor and other measures.
MM AQ-1 Scrapers used for construction of the proposed Project Applicant/ During City of Huntington
Project after January 1,2020 shall meet Tier 3 or Developer/ construction(at Beach Community
better off-road emissions standards;Tier 4 should Construction the time of Development
be used if available.The Construction Contractor Contractor mobilization of Department
shall provide a copy of each units certified Tier each applicable
and/or engine specification to the City of Huntington unit of
Beach at the time of mobilization of each applicable equipment)
unit of equipment.
a. Maintain vehicle and equipment
maintenance records for the
construction portion of the Proposed
Project.All construction equipment and
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vehicles must be tuned and maintained
in compliance with the manufacturer's
recommended maintenance schedule
and specifications.All maintenance
records for each vehicle and equipment
and their construction contractor(s)
should be made available for inspection
and remain on-site for a period of at
least two years from completion of
construction.
b. Enter into a contract that notifies all
construction vendors and contractors
that vehicle idling time will be limited to
no longer than five minutes or another
time-frame as allowed by the California
Code of Regulations,Title 13 section
2485-CARE's Airborne Toxic Control
Measure to Limit Diesel-Fueled
Commercial Motor Vehicle Idling.For
any vehicle delivery that is expected to
take longer than five minutes,each
project applicant,project sponsor,or
public agency will require the vehicle's
operator to shut off the engine.Notify
the vendors of these idling requirements
at the time that the purchase order is
issued and again when vehicles enter the
gates of the facility.To further ensure
that drivers and operators understand
the idling requirement,post signs at the
entry of the construction site and
throughout the Project site stating that
idling longer than five minutes is not
permitted.
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c. Encourage construction contractors to
apply for SCAQMD"SOON"funds.The
"SOON"program provides funds to
applicable Fleets for the purchase of
commercially-available low emission
heavy-duty engines to achieve near-term
reduction of NOx emissions from in-use
offroad diesel vehicles.More
information on this program can be
found at SCAQMD's website:
http://www.aqmd.
gov/home/programs/business/business
-detail?title=off-road-diesel-engines.
Biological Resources
PDF BIO-1 Prior to the issuance of occupancy permit,the Project Applicant/ Prior to the City of Huntington
Applicant shall prepare a Domestic Animal Control Developer issuance of Beach Community
Plan,subject to approval by the Community occupancy permit Development
Development Director,that details methods to be Department
used to prevent pets from entering the Coastal
Conservation area(PA 1).These include,but are not
limited to,appropriate fencing and barrier plantings.
Upon approval,the Plan shall be included in the
Covenants,Conditions,and Restriction(CC&Rs)and
distributed to each homeowner and the Lodge
operator.
MM BIO-1 Nesting Bird and Pre-Construction Survey.Prior Project Applicant/ Prior to the City of Huntington
to the issuance of any grading permits,the Developer issuance of any Beach Community
Community Development Director or designee shall grading permits Development
verify that the following requirements for nesting Department
birds and preconstruction surveys are completed by
the Project Applicant:
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• To the extent feasible,conduct vegetation
removal outside of the nesting bird season
(generally between February 1 and August 31).
• If vegetation removal is required during the
nesting bird season,conduct pre-construction
avoidance surveys for MBTA and CDFW-
protected nesting birds within 100 feet of areas
proposed for vegetation removal and/or initial
grading activities;additionally,surveys shall be
extended to 500 feet for raptors,and be
included from January 1 to July 15.Belding's
savannah sparrow,California black rail and
light-footed Ridgway s rail nest surveys shall
also be conducted during their nesting seasons
up to 500 feet from the Project site.
• Burrowing owl clearance surveys should be
included any time of year within the Project
site.
• Surveys shall be conducted by a qualified
biologist(s)within seven days(=168 hours)of
vegetation removal and/or initial grading
activities.
• If active,protected nests or burrows are
observed within the survey area(s),a qualified
biologist will determine appropriate minimum
disturbance buffers or other adaptive
mitigation techniques(e.g.,biological
monitoring of active nests during construction-
related activities,staggered work schedules,
altered work locations,sound walls,noise
abatement etc.)to ensure that direct and
indirect impacts to all protected nesting birds
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are avoided until such nests are no longer
active.
• For project activities during the nesting season
adjacent to known occupied nesting habitat,
the qualified biologist will passively monitor
nesting bird activity at the nest(s).If the
biologist determines that nesting birds are
being disrupted by project noise and/or other
project activities,then work will be suspended
until more effective minimization measures
(e.g.,additional noise attenuation structures,
delayed/staggered/repositioned or postponed
work activities)are developed in coordination
with the USFWS and CDFW,and become
implemented,or until after the nest cycles are
complete(e.g.,the subject nest(s)fledge or
fail).
MM BI0-2 Construction Sound Wall.Prior to the issuance of Project Applicant/ Prior to the City of Huntington
any grading permits,a construction sound wall shall Developer issuance of any Beach Community
be erected by the Project Applicant and remain in grading permits Development
place during the construction phase to serve as a Department
visual and sound barrier from the adjacent land uses
along the project site's western boundary with
Magnolia Marsh,across the Huntington Beach
Channel.The sound wall is anticipated to be a 14-
foot tall plywood wall,with boards fitted tightly
together to eliminate gaps,and would reduce typical
construction noise levels to 60 dBA or no more than
3 dBA above ambient levels(whichever is greater)
when measured from 100 feet away from the project
boundary.
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MM BIO-3 Bird Strike.Prior to the issuance of any building Project Applicant/ Prior to the City of Huntington
permits,the Community Development Director or Developer issuance of any Beach Community
designee shall verify that the Project incorporates building permits Development
bird safe elements in architectural design including Department
but not limited to decals,UV treatment,window film,
frittering(using ceramic dots,or frits),and tilted
glass to minimize potential bird strikes.
MM BIO-4 Invasive Plant Species.Prior to the issuance of any Project Applicant/ Prior to the City of Huntington
grading and building permits,the Community Developer issuance of any Beach Community
Development Director or designee shall ensure that grading and Development
no accidental introduction of non-native,invasive building permits Department
plant material and/or seed stock to the project
environment occurs during construction by
requiring the following note on the grading and
building plans:"all vehicles must arrive to the
Project site clean and free of mud and debris."Prior
to approval of any landscape plans,the project
landscape architect shall certify that no invasive
species,according to the California Invasive Plant
Council,are included in the Landscaping Plans
(including the Plant Palette).
MM BIO-5 Tree Replacement The Project Applicant shall Project Applicant/ Prior to the City of Huntington
provide a total of 100,36-inch box size replacement Developer issuance of Beach Community
trees(at a minimum 2:1 ratio)for the existing 50 building permits Development
mature trees(i.e.,exceeding 10 inches in diameter Department
measured approximately 4 feet above grade)that
will be removed to accommodate the proposed
development The replacement trees shall be
included in the projects landscaping plan that is
required to be submitted to the Community
Development Department for review and approval
prior to the issuance of building permits.
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Cultural Resources
RR CULT-1 Procedures of conduct following the discovery of Project Applicant/ During ground City of Huntington
human remains on non-federal lands have been Developer/ disturbing Beach Community
mandated by California Health and Safety Code Monitor activities Development
Section 7050.5,PRC Section 5097.98 and the Department
California Code of Regulations(CCR)Section
1S064.5(e).In the event of the discovery of human
remains during ground-disturbing activities,the
following shall occur:
According to the provisions in CEQA,should human
remains be encountered,all work in the immediate
vicinity of the burial shall cease,and any necessary
steps to insure the integrity of the immediate area
shall be taken.The Orange County Coroner shall be
immediately notified.The Coroner must then
determine whether the remains are Native
American.if the Coroner determines the remains are
Native American,the Coroner has 24 hours to notify
the NAHC,who shall,in turn,notify the person they
identify as the most likely descendent(MLD)of any
human remains.Further actions shall be
determined,in part,by the desires of the MLD.The
MLD has 48 hours to make recommendations
regarding the disposition of the remains following
notification from the NAHC of the discovery.If the
MLD does not make recommendations within 48
hours,the owner shall,with appropriate dignity,
reinter the remains in an area of the property secure
from further disturbance.Alternatively,if the owner
does not accept the MLD's recommendations,the
owner or the descendent may request mediation by
the NAHC.
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MM CULT-1 Prior to the issuance of the first grading permit,the Applicant/ Prior to the City of Huntington
Project Applicant shall provide written evidence to archaeologist issuance of the Beach Community
the City,that applicant has retained a County- first grading Development
certified archaeologist who has previous experience permit Department
working in the Los Angeles basin within the
ancestral tribal territory of the Kizh Gabrieleno,to
observe grading activities and salvage and catalogue
archaeological resources,as necessary.The
archaeologist shall be present at the pre-grade
conference,shall establish procedures for
archaeological resource surveillance until the initial
5 feet of excavations have been completed,and,in
cooperation with the Project Applicant,procedures
for temporarily halting or redirecting work to
permit the sampling identification,and evaluation
of the artifacts as appropriate.If the archaeological
resources are found and determined to be
significant the archaeological observer shall
determine appropriate actions,in cooperation with
the Project Applicant,for exploration and/or
salvage.The following procedures shall be
implemented to insure impacts are less than
significant:
• The current anticipation of vertical ground
disturbance is approximately 5 feet below
surface.Fill is expected to extend up to 2.5
feet below surface,but this could fluctuate
throughout the project site.Excavations
below 2.5 feet in depth are likely to reach
below the fill soils where intact cultural
resources are typically located,especially in
coastal settings such as the project site.
When ground disturbing activities occur
within previously undisturbed native
sediment a qualified County-certified
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Archaeologist shall perform archaeological
monitoring.The Archaeologist,in
coordination with the City of Huntington
Beach,may re-evaluate the necessity for
monitoring after the initial 5 feet of
excavations have been completed.
• In the event that resources are discovered
during ground-disturbing activities,all work
shall be halted within 50 feet of the find until
it can be evaluated by a qualified
archaeologist Construction activities could
continue in other areas.If the discovery
proves to be significant,additional work,
such as data recovery excavation,may be
warranted and shall be discussed in
consultation with the appropriate regulatory
agency(ies).
• Any potentially significant artifacts,sites or
features observed shall be collected and
recorded in conjunction with best
management practices and professional
standards.Any cultural items recovered
during mitigation should be deposited in an
accredited and permanent scientific
institution for the benefit of current and
future generations.
• A report documenting the results of the
monitoring efforts,including any data
recovery activities and the significance of
any cultural resources shall be prepared and
submitted to the Community Development
Department
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MM CULT-2 Prior to the issuance of the first grading permit,the Project Applicant; Prior to the City of Huntington
Project Applicant shall provide written evidence to County-Certified issuance of first Beach Community
the City,that Applicant has retained a County- Paleontologist grading permit Development
certified paleontologist,to observe grading Department
activities and salvage and catalogue paleontological
resources,as necessary.If paleontological
resources are discovered during ground-disturbing
activities impacting the native soils,the following
shall occur:
• A Qualified Orange County Paleontologist
shall perform paleontological monitoring of
any ground disturbing activities impacting
native soils at a depth greater than 5-feet
below surface.The monitor shall have the
ability to redirect construction activities to
ensure avoidance of significant impacts to
paleontological resources.The Project
Paleontologist,in coordination with the City
of Huntington Beach,may also re-evaluate
the necessity for monitoring after the initial
5 feet of excavations have been completed.
• Any potentially significant fossils observed
shall be collected and recorded in
conjunction with best management practices
and Society of Vertebrate Paleontology
professional standards.
• Any fossils recovered during mitigation shall
be deposited in an accredited and permanent
scientific institution for the benefit of
current and future generations.
• A report documenting the results of the
monitoring,including any salvage activities
and the significance of any fossils shall be
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prepared and submitted to the Community
Development Department.
Geology and Soils
MM GEO-1 Prior to issuance of a grading and building permit,a Project Applicant/ Prior to the City of Huntington
geotechnical report evaluating the existing Developer issuance of a Beach Public Works
geotechnical conditions as they pertain to the final grading and Department and
design shall be submitted to and approved by the building permit Building Division
City's Pubic Works Department and Building Division.
The report shall specify mitigation measures for
potential liquefaction,slope displacement lateral
spread,and static settlement and provide
recommendations for foundation designs based on
the results of the previous geotechnical
investigations,updated field investigation,laboratory
data,and any further geotechnical engineering
analysis as deemed necessary by the geotechnical
engineer of record.
Greenhouse Gas Emissions
RR GHG-1 The Project shall be designed in accordance with the Project Applicant/ Prior to the City of Huntington
applicable Title 24 Energy Efficiency Standards for Developer issuance of each Beach Building
Residential and Nonresidential Buildings(California building permit Division
Code of Regulations[CCR],Title 24,Part 6).These
standards are updated,nominally every three years,
to incorporate improved energy efficiency
technologies and methods.The Building Manager,or
designee shall ensure compliance prior to the
issuance of each building permit The 2019 Title 24
Energy Efficiency standards for residential uses
require that solar photovoltaic electricity be installed
equal to the amount used annually.
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RR GHG-2 Projects shall be designed in accordance with the Project Applicant/ Prior to the City of Huntington
applicable California Green Building Standards Developer issuance of each Beach Building
(CALGreen)Code(24 CCR 11).The Building Manager, building permit Division
or designee shall ensure compliance prior to the
issuance of each building permit These requirements
include but are not limited to:
• Install electric vehicle and plug-in hybrid
vehicle charging stations to reduce
emissions from vehicle trips,as detailed
under Section A4.106.8 for residential uses
and 5.106.5.3 for nonresidential uses within
the 2016 California Green Building
Standards Code.This Section facilitates
future installation and use of electric vehicle
chargers.
• Provide designated parking for any
combination of low-emitting,fuel-efficient
and carpool/vanpool vehicles under Section
5.106.5.2.
• During the construction phase,all
construction will comply with the CalGreen
Code through recycling and reuse of at least
65 percent of the nonhazardous construction
debris from the site.
RR G JIG-3 For the proposed Project,the hotel shall develop a Project Applicant/ Prior to issuance City of Huntington
solid waste recycling program that is consistent with Developer of a building Beach Community
the goals established by Assembly Bill 323. permit Development
Department
RR G HG-4 The proposed Project shall install water efficient Project Applicant/ Prior to issuance City of Huntington
interior(i.e.,showers,faucets,toilets)and exterior Developer of a building Beach Community
permit
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fixtures(i.e.,decorative amenities)per Section 4.303 Development
and 4.304 of the CALGreen Code for residential uses. Department
RR GHG-5 The proposed Project shall install water efficient Project Applicant/ Prior to issuance City of Huntington
interior(i.e.,showers,faucets,toilets)and exterior Developer of a building Beach Community
fixtures(i.e.,decorative amenities)per Section 5.303 permit Development
and 5.304 of the CALGreen Cade for nonresidential Department
uses.
RR GHG-6 The proposed Project shall install electric vehicle Project Applicant/ Prior to issuance City of Huntington
charging for new construction per Section 4.106.4 Developer of a building Beach Community
and 5.106.5.3 of the CALGreen Code for residential permit Development
and nonresidential uses,respectively. Department
RR GHG-7 The proposed Project shall include bicycle racks and Project Applicant/ Prior to issuance City of Huntington
pedestrian amenities to encourage non-automotive Developer of a building Beach Community
transportation for nonresidential uses. permit Development
Department
MM GHG-1 The proposed hotel shall install solar photovoltaic Project Applicant/ Prior to issuance City of Huntington
panels on available roof space.It is anticipated that Developer of of a building Beach Community
50 percent of the roof space would be used for lodge/hotel permit Development
equipment,stairwells,elevator banks,skylights,etc. Department
The remaining 50 percent of the roof space
(approximately 30,000 square feet)would be used
for the installation of solar photovoltaic panels.
MM GHG-2 The proposed Project shall use electric powered Project Applicant/ Post occupancy City of Huntington
landscaping equipment(i.e.,mowers,blowers, Developer Beach Community
chainsaws)in Planning Area 4(Commercial Visitor or Development
CV area)and common areas maintained by the Home Department
Owners Association in Planning Area 3(Residential
or RM area).The proposed Project shall use electric
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or alternatively fueled sweepers with H EPA filters,if
available.
MM GHG-3 Any future hotel in Planning Area 4(Commercial Project Prior to issuance City of Huntington
Visitor or CV area)shall utilize a hotel energy Developer/hotel of a building Beach Community
management system to minimize unnecessary energy operator permit Development
use. Department
MM GHG-4 Swimming pools shall be heated with a solar Project Applicant/ Prior to issuance City of Huntington
swimming pool heater. Developer of a building Beach Community
permit Development
Department
MM GHG-5 Employers in Planning Area 4(Commercial Visitor or Employers in Prior to issuance City of Huntington
CV area)shall establish a mechanism to encourage Planning Area 4 of a certificate of Beach Community
and coordinate ride sharing,vanpooling/carpooling occupancy Development
or other transit opportunities and shall offer transit Department
incentives to employees This measure may be
satisfied through the creation of a public message
board or other reasonable alternative means of
communication.
Hazards and Hazardous Materials
MM HAZ-1 Prior to issuance of any grading permit,a site-specific Project Applicant; Prior to the City of Huntington
Soil Management Plan shall be developed to be Developer issuance of Beach Fire
implemented during grading and shall include grading permits Department
measures for monitoringsoil conditions for evidence
of impacts and contingency measures in the event
that impacted soils are encountered during grading
as evidenced by visual staining,olfactory perception,
or field testing.The Soil Management Plan shall
include contingency procedures for,identification of
potential contaminants through use of field screening
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equipment;sampling and laboratory analyses,if
necessary;soil segregation;temporary soil
stockpiling specifications;on-site or off-site
treatment and disposal options for soil in accordance
with applicable law;and a health and safety plan for
workers involved in the earthwork phase of the
project The Soil Management Plan shall be submitted
to the City of Huntington Beach Fire Department for
review and approval.
MM I IAZ-2 Prior to issuance of grading permits,the Project Project Applicant Prior to the City of Huntington
Applicant shall have implemented all required site issuance of Beach Fire
assessment and remedial actions to address grading permits Department
residual contamination in soil,soil gas,and
groundwater as prescribed by the California
Department of Toxic Substances Control(DTSC)
and under DTSC oversight Risk-based target
concentrations(RBTCs)approved by DTSC will
serve as the screening level(i.e.cleanup threshold)
for each constituent of concern.All soil exceeding
the screening level shall be removed from the site
and transported to a facility licensed to accept the
waste. The RBTCs shall be calculated based on
exposure assumptions and toxicity criteria
published by DTSC as sufficiently conservative for
residential land use. The Project Applicant shall
obtain a"No Further Action"letter or other written
concurrence from DTSC indicating the successful
completion of remediation activities and submit
this written documentation to the City of
Huntington Beach Fire Department for approval.
Prior to issuance of grading permits,the Project
Applicant shall demonstrate compliance with Fire
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Department Specification#429(Methane)and
#431-92(Soil Quality).
MM HAZ-3 Prior to issuance of grading permits,the Project Project Applicant Prior to the City of Huntington
Applicant shall record a DTSC Land Use Covenant issuance of Beach Fire
(LUC)that prohibits the use of groundwater at the grading permits Department
project site as a potable water source.Proof of the
LUC agreement from the DTSC shall be provided to
the Huntington Beach Fire Department for approval.
RR HAZ-4 Prior to issuance of grading permits,the Project Applicant Prior to the City of Huntington
Applicant shall submit site development plans to the issuance of Beach Fire
California Department of Conservation,Division of grading permits Department
Oil,Gas,and Geothermal Resources(DOGGR)for
Construction Site Plan review.The Project Applicant
shall implement any actions recommended by
DOGGR,including but not limited to,well
abandonment to current standards,venting,leak
testing and setbacks.Documentation of compliance
shall be provided to the Huntington Beach Fire
Department for approval.
flydrology and Water Quality
RR H WQ-1 Storm Water Pollution Prevention Plan.Prior to Project Applicant/ Prior to the City of Huntington
the issuance of any grading or building permits,the Developer issuance of any Beach Public Works
Project Applicant/Developer shall demonstrate grading or Department
compliance with California's General Permit for building permits
Stormwater Discharges Associated with Construction
Activity by providing a copy of the Notice of Intent
(N01)submitted to the State Water Resources Control
Board and a copy of the subsequent notification of
the issuance of a Waste Discharge Identification
(WDID)Number or other proof of filing in a manner
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meeting the satisfaction of the City's Department of
Public Works.Projects subject to this requirement
shall prepare and implement a Storm Water Pollution
Prevention Plan(SWPPP)during all phases of
construction.A copy of the current SWPPP shall be
kept at the construction site and be available for State
and City review on request
RR HWQ-2 General Waste Discharge Requirements.Prior to Project Applicant Prior to the City of Huntington
the issuance of any grading or building permits,If issuance of any Beach Public Works
construction dewatering or discharges from other grading or Department
specific activities(e.g.,dewatering from subterranean building permits
seepage,potable water system maintenance
discharges,fire hydrant Flushing,etc.)are required,
the Project Applicant/Developer shall notify the
Santa Ana RWQCB and any discharges into surface
waters shall be conducted in compliance with the
Santa Ana RWQCB's Order No.118-2015-0004(NPDES
No.CAG998001),which includes General Waste
Discharge Requirements(WDRs)for discharges to
surface water that pose an insignificant(de minimis)
threat to water quality.The General WDRs include
provisions mandating notification,testing,and
reporting of dewatering and testing-related
discharges,and contain numeric and performance-
based effluent limits depending upon the type of
discharge.
RR HWQ-3 Water Quality Management Plan.Prior to the Project Applicant/ Prior to the City of Huntington
issuance of any grading or building permits,the Developer issuance of any Beach Public Works
Project Applicant/Developer shall submit for review grading or Department
and approval by the City's Public Works Department, building permits
the final Project Water Quality Management Plan
(WQMP)specifically identifying Best Management
Practices(BMPs)that address Pollutants of Concern.
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The WQMP shall comply with the requirements of the
Orange County MS4 Permit,the Orange County
Drainage Area Management Plan(DAMP),Model
WQMP,and Technical Guidance Manual,and the
City's LIP,CURMP,Project WQMP Preparation
Guidance Manual,and pertinent regulations in the
Municipal Code.
Prior to the issuance of a certificate of use and
occupancy,the Project Applicant/Developer shall
demonstrate to the satisfaction of the City's Public
Works Department the following:
• All structural BMPs described in the Project's
approved WQMP have been implemented,
constructed,and installed in conformance with
approved plans and specifications;
• Demonstrate that the Project
Applicant/Developer has complied with all
non-structural BMPs described in the Project's
WQMP;
• Provide certifications from the Engineer of
Record or Landscape Architect that the LID
BMPs and treatment control BMPs were
constructed and installed per the approved
plans and specifications;
• Copies of the Project's approved WQMP(with
attached 0&M Plan and Educational Materials)
are available for each of the initial occupants
and tenants of the Project;and
• The Covenants,Conditions,and Restrictions
(CC&Rs)includes pertinent BMPs in the
approved WQMP and O&M Plan.
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RR HWQ-4 Grading and Erosion Control Plans.Prior to the Project Applicant/ Prior to the City of Huntington
issuance of any grading permit,the Project Developer issuance of any Beach Public Works
Applicant/Developer shall submit for review and grading permit Department
approval by the City's Public Works Department the
grading and erosion control plans for the Project.The
plans shall demonstrate that proposed grading and
excavation activities on the site shall include the
installation of permanent and semi-permanent
erosion control measures in compliance with
pertinent requirements of the City's Grading and
Excavation Code,as contained in Chapter 17.05 of the
Municipal Code.
RR HWQ-5 Full Capture Systems.In compliance with the During Prior to the City of Huntington
Statewide Trash Provisions in Section 13383 of the construction issuance of Beach Public Works
Water Code,all BMPs shall be state certified full certificates of Department
capture systems to ensure that trash is not occupancy
discharged off-site.
RR HWQ-6 Storm Drainage Plan.Prior to the issuance of any Project Applicant/ Prior to the City of Huntington
grading or building permits,the Project Developer issuance of any Public Works
Applicant/Developer shall submit for review and grading or Department
approval by the City's Public Works Department the building permits
storm drainage plan for the Project The plan shall
include the installation of an on-site storm drain
system that would accommodate 100-year flood
flows,in accordance with Chapter 255 of the City s
Municipal Code,the Orange County Hydrology
Manual,and other City specifications.In addition,the
Project Applicant/Developer shall pay the applicable
fees for the City's local drainage fund in accordance
with Chapter 14.48 of the Municipal Code.
Prior to the approval of final inspection,the on-site
storm drain system shall be constructed,or provide
evidence of financial security(such as bonding),in a
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manner meeting the approval of the City's Public
Works Department
RR HWQ-7 Huntington Beach Channel.Prior to the issuance of Project Applicant/ Prior to the City of Huntington
any grading or building permits,the Project Developer issuance of any Beach Public Works
Applicant/Developer shall submit for review and grading or Department
approval by the Orange County Flood Control District building permits
drainage plans for discharge of storm water into
Huntington Beach Channel,in accordance with the
Orange County Flood Control Act and Titles 4 and 9 of
the Orange County Code,which prohibit connections
to the stormwater drainage system unless authorized
by the County,with jurisdiction over the Huntington
Beach Channel. A copy of the County s permit shall
be submitted to the City's Department of Public
Works.
PDF HWQ-1 The overall ground elevation of the interior portion Project Applicant/ During City of Huntington
of the site shall be raised to an average of over 10.5 Developer construction Beach Public Works
feet(NAVD88)and the ground elevations of the Department
building pads shall be raised an additional 1 to 2 feet
above the elevation of the roads within the interior
of the site.
Noise
MM NOI-1 Construction Noise.Prior to issuance of a grading or Project Applicant/ Prior to the City of Huntington
building permit,the Community Development Developer issuance of any Community
Department of the City of Huntington Beach(City) grading or Development
shall verify that all construction plans include notes building permits Department
stipulating the following:
The construction contractor shall comply with
the Municipal Code which specifies that
construction activities are prohibited between
the hours of 8:00 p.m.and 7:00 a.m.on
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weekdays,including Saturday,or at any time
on Sundays and federal holidays.
• The construction contractor shall place noise-
and vibration-generating construction
equipment and locate construction staging
areas away from sensitive uses whenever
feasible.
• The construction contractor shall use on-site
electrical sources to power equipment rather
than diesel generators where feasible.
• All residential units located within 500 feet of
the construction site shall be sent a notice
regarding the construction schedule at least 14
days prior to commencement of construction.A
sign legible at a distance of 50 feet shall also be
posted at the construction site.All notices and
the signs shall indicate the dates and durations
of construction activities,as well as provide a
telephone number for the"noise disturbance
coordinator."
• A"noise disturbance coordinator"shall be
established.The disturbance coordinator shall
be responsible for responding to any local
complaints about construction noise within a
reasonable amount of time,and initial
response shall be within 48 hours.The
disturbance coordinator shall determine the
cause of the noise complaint(e.g.,starting too
early,bad muffler)and shall be required to
implement reasonable measures to reduce
noise levels.
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MM NOI-2 Construction Vibration.The results of the Project Applicant/ Prior to issuance City of Huntington
construction vibration analysis indicate that vibration Developer of building Beach Community
damage could occur at structures within 100 feet of permits. Development
pile driving activities and would exceed the threshold Department
associated with potential annoyance to sensitive uses
within 300 feet Therefore,pile driving shall be
prohibited for this project Prior to issuance of
building permits for the lodge,documentation on the
feasibility of alternative methods of construction that
would avoid or substantially reduce the impacts
associated with pile driving shall be presented and
could be subject to peer review by a third-party
expert at the applicant's expense as determined by
the Community Development Department
MM N01-3 Final Acoustical Report.Prior to issuance of Project Applicant/ Prior to the City of Huntington
building permits,the Project Applicant/Developer Developer issuance of Beach Community
shall submit a Final Acoustical Report,prepared by a building permits Development
qualified acoustical consultant,to the City of Department
Huntington Beach.The Building Official,or designee,
shall verify that the Final Acoustical Report
demonstrates that all exterior private living areas
comply with the City's exterior noise level standard
and that all residences with exterior fagades,
including all bedrooms and living rooms,comply with
the City's interior noise standard.Noise reduction
techniques that may be incorporated into
construction plans in order to reduce interior noise
levels include,but are not limited to,incorporation of
upgraded windows and doors,improved wall
construction,or reduced window and door sizes
should oversized windows and door be originally
designed.Additionally,the Final Acoustical Report
shall assess all potential off-site noise impacts
associated with on-site operations to insure
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compliance with the City's Noise Ordinance criteria
for off-site sensitive land uses.
Public Services
RR PS-1 Prior to the issuance of certificate of occupancy or Project Applicant/ Prior to the City of Huntington
final building permit approval,the Project Developer issuance of Beach Community
Applicant/Developer shall pay the required certificate of Development
development impact fees for fire suppression occupancy or final Department
facilities,as required by Huntington Beach Municipal building permit
Code Chapter 17.74. approval
RR PS-2 During Project construction phases,Fire/Emergency Project Applicant/ During Project City of Huntington
Access and Site Safety shall be maintained in Developer construction Beach Fire
compliance with California Fire Code(CFC)Chapter phases Department
33,Fire Safety during Construction and Demolition.
RR PS-3 Prior to the issuance of certificate of occupancy or Project Applicant/ Prior to the City of Huntington
final building permitapproval,the Project Developer issuance of Beach Community
Applicant/Developer shall pay required development certificate of Development
impact fees for police facilities as required by occupancy or final Department
Huntington Beach Municipal Code Chapter 17.75. building permit
approval
RR PS-4 The Project Applicant/Developer shall pay all Project Applicant/ Building permit City of Huntington
applicable development impact fees in effect at the Developer issuance Beach Community
time of building permit issuance to the Huntington Development
Beach City School and Union High School Districts to Department
cover additional school services required by the new
development.The applicable development impact
fees would be consistent with SB 50.
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RR PS-5 Prior to the issuance of certificate of occupancy or Project Applicant/ Prior to the City of Huntington
final building permit approval,the Project Developer issuance of Beach Community
Applicant/Developer shall pay required library certificate of Development
development impact fees as required by Huntington occupancy or final Department
Beach Municipal Code Chapter 17.67. building permit
approval
Recreation
RR REC-1 The Applicant shall comply with the Huntington Project Applicant Prior to issuance City of Huntington
Beach General Plan requirement of 5 acres of of certificate of Beach Community
parkland per 1,000 residents through payment of in- occupancy or final Development
lieu fees for improvements to existing City parks,to building permit Department
the satisfaction of the Community Services approval
Department,prior to the issuance of certificate of
occupancy or final building permit approval.
RR REC-2 The Applicant shall pay the Parkland Acquisition and Project Applicant Prior to the City of Huntington
Park Facilities Development Impact Fee for the non- issuance of Beach Community
residential component of the proposed Project,prior certificate of Development
to the issuance of a certificate of occupancy, occupancy, Department
temporary certificate of occupancy,or final building temporary
permit approval. certificate of
occupancy,or
final building
permit approval
Transportation/Traffic
RR TRAN-1 To ensure impacts to the surrounding street system Project Applicant, Prior to City of Huntington
are kept at a minimum,a Construction Management Construction commencement Beach Public Works
Plan shall be developed in coordination With the City Contractor of construction Department
of Huntington Beach and adjacent cities,prior to
commencement of construction.The Construction
Management Plan shall meet standards established
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in the current California Manual on Uniform Traffic
Control Device(MUTCD)as well as City of
Huntington Beach requirements.
The Plan shall:
• Address traffic control for any street closure,
detour,or other disruption to traffic
circulation.
• Identify the routes that construction vehicles
would utilize for the delivery of construction
materials(i.e.lumber,tiles,piping,windows,
etc.),to access the project site,traffic
controls and detours,and proposed
construction phasing plan for the proposed
project
• Specify the hours during which transport
activities can occur and methods to mitigate
construction-related impacts to adjacent
streets.
• Require the Applicant to keep all haul routes
clean and free of debris including but not
limited to gravel and dirt as a result of its
operations.The Applicant shall clean
adjacent streets,as directed by the City
Engineer(or representative of the City
Engineer),of any material,which may have
been spilled,tracked,or blown onto adjacent
streets or areas.
• All hauling or transport of oversize loads
between the hours of 7:00 AM and 5:00 PM
only,Monday through Friday,unless
approved otherwise by the City Engineer.No
hauling or transport shall be allowed during
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nighttime hours,weekends or Federal
holidays.
• Prohibit use of local streets.
• Require that haul trucks entering or exiting
public streets shall at all times yield to public
traffic.
• Include that if hauling operations cause any
damage to existing pavement,street,curb,
and/or gutter along the haul route,the
Applicant shall be fully responsible for
repairs.The repairs shall be completed to the
satisfaction of the City Engineer.
• Require that all construction-related parking
and staging of vehicles will be kept out of the
adjacent public roadways and will occur on-
site.
RR TRAN-2 The Project Applicant shall pay the applicable Fair Project Applicant Building permit City of Huntington
Share Traffic Impact Mitigation Fee consistent with issuance Beach Community
the requirements of Chapter 17.65 of the City of Development
Huntington Beach Municipal Code.Consistent with Department;Public
the ordinance,the final fee amount shall be Works Department
calculated based on the land use category and the
vehicle trip-miles for the use based upon the
proposed size of the development at the time a
building permit is issued.
I'DF TRAN-1 Intersection No.23-Magnolia Street at Banning Project Applicant Prior to the City of Huntington
Avenue:Construct the west leg of the intersection issuance of Beach Public Works
and provide one inbound lane and two outbound certificate of Department
lanes(i.e.one eastbound left-turn lane and one occupancy
eastbound shared through/right-turn lane).
Restripe the northbound approach of Magnolia
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Street to provide an exclusive northbound left-turn
lane.Restripe Banning Avenue to provide one
westbound left-turn lane,one westbound through
lane and one westbound right-turn lane.Install
crosswalks on the south and west legs.Modify the
existing traffic signal to provide protected left-turn
phasing in the northbound/southbound directions
and permissive left-turn phasing in the
eastbound/westbound directions.The installation
of these improvements is subject to the approval of
the City of Huntington Beach.
PDF TRAN-2 Intersection No.34-Magnolia Street at Project Applicant Prior to the City of Huntington
Bermuda Drive:Construct the west leg of the issuance of Beach Public Works
intersection and provide one inbound lane and one certificate of Department
outbound lane(i.e.one eastbound shared left- occupancy
turn/through/right-turn lane).Install a stop sign
on the west leg. The installation of these
improvements is subject to the approval of the City
of Huntington Beach.
MM TRAN-1 Intersection No.20-Brookhurst Street at Project Applicant Prior to the City of Huntington
Hamilton Avenue.Prior to issuance of building issuance of Beach Public Works
permits,the Project Applicant shall enter into an building permits Department
agreement with the City of Huntington Beach to
provide a fair share contribution toward the
modification or upgrading of the traffic signal at the
Brookhurst Street/Hamilton Avenue intersection.
MM TRAN-2 Prior to issuance of building permits,the Project Project Applicant Prior to issuance City of Huntington
Applicant shall provide the City of Huntington of building Beach Public Works
Beach Public Works Department proof of an permits Department
executed agreement with the City of Newport
Beach and/or Caltrans regarding fair share
payment to offset the project's contribution of
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cumulative impacts at the applicable location(s)
(i.e.,No.28:Superior Avenue/Balboa Boulevard at
Pacific Coast Highway and No.29:Newport
Boulevard at Pacific Coast Highway).
Tribal Cultural Resources
MM TCR-1 Tribal Cultural Resources Observation and Project Applicant Prior to City of Huntington
Recovery.Prior to commencement of any ground commencement Beach Community
disturbance activities of previously undisturbed of any ground Development
soil,or soil that has not been previously monitored, disturbance Department
the Project Applicant shall obtain the services of a activities of
qualified Native American Monitor during initial previously
construction-related ground disturbance activities. undisturbed soil,
Ground disturbance is defined by the Tribal or soil that has
Representatives from the Gabrielefio Band of not been
Mission Indians-Kizh Nation as activities that previously
include,but are not limited to,pavement removal, monitored
pot-holing or auguring,grubbing,weed abatemenk
boring,grading,excavation,and trenching,within
the project area.The monitor(s)must be approved
by the Tribal Representatives and will be present
on-site during the construction phases that involve
any ground disturbing activities of soils that have
not been previously subject to monitoring.The
Native American Monitor(s)will complete
monitoring logs on a daily basis.The logs will
provide descriptions of the daily activities,
including construction activities,locations,soil,and
any cultural materials identified.The monitor(s)
shall possess Hazardous Waste Operations and
Emergency Response(HAZWOPER)certification.In
addition,the monitor(s)will be required to provide
insurance certificates,including liability insurance,
for any archaeological resource(s)encountered
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during grading and excavation activities pertinent
to the provisions outlined in the California
Environmental Quality Act,California Public
Resources Code Division 13,Section 21083.2(a)
through(k).The onsite monitoring shall end when
the project site grading and excavation activities
are completed,or when the Tribal Representatives
and monitor have indicated that the site has a low
potential for archeological resources.**Hazwoper
is needed only if the site has hazardous concerns.
MM TCR-2 All archaeological resources unearthed by Project Project Applicant During any City of Huntington
construction activities shall be evaluated by the project-related Beach Community
qualified archaeologist and native monitor.if earth-disturbing Development
evidence of an archaeological site or other activities Department
suspected historical resource are discovered
during any project-related earth-disturbing
activities,all earth-disturbing activity within 50
feet of the find shall be halted.if the resources are
Native American in origin,the Tribe shall
coordinate with the landowner regarding
treatment and curation of these resources.
Typically,the Tribe will request reburial or
preservation for educational purposes.If a
resource is determined by the Qualified
Archaeologist to constitute a"historical resource'
pursuant to CEQA Guidelines Section 15064.5(a)or
has a"unique archaeological resource'pursuant to
Public Resources Code Section 21083.2(g),the
Qualified Archaeologist shall coordinate with the
applicant and the City to develop a formal
treatment plan that would serve to reduce impacts
to the resources.The treatment plan established
for the resources shall be in accordance with CEQA
Guidelines Section 15064.5(0 for historical
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resources and Public Resources Code Sections
21083.2(b)for unique archaeological resources.
Preservation in place(i.e.,avoidance)Is the
preferred manner of treatment.If preservation in
place is not feasible,treatment may include
implementation of archaeological data recovery
excavations to remove the resource along with
subsequent laboratory processing and analysis.
Any historic archaeological material that is not
Native American in origin shall be curated at a
public,non-profit institution with a research
interest in the materials,such as the Natural
History Museum of Los Angeles County or the
Fowler Museum,if such an institution agrees to
accept the material.If no institution accepts the
archaeological material,they shall be donated to a
local school or historical society in the area for
educational purposes.
MM TCR-3 Unanticipated discovery of human remains and Project Applicant/ Prior to the start City of Huntington
associated funerary objects:Prior to the start of landowner of initial ground Beach Community
initial ground disturbing activities,the landowner disturbing Development
shall arrange a designated site location within the activities Department
footprint of the project site for the respectful
reburial of the human remains and/or funerary
objects discovered on site.
Funerary objects are objects that,as part of the
death rite or ceremony of a culture,are reasonably
believed to have been placed with individual
human remains either at the time of death or later;
other items made exclusively for burial purposes or
to contain human remains can also be considered
as associated funerary objects.If funerary objects
are discovered during grading or archeological
excavations,they shall be treated in the same
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manner as bone fragments that remain intact and
the construction contractor and/or qualified
archeologist shall consult with the Gabrieleno Band
of Mission Indians-Kizh Nation(Tribe).All
feasible care shall be taken to avoid any
unnecessary disturbance,physical modification,or
separation of human remains and associated
funerary objects.
As specified by California Health and Safety Code
Section 7050.5,if human remains are found on the
project site during construction or during
archaeological work,the County Coroners office
shall be immediately notified and no further
excavation or disturbance of the discovery within a
minimum of 50 feet or any nearby area reasonably
suspected to overlie adjacent remains shall occur
until the Coroner has made the necessary findings
as to origin and disposition pursuant to Public
Resources Code 5097.98.If the Coroner recognizes
the remains to be Native American,he or she shall
contact the Native American Heritage Commission
(NAHC)within 24 hours.The NAHC would make a
determination as to the Most Likely Descendent
The discovery is to be kept confidential and secure
to prevent any further disturbance.If Native
American,the coroner will notify the NAHC as
mandated by state law who will then appoint a
Most Likely Descendent In the case where
discovered human remains cannot be fully
documented and recovered on the same day,the
remains will be covered with muslin cloth and a
steel plate that can be moved by heavy equipment
placed over the excavation opening to protect the
remains.If this type of steel plate is not available,a
24-hour guard should be posted outside of working
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hours.The Tribe will make every effort to
recommend diverting the project and keeping the
remains in situ and protected.If the project cannot
be diverted,it may be determined that burials will
be removed.The Tribe will work closely with the
Qualified Archaeologist to ensure that the
excavation is treated carefully,ethically and
respectfully.If data recovery is approved by the
Tribe,documentation shall be taken which includes
at a minimum detailed descriptive notes and
sketches.Additional types of documentation shall
be approved by the Tribe for data recovery
purposes.Cremations will either be removed in
bulk or by means as necessary to ensure
completely recovery of all material.If the discovery
of human remains includes four or more burials,
the location is considered a cemetery and a
separate treatment plan shall be created.The
project applicant/developer shall consult with the
Tribe regarding avoidance of all cemetery sites.
Once complete,a final report of all activities is to be
submitted to the NAHC.The Tribe does not
authorize any scientific study or the utilization of
any invasive diagnostics on human remains.
Each occurrence of human remains and associated
funerary objects will be stored using opaque cloth
bags.All human remains,funerary objects,sacred
objects and objects of cultural patrimony will be
removed to a secure container on site if possible.
These items shall be retained and reburied within
six months of recovery.The site of
reburial/repatriation shall be on the project site
but at a location mitigated between the Tribe and
the landowner at site to be protected in
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perpetuity.There shall be no publicity regarding
any cultural materials recovered.
Utilities and Service Systems
RR UTIL-1 In accordance with the Public Works'requirements Project Applicant During the final City of Huntington
(Huntington Beach Zoning and Subdivision Ordinance design/plan check Beach Public Works
230.84 and Municipal Code 14.36.010),during the Department
final design/plan check,the Applicant shall prepare a
sewer study,which would include a 14-day or longer
flow test data and submit to the Public Works
Department for review and approval.The location
and number of monitoring test sites shall be
determined by the Public Works Department The
sanitary sewer system shall be designed and
constructed to serve the development,including any
offsite improvements necessary to accommodate any
increased flow associated with the project.
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Res. No. 2021-01
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 January 19, 2021 by the following vote:
AYES: Kalmick, Ortiz, Posey, Moser, Delgleize
NOES: Peterson, Carr
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California