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2018-06-04 Agenda Packet
MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk’s Office at (714) 536-5227 for more information, or request assistance from the staff or Sergeant-at-Arms at the meeting. PUBLIC COMMENTS: To address the legislative body on items of interest not scheduled for public hearing, Request to Speak forms will be made available at the meeting and are collected by the staff or Sergeant at Arms. Some legislative bodies may provide different Request to Speak forms for public hearing items. AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: City Council and Planning Commission meetings are televised live on HBTV-3 Channel 3, and can be viewed via live or archived website at http://www.huntingtonbeach.granicus.com. AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Monday, June 4, 2018 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Study Session - None / 5:00 PM - Closed Session Regular Meeting - 6:00 PM MAYOR AND CITY COUNCIL MIKE POSEY, Mayor ERIK PETERSON, Mayor Pro Tem PATRICK BRENDEN, Councilmember BARBARA DELGLEIZE, Councilmember JILL HARDY, Councilmember WILLIAM O’CONNELL, Councilmember LYN SEMETA, Councilmember STAFF FRED A. WILSON, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA CUTCHEN, City Treasurer -1- City Council/Public Financing Authority AGENDA June 4, 2018 Based on the lack of a Study Session and time needed to cover the Closed Session items, the meeting will be called to order at 5:00 PM 5:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 1.Mayor Posey to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiators: Peter Brown, outside counsel and Chief Negotiator, Assistant City Manager Lori Ann Farrell-Harrison, and Michele Warren, Director of Human Resources; also in attendance: City Manager Fred Wilson, Fire Chief David Segura, Chief of Police Robert Handy and Acting Chief Financial Officer Dahle Bulosan who will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Firefighters' Association (HBFA), Management Employees' Organization (MEO), Huntington Beach Police Officers’ Association (POA) and Police Management Association (PMA). CLOSED SESSION 2.Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiators: Peter Brown, outside counsel and Chief Negotiator, Lori Ann Farrell-Harrison, Assistant City Manager, Michele Warren, Director of Human Resources; also in attendance: Fred Wilson, City Manager, David Segura, Fire Chief, Robert Handy, Chief of Police, Dahle Bulosan, Acting Chief Financial Officer regarding the following: Huntington Beach Firefighters’ Association (HBFA), Management Employees’ Page 1 of 8 -2- City Council/Public Financing Authority AGENDA June 4, 2018 Organization (MEO), Huntington Beach Police Officers’ Association (POA), and Police Management Association (PMA). 3.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Russell Reinhart v. City of Huntington Beach, COHB Claim No. 17-0096. 4.Pursuant to Government Code §54956.9(d)(2) the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden PLEDGE OF ALLEGIANCE INVOCATION - In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 5.Cantor Fran Chalin of Vistas Hospice Healthcare and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 6.Mayor Posey to present commendation to Huntington Beach resident Marlene Nielsen for her volunteer work as this past year’s president of the Philharmonic Society of Orange County and for her many years chairing the Cruise of Lights through Huntington Harbour. 7.Mayor Posey to call on Community Services Director Marie Knight who will introduce members of the City’s Children’s Needs Task Force to recognize the 2018 American Youth Character Awards, Wall of Fame Honorees. 8.Mayor Posey will call on Chair Debbie Killey of the City’s Environmental Board and Kim Kramer of HB Public Art Alliance who Page 2 of 8 -3- City Council/Public Financing Authority AGENDA June 4, 2018 will present commendations to 10 winners who participated in the recent art contest. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT CITY CLERK'S REPORT 9.City Clerk to preview the Legistar Agenda Management Webpage CONSENT CALENDAR 10.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated May 7, 2018, as written and on file in the Office of the City Clerk. Recommended Action: 050718rmDRAFT.pdfAttachments: 11.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with GMC Engineering, Inc, in the amount of $394,394 for the Central Park Parking Lot at Shipley Project, CC-1563; and, authorize 15% in contingency funds A) Accept the lowest responsive and responsible base bid submitted by GMC Engineering, Inc., in the amount of $394,394; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and , C) Authorize the Director of Public Works to expend up to 15% in contingency funds . Recommended Action: Att#1 - Bid Results Att#2 - Location Map.pdf Attachments: 12.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Golden State Constructors in Page 3 of 8 -4- City Council/Public Financing Authority AGENDA June 4, 2018 the Amount of $486,031.00 for the City-wide ADA Improvements Project, CC-1568; and, authorize 15% in contingency funds A) Accept the lowest responsive and responsible base bid submitted by Golden State Constructors in the amount of $486,031.00; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and , C) Authorize the Director of Public Works to expend up to 15% in contingency funds. Recommended Action: Att#1 - Bid Results Att#2 - Location Maps Attachments: 13.Release Guarantee and Warranty Bond for Tract 17716 (Coastal Walk Subdivision) Release Guarantee and Warranty Bond No. PB03010401931-M (Attachment 1) and instruct the City Clerk to notify Olson Urban - Huntington Beach 2 LLC and the City Treasurer to notify Philadelphia Indemnity Insurance Company of this action. Recommended Action: Att #1 - G&W Bond (Coastal Walk).PDF Att #2 - Location Map.PDF Attachments: 14.Accept the Sewer Service Fund Performance Audit for Fiscal Year 2017-18 Accept the Sewer Service Fund Annual Performance Audit for Fiscal Year 2017-18 Recommended Action: Att#1 Annual Report 17-18Attachments: 15.Adopt Resolution No. 2018-31 Establishing Permit Parking District “W” Affecting Residents on Farinella Drive between Edwards Street and Cooper Lane. Adopt Resolution No. 2018-31, “A Resolution of the City Council of the City of Huntington Beach Establishing Permit Parking District “W” Within the City of Huntington Beach” Recommended Action: Page 4 of 8 -5- City Council/Public Financing Authority AGENDA June 4, 2018 Att#1 - Vicinity Map Att#2 - Parking District Area Map Att#3 - Staff Evaluation Att#4 - Parking District W Attachments: 16.Adopt Resolution No. 2018-30 Amending Residential Permit Parking District “K” Affecting Residents along Farinella Drive Adopt Resolution No. 2018-30, “A Resolution of the City Council of the City of Huntington Beach Amending Permit Parking District “K” Within the City of Huntington Beach”. Recommended Action: Att#1 - Vicinity Map Att#2 - Map Parking District K Att#3 - Map Requested Amendment Area Att#4 - Map Proposed Amendment Area Att#5 - Staff Evaluation Att#6 - Reso 2018-30 Attachments: 17.Approve and authorize execution of an amendment to the West Orange County Water Board (WOCWB) Joint Powers Agreement to make the WOCWB Fiscal Year July 1 through June 30 Approve and authorize the Mayor and City Clerk to execute “Amendment to the West Orange County Water Board Joint Powers Agreement” to change the Fiscal Year to July 1 through June 30. Recommended Action: Att#1 WOCWB_fiscal year amendment.pdfAttachments: 18.Second reading for adoption for Ordinance No. 4134 approving Zoning Map Amendment No. 16-003 and Ordinance No. 4135 approving Development Agreement No. 16-001-Windward Residential and Open Space (Approved for Introduction 5/21/18 as amended by Supplemental Communication Vote: 4-1-2 (Hardy-No; Peterson, Semeta-Absent) A) Approve Zoning Map Amendment No. 16-003 with findings for approval (Attachment No. 1) and adopt Ordinance No. 4134, "An Ordinance of the City of Huntington Beach Amending District Map 33 (Sectional Map 28-5-11) of the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Property Generally Located Southeast of the Recommended Action: Page 5 of 8 -6- City Council/Public Financing Authority AGENDA June 4, 2018 Intersection of Bolsa Chica Street and Los Patos Avenue from Residential Agriculture-Coastal Zone Overlay (RA-CZ) to Specific Plan-Coastal Zone Overlay (SP-CZ) (Zoning Map Amendment No. 16-003);” and, B) Approve Development Agreement No. 16-001 with findings for approval (Attachment No. 1) and adopt Ordinance No. 4135, “An Ordinance of the City of Huntington Beach Adopting a Development Agreement By and Between the City of Huntington Beach and Signal Landmark (Developer) (Development Agreement No. 16-001).” RCA dtd 5/21/2-18.pdf Att#1 Windward-Suggested Findings for Approval.pdf Att#2 Windward-Reso No. 2017-20 for GPA No. 16-002.pdf Att#3 Windward-Ord No. 4134 for ZMA No. 16-003.pdf Att#4 Windward-Reso No. 2017-19 for ZTA No. 16-004.pdf Att#5 Windward-Reso No. 2017-18 for LCPA No. 16-002.pdf Att#6 Windward-Ord No. 4135 for DA No. 16-001.pdf Att#7 Windward-Map of surrounding development and resources.pdf Att#8 Windward-Draft Specific Plan-Redline Version.pdf Att#9 Windward-Draft Development Agmnt-Redline Version.pdf Att#10 Windward-Draft Mitigated Negative Declaration 16-003.pdf Att#11 Windward-Draft Mitigated Declaration 16-003-Response to Comments.pdf Att#12 Windward-Open Space-Passive Park Concept Plan.pdf Att#13 Windward-Planning Commission Staff Rpt dtd 6-27-2017.pdf Att#14 Windward-Site Plans, Floor Plans and Elevations.pdf Att#15 Windward-Planning Commission NOA dtd 6-28-2017.pdf Att#16 Windward-PowerPoint Presentation.pdf Attachments: PUBLIC HEARING 19.Public Hearing to consider adopting Resolution No. 2018-34 to Adopt a Page 6 of 8 -7- City Council/Public Financing Authority AGENDA June 4, 2018 Budget for the City for Fiscal Year 2018/2019 - Continued from May 21, 2018 with Public Hearing Open A) Conduct the Public Hearing on the Proposed FY 2018/19 City budget appropriation of $373,127,959 as outlined in the Proposed Budget document; B) Adopt Resolution Number 2018-34, “A Resolution of the City Council of the City of Huntington Beach Adopting a Budget for the City for Fiscal Year 2018/19;” C) Authorize the Professional Services included in the FY 2018/19 budget to be representative of the services projected to be utilized by the departments in FY 2018/19; D) Approve adjustments to the FY 2018/19 Proposed Budget in the Funds and by the amounts contained in Attachment 2, Exhibit A-1; E) Approve the FY 2018/19 Proposed Budget Table of Organization as shown on Attachment 2 Exhibit D; and, F) Approve an amendment to the City’s Financial Policies to adjust reserve policies for the Water and Sewer Service Funds as shown on Attachment 4. Recommended Action: Att#1 - Public Hearing Notice City Council FY18-19 Proposed Budget_2018-05-21.pdf Att#2 - Reso 2018-34 Budget Final.pdf Att#2 - Exhibit A-D FY 18.19 Proposed Budget.pdf Att#3 - Professional Services FY2018-19.pdf Att#4 - Financial Policies Enterprise Funds FY18-19.docx Attachments: 20.Adopt Resolution No. 2018-29, a Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 2016-59, Establishing the Consolidated Comprehensive Citywide Master Fee and Charge Schedule (Supplemental Fee Resolution No. 5) - Continued from May 21, 2018 with Public Hearing Open A) Conduct a public hearing regarding the Master Fee and Charges Schedule Adjustments; and, B) Adopt Resolution No. 2018-29, “A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 2016-59, Establishing the Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee Recommended Action: Page 7 of 8 -8- City Council/Public Financing Authority AGENDA June 4, 2018 Resolution No. 5)” Att #1 Reso 2018-29 Master Fee and Charges Final.pdf Att #2 Public Hearing Notice City Council Fee Schedule 2018-05-21.pdf Att #3 Master Fee & Charges Adj City Council Meeting 05.21.2018.ppt Attachments: ORDINANCES FOR INTRODUCTION 21.Approve for Introduction Ordinance No. 4162 adding Chapter 12.40 to the Municipal Code regarding installing City-Owned Communications Infrastructure as part of Right-of-Way Projects of Electric, Gas, and Telecommunication Providers Approve for Introduction “An Ordinance of the City of Huntington Beach Adding Chapter 12.40 to the Huntington Beach Municipal Code Regarding Installing City-owned Data Communications Infrastructure as Part of Right-of-Way Projects of Electric, Gas and Telecommunication Providers.” Recommended Action: Att#1 - FiberMasterPlan Att#2 - Ordinance No. 4162 Attachments: COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, June 18, 2018, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.org Page 8 of 8 -9- Minutes City Council/Public Financing Authority City of Huntington Beach Monday, May 7, 2018 4:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER — 4:00 PM ROLL CALL Present: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet: Study Session: Item No. 1 - PowerPoint communication entitled FY 2016/17 Financial Results: Audit and Year End Overview. Item No. 2 - PowerPoint communication entitled Strategic Plan Update: Budget Balancing Options. PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) — None STUDY SESSION 1. Presentation from the Finance Department regarding the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended September 30, 2017 City Manager Fred Wilson introduced Finance Manager Dahle Bulosan and Auditor Jennifer Farr, Davis Farr LLP, who presented a PowerPoint communication entitled FY 2016/17 Financial Results: Audit and Year End Overview, with the following slides: FY 2016/17 Audit Results, Audit Results, Internal Controls, Areas of Audit Focus in FY 16/17, Upcoming Audit, FY 2016/17 Performance (Audited), and General Fund FY 2016/17 Revenue/Expenditures and Questions? -10- Council/PFA Regular Minutes May 7, 2018 Page 2 of 16 Mayor Posey thanked Lori Ann Farrell, Assistant City Manager and former CFO for laying the groundwork for this excellent report, and discussed GASB 75 details with Manager Bulosan. 2. City Manager Fred Wilson called on Assistant City Manager Lori Ann Farrell Harrison to provide a discussion and presentation of Budget Balancing Options City Manager Fred Wilson introduced Assistant City Manager Lori Ann Farrell who, with Finance Department staff, presented a PowerPoint communication entitled Strategic Plan Update: Budget Balancing Options which included the following slides: Overview, A Decade of Fiscal Challenges 2008- 2018, Ongoing Operating and Capital Needs, Rising Pension Costs - Leagues of CA Cities Report, Budget Balancing - Revenue Options, Successful Ballot Measures, Results of 2016 Election - CA Cities, Successful Ballot Measures in CA Cities - 2016, Type of Revenue - Transient Occupancy Tax (TOT), Type of Revenue - Sales Tax (General), Type of Revenue - Special Sales Tax - Public Safety, Examples of Use of 1/4 Cent Measure Proceeds - $6.2M, Opportunities to Increase Cost Recovery, Type of Revenue - Citywide Fees & Charges, Citywide Fees & Charges Scenarios, Type of Revenue - Parking Citations, Parking Citations Scenarios, Leveraging City Assets, Type of Revenue - Commercial Refuse Franchise Fee, Type of Revenue - Dark Fiber Leasing Fee, Type of Revenue - PCTA Cable Franchise Fees/PEG, Shared Services Agreements, Other Revenue Strategies/Cost Benefit Analyses, Revenue Opportunities and Challenges, Expenditure Reductions, Budget Balancing - Expenditure Reductions, Across-the-Board Cuts, Employee Cost Sharing, 5 Year Financial Plan Strategy, 5 Year Financial Plan Estimates General Fund, Summary, and 5 Year Financial Plan Strategy - Next Steps. Councilmember Hardy and staff discussed the difference between a Regular Sales Tax and the usually restricted Special Sales Tax which would be separate from the General Fund. Councilmember Hardy asked whether the City should poll constituents to consider a possible sales tax increase soon, rather than waiting until it may require a special election. She also raised questions regarding how an increased Transient Occupancy Tax (TOT) could ultimately impact revenue if Huntington Beach has a rate higher than the immediate surrounding cities. Councilmember Delgleize and Manager Farrell discussed options such as an increase in fees, to raise revenue, rather than just considering increased taxes. Councilmember Brenden and Manager Farrell discussed Transient Occupancy Tax and related supplemental taxes, and Councilmember Brenden suggested that Huntington Beach should be looking at the rates charged in the other Coastal communities rather than looking at Anaheim or Garden Grove numbers. Manager Farrell and City Clerk Estanislau discussed timelines and processes for a ballot measure in response to Councilmember Brenden's inquiry. Councilmember Brenden confirmed with Director Farrell that the percent increases used in the presentation were just examples to demonstrate how much a 1% increase could generate, but the actual percentage increase would be determined by Council. Assistant to the City Manager Antonia Graham and Councilmember Brenden discussed Dark Fiber. Councilmember Brenden asked if parking meter rates can be adjusted based on demand, and suggested that Short Term Rentals and the cannabis market also be considered as potential sources of increased revenue. City Manager Wilson stated that staff is looking for direction from Council at this time as to which of the options presented should be pursued in greater detail. -11- Council/PFA Regular Minutes May 7, 2018 Page 3 of 16 Mayor Pro Tem Peterson suggested that as a good start, staff work with the Finance Commission for drilling down, helping to determine realistic options, and reporting back well before September. He further suggested that each Department needs to determine if increased costs are from staff, processes, or equipment needs, and to look at outsourcing as a possible means to reduce pension and long-term liability expenses. Councilmember Semeta stated that she does not support increasing sales tax and suggested that Program Based Budgeting, department/agency efficiencies as well as cost sharing with other cities all be considered in determining options. Mayor Posey shared some thoughts about the Unfunded Mandates, especially related to AB109 and Propositions 47 & 57, and stated that he and Mayor Pro Tem Peterson would have additional information to present at a future date. RECESSED TO CLOSED SESSION — 4:51 PM A motion was made by Brenden, second Hardy to recess into Closed Session for Items 3 – 5. With no objections, the motion carried. Mayor Posey Announced: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, City Manager Fred Wilson, who will be participating in today’s Closed Session discussions regarding labor negotiations with: Management Employees’ Organization (MEO), and Surf City Lifeguard Employees’ Association (SCLEA). CLOSED SESSION 3. Pursuant to Government Code §54956.9(d)(2) the City Council recessed into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 4. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: The Kennedy Commission, et al. v. City of Huntington Beach, Orange County Superior Court Case No. 30-2015-00801675. 5. Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager regarding the following: Management Employees’ Organization (MEO) and Surf City Lifeguard Employees’ Association (SCLEA). 6:00 PM – COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:16 PM ROLL CALL Present: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden -12- Council/PFA Regular Minutes May 7, 2018 Page 4 of 16 Absent: None PLEDGE OF ALLEGIANCE - Led by Mayor Pro Tem Peterson INVOCATION – Given by Bishop Rob Clark of the Church of Jesus Christ of Latter-day Saints and Greater HB Interfaith Council In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation Councilmember Delgleize, on behalf of the City Council, expressed condolences and shared some thoughts in response to the recent deaths of Father Christian Mondor, and Ross Nash who was also known as the Huntington Beach Pier Greeter. CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS Mayor Posey called on City Clerk Robin Estanislau to present a proclamation recognizing the International Institute of Municipal Clerks celebration of Municipal Clerks Week, May 6-12, 2018. City Clerk Estanislau introduced the members of her staff and thanked Council for acknowledging Municipal Clerks Week. Mayor Posey called on HBPD Chief Rob Handy and MADD representative Tiffany Ranney to recognize HBPD officers for their efforts to reduce drunk/impaired driving. Four officers made a combined total of 273 arrests in just one year. The top producer in the entire county for DUI arrests was Officer Tai Huynh with 155 arrests. Officer Huynh tied with an officer from the Orange Police Department for the Top DUI Arresting Officer. Officer Doug Demetre made 137 DUI arrests and received the "Century" award for 2017. Officers Roman Altenbach and Grant Hasselbach made 42 and 39 arrests between them, and earned the "Deuce" award. MADD awards were presented by Ms. Ranney, as well as certificates from Senator Josh Newman of District 29. Mayor Posey presented commendation to Rainbow/Republic Services driver Toribio Gonzalez for receiving the national “Driver of the Year” award. Mr. Jeff Snow, Sr. Municipal Services Manager for Republic Services, Inc., introduced Mr. Gonzalez and his family, and announced that in 32 years of service, Mr. Gonzalez has perfect attendance and safety records. Mayor Posey presented commendations for National Economic Development Week to Representative Dave Garofalo of Car Dealers Association, Barbara Mason of Boeing, Kelly Miller of Visit Huntington Beach, Dr. David Gateway of Goldenwest College, James O’Callahan of the Chamber of Commerce, and the City’s Deputy Director of Economic Development Kellee Fritzal. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet: -13- Council/PFA Regular Minutes May 7, 2018 Page 5 of 16 Councilmember Items: Item Nos. 15 and 16 - email communication received from Bill Larkin PUBLIC COMMENTS (3 Minute Time Limit) — 34 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Michael Hoskinson, a former member of the Huntington Beach Planning Commission, was called to speak and voiced his support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark, and asked the Council, as the highest elected City officials, to help raise the standard for public discourse in Huntington Beach. (01:47:43) Maureen was called to speak and shared recent experiences with homeless people in Huntington Beach and asked that something be done before the situation gets totally out of hand. (01:50:02) Mary Barons, Equestrian Center Owner/Operator, was called to speak and introduced Carole Harris and Justine Makoff of Free Rein Foundation, to announce an opportunity on Saturday, May 12, 1-3 p.m., for the public to tour the Equestrian Center and learn about horse related opportunities available for underserved youth. (01:53:21) Norm Westwell was called to speak and voiced his support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (01:56:25) Mike Van Voorhis, Sunset Beach Community Association President, was called to speak and announced the 51st Annual Art Festival, May 12 and 13, 9 a.m. - 5 p.m., on the greenbelt near 12th Street and Pacific Coast Highway. All funds raised are donated to art programs at local schools and charities. (01:59:39) Darlene Savord was called to speak and stated her support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (02:02:57) Domnic McGee, long-time resident of Huntington Beach, was called to speak and stated his support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (02:06:23) Amory Hansen, Candidate for City Council in 2018, was called to speak and pointed out a name misspelled in the draft minutes dated April 2, 2018, Consent Calendar Item No. 6, and also voiced concerns that the same record did document the removal of a public speaker from Council Chambers. (02:09:45) Desire' Campusano was called to speak and stated her opposition to City Attorney's Report, Item No. 3, regarding the lawsuit challenging SB 54, the State's recently enacted Sanctuary State law. (02:12:56) Adam Rosas was called to speak and stated his support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (02:15:05) Teresa Carlisle, Huntington Beach Art Center Steering Committee Chair, was called to speak and invited everyone to the Art for Lunch event on May 17th where desert will be provided but attendees bring their own lunch. (02:19:11) -14- Council/PFA Regular Minutes May 7, 2018 Page 6 of 16 Allison Carlock, a resident of Huntington Beach, was called to speak and stated her opposition to City Attorney's Report, Item No. 3, regarding the lawsuit challenging SB 54, the State's recently enacted Sanctuary State law. (02:20:44) Kathryn Levassiur, 19-year resident of Huntington Beach, was called to speak and asked the City Council to move forward in addressing the issue of Short Term Vacation Rentals, and stated her support for permitted and regulated Short Term Rentals in Huntington Beach. (02:22:49) Rickie Hulsey, a Huntington Beach property owner since 1988, was called to speak and stated her support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (02:24:48) Shannon Slater was called to speak and stated her support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (02:27:14) Zoraya Perez was called to speak and stated her support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (02:29:30) Breannia Lalama was called to speak and stated her support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (02:30:47) DD Dominquez was called to speak and stated her support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (02:33:09) Kim Sorgente, a Huntington Beach homeowner, was called to speak and stated his support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (02:35:56) Beverly Welch was called to speak and stated her support for the lawsuit challenging SB 54, the State's recently enacted Sanctuary State law, and the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (02:39:53) John Earl, a resident of Huntington Beach, was called to speak and stated his opposition to the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (02:43:46) Dura Young was called to speak and stated her support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (02:46:52) Fred MacIntosh was called to speak and stated his support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (02:49:22) Dean Cilva was called to speak and stated his support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (02:50:31) Lisa Collins was called to speak and stated her support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (02:53:16) Jesse Suave was called to speak and stated his support for the lawsuit challenging SB 54, the State's recently enacted Sanctuary State law, and the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (02:55:48) -15- Council/PFA Regular Minutes May 7, 2018 Page 7 of 16 Karen Coyne, Huntington Beach Huddle Environment Team Member, was called to speak and asked the Council to put the HB Huddle supplied climate change resolution on an upcoming agenda. (02:57:21) Pam Kamps, Huntington Beach Huddle Member, was called to speak and asked the Council to put the HB Huddle supplied climate change resolution on an upcoming agenda. (03:00:27) Genevieve Peters was called to speak and stated her support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (03:03:26) Joseph Chan was called to speak and stated his support for the lawsuit challenging SB 54, the State's recently enacted Sanctuary State law, and the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (03:06:56) Catherine Johnson was called to speak and stated her support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (03:10:19) Valentina Bankhead, resident of Orange, was called to speak and stated her support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (03:13:20) Nilofar Abawi, a 30-year resident of Huntington Beach, was called to speak and stated her support for the recent Finance Commission Council appointment of Gracey Larrea Van Der Mark. (03:16:19) Gracey Larrea Van Der Mark, a resident of Huntington Beach for over 18 years and recent Finance Commission appointee, was called to speak and described her efforts to become informed and educated, her support for dialogue based on facts and truth, and thanked Councilmember Brenden for appointing her to a position of service. (03:18:17) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember O'Connell reported attending a Housing Community Development Commission meeting, the Association of California Cities - Orange County (ACC-OC) Golden Hub Award event, a Changing of Command event in San Diego, and he gave a shout-out for the Huntington Beach Police Department staff who will be participating in this week's Police Unity Tour. Councilmember Semeta reported attending the Assistance League "Treasures by the Sea" fundraising event, and the OC Tourism Conference. Mayor Pro Tem Peterson reported attending a meeting of the California Senate Natural Resources Water Committee in Sacramento to support SB 1299 on behalf of Huntington Beach, regarding local control of our Harbour and Midway channels. Councilmember Delgleize reported attending a Metropolitan Water District Policy Forum, a Huntington Beach Tomorrow annual meeting, participating in Youth Board interviews, attending the 7th Annual Golden Hub Awards event, the Assistance League "Treasures by the Sea" fundraiser, and the OC Tourism Conference. -16- Council/PFA Regular Minutes May 7, 2018 Page 8 of 16 Councilmember Brenden reported making a business visit to VIRUS, a business that manufactures and sells specialty fitness clothing, attending the Public Cable Television Authority (PCTA) Board meeting, a meeting of the Allied Arts Board, conducting an Air Traffic Noise Working Group meeting, meeting with Matt Peterson, Downtown Business Improvement District (BID) President, making a business visit to Modus which provides fleet tracking software, and attending the 10th Annual Orange County Visitor Association (OCVA) Tourism Conference. Mayor Posey reported attending a meeting of the Orange County Parks Commission, co-chairing the West Orange County Water Board meeting with Councilmember Semeta, and the Mayor's Town Hall Meeting on the Local and Regional Impacts of Statewide Decreased Incarceration Rates. Councilmember O'Connell announced he would be leaving the meeting early due to an impending flight. At 8:14 PM, he exited the Council Chambers. CITY MANAGER’S REPORT 1. City Manager Fred Wilson called on Police Chief Robert Handy to provide a Police Department Update Chief Handy provided a status update on implementation of many of the third party review recommendations issued by Management Partners consultants in March 2018. CITY TREASURER’S REPORT 2. Received and filed the City Treasurer’s March 2018 Quarterly Investment Summary Report City Treasurer Alisa Cutchen presented a PowerPoint communication titled Quarterly Treasurer's Report for the Quarter ended March 31, 2018, which included slides entitled Economic and Market Overview - At 3/31/18, Interest Rates - Rising 2-Year Treasury, Portfolio Summary As of 3/31/18, Investments by Type as of March 31, 2018, Monthly Portfolio Earnings - April 2017 to March 2018, Recent Changes affecting Investment Portfolio, Portfolio Earnings - as of March 31, 2018, and Compliance. Councilmember Delgleize and Treasurer Cutchen discussed the current portfolio shows the highest increase in rates for recent years. A motion was made by Brenden, second Delgleize to receive and file the City Treasurer's Quarterly Investment Report for March 2018, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following vote: AYES: Semeta, Peterson, Posey, Delgleize, and Brenden NOES: None ABSENT/OUT OF ROOM: O’Connell-Absent; Hardy-Out of Room CITY ATTORNEY’S REPORT City Attorney Michael Gates provided a report on the following lawsuits: -17- Council/PFA Regular Minutes May 7, 2018 Page 9 of 16 3. City of Huntington Beach filed a lawsuit on April 4, 2018, against The State of California, Edmund Gerald Brown, Jr., Governor of California, and Xavier Becerra, Attorney General of California challenging SB 54, the State’s recently enacted Sanctuary State law. The City’s lawsuit was filed in the Orange County Superior Court Case No. 30-2018-00984280 and assigned to Judge James L. Crandall, Dept. C33. 4. City of Huntington Beach filed a lawsuit on April 24, 2018 against Daniel Horgan to enjoin him from proceeding with his Petition to place a Measure on this November’s ballot to Ban Guns in the City of Huntington Beach. The City’s lawsuit was filed in the Orange County Superior Court Case No. 30-2018-00988343 and assigned to Judge Robert Moss, in Dept. C14. 5. City of Huntington Beach and Successor Agency filed a lawsuit on April 25, 2018 against the Edmund G. Brown, Jr., Michael Cohen, Director of the California Department of Finance, Justyn Howard, Program Budget Manager of the Department of Finance of The State of California, Department of Finance of The State Of California; and Eric H. Woolery, Auditor-Controller of The County of Orange. This lawsuit was authorized by City Council months ago, but this filing is taking place now after the requisite time for the government claim to be submitted and evaluated by the State of California. The lawsuit challenges the State’s withholding, and seeks recovery, of approximately $75,000,000 in redevelopment reimbursements that are owed to the City by the State of California. CONSENT CALENDAR Mayor Posey acknowledged Speaker Hanson’s report of a typographic error made in the draft minute document dated April 2, 2018, and asked the City Attorney for an opinion on the appropriateness of documenting an escort from the Council Chambers. City Attorney Michael Gates confirmed that there is no need to report in the Minutes of the same date that a public speaker was escorted out of the Council Chambers because there was no formal admonishment of that speaker. 6. Approved and adopted minutes A motion was made by Delgleize, second Peterson to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated April 2, 2017, as amended to correct misspelled name, and the City Council/Public Financing Authority regular meeting minutes dated April 16, 2017, as written and on file in the Office of the City Clerk. The motion carried by the following vote: AYES: Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None ABSENT: O’Connell 7. Adopted Resolution No. 2018-28 approving City Authorized Agents to apply for and obtain Financial Assistance for Disaster and Emergency Relief -18- Council/PFA Regular Minutes May 7, 2018 Page 10 of 16 A motion was made by Delgleize, second Peterson to adopt Resolution 2018-28, "A Resolution of the City Council of the City of Huntington Beach Authorizing Certain City Officials to Execute Grant Applications and Documents" to obtain disaster and emergency relief. The motion carried by the following vote: AYES: Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None ABSENT: O’Connell 8. Awarded and authorized execution of a construction contract in the amount of $1,772,634 to R.J. Noble Company for the Residential Overlay of Maintenance Zone 1, CC-1567; and, authorized appropriation of funds A motion was made by Delgleize, second Peterson to accept the lowest responsive and responsible bid submitted by R.J. Noble Company in the amount of $1,772,634; and, appropriate $20,000 from the Water Fund to business unit 50685201.82100; and, appropriate $50,000 from the Sewer Fund to business unit 51185101.82600; and, appropriate $500,000 from the Infrastructure Fund to business unit 31440001.82000; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following vote: AYES: Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None ABSENT: O’Connell 9. Approved and authorized execution of agreements with Best Towing, LLC, and Mandic Motors, Inc., for Police Directed Services; and, adopted Resolution No. 2018-21 revising the fees for Towing Services and Garage Impounds A motion was made by Delgleize, second Peterson to approve and authorize execution by the Mayor and City Clerk of the "Agreement Between the City of Huntington Beach and Best Towing, LLC, for Police Directed Towing and Storage Services;" and, approve and authorize execution by the Mayor and City Clerk of the "Agreement Between the City of Huntington Beach and Mandic Motors, Inc., for Police Directed Towing and Storage Services;" and, adopt Resolution No. 2018-21, "A Resolution of the City Council of the City of Huntington Beach Revising the Fees for Towing Services and Garage Impounds" effective April 1, 2018. The motion carried by the following vote: AYES: Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None ABSENT: O’Connell 10. Approved and authorized execution of Amendment No. 1 to an agreement with GRC and Associates, Inc. for consulting services for the Housing Rehabilitation Loan Program in the amount of $85,000 for a total contract amount not to exceed $175,000 and extending the contract term through February 5, 2020 -19- Council/PFA Regular Minutes May 7, 2018 Page 11 of 16 A motion was made by Delgleize, second Peterson to approve and authorize the City Manager to execute "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and GRC Associates, Inc. for Administration of the Housing Rehabilitation Loan Program" in the amount of $85,000 and extending the contract term through February 5, 2020. The motion carried by the following vote: AYES: Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None ABSENT: O’Connell 11. Approved and authorized execution of a 3-year Professional Services Contract with Townsend Public Affairs, Inc. for State Advocacy Services in an amount not to exceed $195,000 A motion was made by Delgleize, second Peterson to approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract between the City of Huntington Beach and Townsend Public Affairs for State Advocacy Services" in an amount not to exceed $195,000. The motion carried by the following vote: AYES: Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None ABSENT: O’Connell PUBLIC HEARING 12. Approved the 2018-19 Annual Action Plan for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs; and, authorized the City Manager to sign the Application for Federal Assistance Funds City Manager Fred Wilson introduced Deputy Director of Economic Development Kellee Fritzal who presented a PowerPoint communication entitled Public Hearing to Approve 2018-2019 Annual Action Plan for HUD Funding, with slides entitled 2018-19 Anticipated CDBG Allocations, CDBG Allocation Process, 2018-19 CPAB Recommendations for Community Development Block Grant Funding, Public Services: 15% Cap (3), Admin, Housing & Code Enf., Public Improvements, and Next Steps. Deputy Director Fritzal stated that since the HUD final grant allocation had just been received, and was incorporated into this report, Recommended Action B) to direct the Economic Development Committee (EDC) to make final determination if the 2018-19 CDBG and HOME Programs HUD grant allocation should increase or decrease from the anticipated grant allocation, was no longer applicable. Mayor Posey opened the Public Hearing. City Clerk Robin Estanislau announced receipt of Supplemental Communications to the City Council (received after distribution of the Agenda Packet) for this item: A memo and PowerPoint communication received from Kellee Fritzal, Deputy Director of Business Development, and indicated that no one had signed up to speak on the item. -20- Council/PFA Regular Minutes May 7, 2018 Page 12 of 16 With no one present to speak, Mayor Posey closed the Public Hearing. A motion was made by Delgleize, second Hardy to approve the 2018-19 Annual Action Plan for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Program funds; and, authorize the City Manager to sign any and all applications and necessary documents for Federal assistance under the CDBG and HOME programs after review by the City Attorney. The motion carried by the following vote: AYES: Semeta, Posey, Delgleize, Hardy, and Brenden NOES: Peterson ABSENT: O’Connell 13. Approved for Introduction Ordinance No. 4156 approving Zoning Text Amendment (ZTA) No. 18-001 amending Section 213.06 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) (Ancillary Alcohol Sales in OS-PR Zoning District) City Manager Fred Wilson introduced Assistant Planner Nicolle Bourgeois who presented a verbal communication describing details of the proposed Ordinance. Councilmember Hardy and staff discussed that since the City owns Central Park, the Conditional Use Permit would not necessarily be extended to a new Leasee. Mayor Posey opened the Public Hearing. City Clerk Robin Estanislau announced receipt of Supplemental Communications to the City Council (received after distribution of the Agenda Packet) for this item: Email communication received from Richardson Gray, and a PowerPoint communication entitled Zoning Text Amendment No. 2018-001: Ancillary Alcohol Sales in OS-PR Zone. Public Hearing Speakers — 2 Richardson Gray, Downtown homeowner for over 11 years, was called to speak and stated his support for proposed Ordinance No. 4156 because it limits alcohol sales to only Central Park and golf courses. He further stated he is opposed to any alcohol sales in any other parks or beaches. (03:53:05) Amory Hanson, Candidate for City Council in 2018, was called to speak and stated his opposition to proposed Ordinance No. 4156, because in his opinion it is not appropriate for any City, State or the Federal government to sell alcohol on its property. Also, he feels this Ordinance may open the door to allow alcohol sales at other City parks. (03:53:32) There being no more public speakers, Mayor Posey closed the Public Hearing. Councilmember Delgleize thanked Councilmember Brenden for bringing this item forward and stated her support for proposed Ordinance No. 4156 because it specifies only restaurants with full table service. Mayor Pro Tem Peterson confirmed with staff that the Leasee actually gets the liquor license and the liquor license can usually be transferred to a new business. -21- Council/PFA Regular Minutes May 7, 2018 Page 13 of 16 Councilmember Semeta discussed with staff how "full table service" is defined (service provided by a server at a sit-down table), and asked whether it needs to be defined within the Ordinance. Chief Assistant City Attorney Mike Vigliotta stated that since the property is owned by the City this should not be a major concern. Councilmember Hardy, Police Chief Handy and staff discussed that if one of the restaurants were to be sold with the alcohol license, as landowner the City Council would still review the new lease with a new owner, and the CUP would be reviewed by the Zoning Administrator. (03:56:25) A motion was made by Delgleize, second Brenden to find the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act (Attachment No.1); and, approve Zoning Text Amendment No. 18-001 with findings by after the City Clerk reads by title, approving for introduction Ordinance No. 4156, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 213 of the Huntington Beach Zoning and Subdivision Ordinance Titled OS Open Space District (Zoning Text Amendment No. 18-001." The motion carried by the following vote: AYES: Semeta, Peterson, Posey, Delgleize, and Brenden NOES: Hardy ABSENT: O’Connell ADMINISTRATIVE ITEMS 14. Approved Tentative Agreement and introduction of proposed Memorandum of Understanding (MOU) between the Surf City Lifeguard Employees’ Association (SCLEA) and the City of Huntington Beach for January 1, 2018 through June 30, 2019 City Manager Fred Wilson reported that the City and the Surf City Lifeguard Employees' Association (SCLEA) have reached a tentative agreement, and introduced Human Resources Director Michele Warren who presented a PowerPoint communication with slides entitled Bargaining Unit Information, SCLEA Wage and Market Data, and Tentative Agreement. A motion was made by Delgleize, second Semeta to approve the Tentative Agreement and the introduction of the proposed Memorandum of Understanding between the Surf City Lifeguard Employees' Association and the City of Huntington Beach for the period January 1, 2018, through June 30, 2019. The motion carried by the following vote: AYES: Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None ABSENT: O’Connell COUNCILMEMBER ITEMS 15. Approved Item Submitted by Mayor Pro Tem Peterson and Councilmember Semeta - Creation of a Harbour Commission -22- Council/PFA Regular Minutes May 7, 2018 Page 14 of 16 Mayor Pro Tem Peterson introduced the item by providing background and describing some of the activities that a Harbour Commission could be responsible for, including assessing needs and helping to develop a master plan. He further stated that the harbour is an asset that sometimes gets neglected and in his opinion, a Harbor Commission would provide a team of advocates. Councilmember Semeta stated her opinion that having one City advisory body for harbour issues makes a lot of sense because there are County and State agencies also involved with issues such as water quality, dredging, safety, and funding. Mayor Posey stated his support for this item, especially in light of proposed SB 1299 which will convey to the City of Huntington Beach control of the main channel including defining the City's goals for Huntington Harbour. A motion was made by Semeta, second Peterson to direct staff, including the City Attorney, to review best practices for the operation of a Harbour Commission, including the make-up of Commission membership, authority of the Commission, and proposed amendments to the Municipal Code, for the creation and operation of a Harbour Commission; and, create an ad hoc committee, to include two Council Members as liaisons, to work with staff and return to Council within 90 days with a proposal covering items as listed above. The motion carried by the following vote: AYES: Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None ABSENT: O’Connell 16. Withdrawn from Consideration Item submitted by Councilmember Brenden — Move City Council Meetings from Monday to Tuesday Councilmember Brenden explained several reasons for bringing this topic forward. Mayor Pro Tem Peterson stated his opinion that this change is not needed and he will not support the request. Councilmember Hardy stated some personal opinions as to why she does not support this item. Mayor Posey stated his reasons for opposing this item. Councilmember Semeta stated that she has personal reasons for supporting the item, however she will defer to the Councilmembers who oppose it. Councilmember Brenden stated that his original intention was to provide what might be a better option for Council meetings, but he withdrew the item as a result of hearing the reasons for not changing the meeting night. COUNCILMEMBER COMMENTS (Not Agendized) -23- Council/PFA Regular Minutes May 7, 2018 Page 15 of 16 Councilmember Semeta reported attending the Library Volunteer Appreciation Event, "We Would Be Shipwrecked without You" to acknowledge the 59,000 hours, equivalent to 28 full-time employees, that more than 130 library volunteers provide, and a meeting where Congressman Rohrabacher discussed sober living home issues with residents. Mayor Pro Tem Peterson reported also attending the meeting with Congressman Rohrabacher and explained the plan is that Federal legislation will be forthcoming to support local concerns. Councilmember Delgleize reported that on Tuesday, May 15, the next 9-week Citizen's Academy starts and she encouraged anyone interested to sign up as soon as possible. Councilmember Hardy reported attending the unveiling of the gorgeous new mural at Huntington Beach High School auditorium, and encouraged everyone to check it out the next time they attend a performance there. Councilmember Brenden reported attending the OCTax members luncheon, the Huntington Beach Union High School District reception, meeting with the Principal Robinson of Ocean View High School, the Association of California Cities - Orange County (ACC-OC) Short-Term Rental Roundtable, meeting with representatives from the Newport Beach-based citizens group regarding their settlement agreement with John Wayne Airport, 1st Ever Adult Spelling Bee by HB Kiwanis, HB Tomorrow Annual Meeting where City Attorney Gates and Councilmember Brenden were speakers and Councilmembers Delgleize and O'Connell assisted with answering audience questions. He also reported attending the HB Chamber of Commerce Legislative Affairs meeting, County of Orange Office of Care Coordination for a Continuum of Care Committee meeting, ACC-OC Legislative and Government Affairs Committee meeting, meeting with Dr. Michael Simons, Board of Trustees of the Huntington Beach Union High School District, Surf City Young Life fundraiser to help middle and high school students, as well as special needs youth, Huntington Beach Interfaith Council 2018 National Day of Prayer where 2017 Peacemaker Awards were presented to Ralph Bauer and Janine Johnson. He concluded his comments by reporting his attendance at the American Red Cross Orange County Heroes luncheon, the Grand Opening of the Student Services building at Goldenwest College, meeting with Assistant Superintendent Crosby of the Huntington Beach Union High School District, the Assistance League “Treasures by the Sea" luncheon, and the HB Art Center new exhibit Color Vision reception. Councilmember Brenden thanked Councilmember Delgleize for her comments at the beginning of the meeting to honor the passing of Father Christian Mondor, and Unofficial City Greeter Ross Nash. Councilmember Semeta expressed condolences to family and friends of Ross Nash, and stated she also attended the HB Chamber of Commerce Legislative Affairs meeting which covered issues related to the 405 Fwy widening project. Mayor Posey reported meeting with Huntington Beach High School journalism students and reporters from De Volkskrant, a Dutch newspaper, for interviews on the Sanctuary City lawsuit, attended the ribbon cutting at 2018 Taste of Huntington Beach with Special Guest/Celebrity Chef Bruno Serato, making a local business visit with Councilmember Brenden and Director of Economic Development Kellee Fritzal to Motus, attending the ACC-OC 7th Annual Golden Hub of Innovation Awards event where Huntington Beach had been nominated for a Public/Private Partnership award for the 9th Street Park which was partially funded by both Rotary and Kiwanis, visiting the ADP Volleyball competition, and the very successful Cars and Copters on the Coast event from which he shared a brief video. -24- Council/PFA Regular Minutes May 7, 2018 Page 16 of 16 ADJOURNMENT at 9:33 PM in memory of Father Christian Mondor and Town Greeter Ross Nash to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, May 21, 2018, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. ______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair -25- Central Park Parking Lot at Shipley Project, CC-1563 Bids were publicly opened on May 15, 2018 with the following results: BIDDER'S NAME BID AMOUNT (Amount Read at Bid Opening)Corrected Amount GMC Engineering, Inc.$394,394.00 $394,394.00 All American Asphalt $397,705.00 $397,705.00 MK Construction $413,240.65 $405,240.65 Roadway Engineering $444,400.00 $444,100.00 Aramexx Construction $464,835.00 $464,835.00 Excel Paving $527,391.00 $527,391.00 Hillcrest Contracting $543,470.00 $543,470.00 Access Pacific $566,471.00 $566,471.00 Wright Construction $583,406.50 $583,406.50 Pavewest $621,882.25 $621,882.25 Golden State Construtors $627,089.00 $627,089.00 YAKAR $677,777.00 $677,777.00 Minako America Corp.$878,770.00 $878,770.00 -26- Parking Lot LOCATION MAP 4/6/2018, 11:12:31 AM Huntington Beach Public Works 1:9,02800.15 0.30.075 mi 0 0.15 0.30.075 km -27- City-wide ADA Improvements Project, CC-1568 Bids were publicly opened on May 15, 2018 with the following results: BIDDER'S NAME BID AMOUNT (Amount Read at Bid Opening)Corrected Amount Golden State Constructors $490,731.00 $486,031.00 Nobest, Inc.$518,800.00 $518,800.00 CEM Construction $627,767.50 $627,767.50 Vido Samarzich, Inc.$669,180.00 $669,480.00 All American Asphalt $733,131.00 $733,131.00 EBS General Engineering, Inc.$786,840.00 $786,840.00 Hardy & Harper, Inc.$822,000.00 $822,000.00 -28- RD 283 RD 292 RD 411 RD 281 RD 282 RD 293 RD 413 RD 412 RD 319 RD 328 RD 329 RD 421 RD 422 RD 423RD 327 RD 291 RD 318 RD 456 RD 455 RD 466 RD 476 RD 475 RD 139 RD 179 -29- LOCATION MAP -30- Philadelphia Indemnity Insurance C BOND NO. PB03010401931-M PREMIUM Included in performance bond GUARANTEE AND WARRANTY BOND WHEREAS, Olson Urban — Huntington Beach 2 LLC as a Principal, and Philadelphia Indemnity Insurance Company ,a corporation organized under the laws of the State of Pennsylvania and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, California, as Obligee, in the penal sum of Twelve Thousand and Fifty Three and No/100 (12,053.00) , representing 10 percent of the contract price entered into between the Principal and Obligee, to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally. WHEREAS, the said Principal entered into a contract with said Obligee, dated April 6, 2015 for work described as follows: Public improvements constructed consist of curb, gutter, sidewalk, paving, signing/striping, domestic/fire water system and sewer system services on Airport Circle. WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee, against all defects in workmanship and materials during said one-year period. WHEREAS, said work has been completed, and accepted by Obligee on NOW, THEREFORE, the Principal and Surety, jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship, which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof, this instrument has been duly executed by the principal and surety above named, on September 28 ,20i6 Olson Urban — Huntington Beach 2 LLC, By See attached signature page 1 -31- Signature Block - Olson Urban - HUNTINGTON BEACH 2, LLC OFFICIAL SIGNATURE BLOCK FORMAT: OLSON URBAN — HUNTINGTON BEACH 2, LLC a Delaware limited liability company By: OLSON URBAN COMMUNITIES, LLO a Delaware limited liability company Sole Member By: OLSON URBAN VENTURES, LLC a Delaware limited liability company Sole Member By: OLSON URBAN HOUSING, LLC a Delaware limited liability company Managing Member By: IN TO iNk LIVING, INC. a Delaar cor Ition Mana ing e er APPROVED AS TO FORM 4By: /0/4-11-7-olt , MICHAEL E. GATES CITY ATTORNEY CM OF HUNTINGTON BEACH Q:\Orange County\Communities\Huntington Beach - Coastal Walk - Airport\2014 Signature Block Olson Urban - HUNTINGTON BEACH 2, LLC.docx -32- (Notary Public Seal) BRIANNE DAVIS Commission No. 2017152 NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Comm. Expires APRIL 1, 2017 (Title or description of attached document continued) i Number of Pages I Document Date 211 t tp CAPACITY CLAIMED BY THE SIGNER O Individual (s) O Corporate Officer (Title) O Partner(s) • Attorney-in-Fact o Trustee(s) D Other 2015 Vei sion www.Notary.T.:las.ses.corn b00-E73-9565 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On SEP 2 8 2016 before me, Brianne Davis, Notary Public (Here insert name and title of the officer) personally appeared Michelle Haase who proved to me on the basis of satisfactory evidence to be the person 4s) whose name) is/ im subscribed to the within instrument and acknowledged to me that lite/she/they executed the same in kis/her/their authorized capacity0e0 and that by kis/her/14m* signature* on the instrument the person*, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. c)A1A 1,1(),CAA-li‘ Notary PM gidnature 4 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknohredgents from 19r7D3D1 040 1 g 3I-M (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fonns (i.e. lie/sheitheyr. is /twe ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 4. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 4. Indicate title or type of attached document, number of pages and date. 4. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. -33- 4429 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J. NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES, LLC Its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1 s' day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7 TH DAY OF FEBRUARY 2013. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 10th day of June 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMM061WEAL7H OF PENNSYLVANIA NotarIS Seal Kimberly A. !Lassies/0, Notary Public 4.camer Noon TAO. hasolyoNall counry Ny Commission ExpiresOec. It 2016 MEMBER, PSIR/SYLVANIA ASSOCIATION OF VOTARIES Notary Public: residing at: My commission expires: .4011111n VIP Bala Cynwyd, PA (Notary Seal) December 18, 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY day of SEP 2 8 2016,20 -34- Signatur Signature of Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A. • A,WOC TO -Oa GS • -V, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On dtrYOrYlieA f )4) ) before me, r-arariNro6, Date Here Insert Name and Title of the Officer personally appeared SUft- 1.61,14/6-anA M ario lArma Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. State of California County of o rnyi JEANINE FERRARI ANDREWS Notary Public - California Orange County zz Commission 0 2154518 wqrzwirymjipires Ma 24, 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: E Corporate Officer — Title(s): LI Corporate Officer — Title(s): E Partner — E Limited IE General E Partner — E Limited E General E Individual El Attorney in Fact El Individual Attorney in Fact E Trustee 17 Guardian or Conservator El Trustee Guardian or Conservator El Other: E Other: Signer Is Representing: Signer Is Representing: 21/ a, e, or, a, -ea, -a,--ar • 7 - a, ex, a, ea, Go, ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 -35- VICINITY MAP FINAL TRACT MAP NO. 17716 FORMER AIRPORT RESIDENTIAL – COASTAL WALK 16911 AIRPORT CIRCLE Subject Site -36- May 2018 - 1 - City of Huntington Beach Public Works Department Sewer Service Fund Performance Audit Review of Fiscal Year 2017/18 Introduction On September 4, 2001, the Huntington Beach City Council adopted a Sewer Service User Charge and created the Sewer Service Fund. The Sewer Service Fund revenue is designated solely for the rehabilitation, replacement, repair and maintenance of City- owned sewers and lift stations. This is in accordance with the California Health and Safety Code Section 5470, and is included in the ordinance that adds Chapter 14.54 to the Huntington Beach Municipal Code. The ordinance established the Huntington Beach Public Works Commission as both the oversight committee and the final appeals board. The Sewer Service Fund shall be subject to an annual review and performance audit by the Public Works Commission. The information presented in this report complies with Section 14.54.070 Annual Program Review. In addition, the City Council shall receive, at a regularly scheduled meeting, the recommendations of the Public Works Commission concerning fees, rates and charges proposed to be modified or added to the sewer service user charge. A public hearing on proposed charges was held in April as part of a Proposition 218 protest hearing to reaffirm the current rate adjustment structure. Program Overview Scheduled maintenance projects and minor emergency repairs will be completed within the allotted budget. Closed Circuit Television (CCTV) Inspection and cleaning of sewer mains. Operations and maintenance of the City’s 27 sewer lift stations. Capital improvements including lift station design and construction work and the sewer lining program. A Sewer Lateral Program was added effective January 3, 2008, and the sewer service charge was adjusted to cover the projected expenses. The program transferred the responsibility to the City for sewer lateral repairs within the City- owned right-of-way. Initially, the cost of the program exceeded the additional revenue generated by the adjustment to the sewer service user charge. Costs for this program have decreased significantly since its inception. -37- May 2018 - 2 - The City Council adopted a reserve policy for enterprise funds in FY 14/15. The reserve policy for the Sewer Service Funds states that the City will maintain a reserve equal to the sum of the following: o Operations and Maintenance: Thirty-three percent (33%) of the adopted annual budget to ensure adequate working capital for operating expenses. This amount is $2.6 million. o Capital Improvement Program (CIP): One-hundred percent (100%) of the average annual planned Capital Improvement Program for the following five years. This amount is $2.65 million. o Emergency: an amount equal to the estimated cost, as determined by the City Engineer, to replace one sewer lift station. This amount is $3.3 million. o The total reserve would amount to $8.55 million. The Municipal Code states that the Consumer Price Index for Urban Consumers (CPIU) in Los Angeles, Orange, Riverside Counties established by the Bureau of Labor Statistics for the year over year for the month of November shall be used to calculate adjustments to sewer service rates. This was amended by City Council in April 2017 due to the change in the City’s fiscal year. Review of Fiscal Year 2017/18 Fiscal Year 2017/18 is only nine months due to the change from an October 1- September 30 fiscal year to a July 1-June 30 fiscal year. Personnel and operating expenditures account for approximately seventy percent (70%) of the Fiscal Year 2017/18 Sewer Service Fund budget and are directed toward preventative and routine maintenance. The budget includes salaries and benefits, sewer line maintenance, CCTV pipeline and lateral inspection, lift station services, manhole upgrades, the sewer lateral program and cost allocation charges to the City’s General Fund. The balance of the expense budget is earmarked for capital equipment replacement and capital projects, including slip lining, pipeline rehabilitation, and lift station replacement. In general, the Sewer Maintenance Section of the Utilities Division expends the operating and equipment replacement budgets, and the Engineering Division is responsible for the implementation of capital projects. Sewer Lift Station: A construction contract for the Edgewater Sewer Lift Station was awarded with construction to begin before the end of FY 2017/18. Maintenance Activities: Totals for various maintenance activities are presented below. CCTV Inspection: The sewer system is inspected through the use of Closed Circuit Television inspection. A contractor was employed during this last fiscal year to video inspect portions of the sewer system’s main collection lines located in the City’s -38- May 2018 - 3 - arterial and high traffic volume streets. City crews video inspect the sewer mains located in residential areas and low traffic volume streets. Sewer Line Maintenance Routine cleaning of 377,743 linear feet of sewer pipe. Removal of 3,125 pounds of debris/grit during routine cleaning. Cleaned 225 enhanced cleaning areas (areas of sewer line cleaned from two times to twelve times per year) for a total of 322,870 linear feet through June. The Fats, Oils and Grease (FOG) program has cleaned 7,400 linear feet of sewer line around food service establishments and other areas with high grease concentrations. Sewer lateral repair program received and resolved 141 requests for repair to date. Inspected via Closed Circuit Television (CCTV) 86,071 linear feet of residential sewer lines and arterial mains. Manhole Maintenance Cleaned and inspected 1,925 manholes. Repaired and recoated 7 manholes. Sprayed insecticide for roaches in 250 manholes. Projected installation of 20 Smart covers at various locations. Sewer Lift Station Maintenance Inspected 27 lift stations three times a week and cleaned each station every two months. Cleaned and inspected the check valves at 24 sewer lift stations for a total of 54 separate check valves. Cleaned 28 wet wells. Replaced 1 check valve. Replaced 3 gate valves. Disassembled and rebuilt 1 sewer pump. Cleaned 51 sewer lift station wet wells. Replaced 2 transducers. Replaced 4 motors. Replaced 1 impeller. -39- May 2018 - 4 - Sewer Lateral Program Under the Sewer Lateral Program, the City assumed responsibility for the repair of all sewer laterals from the City-owned sewer main through the public right-of-way to the private property line. The property owner remains responsible for all costs of repair and maintenance of that portion of the sewer lateral on private property. This program is response driven as all work orders are generated in response to calls from residents and businesses. Expenditures on the Sewer Lateral Program have decreased significantly since the program was initiated in Fiscal Year 2008/09. Staff had previously budgeted for the Sewer Lateral Program based on the expenditures in the first two years of the program. However, following reductions in calls after the first three fiscal years of the program, staff reduced the budget. As a response based program, demand is unpredictable. *FY 17/18 Expenditures are projected for the nine month fiscal year $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18* Sewer Lateral Expenditures -40- May 2018 - 5 - Projected FY 2017/18 Expenditures Personnel Original Budget Revised Budget* Projected Salaries, Permanent $2,117,425 $1,588,069 $1,313,173 Salaries, Temporary $45,000 $33,750 $11,533 Salaries, Overtime $100,000 $100,000 $85,330 Benefits $1,335,488 $1,001,513 $872,847 Total Personnel $3,597,913 $2,723,332 $2,282,883 Operating Utilities $130,800 $98,300 $78,304 Equipment and Supplies $324,200 $317,173 $128,871 Repairs and Maintenance $1,690,000 $1,315,730 $705,038 Conferences and Training $21,500 $22,254 $29,757 Professional Services $250,000 $501,948 $171,172 Rental Expense $5,000 $7,000 $0 Interdepartmental Charges $1,721,100 $1,240,686 $1,240,686 Expense Allowance $5,800 $4,350 $4,350 Total Operating $4,148,400 $3,507,441 $2,358,178 Capital Vehicles $0 $130,226 $129,924 Total Capital $0 $130,226 $129,924 CIP Improvements $1,580,000 $4,749,150 $480,194 Total CIP $1,580,000 $4,749,150 $480,194 Total $11,110,149 $5,251,179 $9,326,313 *Revised budget prorated due to shortened fiscal year; carry-over encumbrances from prior fiscal year also included in revised budget -41- May 2018 - 6 - FY 2017/18 Projected Revenues Source FY 16/17 FY 17/18 Actual Projected Customer Charges $10,836,845 $8,450,000 Interest $85,067 $304,772 Other $17,504 $32,467 Total $10,939,416 $8,787,239 Projected FY 2017/18 Fund Balance Beginning Balance 10/1/2017 Projected Revenues FY 17/18 Projected Expenditures FY 17/18 $18,275,807 $8,787,239 ($5,251,179) Projected End Balance 6/30/2018 $21,811,867 Proposed FY 2018/19 Budget Sewer Service User Charge Adjustments In accordance with Section 14.55.030 Annual CPIU Adjustments, each Sewer Service User Charge shall be adjusted to reflect the annual percentage adjustment in Consumer Price Index for all Urban Consumers (CPIU) in Los Angeles, Orange and Riverside Counties established by the U.S. Bureau of Labor Statistics for the year over year change in the month of November. The purpose for annual adjustment of the rates is to ensure that the revenues continue to fully fund the needs of the program. To accommodate the billing system, all service charge rates are calculated to four decimal places, and charged on a daily factor. The daily factor converts the monthly charge based on a 365-day year. This is a modification from the initially adopted rate schedule. The customer’s bill reflects a charge based on the number of days between meter readings. A resolution was adopted by the City Council to authorize the daily rate methodology. The percentage adjustment in the CPIU for November 2017 was 3.6%. This percentage adjustment was adopted by the City Council at a public hearing in April -42- May 2018 - 7 - 2018. The City Council also discontinued the high consumption commercial/industrial category, moving those customers into regular commercial industrial, due to the difficulty of administering those accounts and the small number of those customers. The following table shows the 3.6% increase. For purposes of comparison, the rates represent a monthly charge. Effect of CPI Adjustment on Current Sewer Service Charge Current With CPI Increase Customer Category Charge Type Unit Charge Residential: Single-family & townhouses with individual meters Flat rate for all customers in category per unit per month $10.9596 $11.3541 Apartment: All apartments, mobile homes and townhouses served by common meters Flat rate for all customers in category per unit per month $9.0910 $9.4183 Regular Commercial/Industrial: Most businesses, including private schools Flat rate amount per Equivalent Dwelling Unit (EDU). EDU refers to either (1) the capacity of a customer’s water meter in comparison to a standard ¾ inch meter, or (2) the number of tenant units that receive water service through the water meter, whichever is greater per EDU per month $12.7191 $13.1770 High-Consumption Commercial/Industrial: Businesses with high water consumption relative to their meter size Flat rate per hundred cubic feet (CCF) of estimated sewer discharge per CCF per year $2.3799 discontinued Public Schools: All public K-8 and high school districts with schools in the City Flat rate per student per year with a different rate per student for K-8 and for high schools High School per ADA per year $3.5004 $3.6264 ADA - Average Daily Attendance K-8 per ADA per year $2.2541 $2.3352 -43- May 2018 - 8 - FY 2018/19 Proposed Budget Personnel Salaries, Permanent $2,012,367 Salaries, Temporary $55,450 Regular Overtime $82,500 Benefits $1,311,194 Total Personnel $3,461,511 Operating Utilities $110,000 Supplies $348,350 Repairs and Maintenance $1,753,000 Conferences and Training $24,000 Professional Services $250,000 Rental Expense $3,500 Cost Allocation $1,772,723 Auto Allowance $5,800 Total Operating $4,267,373 CIP (new) Lift Station (Saybrook) $1,000,000 Sewer Lining $500,000 Residential Zone Maintenance $30,000 Total CIP $1,530,000 TOTAL $9,258,884 FY 2018/19 Proposed Revenue Customer Charges $11,417,250 Interest $180,000 Other $20,000 Total $11,617,250 -44- May 2018 - 9 - FY 2018/19 Projected Fund Balance Projected Beginning Balance 7/1/2018 Projected Revenues FY 18/19 Proposed Expenditures FY 18/19 Anticipated Carry-Over Expenses $21,811,867 $11,617,250 ($9,258,884) ($2,820,625) Projected End Balance 6/30/2019 $21,319,608 FY 2018/19 Capital Projects Lift Stations: A construction contract for the Slater Lift Station will be awarded. Funds for the design of the Saybrook Lift Station are included in the budget request. Sewer Lining: Sewer lining in the amount of $500,000 is programmed in FY 2018/19. A lining project is bid once a sufficient number of sewer defects are identified as part of the CCTV inspection program. -45- CITY OF HUNTINGTON BEACH ATTACHMENT PERMIT PARKING DISTRICT REQUEST FARINELLA DR VICINITY MAP -46- -47- ATTACHMENT 3 -48- -49- -50- -51- -52- -53- -54- -55- -56- -57- CITY OF HUNTINGTON BEACH ATTACHMENT PERMIT PARKING DISTRICT "K" VICINITY MAP -58- -59- -60- -61- -62- -63- -64- -65- -66- -67- -68- -69- -70- -71- -72- -73- -74- -75- -76- -77- -78- -79- -80- -81- -82- -83- -84- -85- -86- SUGGESTED FINDINGS AND MITIGATION MEASURES MITIGATED NEGATIVE DECLARATION NO. 16-003 GENERAL PLAN AMENDMENT NO. 16-002 ZONING MAP AMENDMENT NO. 16-003 ZONING TEXT AMENDMENT NO. 16-004 LOCAL COASTAL PROGRAM AMENDMENT NO. 16-002 DEVELOPMENT AGREEMENT NO. 16-001 SUGGESTED FINDINGS FOR APPROVAL – MITIGATED NEGATIVE DECLARATION NO. 16-003: 1. Mitigated Negative Declaration No. 16-003 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of thirty (30) days. Comments received during the comment period were considered by the Planning Commission prior to action on Mitigated Negative Declaration No. 16-003, General Plan Amendment No. 16-002, Zoning Map Amendment No. 16-003, Zoning Text Amendment No. 16- 004, Local Coastal Program Amendment No. 16-002, Tentative Tract Map No. 18060, Conditional Use Permit No. 16-035, Coastal Development Permit No. 16-018, and Development Agreement No. 16-002. 2. Mitigation measures avoid or reduce the project’s effects to a point where clearly no significant effect on the environment will occur. Mitigation measures are incorporated to address impacts to biological, cultural, and tribal cultural resources. The proposed biological resources mitigation measures would ensure that impacts to two special status species, burrowing owls and southern Tarplant, with the potential to occur on the site would be less than significant. The cultural resources and tribal cultural resources mitigation measures require archeological and Native American monitoring during ground disturbing activities and construction. The mitigation measures also specify procedures if any resources or human remains are discovered during construction of the project. The project site has undergone archeological testing and excavation and it is not anticipated that intact deposits remain on the site. However, the mitigation measures would ensure that impacts would be less than significant in the unlikely event that resources are discovered during grading and construction activities. 3. There is no substantial evidence in light of the whole record before the Planning Commission that the project, as mitigated, will have a significant effect on the environment. The project consists of an amendment to the existing General Plan and zoning land use designations as well as the Coastal Land Use Plan for the subdivision of the project site and construction of 36 townhome units and associated open space, street and infrastructure improvements in the coastal zone. The project also consists of a Zoning Text Amendment to establish a Specific Plan that determines the land use, zoning, development standards, and infrastructure for the site. Potential impacts from the project are minimized to a less than significant level through the project design, standard code requirements, and the recommended mitigation measures. SUGGESTED FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO. 16-003: 1. Zoning Map Amendment No. 16-003 represents a change to the Huntington Beach Zoning Map (District Map #33) to rezone the project site from Residential Agriculture – Coastal Zone Overlay (RA– CZ) to Specific Plan – Coastal Zone Overlay (SP–CZ). The proposed amendment is consistent with the goals, objectives, and land use policies of the General Plan and Local Coastal Program as identified below. The proposed change is also consistent with General Plan Amendment No. 16-002, which is being processed concurrently. The land uses in the surrounding area are consistent with -87- the proposed change in zoning because surrounding land uses include low density residential to the west, medium high density residential uses to the north and low density and open space uses to the east. As discussed in the environmental assessment for this project, there will be appropriate infrastructure and services available to support the proposed development. The proposed zoning change would be consistent with the following General Plan Land Use Element goals, objectives and policies: Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Objective LU 9.1: Provide for the development of single- and multi-family residential neighborhoods. Policy LU 9.1.3: Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below: a. Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volumes. b. Locate the elevation of the first occupiable floor at or in proximity to the predominant grade elevation, visually screening subterranean parking facilities from the street frontage. c. Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas. d. Site and design parking areas and facilities that are integrated but do not dominate the architectural character of the structure. e. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. Policy LU 9.1.4: Require that recreational and open space amenities be incorporated in new multi- family developments and that they be accessible to and of sufficient size to be usable by all residents. The project is proposing to provide 36 multi-family residential units in an area with existing single- and multi-family residential uses. The character of the development is consistent with the existing neighborhood in size and scale of other residential structures in the vicinity. The residential units are duplex townhomes with four different floor plans, featuring three-bedrooms with attached two-car garages. The project creates visual interest along the street frontage by incorporating varied building design. Featuring a Mid-Century Modern architectural style, the project building design includes articulation and architectural details on all four sides of each duplex. The building facades contain a combination of building pop-outs and recesses to create shadow patterns and depth on wall surfaces. The architectural details on each elevation do not repeat frequently and a variety of colors and building materials are used to create differentiation in the exterior appearances. All details and materials of the project are modern and stylistically consistent. A 3,800 sq. ft. recreation area, including a swimming pool, fireplace, restroom, and seating, is provided for the use of the residents at the northwest corner of the project site. The majority of the existing trees along the front property line on Bolsa Chica Street will remain and additional landscaping will be added, creating an enhanced landscaped setback that is integrated with abutting sidewalks and parkways. 2. In the case of a general land use provision, the zoning map amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The change proposed would be compatible with the uses in the vicinity, which include medium density residential uses. The project’s design and compliance with applicable code requirements would ensure that impacts to existing preserved open space areas east of the project site are minimized. -88- 3. A community need is demonstrated for the change proposed. The change would expand opportunities for housing and address the needs of a growing population. The project will provide for enhanced coastal access through the provision of a passive open space plan, encompassing the existing undeveloped City-owned 30-foot wide parcel north of the project site, the eastern 2.5 acres of the project site, and the 6.2-acre Goodell property (undeveloped property south of the project site located in unincorporated Orange County). The open space area is designed with a pedestrian trail system which includes interpretive signage and a scenic overlook. To facilitate public access to the property, a decomposed granite pedestrian trail would be installed on the City-owned property and maintained by the project’s Homeowners Association and connect the City-owned property to the Windward site open space area and ultimately to the Goodell property. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning map amendment would provide for compatible land uses and eliminate an existing zoning designation that is no longer appropriate for the site. The zoning map amendment would result in zoning and General Plan land use designations that are consistent with one another and would allow the property to be rightfully developed. SUGGESTED FINDINGS FOR APPROVAL – ZONING TEXT AMENDMENT NO. 16-004: 1. Zoning Text Amendment No. 16-004 establishes the Windward Specific Plan for the development of the residential project and dedication of open space. The Specific Plan will be consistent with the objectives, policies, general land uses and programs specified in the City’s General Plan because it provides a comprehensive planning program for the development of residential and open space areas consistent with the existing development pattern and standards and compatible with adjacent uses in the vicinity and the environmentally sensitive Bolsa Chica area to the east and south. The Specific Plan is consistent with the General Plan goals and policies that protects coastal recreational resources and public access, require residential projects be designed to convey a high level of quality and distinctive neighborhood character. 2. In the case of general land use provisions, the proposed Specific Plan is consistent with the uses authorized in, and the standards prescribed for, the zoning district for which they are proposed. The Specific Plan contains development standards and architectural and landscape design guidelines that will apply to the residential development and open space areas that will ensure consistency with the high quality architectural and landscape design of the existing developments and compatibility with residential, open space, and recreational uses in the vicinity. 3. A community need is demonstrated for the change proposed. The Windward Specific Plan will provide standards that necessary to develop high quality residential and open space uses complementing and enhancing surrounding land uses. The Windward Specific Plan includes a description of the land use, public facilities, circulation, infrastructure, development standards, and implementation measures to ensure that the property is developed in a manner consistent with the vision for the site. The Specific Plan comprehensive approach ensures the preservation of passive open space, provision of public access to coastal resources, development of compatible land uses. The Specific Plan also provides for preservation of ecological and cultural resources that will provide a public benefit to the City of Huntington Beach and surrounding communities. 4. Adoption of the Windward Specific Plan will be in conformity with public convenience, general welfare and good zoning practice in that the Specific Plan provides standards for future development that will transform the character of the project area in a beneficial way consistent with the goals of the City’s General Plan. The development standards work together to provide development and preservation that are compatible with and sensitive to the surrounding area and to development within the Specific -89- Plan itself. The Specific Plan includes adequate provisions for utilities, services, and emergency vehicle access; and public service demands will not exceed the capacity of existing and planned systems. As analyzed in Mitigated Negative Declaration No. 16-003, the public service demands for the Specific Plan will not exceed the capacity of existing and planned systems. All public services will be adequately met by existing resources including fire, police and emergency services. Emergency access will be adequate for the Specific Plan area in that all streets within the site will be public to allow emergency vehicles access to the site. In addition, the Specific Plan area will not be gated. SUGGESTED FINDINGS FOR APPROVAL – LOCAL COASTAL PROGRAM AMENDMENT NO. 16- 002: 1. Local Coastal Program Amendment No. 16-002 proposes to amend the Huntington Beach Local Coastal Program to reflect the proposed General Plan, Zoning Map and Zoning Text amendments. The amendments will allow multi-family residential uses on the subject property. Although multi- family residential is a lower priority use than recreational uses, the project site is not existing or planned for public recreational uses. The amendment would allow the property owner to develop the site and, in doing so, would contribute to the provision of enhanced coastal access and additional recreational resources through the proposed development consistent with the policies of the City’s General Plan and California Coastal Act. 2. Local Coastal Program Amendment No. 16-002 is in accordance with the policies, standards and provisions of the California Coastal Act relative to residential development, land resources and public access. The Local Coastal Program Amendment promotes the City’s Local Coastal Program goals and objectives by allowing medium density residential uses while promoting preservation of coastal views and enhancing public coastal access. 3. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project proposes an 8.7-acre passive open space area that does not currently exist. The project will preserve existing public views of the slope along the eastern perimeter of the site and views from an existing 30-foot wide City-owned parcel that is proposed to be improved with development of the project site. No existing coastal access will be impacted. In fact, coastal access would be enhanced through the proposed development project associated with the amendment. SUGGESTED FINDING FOR APPROVAL – DEVELOPMENT AGREEMENT NO. 16-001 1. The development agreement is consistent with the General Plan, Local Coastal Program, and Windward Specific Plan No. 16. Development Agreement No. 16-001 provides for the construction of the Windward residential project which complies with the Windward Specific Plan development standards, the dedication of the open space area in accordance with the Settlement Agreement, and improvements and maintenance of the City-owned parcel and Windward open space parcel. The development agreement ensures the construction of the proposed project under the 10-year term. The development agreement is consistent with the following General Plan goals, policies, and objectives: A. Land Use Element Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. -90- Objective LU 9.1: Provide for the development of single- and multi-family residential neighborhoods. Policy LU 9.1.3: Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below: a. Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volumes. b. Locate the elevation of the first occupiable floor at or in proximity to the predominant grade elevation, visually screening subterranean parking facilities from the street frontage. c. Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas. d. Site and design parking areas and facilities that are integrated but do not dominate the architectural character of the structure. e. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. Policy LU 9.1.4: Require that recreational and open space amenities be incorporated in new multi-family developments and that they be accessible to and of sufficient size to be usable by all residents. The project is proposing to provide 36 multi-family residential units in an area with existing single- and multi-family residential uses. The character of the development is consistent with the existing neighborhood in size and scale of other residential structures in the vicinity. The residential units are duplex townhomes with four different floor plans, featuring three-bedrooms with attached two- car garages. The project creates visual interest along the street frontage by incorporating varied building design. Featuring a Mid-Century Modern architectural style, the project building design includes articulation and architectural details on all four sides of each duplex. The building facades contain a combination of building pop-outs and recesses to create shadow patterns and depth on wall surfaces. The architectural details on each elevation do not repeat frequently and a variety of colors and building materials are used to create differentiation in the exterior appearances. All details and materials of the project are modern and stylistically consistent. A 3,800 sq. ft. recreation area, including a swimming pool, fireplace, restroom, and seating, is provided for the use of the residents at the northwest corner of the project site. The majority of the existing trees along the front property line on Bolsa Chica Street will remain and additional landscaping will be added, creating an enhanced landscaped setback that is integrated with abutting sidewalks and parkways. Implementation Program I-LU 7: Where appropriate, the City may use Development Agreements as binding implementation tools. Development Agreements are authorized by State law to enable a city to enter into a binding contract with a developer that assures the city as to the type, character, and quality of development and additional “benefits” that may be contributed and assures the developer that the necessary development permits will be issued regardless of changes in regulations. The development agreement would ensure that the project is developed in accordance with the approved Windward Specific Plan, consisting of 36 residential units and a public open space plan. The benefits of the development agreement for this project include assurances that the residential project will be built and dedication of 8.7 acres of land for public access, passive recreational use, habitat enhancement, and public trails. -91- B. Coastal Element Goal C 1: Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs. Objective C 1.1: Ensure that adverse impacts associated with coastal zone development are mitigated or minimized to the greatest extent feasible. Policy C 1.1.1: With the exception of hazardous industrial development, new development shall be encouraged to be located within, contiguous or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services, and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. Policy C 1.1.3a: The provision of public access and recreation benefits associated with private development (such as but not limited to public access ways, public bike paths, habitat restoration and enhancement, etc.) shall be phased such that the public benefit(s) are in place prior to or concurrent with the private development but not later than occupation of any private development. Policy C 1.1.5: New residential development should be sited and designed in such a manner that it maintains and enhances public access to the coast. b. provide non-automobile circulation such as bike trails and pedestrian walkways within the development d. provide for the recreational needs of new residents through local park acquisition or on- site recreational facilities to assure that recreational needs of new residents will not overload nearby coastal recreation areas Goal C 2: Provide coastal resources access opportunities for the public where feasible and in accordance with the California Coastal Act requirements. Policy C 2.4.7: The streets of new residential subdivisions between the sea and the first public road shall be constructed and maintained as open to the general public for vehicular, bicycle, and pedestrian access. General public parking shall be provided on all streets throughout the entire subdivision. Private entrance gates and private streets shall be prohibited. All public entry controls (e.g. gates, gate/guard houses, guards, signage, etc.) and restrictions on use by the general public (e.g. preferential parking districts, resident-only parking periods/permits, etc.) associated with any streets or parking areas shall be prohibited. Goal C 4: Preserve and, where feasible, enhance and restore the aesthetic resources of the City’s coastal zone, including natural areas, beaches, harbors, bluffs and significant public views. The project is proposing a passive open space plan as part of the Windward development, encompassing the existing undeveloped City-owned 30-foot wide parcel north of the project site, the eastern 2.5 acres of the project site, and the 6.2-acre Goodell property (undeveloped property south of the project site located in unincorporated Orange County). The open space area is designed with a pedestrian trail system which includes interpretive signage and a scenic overlook. To facilitate public access to the property, a decomposed granite pedestrian trail would be installed on the City-owned property and connect the City-owned property to the Windward site open space area and ultimately to the Goodell property. The plan is to initially create a trail loop that starts at the southeast corner of Bolsa Chica Street and Los Patos Avenue, extends easterly through the City-owned property, which is proposed to be improved with a decomposed granite -92- trail and landscaping, then turning southerly across the Windward site, and then turning westerly to intersect back at Bolsa Chica Street. The trail will be located at the highest elevation of the project site providing an opportunity for a scenic overlook node offering trail users unobstructed views of Saddleback Mountain in south Orange County. The trail would feature interpretive signage that would provide users with information regarding the property’s rich history. Ultimately, the trail system could be extended onto the Goodell property to create a network of trails that provide users with a variety of experiences. In addition to the open space areas, a 3,800 sq. ft. open space is proposed within the development to provide a recreational area for new residents to ensure that the new residents would not overload existing coastal recreation areas. The project does not propose entry gates or other entry or parking restrictions. Access to the street and on- street parking would be available to the general public. The project is in close proximity to similar developments, is consistent with the existing land use pattern in the area, and can be accommodated by existing infrastructure. Although the proposed project would result in development on the Bolsa Chica Mesa, the existing slope adjacent to the project site would be preserved in that no construction would occur other than minimal landscaping. In addition, the proposed drainage system would further protect the slope from potential impacts from runoff and erosion. Environmental impacts from the proposed project were analyzed in Draft MND No. 16-003. Potential impacts have either been minimized through the project’s design or can be mitigated so that all impacts would be less than significant. C. Urban Design Element Goal UD 2: Protect and enhance the City’s public coastal views and Oceanside character and screen any uses that detract from the City’s character. Objective UD 2.1: Minimize visual impacts of new development on public views to the coastal corridor, including views of the sea and wetlands. Policy UD 2.1.1: Require that new development be designed to consider coastal views in its massing, height and site orientation. The proposed design of the residential project would be consistent with existing residential uses in terms of density and scale. The proposed project would result in the preservation of approximately 8.7 acres of open space. As such, the project would retain existing public coastal views from the City-owned parcel north of the project site and the eastern half of the project site. The project would also preserve the existing slope along the eastern perimeter of the project site as a scenic resource. D. Recreation and Community Services Element Goal RCS 2: Provide adequately sized and located active and passive parklands to meet the recreational needs of existing and future residents, and to preserve natural resources within the City of Huntington Beach and its sphere of influence. Policy RCS 2.1.5: Provide for the inclusion of recreational trails in new developments which link with the existing or planned trails. Although the project is proposing to amend the existing land use designation from Open Space – Park to Residential Medium Density for the western 2.5 acres of the project site, the project would be providing for additional recreational opportunities. The project is proposing an approximately -93- 3,800 square foot (0.09 acre) common open space area to provide a recreational amenity for the residents of the project. The project is also required to pay park in-lieu fees as required by the HBZSO to contribute to future recreational opportunities. The project is proposing to improve an existing 30-foot wide City-owned parcel located immediately north of the project site with a decomposed granite trail with native landscaping that would provide access from Bolsa Chica Street to the project site open space area. The proposed Specific Plan and Development Agreement would ensure the preservation of 8.7 acres of open space and the expansion of passive recreational opportunities within the Bolsa Chica area. Designed with interpretive signage and scenic overlooks, a trail system is proposed for the open space area to provide public access to the recreational resource. In this respect, the project would further recreational opportunities in the Bolsa Chica area. SUGGESTED MITIGATION MEASURES FOR ENVIRONMENTAL CONCERNS: 1. Prior to any development, the Applicant shall retain a City-approved Archaeologist who meets the Secretary of Interior Standards for both Archaeology and History. An Archaeological Mitigation and Monitoring Plan (AMMP) shall be developed prior to initiating construction to outline “controlled archaeological grading methods,” which has been shown to be an effective investigative method for locating previously unknown resources on Bolsa Chica Mesa. The plan shall include protocol for the mitigation of cultural resources through a research design and recovery/preservation plan, including significance testing of inadvertent archaeological finds; lab analysis, curatorial requirements, and reporting requirements; and identification of an acceptable repository for all recovered material with curatorial fees being paid by the Applicant. (Mitigation Measure) 2. In accordance with CR-1 and the AMMP, controlled archaeological grading shall occur across the entire Windward project site prior to the issuance of a grading permit for residential development of the project site. Archaeological grading shall consist of using mechanized equipment where the plowzone is removed in approximate 2 centimeter depth increments by a mechanical scraper, as part of the controlled grading effort and under the supervision of the archaeological site supervisor. The grading process shall be limited to slow excavation in small horizontal areas providing ultimate control. The archaeologist(s) and Native American Monitor(s) shall examine the soils as they are exposed. Previous investigation have shown that once below the plowzone, soils consist of: 1) basal midden remnants (beige-yellow in color) or 2) Pleistocene terrace deposits (red in color). Culturally- sterile Pleistocene terrace deposits are shallow at this location, reached at a maximum depth of 150cm below the surface. The entire process shall be monitored by both Gabrielino and Juaneno Native American monitors. Monitoring will occur with at least one archaeologist and one Native American monitor per equipment array that is operating. (Mitigation Measure) 3. All construction personnel shall be instructed to stop work on the project site in the event of a potential find, until the archaeologist and Native Monitors have been able to assess the significance of the find and implement appropriate measures as outlined in the AMMP to protect or scientifically remove the find. Construction personnel shall also be instructed that unauthorized collection of cultural resources is prohibited by law. If archaeological resources are discovered during ground-disturbing activities, the archaeologist has the authority to cease all earthwork in the immediate area of the finds (within 50 feet) until the find can be evaluated for significance. (Mitigation Measure) In the absence of a determination, all archaeological resources shall be considered significant. If the resource is determined to be significant, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. (Mitigation Measure) -94- 4. In the event cultural resources are exposed in any overlying basal midden remnants during the controlled archaeological grading, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. Specific protocol for uncovering the resource and analyzing its significance will be detailed within this plan. The protocol shall establish procedures for various types of archaeological resources that may be discovered. Because of their cultural significance, however, if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or religious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. (Mitigation Measure) 5. If human remains are discovered during construction or any earth-moving activities, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric, the Coroner must notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site and may recommend or deny scientific removal and nondestructive analysis of human remains. If the human remains are determined to be in situ, i.e., they have not been moved or relocated to the site of discovery, the preservation methods in CR-4 shall apply. (Mitigation Measure) 6. Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the City that a City-approved paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre-grade conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. (Mitigation Measure) 7. Prior to construction-related ground disturbing activity, a qualified biologist shall survey the project site for presence of Southern tarplant during the appropriate blooming period, May – November. If feasible, the survey shall be conducted during the peak blooming period for the year. Any substantial occurrence (at least 500 mature individuals) shall be preserved on-site or relocated to open space areas in the Bolsa Chica area. If relocation is required, a Southern tarplant relocation program shall be prepared by a qualified biologist and implemented prior to the onset of construction. (Mitigation Measure) 8. Prior to construction-related ground disturbing activity, focused burrowing owl surveys shall be conducted in accordance with the CBOC and California Department of Fish and Wildlife (CDFW) established protocols on the project site. If no occupied burrows are found, the methods and findings of the surveys shall be reported to the City and CDFW for review and approval and no further mitigation would be required. If unoccupied burrows are found during the nonbreeding season, the burrows shall be collapsed or otherwise obstructed to prevent owls from entering and nesting in the burrows. -95- If occupied burrows are found, a buffer of 165 feet (during the nonbreeding season of September 1 through January 31) or 250 feet (during the breeding season of February 1 through August 31) shall be provided. The buffer area may be adjusted based on recommendations by a qualified biologist in consultation with the CDFW. No activity shall occur within the buffer area until a qualified biologist confirms that the burrow is no longer occupied. If the burrow is occupied by a nesting pair, a minimum of 6.5 acres of foraging habitat contiguous to the burrow shall be maintained until the breeding season is over. The 6.5 acres would consist of the five acres of the project site as well as the adjacent 6.2 acre Goodell property. The western portion of the Shea property is designated as permanent open space providing an additional 19 acres of foraging habitat. If avoidance of an occupied burrow is not feasible, on-site passive relocation techniques approved by the CDFW shall be used to encourage the owls to move to an alternative borrow outside of the impact area. However, no occupied burrows shall be disturbed during the nesting season unless a qualified biologist verifies through noninvasive methods that juveniles from the occupied burrows are foraging independently and are capable of independent survival. (Mitigation Measure) -96- -97- -98- -99- -100- -101- -102- -103- -104- -105- -106- -107- -108- -109- -110- Specific Plan SP 16 City of Huntington Beach April 2018 -111- SP 16 WINDWARD SPECIFIC PLAN City of Huntington Beach Adopted by City Council on ______ (CC Resolution #__) Certified by California Coastal Commission on _______ SUBMITTED TO: CITY OF HUNTINGTON BEACH Planning Department 2000 Main Street Huntington Beach, CA 92648 PREPARED BY: FORMA Coastal Planning and Documentation 3050 Pullman Street Costa Mesa, CA 92626 April 2018 -112- Table of Contents April 2018 Table of Contents - Page 1 1 INTRODUCTION 1.1 Location and Existing Conditions ................................................................................ 1‐1 1.2 Project Area Background ............................................................................................ 1‐1 1.3 Summary of Land Use Plan and Zoning Designations ................................................. 1‐7 1.4 Authority and Scope for Specific Plan ....................................................................... 1‐10 1.5 Purpose and Intent .................................................................................................... 1‐10 1.6 Objectives of the Windward Specific Plan ................................................................ 1‐11 1.7 General Plan Consistency .......................................................................................... 1‐11 2 DEVELOPMENT PLAN 2.1 Land Use Plan .............................................................................................................. 2‐1 2.2 Residential Development ............................................................................................ 2‐1 3 DEVELOPMENT STANDARDS 3.1 Purpose and Intent ...................................................................................................... 3‐1 3.2 Applicability ................................................................................................................. 3‐1 3.3 Windward Residential Parcel Development Standards .............................................. 3‐1 3.4 General Regulations: Windward Residential Parcel .................................................. 3‐5 3.5 Windward Open Space Development Standards ....................................................... 3‐7 3.6 City Property Open Space Improvements................................................................... 3‐8 3.7 Compliance with Mitigation Measures ....................................................................... 3‐9 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4.1 Windward Open Space and Resource Conservation Uses .......................................... 4‐1 4.2 Open Space and Resource Conservation Concept Plan for the Windward Open Space Parcel and the City Property ................................................................... 4‐3 5 ADMINISTRATION AND IMPLEMENTATION 5.1 Summary ..................................................................................................................... 5‐1 5.2 Key Definitions ............................................................................................................ 5‐1 5.3 Required Approvals ..................................................................................................... 5‐2 5.4 Conditions Precedent to Required Approvals Becoming “Operative” ....................... 5‐3 5.5 Development Agreement No. 16‐001 ......................................................................... 5‐5 5.6 Enforcement of the Specific Plan/LCPA ...................................................................... 5‐5 5.7 Methods and Procedures ............................................................................................ 5‐5 5.8 Maintenance Mechanisms .......................................................................................... 5‐6 6 APPENDICES 6.1 Architectural Character ............................................................................................... 6‐1 6.2 Residential Landscape Design Concept ....................................................................... 6‐3 6.3 Infrastructure ............................................................................................................ 6‐26 6.4 Adopted Mitigation Measures .................................................................................. 6‐34 -113- List of Exhibits April 2018 Table of Contents - Page 2 1 INTRODUCTION 1‐1 Vicinity Map ..................................................................................................................... 1‐2 1‐2 Aerial Photograph ............................................................................................................ 1‐3 1‐3 Existing and Proposed Land Use Plan Designations ........................................................ 1‐8 1‐4 Existing and Proposed Zoning Map Designations ............................................................ 1‐9 2 DEVELOPMENT PLAN 2‐1 Land Use Plan ................................................................................................................... 2‐2 2‐2 Illustrative Site Plan ......................................................................................................... 2‐3 3 DEVELOPMENT STANDARDS 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4‐1 Open Space and Resource Conservation Plan ................................................................. 4‐6 5 ADMINISTRATION AND IMPLEMENTATION 6 APPENDICES 6‐1 Architectural Style ............................................................................................................ 6‐2 6‐2 Residential Landscape Plan .............................................................................................. 6‐5 6‐3 Community Signage ......................................................................................................... 6‐6 6‐4 Community Recreation Area Plan .................................................................................... 6‐7 6‐5 Wall and Fence Plan ......................................................................................................... 6‐8 6‐6 Wall and Fence Elevations ............................................................................................... 6‐9 6‐7 Trails Plan and Section ................................................................................................... 6‐10 6‐8 Public Access Signage Plan ............................................................................................. 6‐11 6‐9 Circulation Plan .............................................................................................................. 6‐27 6‐10 Street Sections ............................................................................................................... 6‐28 6‐11 Grading Plan ................................................................................................................... 6‐29 6‐12 Cut and Fill Plan.............................................................................................................. 6‐30 6‐13 Storm Drain, Water, and Wastewater Plan ................................................................... 6‐33 List of Tables 2 DEVELOPMENT PLAN 2‐1 Land Use Summary Table ........................................................................................... 2‐1 4 OPEN SPACE/PASSIVE PARK PLAN 4‐1 Conceptual Open Space Native Plant Palette ............................................................ 4‐2 6 APPENDICES 6‐1 Residential Landscape Plant Palette ........................................................................ 6‐12 -114- 1 INTRODUCTION 1.1 Location and Existing Conditions The Windward Specific Plan area (Specific Plan Area) is located at the southeast corner of Bolsa Chica Street and Los Patos Avenue in the City of Huntington Beach (City) on what is commonly referred to as the Bolsa Chica Mesa (Exhibit 1-1, Vicinity Map). The Specific Plan Area encompasses approximately 5.3 acres of undeveloped land, of which, at the time of adoption of the Windward Specific Plan, approximately five acres (Windward Property) are privately owned by Signal Landmark (Signal) and 0.3-acres are owned by the City (City Property). The Specific Plan Area is square in shape, with the western half relatively flat (elevation 47 to 51 feet), while the center portion of the eastern half gently slopes down to the east to an elevation of approximately 36 feet. Historically, the Specific Plan Area was used almost exclusively for agricultural purposes, but from 2006 to 2011 the southwest corner of the Specific Plan Area was used as a storage and staging area for construction of the neighboring Brightwater Community. The Specific Plan Area is covered by non-native vegetation (Exhibit 1-2, Aerial Photograph). The Windward Property is currently fenced and has not been used since 2011 when the construction trailers and all but one of the storage containers were removed. The City Property is currently used as an informal trail by the public to access the Parkside property to the east of the Specific Plan Area. Directly west of the site across Bolsa Chica Street is the Sandover neighborhood which is comprised of single family detached homes on 6,000 square foot lots. On the north are apartment and condominium complexes. To the east lies an open space/conservation area that is part of the Parkside project. On the south is an undeveloped 6.2-acre property located in unincorporated Orange County and owned by the Goodell Family Trust (Goodell Property). 1.2 Project Area Background 1.2.1 Zoning History The Windward Property has been owned by Signal or its predecessor company, Signal Oil, since the 1920s and is the last remnant of Signal’s once vast landholdings at Bolsa Chica. Originally in an unincorporated area of Orange County, the Windward Property was annexed into the City in 1970 as part of a ten-acre parcel that now contains the Sandover neighborhood. At the time it was annexed, both the General Plan and Zoning Map land use designations were for low density residential uses. -115- -116- -117- After the Coastal Act was enacted in 1976, the City submitted a proposed Land Use Plan to the Coastal Commission for certification. At the time, a large scale development that included approximately 5,700 homes and a marina was being considered by the County for the unincorporated area at Bolsa Chica. In anticipation of the intense development, the City re-designated an area east of the terminus of Bolsa Chica Street that included the Windward Property to Open Space Recreation (subsequently changed to Open Space-Park) on the City’s Land Use Plan, which was certified by the Coastal Commission in 1982. In 1984, the City re-zoned the property to Residential Agricultural (RA) to reflect the agricultural uses that adjoined this site at the time and determined that the RA zoning was consistent with the Open Space-Park land use designation. The massive housing and marina development once proposed for Bolsa Chica never occurred. Instead, much of the Bolsa Chica property was set aside as open space, including a large restored wetland area in the lowland, and a mix of open space and residential uses on the Bolsa Chica Mesa. In 1999, the City approved the development of sixteen homes on the five-acre site at the southwest corner of Los Patos and Bolsa Chica Street, known as the “Sandover” project. At that time, Signal dedicated to the City the City Property, a 13,350 square foot strip of land at the southeast corner Bolsa Chica Street and Los Patos Avenue, for open space-park uses. The City Property is currently undeveloped and used informally by the public to access the Parkside property. In 2005, the County and the Coastal Commission approved a 349 single family home development on 68 acres of the Bolsa Chica Mesa known as Brightwater, adjacent to Sandover. 1.2.2 The Ridge Project In 2008, Signal proposed a General Plan Amendment (GPA), Zone Change (ZC) and Local Coastal Program Amendment (LCPA) to permit the construction of 22 single family homes on the Windward Property and a trail on the City Property. The project, then known as The Ridge, was approved by the City in 2010. In approving the entitlements for the project, the City indicated that the change in land use from Open Space/Park to Low Density Residential was appropriate because it had no plans to acquire the Windward Property for public recreation purposes. The Ridge project entitlements included a General Plan Amendment, Local Coastal Program Amendment, a zone change from RA to Low Density Residential, and a subdivision map. To comply with CEQA, the City adopted a Mitigated Negative Declaration (MND). Because the Windward Property lies within the Coastal Zone, the California Coastal Commission (CCC) must approve any amendments to the City’s Local Coastal Program (LCP). Therefore, the City submitted the LCP Amendment to the Coastal Commission for approval. -118- In August 2010, the Bolsa Chica Land Trust filed litigation challenging the City’s approval of the MND, claiming that the City should have prepared an Environmental Impact Report (EIR), rather than approving a MND. The CEQA litigation was stayed pending the outcome of the Coastal Commission’s decision on the project. In June 2014, the City withdrew the LCP Amendment from consideration by the CCC. In an effort to resolve the pending CEQA litigation, Signal, the City, and the Bolsa Chica Land Trust agreed to enter into facilitated settlement discussions. In April 2016, after nearly fifteen months of discussions, the three parties successfully negotiated a settlement agreement. In addition to resolving the litigation, the Settlement would bring closure to the decades-long controversy regarding development of Bolsa Chica by providing a viable path to resolving the land use of the last undeveloped, privately-owned land at Bolsa Chica. In addition to the Windward Property, the Settlement also addresses the potential deed restriction of the Goodell Property to open space and resource conservation uses. At the time of approval of the Windward Specific Plan, Signal holds an option to acquire the Goodell Property (Goodell Option). The Goodell Property is currently an unincorporated island and is zoned for medium low density residential (6.5 – 12.5 du/ac) by the County. In 2009, in anticipation of annexing the Goodell Property, the City pre-zoned 3.2 acres of the Goodell Property adjacent to Bolsa Chica Street for low density residential, 2.0 acres as Open-Space Park, and one acre as Coastal Conservation. These designations were not certified by the California Coastal Commission. The Goodell Property is not part of the Windward Specific Plan Area because it is in the County and not subject to the City’s jurisdiction. The Windward Specific Plan is not intended to and does not regulate the use of the Goodell Property. Nonetheless, as an integral part of the Settlement, the Goodell Property is shown, for reference purposes only, within the Windward Specific Plan to illustrate how the approximately 2.5-acre easterly portion of the Windward Property (Windward Open Space Parcel) and the Goodell Property could function together as part of an 8.7-acre open space and resource conservation area under one of the two alternatives, but parallel, approaches to the future use of the Windward Property contemplated by the Settlement. Any conveyance of and use restrictions imposed on the Goodell Property as described in the Windward Specific Plan are voluntary on the part of the owner of the Windward Property (Windward Owner) and not the result of regulations imposed on the Goodell Property by either the City or, if the Windward Specific Plan is incorporated into the City’s certified Local Coastal Program, the Coastal Commission. -119- 1.2.3 The Settlement’s Two Alternative Approach Acquisition Alternative – The Settlement provides an opportunity to preserve both the Windward Property and the Goodell Property for open space and conservation uses (Acquisition Alternative). Pursuant to the Settlement, Signal independently entered into an option agreement with the Trust for Public Land (TPL) for the purchase by TPL of the Windward and Goodell Properties (TPL Option). Founded in 1972, TPL is a nationwide non-profit organization that acquires land from private owners and conveys it into public or non- governmental organization ownership for conservation or public park purposes. Since its inception, TPL has protected 3.3 million acres of land in over 5,400 separate acquisitions. The TPL Option grants TPL an eighteen-month period in which to raise funds to purchase both the Windward and Goodell Properties. The TPL Option will expire in October 2017. The purchase price has been determined by an independent third party appraisal. Signal is cooperating with TPL in pursuit of the Acquisition Alternative. Development Alternative – Because it is unknown whether or not the Acquisition Alternative will be successful, the Settlement allows Signal to pursue – concurrently with TPL’s pursuit of acquisition funds – entitlements for residential development on the approximately 2.5-acre westerly portion of the Windward Property adjacent to Bolsa Chica Street (Windward Residential Parcel), with the Windward Open Space Parcel and the Goodell Property being restricted and conveyed for open space and resource conservation uses only (Development Alternative). Consistent with the Settlement, the Windward Specific Plan will designate the Windward Residential Parcel for medium density residential use, with the implementation of that use subject to the implementation measures set forth in Chapter 5 of the Windward Specific Plan (Implementation Measures). The Windward Open Space Parcel (i.e., the remaining easterly 2.5 acres of the Windward Property) will retain the current Open Space/Park land use designation. Taken together, the Implementation Measures shall ensure that before grading permits may be issued for the Windward Residential Parcel, the following actions must occur: • Deed restrictions limiting the Windward Open Space Parcel and the Goodell Property to open space and resource conservation uses must be executed and recorded. • An offer to dedicate the Windward Open Space Parcel to a public agency or a conveyance of the Windward Open Space Parcel to a qualified nonprofit such as the Bolsa Chica Land Trust (BCLT) or another accredited land trust must be -120- executed and recorded. The offer or conveyance must restrict the Windward Open Space Parcel to open space and resource conservation uses. • An offer to dedicate the Goodell Property to a public agency or a conveyance of the Goodell Property to a qualified nonprofit such as the BCLT or another accredited land trust must be executed and recorded. The offer or conveyance must restrict the Goodell Property to open space and resource conservation uses. Since the Goodell Property is not in the City and is not subject to regulation by the City, the Goodell Property itself is not subject to the Windward Specific Plan and its Implementation Measures. Therefore, any conveyance and/or restriction of the Goodell Property must be voluntarily accomplished by the developer of the Windward Residential Parcel. Chapter 5 further addresses these actions. 1.3 Summary of Land Use Plan and Zoning Designations The current land use designation for the Windward Property in the City’s Local Coastal Program, as well as the General Plan, is Open Space - Park (OS-P). The current zoning designation for the Windward Property, as well as the City Property, is Residential Agriculture (RA) with a Coastal Zone overlay (Exhibit 1-3, Existing and Proposed Land Use Plan Designations and Exhibit 1-4, Existing and Proposed Zoning Map Designations). The RA zoning allows agricultural uses, single family dwellings, nurseries and temporary uses such as storage yards. As shown on Exhibit 1-3, the Windward Specific Plan would change the land use designation for the Windward Residential Parcel in the LCP and General Plan to Residential Medium Density. The Windward Open Space Parcel and the City Parcel would retain the current OS-P land use designation. As shown on Exhibit 1-4, the zoning for the entire Specific Plan Area will be SP (Specific Plan) with the Windward Residential Parcel designated as RM (Residential – Medium) in the Windward Specific Plan and the Windward Open Space Parcel and the City Parcel designated as Coastal Conservation (CC) (see Exhibit 2-1, Land Use Plan). -121- -122- -123- 1.4 Authority and Scope for Windward Specific Plan The authority to prepare, adopt, and implement specific plans is granted to the City by the California Government Code (Title 7, Division 1 Chapter 3, Article 8, Sections 65450 through 65457). Specific plans are generally designed to: 1. Provide greater level of detail than a traditional zoning ordinance and to serve as a tool to tailor development policies and regulations to a particular site; 2. Provide more specific site development standards to create appropriate land use designations and design criteria that addresses project-specific issues; and 3. Provide decision makers with the opportunity to comprehensively review a land use plan in its entirety at the outset in order to consider land use compatibility, circulation, infrastructure and other issues related to development of a site. The Windward Specific Plan will be used by the City to implement the City’s Local Coastal Program and General Plan for the Windward Property. The Windward Specific Plan contains all the applicable land use regulations and thus constitutes the zoning ordinance for the Windward Property. The development standards contained in the Windward Specific Plan will take precedence over all provisions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), unless otherwise noted. 1.5 Purpose and Intent The Windward Specific Plan provides the City with a comprehensive planning program to direct the development of the residential and open space areas contained within the Windward Property. The Windward Specific Plan provides a description of the land use, public facilities, circulation, infrastructure, development standards, and implementation measures to ensure the Windward Property is developed in a manner consistent with the City’s vision for the site. It also allows the City to consider a comprehensive planning approach for the open space and conservation uses available in the future in conjunction with the City Property and the neighboring Goodell Property. The regulations contained in the Windward Specific Plan will ensure that development of the Windward Property is designed in concert with the surrounding open space assets. Because the Windward Property lies within the Coastal Zone, special consideration is given to fulfilling the objectives of the California Coastal Act as expressed in policies promulgated in the City’s Local Coastal Program. In the case of the Windward Property, public access and resource protection – including both biological and cultural resources – are the two most relevant Coastal Act issues to be addressed. The Windward Specific Plan, along with a corresponding General Plan Amendment, will become effective upon certification by the Coastal Commission as an amendment to the City’s Local Coastal Program (LCPA). -124- 1.6 Objectives of the Windward Specific Plan • Provide a comprehensive land use plan that designates the location and intensity of land uses along with roadway circulation and public facilities. • Implement the Ridge Litigation Settlement. • Ensure compatibility with surrounding land uses. • Provide housing opportunities in a location where housing is in high demand. • Provide access to Coastal property that is currently inaccessible to the public by dedicating a portion of the site to a government agency or qualified non-profit organization, and creating trails that allow the public to enjoy the open space and resource conservation areas. • Design a residential community that promotes resource protection and maximizes open space by clustering development close to existing development. • Provide a mechanism whereby the Windward Specific Plan facilitates a comprehensive examination of the surrounding properties and consideration of future open space connections and passive public open space and resource conservation opportunities. • Establish development standards that prevent degradation of coastal resources and provide designs for open space that improve the current ecological value of the property. 1.7 General Plan Consistency The Windward Specific Plan will implement the following goals of the Huntington Beach General Plan: • LU4: Achieve and maintain high quality architecture, landscape and open spaces in the City; • LU8: Achieve a pattern of land uses that preserves, enhances and establishes a distinct identity for the City's neighborhoods, corridors and centers; • LU9: Achieve the development of a range of housing units that provides for the diverse economic, physical and social needs of existing and future residents of Huntington Beach; and • ERC1: Improve and enhance the overall aesthetic value and appearance of the City of Huntington Beach through the provision and maintenance of local public and private open space. • C1: Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs. -125- • C2: Provide coastal resource access opportunities for the public where feasible and in accordance with the California Coastal Act requirements. • C4: Preserve and, where feasible, enhance and restore the aesthetic resources of the City’s coastal zone, including natural areas, beaches, harbors, bluffs and significant public views. -126- 2 DEVELOPMENT PLAN 2.1 Land Use Plan The Windward Land Use Plan is illustrated on Exhibit 2-1, Land Use Plan, and contains approximately 5.3 acres . The Windward Property is composed of the Windward Residential Parcel and the Windward Open Space Parcel . The Windward Property overlooks some of the lowland areas of Bolsa Chica owned by the State of California to the south and the Parkside project open space area to the east. The site is across Bolsa Chica Street from the existing Sandover neighborhood at the intersection of Los Patos and Bolsa Chica Street and adjacent to apartments on the north. The Windward Residential Parcel allows for 36 residential dwelling units clustered adjacent to existing residential development (see Exhibit 2-2, Illustrative Site Plan). The non-residential land uses designated for the Windward Open Space Parcel are intended primarily for passive open space and resource conservation uses which are described in Chapter 4, Open Space and Resource Conservation. Table 2-1 Land Use Summary Table Land Use Acres1 Housing Units Density Residential - Medium 2.5 36 14.4 du/ac Coastal Conservation 2.8 Not Applicable Not Applicable 2.2 Residential Development As identified in Table 2-1, the Windward Specific Plan contains a Residential – Medium land use category providing for a maximum of 36 residential dwelling units. In addition to the housing units, a private recreation area is provided at the northwest corner of the Windward Residential Parcel and may contain a swimming pool, gas grill, an outdoor fireplace, or similar amenities. Adjacent to the community recreation area, at the southeast corner of Bolsa Chic a Street and Los Patos Avenue, is the existing landscaped entrance to the Brightwater and Sandover neighborhoods, which will retain its existing use. The residential landscape and architectural design concepts (including project entry, private recreation area, wall and fence design, open space trail, and plant palette) are provided in the Chapter 6, Appendi ces . Development Standards are set forth in Chapter 3. 1 Precise acreages are 2.50 acres of Residential – Medium and 2.76 acres of Coastal Conservation. Acres are rounded to 2.8 acres throughout the Windward Specific Plan. -127- -128- -129- 3. Development Standards April 2018 3-1 3 DEVELOPMENT STANDARDS 3.1 Purpose and Intent The purpose of this section is to provide specific development standards and regulations that will be applied to all new development permitted within the Windward Specific Plan Area. These regulations are intended to provide criteria to be used by builders, planners, engineers, architects, landscape architects and other professionals in order to maintain the design quality of the project area. 3.2 Applicability The Windward Specific Plan shall be the zoning document for the Windward Specific Plan Area, which consists of the Windward Residential Parcel, the Windward Open Space Parcel, and the City Property, all as identified on Exhibit 2‐2. The Development Standards for the Windward Residential Parcel are set forth in Section 3.3 below. General Regulations for the Windward Residential Parcel are set forth in Section 3.4. The Development Standards for the Windward Open Space Parcel are set forth in Section 3.5. A general description of the open space improvements for the City Property is found in Section 3.6. Where there is a conflict between the provisions of the Windward Specific Plan and the HBZSO, the Windward Specific Plan shall apply. Where the Windward Specific Plan is silent, the provisions of the HBZSO shall apply. 3.3 Windward Residential Parcel Development Standards 3.3.1 Purpose Thirty‐six residential dwelling units are permitted on the approximately 2.5‐acre Windward Residential Parcel, for an overall density yield of approximately 14.4 dwelling units per acre. 3.3.2 Permitted Uses 1. Primary Uses. The following primary uses are permitted subject to a Conditional Use Permit and Coastal Development Permit from the Planning Commission in accordance with the provisions of the HBZSO, as either may be amended from time to time. a. Residential duplexes; b. Single family detached homes; and c. Multi‐family residential units. 2. Ancillary Uses. The following uses are permitted ancillary to the primary uses listed above. A coastal development permit may be required in accordance with the provisions of Chapter 245 of the HBZSO: -130- 3. Development Standards April 2018 3-2 a. Community recreational amenities, including swimming pools, tot lots, fireplaces, barbecue area, and picnic facilities; and b. Accessory uses and buildings, subject to the provisions of Section 230.08 of the HBZSO. These uses include, but are not limited to, fencing, swimming pools, spas, therapy baths, water fountains, rock formations, freestanding barbecues and fireplaces, covered patios and decks, and detached accessory structures (such as non‐commercial greenhouses, gazebos and storage sheds). 3. Temporary Uses. The following temporary uses are permitted subject to the provisions of the HBZSO: a. Home finder/sales center, including mobile homes or trailers, subject to Chapter 230 of the HBZSO; b. Model home complexes, subject to Chapter 230 of the HBZSO; c. Real estate signs relating to the sale, lease, or other disposition of real property on which the sign is located, subject to Chapter 233 of the HBZSO; and d. Other uses in conformance with Section 241.20 of the HBZSO. 3.3.3 Building Site Standards 1. Minimum Building Site Area – 2.5 acres. 2. Maximum Height of Individual Buildings a. Three (3) stories and 35 feet high. Roof decks shall not be considered a story. b. Building height is measured from finish floor to top of building. The finished floor elevation shall be a maximum of two (2) feet above the highest point of the curb adjacent to Bolsa Chica Street. c. Roof deck trellises are permitted up to a maximum of ten (10) feet above the roof deck floor and shall meet the following criteria: 1) Setback a minimum of five (5) feet from the edge of the roof or adjacent unit; 2) No more than 150 square feet in area; 3) Open on three (3) sides; and 4) Lattice design only. b. Roof equipment, including but not limited to elevators, may exceed the maximum height by an additional ten (10) feet. -131- 3. Development Standards April 2018 3-3 3. Minimum Setbacks of Individual Buildings a. Front Setback (Bolsa Chica Street Right of Way) – 15 feet. b. Side Setback (Open Space Lot) – 9 feet. c. Rear Setback (Open Space Lot) – 13 feet. d. No setback from the first floor (upper story setback) is required for the second or third floor. 4. Minimum Distance Between Buildings – 10 feet 5. Maximum Cumulative Lot Coverage of all Individual Buildings – 50 percent 3.3.4 Open Space Requirements 1. Private Open Space a. Each dwelling unit shall have a minimum of 300 square feet of private open space. b. A maximum of 50 percent of the required private open space may be satisfied with usable roof deck area. Private balconies and ground floor open space (rear yards and private patios) shall make up the additional required private open space. c. Balconies shall have a horizontal rectangle which has a minimum dimension of six (6) feet. d. Ground floor open space, including rear yards, shall have a horizontal rectangle which has a minimum dimension of eight (8) feet. e. Roof decks shall have a horizontal rectangle which has a minimum dimension of ten (10) feet. 2. Common Open Space a. A common recreation area shall be provided for all residents which may include a pool, barbecue area, picnic area, seating area, or similar amenities. b. The common recreation area shall be a minimum of 3,800 square feet. 3.3.5 Parking Requirements 1. Enclosed Parking. Each residential unit shall have a minimum of two (2) enclosed spaces. 2. Guest Spaces. One (1) unenclosed guest space shall be provided within the development for each residential unit. Guest spaces shall not be assigned to individual residential units. -132- 3. Development Standards April 2018 3-4 3.3.6 Affordable Housing Section 230.26 of the HBZSO requires that at least ten percent (10%) of all new residential construction shall be affordable units. The Windward Specific Plan provides 36 residential units. Therefore, the affordable housing requirement is 3.6 affordable units. To satisfy this requirement, the City and the Windward Owner will enter into an agreement that provides for the payment of in lieu fees for the 3.6 affordable units consistent with the City’s affordable housing in‐lieu fee program. 3.3.7 Prohibited Uses The following uses are prohibited: industrial uses; commercial uses, except home offices; billboards; signs which do not display information related to an activity, service, or commodity available on the premise; and uses not expressly permitted in this section. 3.3.8 Landscaping, Walls, and Fencing Landscaping, walls, and fencing within the Windward Residential Parcel shall be subject to the provisions established within Chapter 6, Appendices, of the Windward Specific Plan. The plant palette for the Residential Parcel is derived from the Coastal Commission–approved plant palette for the neighboring Brightwater community. Table 6‐1 in Chapter 6 identifies both the plant species approved for use within the Windward Residential Parcel and those that are prohibited. Thirty‐six‐inch box trees required by Section 232.08.B of the HBZSO may be located in common or private open space areas. All perimeter fencing shall be consistent with the fencing described in Exhibit 6‐ 5, Wall and Fence Plan, and Exhibit 6‐6, Wall and Fence Elevations. 3.3.9 Signs and Outdoor Lighting All signs and outdoor lighting shall be in accordance with Chapters 232 and 233 of the HBZSO. Outdoor lighting shall adhere to “dark sky” regulations and be designed to provide adequate illumination of on‐site areas without intruding upon surrounding properties or environmentally sensitive areas. 3.3.10 Utilities All development projects shall be required to install adequate utility services necessary to serve the development. All utilities shall be placed underground in identified easements, excluding streetlights and electrical transmission 66kV or greater. Utility systems shall be designed to conserve the use of electrical energy and natural resources. Developers shall coordinate with electricity, telephone -133- 3. Development Standards April 2018 3-5 and cable television companies regarding energy conservation and proper planning, phasing and sizing of lines. 3.3.11 Home Occupations Home occupations shall be in accordance with Section 230.12 of the HBZSO. 3.3.12 Lots and Buildings Lots and buildings shall be as depicted on the Final Tract Maps and the final Project‐Level Site Development Plan. In the case of discrepancies between this Chapter, the HBZSO, and/or the Tract Maps or Site Development Plan, the Tract Maps and Site Development Plan shall take precedence. 3.4 General Regulations: Windward Residential Parcel Except where otherwise provided in the Windward Specific Plan, the following general regulations shall apply to the Windward Residential Parcel: 3.4.1 Streets Streets within the Windward Residential Parcel as shown on Exhibit 6‐9 shall be maintained by the Windward Homeowners Association. Entry controls such as gates, guardhouses, and guards are prohibited. 3.4.2 Walls and Fences 1. Walls and fences shall be constructed as shown on Exhibit 6‐6. The use of glass in the perimeter walls adjacent to the open space area shall be prohibited. 2. No walls, fences, or other devices designed to preclude public access to the open space area are allowed except those approved as part of the Windward Specific Plan. 3.4.3 Covenants, Conditions and Restrictions (CC&Rs) 1. Prior to the issuance of the first building permit for the Windward Residential Parcel, Covenants, Conditions and Restrictions (CC&Rs) shall be recorded against the Windward Residential Parcel stating, among other things, that the City has authorized development on the Windward Residential Parcel, subject to terms and conditions that restrict the use and enjoyment of the Windward Residential Parcel. 2. The CC&Rs shall reflect, either in their main text or in an exhibit, all conditions of the Conditional Use Permit and Coastal Development Permit applicable to the development of the Windward Residential Parcel. -134- 3. Development Standards April 2018 3-6 3. At least 90 days before City Council action on the final map subdividing the Windward Property into the Windward Residential and Open Space Parcels, the CC&Rs shall be submitted to the Departments of Community Development, Public Works, and Fire and the City Attorney’s office for review and approval. 4. The CC&Rs shall be binding upon and run with the Windward Residential Parcel and be included or incorporated by reference in every deed conveying either the Windward Residential Parcel or a condominium interest within the Windward Residential Parcel. 5. The CC&Rs shall provide for maintenance, repair, and replacement by the Windward Homeowners Association of all HOA‐owned improvements within the common areas of the Windward Residential Parcel, including landscaping, irrigation, private streets, parking, recreation, open space, community walls and fences, community facilities, drainage facilities, water quality BMP’s, and private service utilities. The CC&Rs shall also include the plant palette provided in Table 6‐1 of the Windward Specific Plan which identifies the approved and prohibited plant species for the Windward Residential Parcel. 6. The CC&Rs shall provide for maintenance, repair, and replacement by the HOA of signage, landscaping, irrigation, trail, trail fencing, and bench in the Windward Open Space Parcel until the Windward Open Space Parcel is transferred to a governmental agency or to a qualified non‐profit organization. 7. The CC&Rs shall provide that the HOA is responsible for maintaining the trail, signage, trail fencing, and landscaping on the City Property and shall execute a Landscape Maintenance Agreement with the City for the continuing maintenance including, but not limited to the landscaping, decomposed granite trail, signage, trail fencing, irrigation, and water quality and drainage features associated with the City Property. The Landscape Maintenance Agreement shall describe all aspects of maintenance, such as removal of trash, debris, and silt buildup, removal/replacement of dead, damaged vegetation resulting from public use of the trail system, or any other aspect of maintenance, repair, replacement, liability, and fees imposed by the City. 8. The CC&Rs shall provide that neither the residents of the Windward Residential Parcel nor the HOA shall interfere with public access to the trail within the Windward Open Space Parcel or close it off for the exclusive use of the residents of the Windward Residential Parcel. -135- 3. Development Standards April 2018 3-7 3.4.4 Resource Protection 1. A Domestic Animal Control Plan shall be prepared that details methods to be used to prevent pets from entering any adjacent resource protection areas, including but not limited to, appropriate fencing and barrier plantings. The plan shall be approved by the Community Development Department and subsequently distributed to each homeowner. 2. A Pesticide Management Plan shall be prepared that, at a minimum, prohibits the use of rodenticides and prohibits the use of toxic pesticides and herbicides in outdoor areas, other than Vector Control conducted by the City, County, or Special District. 3. To ensure the continuance of habitat value and function of the adjacent designated Environmentally Sensitive Habitat Areas, the developer shall provide any buyer of a housing unit within the project an information packet that explains the sensitivity of the natural habitats adjacent to the Windward Residential Parcel, the need to minimize impacts on the designated resource protection areas, and the prohibition on the planting of exotic invasive plant species on lots that are directly adjacent to a resource protection area. The information packet shall include a copy of the Domestic Animal Control Plan and Pesticide Management Plan and be required for all sales of housing units. The developer shall provide the City with a copy of the information packet. 3.5 Windward Open Space Parcel Development Standards Prior to the issuance of the first occupancy permit for a residential unit other than a model home within the Windward Residential Parcel, the developer of the Windward Residential Parcel shall complete the public improvements for the Windward Open Space Parcel. 3.5.1 Windward Open Space Parcel Improvements The public improvements for the Windward Open Space Parcel are described in Chapter 4 and include a decomposed granite trail, bench, trail fencing, directional and interpretive signage, and the approved landscape palette. 3.5.2 Windward Open Space Parcel Landscaping The native landscape plan for the Windward Open Space Parcel is discussed in Chapter 4 and shown on Exhibit 4‐1, Open Space and Resource Conservation Concept Plan. The Windward Residential Parcel CDP shall require the Windward Owner to: Prepare a Habitat Management Plan (HMP) for the Windward Open Space Parcel consistent with the native landscape plan set forth in Chapter 4. -136- 3. Development Standards April 2018 3-8 Be responsible for initially installing the landscaping on the Windward Open Space Parcel. Maintain the native landscaping pursuant to the HMP until 90% of the residential units within the Windward Residential Parcel have been sold. The CC&Rs for the Windward Residential Parcel shall provide that: The HOA shall assume responsibility for that maintenance when 90% of the residential units within the Windward Residential Parcel have been sold. The HOA shall retain that maintenance responsibility until the City confirms that all success criteria required by the CDP for the Windward Open Space Parcel native landscaping have been met. Once the City confirms that all success criteria required by the CDP for the Windward Open Space Parcel native landscaping have been met, the then current owner of the Windward Open Space Parcel shall assume ongoing responsibility for maintenance of the Windward Open Space Parcel. 3.5.3 Windward Open Space Parcel Signage 1. Trail Entrances. Signs shall be posted at the north and south entrances to the trail at Bolsa Chica Street directing the public to the trail heads as shown on Exhibit 6‐8. 2. Interpretive Sign. An interpretive sign shall be located along the trail within the Windward Open Space Parcel as shown on Exhibit 6‐8. The sign shall include educational information about archaeological site CA ORA 86 and historical aspects of the Windward Open Space Parcel. 3. Coastal Access Trail. Plans for the coastal access trail shall be submitted to the City concurrent with the plan check submittal for the Windward Residential Parcel. The plans for the trail shall include signage indicating public access and provide informational details about the entire coastal access path including length of the entire path to the Bolsa Chica Wetlands. 3.6 City Property Open Space Improvements The public improvements for the City Property are described in Chapter 4 and shown on Exhibit 4‐1. The City Property will serve as a trailhead to funnel pedestrians to and across the Windward Open Space Parcel. Prior to the issuance of the first occupancy permit for a residential unit other than a model home within the Windward Residential Parcel, the developer of the Windward Residential Parcel shall complete the public improvements for the City Property described in Chapter 4, including the trail, signage, trail fencing, and landscape improvements. -137- 3. Development Standards April 2018 3-9 3.7 Compliance with Mitigation Measures Development of the Windward Residential Parcel shall comply with the following Mitigation Measures from Negative Declaration No. 16‐003: 1. Prior to any development, the Applicant shall retain a City‐approved Archaeologist who meets the Secretary of Interior Standards for both Archaeology and History. An Archaeological Mitigation and Monitoring Plan (AMMP) shall be developed prior to initiating construction to outline “controlled archaeological grading methods,” which has been shown to be an effective investigative method for locating previously unknown resources on Bolsa Chica Mesa. The plan shall include protocol for the mitigation of cultural resources through a research design and recovery/preservation plan, including significance testing of inadvertent archaeological finds; lab analysis, curatorial requirements, and reporting requirements; and identification of an acceptable repository for all recovered material with curatorial fees being paid by the Applicant. 2. In accordance with CR‐1 and the AMMP, controlled archaeological grading shall occur across the entire Windward project site prior to the issuance of a grading permit for residential development of the project site. Archaeological grading shall consist of using mechanized equipment where the plowzone is removed in approximate 2 centimeter depth increments by a mechanical scraper, as part of the controlled grading effort and under the supervision of the archaeological site supervisor. The grading process shall be limited to slow excavation in small horizontal areas providing ultimate control. The archaeologist(s) and Native American Monitor(s) shall examine the soils as they are exposed. Previous investigations have shown that once below the plowzone, soils consist of: 1) basal midden remnants (beige‐yellow in color) or 2) Pleistocene terrace deposits (red in color). Culturally‐sterile Pleistocene terrace deposits are shallow at this location, reached at a maximum depth of 150cm below the surface. The entire process shall be monitored by both Gabrielino and Juaneno Native American monitors. Monitoring will occur with at least one archaeologist and one Native American monitor per equipment array that is operating. 3. All construction personnel shall be instructed to stop work on the project site in the event of a potential find, until the archaeologist and Native Monitors have been able to assess the significance of the find and implement appropriate measures as outlined in the AMMP to protect or scientifically remove the find. Construction personnel shall also be instructed that unauthorized collection of cultural resources is prohibited by law. If archaeological resources are discovered during ground‐ disturbing activities, the archaeologist has the authority to cease all earthwork in the immediate area of the finds (within 50 feet) until the find can be evaluated for significance. -138- 3. Development Standards April 2018 3-10 In the absence of a determination, all archaeological resources shall be considered significant. If the resource is determined to be significant, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. 4. In the event cultural resources are exposed in any overlying basal midden remnants during the controlled archaeological grading, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. Specific protocol for uncovering the resource and analyzing its significance will be detailed within this plan. The protocol shall establish procedures for various types of archaeological resources that may be discovered. Because of their cultural significance, however, if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or religious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. 5. If human remains are discovered during construction or any earth‐moving activities, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric, the Coroner must notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site and may recommend or deny scientific removal and nondestructive analysis of human remains. If the human remains are determined to be in situ, i.e., they have not been moved or relocated to the site of discovery, the preservation methods in CR‐4 shall apply. 6. Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the City that a City‐approved paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre‐grade conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall -139- 3. Development Standards April 2018 3-11 determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. 7. Prior to construction‐related ground disturbing activity, a qualified biologist shall survey the project site for presence of Southern tarplant during the appropriate blooming period, May – November. If feasible, the survey shall be conducted during the peak blooming period for the year. Any substantial occurrence (at least 500 mature individuals) shall be preserved on‐site or relocated to open space areas in the Bolsa Chica area. If relocation is required, a Southern tarplant relocation program shall be prepared by a qualified biologist and implemented prior to the onset of construction. 8. Prior to construction‐related ground disturbing activity, focused burrowing owl surveys shall be conducted in accordance with the CBOC and California Department of Fish and Wildlife (CDFW) established protocols on the project site. If no occupied burrows are found, the methods and findings of the surveys shall be reported to the City and CDFW for review and approval and no further mitigation would be required. If unoccupied burrows are found during the nonbreeding season, the burrows shall be collapsed or otherwise obstructed to prevent owls from entering and nesting in the burrows. If occupied burrows are found, a buffer of 165 feet (during the nonbreeding season of September 1 through January 31) or 250 feet (during the breeding season of February 1 through August 31) shall be provided. The buffer area may be adjusted based on recommendations by a qualified biologist in consultation with the CDFW. No activity shall occur within the buffer area until a qualified biologist confirms that the burrow is no longer occupied. If the burrow is occupied by a nesting pair, a minimum of 6.5 acres of foraging habitat contiguous to the burrow shall be maintained until the breeding season is over. The 6.5 acres would consist of the five acres of the project site as well as the adjacent 6.2 acre Goodell Property. The western portion of the Shea property is designated as permanent open space providing an additional 19 acres of foraging habitat. If avoidance of an occupied burrow is not feasible, on‐site passive relocation techniques approved by the CDFW shall be used to encourage the owls to move to an alternative borrow outside of the impact area. However, no occupied burrows shall be disturbed during the nesting season unless a qualified biologist verifies through noninvasive methods that juveniles from the occupied burrows are foraging independently and are capable of independent survival. -140- 4. Open Space and Resource Conservation April 2018 4-1 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4.1 Windward Open Space and Resource Conservation Uses The Windward Owner has requested adoption of the Windward Specific Plan to implement the open space and resource conservation vision of the Settlement. The Windward Specific Plan designates the land use of the Windward Open Space Parcel and the City Property as Open Space – Park with a Coastal Conservation designation. The allowable uses under the City’s existing Open Space – Park land use designation and Coastal Conservation zoning are limited to pedestrian trails and observation platforms for passive nature study. Consistent with those regulations, the uses for the Windward Open Space Parcel are limited to a pedestrian trail which includes interpretive signage and a scenic overlook. The Open Space – Park land use designation and Coastal Conservation designation provide a land use that is compatible with the use of the adjacent Parkside property. Although high density residential uses border the northern edge of the Windward Property and lower density residential is located immediately west of the site, the eastern and southern edges abut open space areas that serve important ecological functions and are an integral part of the Bolsa Chica environment. In 2012, the Coastal Commission approved the Parkside residential development project, which borders the Windward and Goodell Properties. Due to concerns about the continuing viability of a grove of eucalyptus trees to function as Environmentally Sensitive Habitat (ESHA) and the presence of a wetland, the Commission designated approximately 18 acres of the western portion of the Parkside property as open space to accommodate various ecological buffers and water quality treatment areas. As part of the project approval, the developer was required to prepare a Habitat Management Plan (HMP) for the areas of the property designated as open space/conservation. The HMP calls for the area that abuts the Windward Open Space Parcel to be revegetated with native grasses and some scrub species. The area adjacent to the Goodell Property is planned for scrub/grassland and Coastal Sage Scrub revegetation. The HMP has been approved by the Coastal Commission but has not yet been implemented. The open space plan for the Windward Open Space Parcel also takes into consideration habitat restoration plans approved by the Coastal Commission on the adjoining Parkside property to ensure that the landscape plans and plant palettes are compatible and complement one another. Accordingly, the permitted uses and landscape plan for the Windward Open Space Parcel are designed to be entirely compatible with the approved HMP for the Parkside project. In fact, as shown on Exhibit 4‐1, Open Space and Resource Conservation Concept Plan, the native landscape plan for the Windward Open Space Parcel essentially expands the three‐acre grassland/scrub area on the western edge of Parkside onto the Windward Open Space Parcel creating an approximately 5.5‐acre contiguous grassland/scrub area. -141- 4. Open Space and Resource Conservation April 2018 4-2 The conceptual plant palette for the Windward Open Space Parcel is comprised primarily of native grassland with some scrub species. These species are listed on Table 4‐1, Conceptual Open Space Native Plant Palette. TABLE 4‐1 Conceptual Open Space Native Plant Palette Container Plants Scientific Name Common Name Plants/ac Cylindropuntia prolifera Coastal Cholla 150 Opuntia littoralis Coastal Prickly Pear 200 Plants from Seed Scientific Name Common Name Pounds/ac Ambrosia acanthicarpa Sand‐Bur 5.00 Baccharis pilularis Coyote Bush 0.50 Bromus carinatus California brome 7.00 Camissoniopsis cheiranthifolia Beach Evening Primrose 0.25 Dichelostemma capitatum Blue Dicks 2.00 Distichlis spicata Salt Grass 1.00 Encelia californica California Encelia 0.75 Eriophyllum confertiflorum Long‐Stemmed Golden Yarrow 0.25 Eschscholzia californica California Poppy 0.50 Festuca microstachys Pacific Fescue 5.00 Heliotropium curassavicum Alkali Heliotrope 0.75 Isocoma menziesii Coastal Goldenbush 2.50 Lasthenia californica Coastal Goldfields 0.25 Lupinus bicolor Miniature Lupine 2.00 Phacelia parryi Parry’s Phacelia 0.25 Plantago erecta California Plantain 3.00 Pseudognaphalium californica California Everlasting 0.25 Sisyrinchium bellum California Blue‐Eyed Grass 1.50 Stipa lepida Foothill Needlegrass 6.00 Stipa pulchra Purple Needlegrass 8.00 Verbena lasiostachys Western Verbena 0.50 To facilitate public access to the Windward Open Space Parcel, a decomposed granite pedestrian trail is planned for the Windward Open Space Parcel that would connect to the City Property along the northernmost edge of the Windward Property, turning southerly to ultimately connect to trails that may, in the future, be located on the Goodell Property. The plan is to initially create a trail loop that starts at the southeast corner of Bolsa Chica Street and Los Patos Avenue extending easterly through the City Property and then southerly across the Windward Open Space Parcel and then turning westerly to intersect back at Bolsa Chica Street. The trail will be located at the highest -142- 4. Open Space and Resource Conservation April 2018 4-3 elevation of the Windward Open Space Parcel providing an opportunity for a scenic overlook node offering trail users unobstructed views of Saddleback Mountain in south Orange County. As shown on Exhibit 4‐1, Open Space and Resource Conservation Concept Plan, the trail would feature interpretive signage that would provide users with information regarding the property’s rich history. Ultimately, if the Goodell Property is acquired by a public agency or a qualified non‐profit such as the Bolsa Chica Land Trust or an accredited land trust, the Windward trail could be extended onto the Goodell Property to create a network of trails that provide users with a variety of experiences. Maintenance of the trail on the City Property would be the responsibility of the homeowner’s association formed for the Windward Residential Parcel. 4.2 Open Space and Resource Conservation Concept Plan for the Windward Open Space Parcel and the City Property As described in Chapter 1, Introduction, the goal of the Settlement is to preserve as much as possible of the two remaining privately held undeveloped parcels on the Bolsa Chica Mesa. One alternative is for the Trust for Public Land (TPL) to purchase the entire eleven acres of privately owned property and preserve it as open space. How the properties would ultimately be used under that alternative depends largely on what entity ends up holding title to the land. Under a scenario where both the Windward and Goodell Properties are purchased by TPL, the Windward Specific Plan would not take effect. The Windward Property would retain its current land use designation. The Windward Specific Plan is being created to facilitate the second alternative of the Settlement (Alternative 2), which allows medium density residential on the Windward Residential Parcel, with the Windward Open Space Parcel being restricted to “Open Space and Conservation Uses.” For the purposes of the Windward Specific Plan, “Open Space and Conservation Uses” shall mean the following: 1. Pedestrian trails, observation areas and platforms, interpretive signs and displays, native landscaping, trail fencing, and habitat restoration; 2. Any additional uses set forth in the Mitigation Plan prepared pursuant to Consent Cease and Desist Order No. CCC‐12‐CD‐01 and Consent Restoration Order No. CCC‐ 12‐RO‐01, both approved by the Coastal Commission on September 11, 2013; and 3. Any other open space, resource protection, and conservation uses that are later approved through an amendment of the LCP approved by the City and certified by the Coastal Commission. To implement Alternative 2, however, the Windward Owner will need to voluntarily purchase the Goodell Property and dedicate both the Windward Open Space Parcel and the Goodell Property to a governmental agency or a qualified non‐profit such as the Bolsa Chica Land Trust or an accredited land trust subject to restriction to the Open -143- 4. Open Space and Resource Conservation April 2018 4-4 Space and Conservation Uses. Under Alternative 2, approximately 8.7 of the eleven acres comprising the Windward and Goodell Properties would be preserved for Open Space and Conservation Uses. In the case of the Windward Open Space Parcel, preservation would be through both (i) the provisions of the Windward Specific Plan and the LCPA and (ii) a recorded deed restriction. In the case of the Goodell Property, preservation would be through a voluntary deed restriction unrelated to regulatory requirements. As contemplated by the Settlement, the opportunity to craft a comprehensive plan for a relatively large parcel of land that abuts an even larger open space complex containing valuable ecological and cultural resources is truly unique. Also included in the Open Space and Resource Conservation Concept Plan is the City Property, a sliver of land owned by the City that is approximately 30 feet wide and 445 feet long (13,350 square feet) that is designated as open space‐park on the City’s general plan. The City Property forms the northern boundary of the Windward Property and currently accommodates a native trail that is used informally by pedestrians to access the Parkside property from the intersection of Bolsa Chica Street and Los Patos Avenue. Signal dedicated this parcel of land to the City for park purposes in 1999. The goals for developing a comprehensive open space plan are: Provide the public with an open space plan that demonstrates the City’s intentions for the Windward Open Space Parcel in the event a governmental agency or qualified non‐profit such as Bolsa Chica Land Trust obtains the Goodell Property and the Goodell Property is annexed to the City. Ensure that land uses are compatible with adjacent properties such as Parkside Estates, Brightwater, and the State Ecological Reserve. Provide opportunities for public access while protecting sensitive biological and cultural resources. Ensure that the habitat values of the Bolsa Chica Ecological Reserve are not compromised. Integrate into the plan a cultural mitigation program required by the California Coastal Commission under a Consent and Restoration order with the Windward Owner. Identify appropriate areas for placement of scenic overlooks and interpretive signage. As shown on Exhibit 4‐1, Open Space and Resource Conservation Concept Plan (Concept Plan), the Concept Plan is designed to provide public access from the southeast corner of the intersection of Bolsa Chica Street and Los Patos Avenue, utilizing the City Property as a trailhead to funnel pedestrians across the Windward Open Space Parcel southerly to the Goodell Property. Once on the Goodell Property, trail users can visit scenic overlooks and interpretive signs or continue on to the Brightwater trail. Careful -144- 4. Open Space and Resource Conservation April 2018 4-5 consideration has been given to designing a trail system that does not require mechanical grading to construct and provides appropriate fencing to keep users on the trails and out of sensitive biological or cultural areas. The City Property will contain a decomposed granite trail with native landscape on both sides and will connect with the trail located on the Windward Open Space Parcel. Although the City Property is only a third of an acre, it is located adjacent to the existing Los Patos Avenue public right‐of‐way and provides critical linkage to the Windward Open Space Parcel. Recognizing that biological and cultural resources exist in some portions of the Windward Open Space Parcel, the Open Space and Resource Conservation Concept Plan is designed to avoid re‐contouring the landform and any mechanized grading. It takes into consideration established native trails. The native grassland/scrub plant palette recommended for the Windward Open Space Parcel is planned to extend onto the Goodell Property to be consistent with the Parkside Estates open space parcel. Although under the Concept Plan coastal sage scrub could be planted on the upper portion of the Goodell Property, grassland/scrub species with shallower root systems would be preferable given the presence of cultural resources on the southern portion of the Goodell Property. The trail system on the Goodell Property primarily utilizes existing trails. However, since the area contains sensitive biological resources, the Concept Plan contemplates fencing would be incorporated to keep pedestrians on designated trails to minimize disturbances to existing habitat and any native landscaping installed in the future. With respect to cultural resources, in 2013, the Coastal Commission issued a Consent Restoration Order requiring the landowner to design and construct a cultural mitigation program in this area of the Bolsa Chica Mesa. The cultural mitigation program could easily be incorporated into the trail and interpretive sign program. As stated previously, the Windward Specific Plan does not regulate the Goodell Property. The purpose of the Concept Plan is to provide a vision of what could occur on the Goodell Property under the Open Space and Conservation Uses to which the Goodell Property would be limited by voluntary deed restrictions under Alternative 2. Permits necessary to implement the Open Space and Conservation Uses on the Goodell Property would be the subject of future entitlements and CEQA review if the Goodell Property is acquired under Alternative 2, annexed, an LCP amendment is approved by the Coastal Commission, and a more detailed plan is developed. -145- -146- 5. Administration and Implementation April 2018 5-1 5 ADMINISTRATION AND IMPLEMENTATION 5.1 Summary To cooperatively achieve the open space and resource conservation objectives of this Specific Plan, the City, the Coastal Commission, and the Windward Owner each require specific respective assurances. The City and the Coastal Commission need assurances that before development of the Windward Residential Parcel can begin, the conveyances and deed restrictions called for by this Specific Plan and Alternative 2 of the Settlement are operative. The Windward Owner needs assurances that if those conveyances and deed restrictions are operative, Windward Owner will have the right to proceed with the development of the Windward Residential Parcel as permitted by this Specific Plan. This Chapter 5 provides each of these parties with the needed assurances by making the operative status of all Required Approvals (specified in 5.3 below) and Implementation Documents (specified in 5.4.1 below) mutually contingent upon approval and effectiveness of all of the Required Approvals and Implementation Documents. 5.2 Key Definitions 1. Approved/Approval: “Approved” or “Approval” refers to the process(es) prescribed by applicable local and/or state law by which the Required Approvals and the Implementation Documents are authorized by the applicable decisional authority. For example, this Specific Plan/LCPA is “approved” when the City Council has voted to adopt the resolution approving this Specific Plan/LCPA and the Coastal Commission’s certification of the LCPA is complete pursuant to Public Resources Code Sections 30512 and 30513. 2. Effective: “Effective” refers to the time at which a Required Approval or an Implementation Document becomes final in the ordinary course of the administrative process for that approval as set forth in applicable local and/or state law. For example, the Coastal Commission’s regulations, specifically 14 CCR § 13544, specify when certification of the LCPA shall become “effective”. For purposes of this Specific Plan/LCPA, Required Approvals and Implementation Documents may specify a later “operative” date subsequent to the “effective” date. 3. Operative: “Operative” refers to the time at which a Required Approval or an Implementation Document may be exercised, used, or implemented. For purposes of this Specific Plan/LCPA, Required Approvals and Implementation Documents may specify a later “operative” date subsequent to the “effective” date. -147- 5. Administration and Implementation April 2018 5-2 5.3 Required Approvals The development of the Windward Residential Parcel authorized by the Windward Specific Plan may not occur until all of the following (the “Required Approvals”) are “effective”: 5.3.1 By the City (collectively, the “City Approvals”): 1. Approval of a Local Coastal Program Amendment (LCPA1), consisting of (1) an amendment to the Coastal Element of the City’s General Plan which functions as the Land Use Plan portion of the LCP, and (2) the “Windward Specific Plan,” comprised of a Zoning Text Amendment and a Zoning Map Amendment to the Implementation Plan portion of the LCP; 2. Approval of and entry into a Development Agreement (Windward DA) between the City and the Windward Owner pursuant to Government Code Sections 65864 et seq. in order to implement Alternative 2 of the Settlement; 3. Approval of a Coastal Development Permit (CDP) authorizing construction of a 36‐unit townhome development and associated infrastructure and consisting of (1) a Tentative Tract Map subdividing the Windward Property into one numbered lot for residential development (the Windward Residential Parcel) and one lettered lot for open space (the Windward Open Space Parcel) and (2) a Conditional Use Permit allowing the development of the Windward Residential Parcel in accordance with the development standards set forth in the Windward Specific Plan and the LCPA (or as certified with suggested modifications as accepted by the City); and 4. Approval of grading, building, and similar ministerial permits. 5.3.2 By the Coastal Commission (collectively, the “Commission Approvals”): 1. Certification of the LCPA, in accordance with the City Approvals (or with suggested modifications as accepted by the City); 2. Approval of the Windward DA, to the extent, if any, required by Government Code Section 65869, including with respect to its terms regarding the acquisition, conveyance, and deed restriction of the adjacent Goodell Property; and 3. In the event the City’s approval of the CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal 1 All references to the “LCPA” refer to each of the components included within this bullet point. -148- 5. Administration and Implementation April 2018 5-3 raises substantial issue(s) regarding conformity of the CDP with the LCP, approval by the Commission of a CDP. 5.4 Conditions Precedent to Required Approvals Becoming “Operative” 5.4.1 Assurances to City and Coastal Commission. To assure that development of the Windward Residential Parcel may not occur without the Windward Owner first taking the actions needed to implement the open space objectives of this Specific Plan and Alternative 2 of the Settlement. The documents required by subsections a, b, c and d below shall constitute Implementation Documents. Therefore, notwithstanding certification and effectiveness of (1) the LCPA by the Commission and (2) a CDP by the City or the Commission on appeal, the Specific Plan/LCPA and CDP shall not become “operative” until the following events have occurred: 1. For the Windward Open Space Parcel: Offer or Grant. One of the following Implementation Documents related to the Windward Open Space Parcel has been recorded in a form acceptable to the City2: a. An irrevocable offer to dedicate the Windward Open Space Parcel to the People of the State of California (Windward Offer). The Windward Offer must restrict the Windward Open Space Parcel to open space and resource conservation uses as set forth in the Windward Specific Plan. The Windward Offer shall run with the land for 21 years, binding all successors and assignees, and may be accepted by the State through a public agency or private nonprofit entity approved by the City. OR b. A conveyance of fee title to the Windward Open Space Parcel to the Bolsa Chica Land Trust (BCLT) or to another accredited land trust or nonprofit entity approved by the City (Windward Conveyance). The Windward Conveyance must restrict the Windward Open Space Parcel to open space and resource conservation uses as set forth in the Windward Specific Plan. 2. For the Goodell Property: Offer or Grant. One of the following Implementation Documents related to the Goodell Property has been recorded in a form acceptable to the City: 2 In any case where this Specific Plan/LCPA states that a document must be acceptable to the City, that requirement will extend to the Executive Director of the Coastal Commission in the event a City‐approved CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal raises substantial issue(s) regarding conformity of the CDP with the LCP. -149- 5. Administration and Implementation April 2018 5-4 a. An irrevocable offer to dedicate the Goodell Property to a public agency (Goodell Offer). The Goodell Offer must restrict the Goodell Property to open space and resource conservation uses as set forth in the Windward Specific Plan. The Goodell Offer shall run with the land for 21 years in favor of the People of the State of California, binding all successors and assignees. OR b. A conveyance of fee title to the Goodell Property to either the BCLT or another accredited land trust or nonprofit entity approved by the City (Goodell Conveyance). The Goodell Conveyance must restrict the Goodell Property to open space and resource conservation uses as set forth in the Windward Specific Plan. 3. For both the Windward Open Space Parcel and the Goodell Property: Deed Restrictions. Upon acceptance as to form by City, deed restrictions limiting the Windward Open Space Parcel and the Goodell Property to open space and resource conservation uses have been recorded in a form acceptable to the City. 4. For both the Windward Residential Parcel and the Windward Open Space Parcel: Acceptance of LCPA. A document in a form acceptable to the City has been provided to the City and recorded, unequivocally stating that the Windward Owner (i) accepts the certified LCPA in form and substance, (ii) acknowledges that the Windward Residential Parcel and the Windward Open Space Parcel shall be subject to the provisions of the LCPA, and (iii) acknowledges that the LCPA has become effective. 5. For the Windward Open Space Parcel and the Goodell Property: Title reports have been provided to the City for the Windward Open Space Parcel and the Goodell Property showing, to the satisfaction of the City, that those properties have been deed restricted and either offered for dedication or otherwise conveyed free of prior liens and encumbrances which would materially and adversely affect the interests being dedicated/conveyed. 5.4.2 Assurances to Windward Owner. To assure that the Windward Owner is not required to deed restrict and convey the Windward Open Space Parcel and, pursuant to the Windward DA, deed restrict and convey the Goodell Property as set forth above without having the right to develop the Windward Residential Parcel, the Implementation Documents specified in Section 5.4.1 shall contain language that each respective Implementation Document does not become operative until: -150- 5. Administration and Implementation April 2018 5-5 1. All of the Required Approvals have been approved and have become effective; and 2. Either the time for legal challenges to each of the Required Approvals has expired and/or legal challenges which have been made have terminated or resolved with all Required Approvals remaining intact and effective. 5.5 Development Agreement No. 16‐001 Through the Windward DA, which was voluntarily requested of the City by the Windward Owner to implement the Settlement, the Windward Owner has voluntarily agreed that the recording of the applicable Implementation Documents in accordance with 5.4.1 above shall be a condition precedent to this Specific Plan/LCPA and any CDP for the development of the Windward Residential Parcel becoming operative. The Windward DA was approved by the City Council concurrently with the approval of the Windward Specific Plan and LCPA and reflects the requirements of Section 5.3 above. 5.6 Enforcement of the Specific Plan/LCPA The Specific Plan/LCPA serves both a planning and regulatory function. It is the vehicle by which the City of Huntington Beach Local Coastal Program and General Plan are implemented for the Windward Property. If there is a conflict found between the Windward Specific Plan and the HBZSO, the contents of the Windward Specific Plan shall prevail. Where the Windward Specific Plan is silent, the provisions of the HBZSO shall apply. The Community Development Department shall be responsible for interpreting and enforcing the site development standards and design guidelines set forth in the Windward Specific Plan. 5.7 Methods and Procedures 5.7.1 Zoning Text Amendments A Zoning Text Amendment shall be required for changes to the Windward Specific Plan and processed in accordance with the provisions of Chapter 247 of the HBZSO. Zoning Text Amendments shall require an amendment to the City’s Local Coastal Program and shall not take effect until certified by the California Coastal Commission and subsequently accepted by the City pursuant to 14 CCR § 13544. 5.7.2 Hearings All local public hearings held relative to the Windward Specific Plan shall be administered according to the applicable provisions of the HBZSO. -151- 5. Administration and Implementation April 2018 5-6 5.7.3 Appeals Any local decision, determination or requirements may be appealed in accordance with applicable provisions of the HBZSO. 5.8 Maintenance Mechanisms As a condition of issuance for any CDP for development of the Windward Residential Parcel, a homeowner’s association for the Windward Residential Parcel (HOA) shall be formed and, through its CC&Rs (see Chapter 3, Section 3.5.13‐3 above), be responsible for: 1. The permanent maintenance, repair, and replacement of all HOA‐owned improvements within the common areas of the Windward Residential Parcel, including landscaping, irrigation, common vehicular driveways, parking, recreation, open space, community walls and fences, community facilities, drainage facilities, water quality BMP’s, and private service utilities. 2. Until the Windward Open Space Parcel is transferred to a governmental agency or to a qualified non‐profit organization pursuant to Section 5.4.1.a above, the maintenance, repair, and replacement of the public improvements within the Windward Open Space Parcel which are described in Chapter 4 and which include a decomposed granite trail, bench, trail fencing, directional and interpretive signage, and the approved landscaping. 3. The maintenance of the public improvements for the City Property described in Chapter 4 and shown on Exhibit 4‐1, including, but not limited to, the trail, signage, trail fencing, and landscape improvements. 4. Entering into a Landscape Maintenance Agreement with the City describing the HOA’s maintenance obligations with respect to the public improvements for the City Property described in Chapter 4 and shown on Exhibit 4‐1, including, but not limited to the trail, signage, trail fencing, and landscape improvements. -152- 6. Appendices April 2018 6-1 6 APPENDICES 6.1 Architectural Character The architectural character for the Windward Residential Parcel development (Windward Community) follows a Mid‐Century Modern theme, with strong linear elements and bold horizontal and vertical features. A variety of exterior materials are utilized including wood, stone, stucco, and glass (see Architectural Style, Exhibit 6‐1). The mid‐century modern architectural style provides “four‐sided” architecture with a variety of architectural elements on all four sides of the home, thus eliminating a flat plane on any side. -153- -154- 6. Appendices April 2018 6-3 6.2 Residential Landscape Design Concept Community design concepts and details for the Windward Community are presented in this Specific Plan in order to establish a comprehensive theme that blends the landscape with the architecture. Residents and visitors will experience the Windward Community as an upscale design with select palm species, canopy trees and plantings that complement the Modern design of the architecture. Careful consideration is also given to providing a landscape plan for the residential area that is compatible with the adjacent environment (see Exhibit 6‐2, Residential Landscape Plan). The elements included in this plan include: Project Entry, Recreation Area, Wall and Fence Design, Open Space Trails, and Plant Palette. 6.2.1 Project Entry – Bolsa Chica Street The Windward Community primary entrance is located at the southern part of the community along Bolsa Chica Street. The entry design includes project signage, (see Exhibit 6‐3, Community Signage), that is framed by a backdrop of evergreen plant materials. There is a secondary point of ingress/egress north of the primary entrance which will offer right in and right out access only. This secondary access will not include project signage. 6.2.2 Recreation Area The recreation area, shown on Exhibit 6‐4, Community Recreation Area Plan, is located in the northern portion of the project will benefit from the existing landscape located on the Los Patos/Bolsa Chica corner providing both a sense of privacy and a large‐scale, visual evergreen backdrop. Anticipated amenities for the Windward Community residents include a swimming pool with lap‐lane, fireplace/gathering area and grilling station. 6.2.3 Wall and Fence Design The Community Wall and Fence Plan, Exhibit 6‐5, describes locations and materials that are consistent with the adjacent communities while being unique to the Windward Community. Wall and Fence Elevations are depicted in Exhibit 6‐6. Walls and fences, up to a maximum of 6 feet in height, are permitted in front setback areas. Pilasters shall be a maximum of 6 feet 6 inches in height. -155- 6. Appendices April 2018 6-4 6.2.4 Open Space Trail The Windward Community open space design includes an approximate 0.4‐mile loop trail (Windward Loop Trail) which can be accessed from the primary or secondary entry depicted on Exhibit 6‐7, Trails Plan and Section. The trail consists of a concrete sidewalk along Bolsa Chica street and a connecting, six foot (6’) wide, decomposed granite trail that extends east through the City Property above the northern Windward Property boundary, south through the Windward Open Space Parcel and returns west back to Bolsa Chica Street. The Windward Loop Trail includes directional and interpretive signage as shown on Exhibit 6‐8, Public Access Signage Plan, open space trail fencing and an overlook area with bench seating. In addition to the Windward Loop Trail, connections to other local trail systems are available, as shown on Exhibit 4‐1, Open Space /and Resource Conservation Concept Plan. 6.2.5 Plant Palette The plant palette for the Windward Community has been separated into two distinct use areas, the Community Plant Palette and the Private Residential Plant Palette. The plant palette, described in Section 6.1, also includes prohibited plant species within the Windward Community. These use areas contain unique plant palettes, which will assure the implementation of the community theme. The plant palettes for the residential area are drawn from the Coastal Commission‐approved plant palette for the Brightwater Community. Plant species that are considered invasive are prohibited from use by the homeowners. The plant palette for the open space area of the Windward Community can be found within Table 4‐1, Conceptual Open Space Native Plant Palette. -156- -157- -158- -159- -160- -161- -162- -163- 6. Appendices April 2018 6-12 Table 6‐1 Residential Landscape Plant Palette Botanical Name Common Name COMMUNITY – HOA MAINTAINED – TREES Arbutus unedo Strawberry Tree Archontophoenix cunninghamiana King Palm Brachychiton populneus Bottle Tree Cercis occidentalis Western Redbud Cinnamomum camphora Camphor Tree Citrus species Citrus Cocos plumosa Queen Palm Eriobotrya deflexa Bronze Loquat Erythrina coralloides Coral Tree Feijoa sellowiana Pineapple Guava Ficus florida Florida Fig Ficus nitida ‘Green Gem’ Indian Laurel Fig – Green Gem Ficus rubiginosa Rustyleaf Fig Ginkgo biloba Maidenhair Tree Lagerstroemia species Crape Myrtle Magnolia grandiflora SPP. Southern Magnolia Melaleuca nesophila Pink Melaleuca Melaleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Phoenix canariensis Canary Island Date Palm Phoenix dactylifera Date Palm Pinus eldarica Eldarica Pine Platanus racemosa California Sycamore Podocarpus gracilior Fern Pine Prunus caroliniana Carolina Laurel Cherry Tristania conferta Brisbane Box Tupidanthus calyptratus Tupidanthus COMMUNITY – HOA MAINTAINED – SHRUBS Agapanthus africanus Lily‐of‐the‐Nile Agave americana Century Plant Agave attenuate Fox Tail Agave Agave shawii Shaw’s Agave Aloe arborescens Tree Aloe Aloe vera Medicinal Aloe Buxus japonica Japanese Boxwood Camellia japonica Camellia Campanula poscharskyana Serbian Bellflower Carex spissa San Diego Sedge Carissa macrocarpa ‘Fancy’ Natal Plum -164- 6. Appendices April 2018 6-13 Residential Landscape Plant Palette Botanical Name Common Name Ceanothus gloriosus ‘Point Reyes’ Point Reyes Ceanothus Ceanothus griseus var. ’Yankee Point’ Yankee Point Ceanothus Clivia miniata Kaffir Lily Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Crassula argentea Jade Plant Cyathea cooperi Australian Tree Fern Dicksonia antarctica Tasmanian Tree Fern Dietes vegeta Fortnight Lily Dodonaea viscose Hopseed Bush Escallonia ‘fradesii’ Pink Escallonia Grevillea ‘Noellii’ Grevillea Hebe buxifolia Boxleaf Hebe Helictotrichon sempervirens Blue Oat Grass Hemerocallis hybrid ‘Mountain Violet’ Daylily Hemerocallis hybrids Evergreen Daylily Kniphofia uvaria Red Hot Poker Lantana sellowiana Trailing Lantana Lavandula pedunculata ‘Atlas’ Spanish Lavender Ligustrum japonicum Japanese Privet Ligustrum japonicum ‘Texanum’ Waxleaf Privet Miscanthus sinensis ‘Yakushima’ Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lindheimer’s Muhly Grass Muhlenbergia rigens Deer Grass Myoporum ‘Pacificum’ NCN Myoporum parvilfolium NCN Nephrolepis exaltata Sword Fern Nolina bigelovii Bigelow’s bear grass Philodendron selloum Big Leaf Philodendron Phoenix roebelenii Pigmy Date Palm Phormium tenax New Zealand Flax Pittosporum crassifolium ‘Nana’ Dwarf Karo Pittosporum tobira Mock Orange Podocarpus spp. Fern Pine Rhaphiolepis indica India Hawthorn Rosmarinus officinalis Rosemary Schefflera actinophylla Schefflera Schefflera actinophylla Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum Blue‐eyed grass Solanum xantii Purple Nightshade Strelitzia nicolai Giant Bird of Paradise Strelitzia reginae Bird of Paradise -165- 6. Appendices April 2018 6-14 Residential Landscape Plant Palette Botanical Name Common Name Trachelospermum jasminoides Star Jasmine Viburnum suspensum Sandankwa Viburnum Westringia fruticosa Coast Rosemary Xylosma congestum ‘Compacta’ Xylosma Xylosma congestum ‘Ed Dorado’ Dwarf Xylosma Yucca filamentosa ‘Variegata’ Variegated Yucca Yucca species Yucca COMMUNITY – HOA MAINTAINED – VINES Bougainvillea spp. Bougainvillea Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood‐Red Trumpet Vine Grewia occidentalis Lavender Starflower Pandorea jasminoides Bower Vine Rosa banksiae ‘Alba Plena’ Climbing Rose Trachelospermum jasminoides Star Jasmine COMMUNITY – HOA MAINTAINED – GROUNDCOVER Armeria martima Common Thrift Baccharis pilularis ‘Pigeon Point’ Coyote Bush Dymondia margaretae Silver Carpet Festuca ovina glauca Blue Fescue Lantana sellowiana Trailing Lantana Senecio mandraliscae Blue Chalksticks Verbena hybrida Garden Verbena COMMUNITY – HOA MAINTAINED – TURF Marathon II ‘Festuca Arundinacea’ Dwarf Tall Fescue -166- 6. Appendices April 2018 6-15 Residential Landscape Plant Palette Botanical Name Common Name PRIVATE RESIDENTIAL LOTS ‐ TREES Acer macrophyllum Big Leaf Maple Acer negundo var. californicum California Box Elder Acer palmatum Japanese Maple Aesculus californica California Buckeye Arbutus unedo Strawberry Tree Arctostaphylos glauca Bigberry Manzanita Arctostaphylos insularis Island Manzanita Brachychiton populneus Bottle Tree Ceratonia siliqua Carob Cercis occidentalis Western Redbud Cinnamomum camphora Camphor Tree Citrus species Citrus Dicksonia Antarctica Tree Fern Eriobotrya deflexa Bronze Loquat Eriobotrya japonica Loquat Feijoa sellowiana Pineapple Guava Ficus florida Florida Fig Ficus nitida ‘Green Gem’ Indian Laurel Fig – Green Gem Ficus rubiginosa Rustyleaf Fig Fraxinus dipetala Callfornia Ash Ginkgo biloba Maidenhair Tree Juglans californica California Black Walnut Lagerstroemia indica Crape Myrtle Lagerstroemia species Crape Myrtle Lauris nobilis Grecian Laurel Liriodendron tulipfera Tulip Tree Lyonthamnus floribundus ssp. Asplenifolius Fernleaf Ironwood Macadamia integrifolia Macadamia Nut Magnolia grandiflora Southern Magnolia Maytenus boaria Mayten Tree Melaleuca nesophila Pink Melaleuca Melaleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Pistacia chinesis Chinese Pistache Pittosporum undulatum Victoria Box Platanus racemosa California Sycamore Plumeria rubra Egyptian Starcluster Podocarpus gracilior Fern Pine Prunus caroliniana Carolina Laurel Cherry Ptelea crenulata California Hoptree Rhus integrifolia Lemonade Berry -167- 6. Appendices April 2018 6-16 Residential Landscape Plant Palette Botanical Name Common Name Rhus lancea African Sumac Rhus laurina Laurel Sumac Sambucus mexicana Mexican Elderberry Tabebuia chrysotricha Golden Trumpet Tree Tabebuia impetiginosa Pink Trumpet Tree Tabebuia ipe Trumpet Tree Tristania conferta Brisbane Box Tristania laurina NCN Tupidanthus calyptratus Tupidanthus PRIVATE RESIDENTIAL LOTS ‐SHRUBS Abelia grandiflora ‘Edward Goucher’ Abelia Abutilon ‘Moon Chimes’ Parlor Maple Achillea millefolium var. californica Western yarrow Agapanthus africanus Lily‐of‐the‐Nile Agave attenuata Foxtail Agave Agave shawii Shaw’s Agave Agave vilmoriniana Octopus Agave Aloe arborescens Tree Aloe Aloe Vera Medicinal Aloe Alyogyne huegelii Blue Hibiscus Armeria martima Common Thrift Asclepias speciose Showy milkweed Aster chilensis California Aster Baccharis pilularis ‘Pigeon Point’ Coyote Bush Baccharis pilularis ‘Twin Peaks #2’ Dwarf Coyote Bush Baccharis pilularis ‘Twin Peaks’ Coyote Bush Prostrate Baccharis salicifolia Mulefat Begonia ‘Richmondensis’ Richmond Begonia Bergenia cordifolia Winter Saxifage Bougainvillea ‘Tahitian Maid’ Double Bougainvillea Calystegia macrostegia California Morning Glory Camellia japonica Camellia Campanula portenschlagiana Dalmatian Bellflower Campanula poscharskyana Serbian Bellflower Carex spissa San Diego Sedge Carissa macrocarpa Green Carpet Natal Plum Carissa macrocarpa ‘Fancy’ Natal Plum Castilleja foliolosa Wooly Indian paintbrush Ceanothus spp. Ceanothus Cerastium tomentosum Snow‐in‐Summer Cercis occidentalis Western Redbud Chrysanthemum leucanthemum Oxeye Daisy -168- 6. Appendices April 2018 6-17 Residential Landscape Plant Palette Botanical Name Common Name Cistus hybridus White Rockrose Cistus incanus ssp. Corsicus NCN Cistus purpereus Orchid Spot Rockrose Cistus salviifolius Sageleaf Rockrose Cistus x purpereus Orchid Rockrose Clivia miniata Kaffir Lily Comarostaphylis diversifolia Summer Holly Conolvulus cneorum Bush Morning Glory Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Coreopsis gigantea Giant coreopsis Coretherogyne filaginifolia California aster Cotoneaster aprneyi NCN Cotoneaster buxifolius NCN Crassula argentea Jade Plant Crassula argentea ‘Crosby’ Miniature Jade Plant Crassula ovata Jade Tree Cuphea hyssopifolia False Heather Delosperma cooperi Hardy Ice Plant Dendromecon rigida Bush Poppy Dietes vegeta Fortnight Lily Dodonaea viscose Hopseed Bush Dudleya abramsil spp. murina San Luis Obispo Dudleya Dudleya caespitosa Coast Dudleya Dudleya edulis San Diego Dudleya Dudleya hassei Catalina Island Live Forever Dudleya lanceolata Lanceleaf Liveforever Dudleya pulverulenta Chalk Liveforever Erigeron karvinskianus Santa Barbara Daisy Eriogonum arborescens Santa Cruz Island Buckwheat Eriogonum giganteum St. Catherine’s Lace Eriophyllum confertiflorum Golden Yarrow Escallonia ‘fradesii’ Pink Escallonia Escallonia species Escallonia Varieties Eschscholzia californica California Poppy Feijoa sellowiana Pineapple Guava Frangula californica California Coffeeberry Fuchsia ‘Gartenmeister Bonstedt’ Honeysuckle Fuschia Galvezia speciose Island snapdragon Gardenia jasminoides Gardenia Garrya elliptica James Reef Silk Tassel Grevillea ‘Noellii’ Grevillea Grewia occidentalis Starflower -169- 6. Appendices April 2018 6-18 Residential Landscape Plant Palette Botanical Name Common Name Hardenbergia comptoniana Lilac Vine Helictotrichon sempervirens Blue Oat Grass Hemerocallis hybrid ‘Mountain Violet’ Daylily Heteromeles arbutifolia ‘Davis Gold’ Toyon Heuchera ‘Autumn Leaves’ Coral Bells Heuchera ‘Purple Palace’ Alum Root Heuchera maxima Channel Islands Coral Bells Hibiscus spp. Hibiscus Holodiscus discolor Ocean spray Hypericum calycimum Aaron’s Beard Iris douglasiana Douglas Iris Jasminum nudiflorum Winter Jasmine Kniphofia uvaria Red Hot Poker Lantana camara cultivars Yellow Sage Lantana camara montevidensis Trailing Lantana Lantana sellowiana Trailing Lantana Lavandula dentata French Lavender Lavandula pedunculata ‘Atlas’ Spanish Lavender Lepechinia fragrans Island Pitcher Sage Leptospermum lae. ‘Vigatum’ Australian Tea Tree Leucophyllum frutecens Texas Ranger Ligustrum japonicum Japanese Privet Limonium perezii Sea Lavender Liriope “Silvery Sunproof’ Monkey Grass Lonicera japonica ‘Halliana’Hall’s Japanese Honeysuckle Lonicera subspicata Wild Honeysuckle Lonicera subspicata var. denudata Chaparral Honeysuckle Mahonia aquifolium ‘Golden Abundance’ Golden Abundance Oregon Grape Mahonia nevenii Nevin Mahonia Malacothamnus fasciculatus Chaparral Mallow Miscanthus sinensis ‘Yakushima’ Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lindheimer’s Muhly Grass Myoporum ‘Pacificum’ NCN Myoporum debile NCN Myoporum parvilfolium NCN Myrtus communis True Myrtle Nephrolepis exaltata Sword Fern Nerium Oleander Oleander Nolina bigelovii Bigelow’s bear grass Nolina cismontane Chapparal Nolina Nolina species Mexican Grasstree Opuntia littoralis Prickly Pear -170- 6. Appendices April 2018 6-19 Residential Landscape Plant Palette Botanical Name Common Name Opuntia oricola Oracle Cactus Osteospermum fruticosum Trailing African Daisy Pachysandra terminalis Pachysandra Paeonia californica California Peony Penstemon heterophyllus Margarita Bop' Blue Bedder Penstemon heterophyllus var. australis Foothill Penstemon Penstemon spectabilis Showy Penstemon Pentas lanceolata Egyptian Starcluster Philadelphus lewisii Lewis’ mock orange Philodendron selloum Big Leaf Philodendron Phormium tenax New Zealand Flax Photinia x fraseri Fraser’s Photinia Pittosporum crassifolium ‘Nana’ Dwarf Karo Pittosporum tobira Mock Orange Prunus caroliniana Carolina Cherry Laurel Prunus illcifolia Hollyleaf Cherry Prunus lyonii Catalina Cherry Punica granatum Pomegranate Pycanthemum californicum Mountain Mint Quercus berberdifolia California Scrub Oak Quercus dumosa Coastal Scrub Oak Rhamnus calfornica Coffeeberry Rhaphiolepis indica Indian Hawthorn Rhus integrifolia Lemonade Berry Rhus ovata Sugarbush Ribes aureum var. gracillimum Golden Currant Ribes indecorum White Flowering Currant Romneya coulteri Matilija Poppy Romneya coulteri ‘White Cloud’ White Cloud Matilija Poppy Rosmarinus officinalis Rosemary Rumohra adiantiformis Leatherleaf Fern Salvia ‘Bee's Bliss’ Bee's Bliss Sage Salvia alpiana White Sage Salvia clevelandii winifred ’Gilman’ Cleveland Sage Salvia greggii Autum Sage Salvia sonomensis Creeping Sage Salvia spathacea Hummingbird Sage Sambucus mexicana Mexican Elderberry Santolina cha. ‘Nana’ Lavendar Cotton Santolina virensn Green Lavender Cotto Satureja chandleri San Miguel Savory Schefflera actinophylla Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum California Blue‐eyed grass -171- 6. Appendices April 2018 6-20 Residential Landscape Plant Palette Botanical Name Common Name Solanum xantii Purple Nightshade Solanum xantiiPurple Nightshade Solidago velutina ssp. californica California Goldenrod Stachys bullata Hedge Nettle Strelitzia nicolai Giant Bird of Paradise Strelitzia reginae Bird of Paradise Teucrium fruticans and cultivars Bush Germander Thalictrum fendleri var. polycarpum Mountain Meadow Rue Thuja occidentalis ‘Globosa’ White Cedar Trachelospermum asiaticum Ivory Star Jasmine or Asian Jasmine Trachelospermum jasminoides Star Jasmine Tulbaghia violacea Society Garlic Venegasia carpesioides Canyon Sunflower Viburnum suspensum Sandankwa Viburnum Viguiera laciniata San Diego Sunflower Xylosma congestum Shiny Xylosma Xylosma congestum ‘Compacta’ Xylosma Xylosma congestum ‘Ed Dorado’ Dwarf Xylosma Yucca baccata Banana Yucca Yucca filamentosa ‘Variegata’ Variegated Yucca Yucca rigida Blue Yucca Yucca Species Yucca Yucca whipplei Yucca Zauschneria californica ‘Catalina Island’ California Fuchsia Zephyranthes candida Autumn Zephyrlily PRIVATE RESIDENTIAL LOTS ‐ VINES Bougainvillea spp. Bougainvillea Calliandra haematocephala Pink Powder Puff Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood‐Red Trumpet Vine Grewia occidentalis Lavender Starflower Hardenbergia violacea Hardenbergia Macfadyena unguis‐cati Cat’s Claw Mandevilla splendens Alice du Pont Mascagnia macroptera Golden Vine Pandorea jasminoides Bower Vine Parthenocissus tricuspidata Boston Ivy Rosa banksiae ‘Alba Plena’ Climbing Rose Trachelospermum jasminoides Star Jasmine PRIVATE RESIDENTIAL LOTS ‐ GROUNDCOVER Aptenia cordifolia x Red Apple Strawberry Armeria martima Common Thrift -172- 6. Appendices April 2018 6-21 Residential Landscape Plant Palette Botanical Name Common Name Artemisia caucasica Caucasian Artesmisia Baccharis pilularis Dwarf Coyote Bush Baccharis pilularis ‘Pigeon Point’ Coyote Bush Baccharis pilularis ‘Twin Peaks #2’ Dwarf Coyote Bush Baccharis pilularis ‘Twin Peaks’ Coyote Bush Prostrate Cistus crispus NCN Corea pulchella Australian Fuscia Coresopsis lancelata Coreopsis Crassula lacteal NCN Crassula multicava NCN Crassula tetragona NCN Delosperma ‘alba’ White Trailing Ice Plant Dimorphotheca aurantiaca African Daisy Drosanthemum floribundum Rosea Ice Plant Drosanthemum hispidum NCN Drosanthemum speciosus Dewflower Dymondia margaretae Silver Carpet Festuca ovina glauca Blue Fescue Fragaria chiloensis Wild Strawberry/Sand Strawberry Gazania ‘Copper King’ Gazania Gazania ‘Moonglow’ Gazania Gazania hybrid ‘Mitsua Yellow’ Semi‐trailing Yellow Gazania Gazania hybrids South African Daisy Gazania rigens leucolaena Trailing Gazania Hedera canariensis English Ivy Iberis sempervirens Evergreen Candytuft Iberis umbellatum Globe Candytuft Lampranthus filicaulis Redondo Creeper Lampranthus spectabilis Trailing Ice Plant Lamprathus aurantiacus Bush Ice Plant Lantana sellowiana Trailing Lantana Lasthenia californica Dwarf Goldfields Lupinus arizonicus Desert Lupine Lupinus benthamii Spider Lupine Lupinus bicolor Sky Lupine Lupinus sparsiflorus Loosely flowered Annual Lupine/ Coulter’s Ophiopogon ‘Nigrescens Black’ Black Mondo Grass Ophiopogon japonicus Mondo Grass Osteospermum ‘Buttermilk’ Osteospermum Osteospermum fru. ‘African Queen’ Trailing African Daisy Osteospermum fru. ‘Burgundy’ Trailing African Daisy Osteospermum fru. ‘Whirligig’ Trailing African Daisy Osteospermum fruticosum Freeway Daisy -173- 6. Appendices April 2018 6-22 Residential Landscape Plant Palette Botanical Name Common Name Osteospermum fruticosum ‘Hybrid White’ Freeway Daisy Pelargonium peltatum Ivy Geranium Pratia pedunculata Star Creeper Sagina subulata Irish Moss Sagina subulata ‘Aurea’ Scotch Moss Santolina cha. ‘Nana’ Lavendar Cotton Verbena hybrida Garden Verbena Verbena peruviana species Verbena Viola hederacea Australian Violet PRIVATE RESIDENTIAL LOTS ‐ SUCCULENTS Aeonium ‘Kiwi’ Kiwi Aeonium Echeveria agavoides ‘Red’ Red Edge Echeveria Echeveria elegans Mexican Snowball Echeveria imbricate Hens and Chicks Kalanchoe thyrisiflora Paddle Plant Sedum pachyphyllum Stonecrop Sedum rubrotinctum Pork and Beans Senecio mandraliscae Blue Chalksticks PRIVATE RESIDENTIAL LOTS ‐ TURF Marathon II ‘Festuca Arundinacea’ Dwarf Tall Fescue Turf A‐G Sod Farms Inc. ‐ Elite Plus PRIVATE RESIDENTIAL LOTS ‐ PROHIBITED PLANT SPECIES Adenostoma fasciculatum Chamise Adenostoma sparsifolium Red Shanks Aegilops triuncialis Barbed Goatgrass Ageratina adenophora Crofton Weed Ailanthus altissima Tree Of Heaven Alhagi pseudalhagi Camel Thorn Ammophila arenaria European Beachgrass Anthemix cotula Mayweed Arctotheca calendula Capeweed Artemisia californica California Sagebrush Arundo donax Giant Reed Atriplex semibaccata Australian Saltbush Avena barbata Slender Oat Avena fatua Wild Oat Bassia hyssopifolia Fivehorn Smotherweed Bellardia trixago Mediterranean Lineseed Brachypodium distachyon Purple False Brome Brassica nigra Black Mustard Brassica rapa Wild Turnip, Yellow Mustard, Field Mustard -174- 6. Appendices April 2018 6-23 Residential Landscape Plant Palette Botanical Name Common Name Brassica tournefortii Asian Mustard Bromus diandrus Ripgut Brome Bromus rubens Red Brome Bromus tectorum Cheatgrass Cardaria chalapensis Lenspod Whitetop Cardaria draba Hoary Cress, Perennial Peppergrass Cardaria draba Whitetop Carduus pycnocephalus Italian Plumeless Thistle Carpobrotus edulis Hottentot Fig Centaurea calcitrapa Purple Starthistle Centaurea masculosa Spotted Knapweed Centaurea melitensis Maltese Star‐Thistle Centaurea solstitialis Yellow Star‐Thistle Cirsium arvense Canada Thistle Cirsium vulgare Wild Artichoke, Bull Thistle Conicosia pugioniformis Narrow‐Leaved Iceplant Conium maculatum Poison Hemlock Conyza canadensis Horseweed Cortaderia jubata Purple Pampas Grass Cortaderia selloana Pampas Grass Cotoneaster lacteus Milkflower Cotoneaster Cotoneaster pannosus Silverleaf Cotoneaster Crataegus monogyna Oneseed Hawthorn Crupina vulgaris Common Crupina Cynara cardunculus Artichoke Thistle Cytisus scoparius Scotchbroom Cytisus striatus Striated Broom Delairea odorata Capeivy Egeria densa Brazilian Waterweed Ehrharta calycina Perennial Veldtgrass Ehrharta erecta Panic Veldtgrass Eichhornia crassipes Common Water Hyacinth Elaeagnus angustifolia Russian Olive Erechtites glomerata Cutleaf Burnweed Erechtites minima Coastal Burnweed Eriogonum fasciculatum Common Buckwheat Eucalyptus globulus Tasmanian Bluegum Euphorbia esula Leafy Spurge Festuca arundinacea Tall Fescue Ficus carica Edible Fig Foeniculum vulgare Sweet Fennel Genista monspessulana French Broom Halogeton glomeratus Saltlover -175- 6. Appendices April 2018 6-24 Residential Landscape Plant Palette Botanical Name Common Name Hedera helix English Ivy Helichrysum petiolare Strawflower Heterotheca grandiflora Telegraph Plant Holcus lanatus Common Velvetgrass Hydrilla verticillata Hydrilla Hypericum perforatum St. John's Wort Ilex aquifolium English Holly Iris pseudacorus Paleyellow Iris Lactuca serriola Prickly Lettuce Lepidium latifolium Broadleaved Pepperweed Leucanthemum vulgare Oxeye Daisy Lolium perenne Perennial Ryegrass Lupinus arboreus Yellow Bush Lupine Lythrum salicaria Purple Loosestrife Mentha pulegium Pennyroyal Mesembryanthemum crystallinum Common Iceplant Myoporum laetum Ngaio Tree Myriophyllum aquaticum Parrot Feather Watermilfoil Myriophyllum spicatum Eurasian Watermilfoil Nicotiana bigelevil Indian Tobacco Nicotiana glauca Tree Tobacco Olea europaea Olive Ononis alopecuroides Foxtail Restharrow Pennisetum setaceum Crimson Fountaingrass Phalaris aquatica Bulbous Canarygrass Potamogeton crispus Curly Pondweed Retama monosperma Bridal Broom Ricinus communis Castor Bean Plant Robinia pseudoacacia Black Locust Rubus discolor Himalayan Blackberry Sacsola austails Russian Thistle/Tumbleweed Salvia mellifera Black Sage Salvinia molesta Giant Salvinia Sapium sebiferum Chinese Tallow Tree Saponaria officinalis Bouncingbet Schinus molle Peruvian Peppertree Schinus terebinthifolius Brazilian Peppertree Schismus arabicus Arabian Schismus Schismus barbatus Common Mediterranean Grass Senecio jacobaea Tansy Ragwort Sesbania punicea Rattlebox Silybum marianum Milk Thistle Spartina alterniflora Smooth Cordgrass -176- 6. Appendices April 2018 6-25 Residential Landscape Plant Palette Botanical Name Common Name Spartina anglica Common Cordgrass Spartina densiflora Denseflower Cordgrass Spartina patens Saltmeadow Cordgrass Spartium junceum Spanish Broom Taeniatherum caput‐medusae Medusahead Tamarix chinensis Fivestamen Tamarisk Tamarix gallica French Tamarisk Tamarix parviflora Smallflower Tamarisk Tamarix ramosissima Saltcedar Ulex europaeus Common Gorse Urtica urens Burning Nettle Verbascum thapsus Common Mullein Vinca major Bigleaf Periwinkle PRIVATE RESIDENTIAL LOTS ‐ PROHIBITED PLANT SPECIES ‐ ORNAMENTAL Corraders sp Pampas Grass Cupressus sp Cypress Eucalyptus sp Eucalyptus Juniperus sp Juniper Pinus sp Pine PRIVATE RESIDENTIAL LOTS ‐ PROHIBITED PLANT SPECIES ‐ PALMS Brahea armata Mexican Blue Palm Brahea brandegeei San Jose Hesper Palm Brahea edulis Guadalupe Palm Butia capitata Pindo Palm Caryota cummingii Himalayan Fish Tail Palm Caryota urens Himalayan Fish Tail Palm Chamaedorea eerumpens Bamboo Palm Chamaedorea humilis Mediterranean Fan Palm Cycas revoluta Sago Palm Trachycarpus fortunei Windmill Palm Washingtonia filifera California Fan Palm Washingtonia robusta Mexican Fan Palm -177- 6. Appendices April 2018 6-26 6.3 Infrastructure 6.3.1 Circulation Vehicular access to the Windward Community is from two access drives along Bolsa Chica Street (see Exhibit 6‐9, Circulation Plan). The southern access is located across from existing Sandover Drive. The northern access is right in/right out only due to the existing median in Bolsa Chica Street. A private street system provides access to each of the housing units. Roadways within the Windward Community shall be a minimum 24‐feet in width (see Exhibit 6‐10, Street Sections). Vehicular turnarounds are provided at the north and south ends of the private streets. The parkway on the east side of Bolsa Chica Street will be improved with a pedestrian sidewalk which will allow access from Los Patos Avenue to the southern boundary of the Windward Specific Plan Area. 6.3.2 Grading Plan The Grading Plan for the Windward Residential Parcel is illustrated on Exhibit 6‐ 11, Grading Plan, which shows spot elevations for roads and finish floor elevations. The entire grading operation will be completed in one phase. Exhibit 6‐12, Cut and Fill Plan, identifies the proposed Cut and Fill for the grading operations. -178- -179- -180- -181- -182- 6. Appendices April 2018 6-31 6.3.3 Drainage Plan The Drainage Plan for the Windward Residential Parcel is illustrated on Exhibit 6‐ 13, Storm Drain, Water, and Wastewater Plan. It shows a proposed storm drain line located within the Windward Residential Parcel private roadway system which will connect to an existing storm drain within Bolsa Chica Street. Two catch basins will be constructed to capture storm runoff within the development and prevent it from discharging into the adjacent open space areas. Once it is collected on‐site, the drainage from the Windward Residential Parcel will be conveyed to an existing storm drain in Bolsa Chica Street that is part of the drainage system for the neighboring Brightwater community. The Windward Community will utilize Brightwater’s Coastal Commission‐approved (CDP 5‐05‐ 20) storm drain system which uses a state of the art filtration system (STORMFILTER) to treat runoff before it is discharged into the Bolsa Chica lowlands. The system uses storm drain pipes to convey runoff to an underground concrete structure where it flows through a number of media filter cartridges that remove pollutants from the water before discharging it. The entire drainage area for the Windward Residential Parcel was included in the design of the Brightwater storm drain system so there is sufficient capacity in the system to accommodate flows from the Windward Residential Parcel. The Best Management Practices (BMPs) included in the Brightwater Water Quality Management Plan were also designed to treat runoff from the Windward Property. An amendment to the Brightwater Water Quality Management Plan (WQMP) to incorporate the Windward Residential Parcel development will be submitted to the City. 6.3.4 Domestic Water Plan The Water Plan for the Windward Community is depicted on Exhibit 6‐13, Storm Drain, Water, and Wastewater Plan. It indicates both the backbone water and fire lines and backflow devices that will be constructed as part of the residential development. The proposed Windward Community water system will connect to an existing 8‐inch City water main along Bolsa Chica Street. The on‐site water pipelines will be installed to provide the flows required for residential development and occupancy. The Windward Community will have one master domestic water meter. The domestic water line will be public up to the master water meter located within the Bolsa Chica Street right‐of‐way and will be private beyond the water meter. A backflow device will be set back from the property line based on City requirements and screened from view. -183- 6. Appendices April 2018 6-32 A separate fire service will be provided for private fire hydrants as the Huntington Beach Fire Department does not allow fire hydrant connections to private domestic water lines. The fire line will have a separate backflow preventer. The fire line will be public up to the backflow preventer located within the Bolsa Chica Street right‐of‐way and private beyond. The onsite fire hydrants will be private. The backflow preventer will be set back from the property line based on City requirements and screened from view. The public domestic water and fire water improvements will be constructed to meet City Water Division Standards and Fire Department’s codes, standards, and specifications. The landscape area along the east side of Bolsa Chica Street is currently being maintained by the Brightwater Maintenance Corporation as per License Agreement executed with the City by Signal Landmark. The improvements covered by this agreement include landscaping (irrigation systems and plant material) as well as the entry monumentation. If the Acquisition Alternative occurs, Brightwater Maintenance Corporation will continue to maintain the landscape area along the east side of Bolsa Chica. If Alternative 2 occurs (i.e., development of the Windward Residential Parcel), the HOA formed for the Windward Community will be responsible for the maintenance of this landscape area and the License Agreement with the City will be amended accordingly. 6.3.5 Wastewater Plan The Wastewater Plan for the Windward Community is depicted Exhibit 6‐13, Storm Drain, Water, and Wastewater Plan. It indicates the backbone sewer lines that will be constructed as part of the residential development. These lines will connect to existing sewer lines within Bolsa Chica Street, which have been sized to service this project. 6.3.6 Utilities and Services It is anticipated that utility services for the Windward Community initially will be provided by Southern California Edison (SCE), Southern California Gas Company (SCG), Verizon (for telephone), and Time‐Warner Cable (for television/computer cable modem) or their respective successor company, if ownership of their assets and/or management should resources change hands. Electrical, gas, telephone, and Cable TV facilities are all located in utility easements adjacent to Los Patos Avenue and the Sandover project. Trash service initially will be provided by Republic Services. -184- -185- 6. Appendices April 2018 6-34 6.4 Adopted Mitigation Measures (TO BE PROVIDED UPON ADOPTION BY THE CITY OF HUNTINGTON BEACH) -186- -187- -188- -189- -190- Exhibit C Amended Local Coastal Program Text and Figures (in addition to Exhibit B) -191- Los Patos Ave. OS-PBolsa Chica St.Brightwater Dr. RM-15 CITY OF HUNTINGTON BEACH COASTAL ELEMENT WINDWARDLAND USE PLAN C-6bFIGURENORTHOS-P Open Space-Parks LEGEND RESIDENTIAL OPEN SPACE RM-15 Residential Medium Density -192- -193- -194- -195- Exhibit D Zoning Text Amendment No. 16-004 -196- Specific Plan SP 16 City of Huntington Beach April 2018 -197- SP 16 WINDWARD SPECIFIC PLAN City of Huntington Beach Adopted by City Council on ______ (CC Resolution #__) Certified by California Coastal Commission on _______ SUBMITTED TO: CITY OF HUNTINGTON BEACH Planning Department 2000 Main Street Huntington Beach, CA 92648 PREPARED BY: FORMA Coastal Planning and Documentation 3050 Pullman Street Costa Mesa, CA 92626 April 2018 -198- Table of Contents April 2018 Table of Contents - Page 1 1 INTRODUCTION 1.1 Location and Existing Conditions ................................................................................ 1‐1 1.2 Project Area Background ............................................................................................ 1‐1 1.3 Summary of Land Use Plan and Zoning Designations ................................................. 1‐7 1.4 Authority and Scope for Specific Plan ....................................................................... 1‐10 1.5 Purpose and Intent .................................................................................................... 1‐10 1.6 Objectives of the Windward Specific Plan ................................................................ 1‐11 1.7 General Plan Consistency .......................................................................................... 1‐11 2 DEVELOPMENT PLAN 2.1 Land Use Plan .............................................................................................................. 2‐1 2.2 Residential Development ............................................................................................ 2‐1 3 DEVELOPMENT STANDARDS 3.1 Purpose and Intent ...................................................................................................... 3‐1 3.2 Applicability ................................................................................................................. 3‐1 3.3 Windward Residential Parcel Development Standards .............................................. 3‐1 3.4 General Regulations: Windward Residential Parcel .................................................. 3‐5 3.5 Windward Open Space Development Standards ....................................................... 3‐7 3.6 City Property Open Space Improvements................................................................... 3‐8 3.7 Compliance with Mitigation Measures ....................................................................... 3‐9 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4.1 Windward Open Space and Resource Conservation Uses .......................................... 4‐1 4.2 Open Space and Resource Conservation Concept Plan for the Windward Open Space Parcel and the City Property ................................................................... 4‐3 5 ADMINISTRATION AND IMPLEMENTATION 5.1 Summary ..................................................................................................................... 5‐1 5.2 Key Definitions ............................................................................................................ 5‐1 5.3 Required Approvals ..................................................................................................... 5‐2 5.4 Conditions Precedent to Required Approvals Becoming “Operative” ....................... 5‐3 5.5 Development Agreement No. 16‐001 ......................................................................... 5‐5 5.6 Enforcement of the Specific Plan/LCPA ...................................................................... 5‐5 5.7 Methods and Procedures ............................................................................................ 5‐5 5.8 Maintenance Mechanisms .......................................................................................... 5‐6 6 APPENDICES 6.1 Architectural Character ............................................................................................... 6‐1 6.2 Residential Landscape Design Concept ....................................................................... 6‐3 6.3 Infrastructure ............................................................................................................ 6‐26 6.4 Adopted Mitigation Measures .................................................................................. 6‐34 -199- List of Exhibits April 2018 Table of Contents - Page 2 1 INTRODUCTION 1‐1 Vicinity Map ..................................................................................................................... 1‐2 1‐2 Aerial Photograph ............................................................................................................ 1‐3 1‐3 Existing and Proposed Land Use Plan Designations ........................................................ 1‐8 1‐4 Existing and Proposed Zoning Map Designations ............................................................ 1‐9 2 DEVELOPMENT PLAN 2‐1 Land Use Plan ................................................................................................................... 2‐2 2‐2 Illustrative Site Plan ......................................................................................................... 2‐3 3 DEVELOPMENT STANDARDS 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4‐1 Open Space and Resource Conservation Plan ................................................................. 4‐6 5 ADMINISTRATION AND IMPLEMENTATION 6 APPENDICES 6‐1 Architectural Style ............................................................................................................ 6‐2 6‐2 Residential Landscape Plan .............................................................................................. 6‐5 6‐3 Community Signage ......................................................................................................... 6‐6 6‐4 Community Recreation Area Plan .................................................................................... 6‐7 6‐5 Wall and Fence Plan ......................................................................................................... 6‐8 6‐6 Wall and Fence Elevations ............................................................................................... 6‐9 6‐7 Trails Plan and Section ................................................................................................... 6‐10 6‐8 Public Access Signage Plan ............................................................................................. 6‐11 6‐9 Circulation Plan .............................................................................................................. 6‐27 6‐10 Street Sections ............................................................................................................... 6‐28 6‐11 Grading Plan ................................................................................................................... 6‐29 6‐12 Cut and Fill Plan.............................................................................................................. 6‐30 6‐13 Storm Drain, Water, and Wastewater Plan ................................................................... 6‐33 List of Tables 2 DEVELOPMENT PLAN 2‐1 Land Use Summary Table ........................................................................................... 2‐1 4 OPEN SPACE/PASSIVE PARK PLAN 4‐1 Conceptual Open Space Native Plant Palette ............................................................ 4‐2 6 APPENDICES 6‐1 Residential Landscape Plant Palette ........................................................................ 6‐12 -200- 1 INTRODUCTION 1.1 Location and Existing Conditions The Windward Specific Plan area (Specific Plan Area) is located at the southeast corner of Bolsa Chica Street and Los Patos Avenue in the City of Huntington Beach (City) on what is commonly referred to as the Bolsa Chica Mesa (Exhibit 1-1, Vicinity Map). The Specific Plan Area encompasses approximately 5.3 acres of undeveloped land, of which, at the time of adoption of the Windward Specific Plan, approximately five acres (Windward Property) are privately owned by Signal Landmark (Signal) and 0.3-acres are owned by the City (City Property). The Specific Plan Area is square in shape, with the western half relatively flat (elevation 47 to 51 feet), while the center portion of the eastern half gently slopes down to the east to an elevation of approximately 36 feet. Historically, the Specific Plan Area was used almost exclusively for agricultural purposes, but from 2006 to 2011 the southwest corner of the Specific Plan Area was used as a storage and staging area for construction of the neighboring Brightwater Community. The Specific Plan Area is covered by non-native vegetation (Exhibit 1-2, Aerial Photograph). The Windward Property is currently fenced and has not been used since 2011 when the construction trailers and all but one of the storage containers were removed. The City Property is currently used as an informal trail by the public to access the Parkside property to the east of the Specific Plan Area. Directly west of the site across Bolsa Chica Street is the Sandover neighborhood which is comprised of single family detached homes on 6,000 square foot lots. On the north are apartment and condominium complexes. To the east lies an open space/conservation area that is part of the Parkside project. On the south is an undeveloped 6.2-acre property located in unincorporated Orange County and owned by the Goodell Family Trust (Goodell Property). 1.2 Project Area Background 1.2.1 Zoning History The Windward Property has been owned by Signal or its predecessor company, Signal Oil, since the 1920s and is the last remnant of Signal’s once vast landholdings at Bolsa Chica. Originally in an unincorporated area of Orange County, the Windward Property was annexed into the City in 1970 as part of a ten-acre parcel that now contains the Sandover neighborhood. At the time it was annexed, both the General Plan and Zoning Map land use designations were for low density residential uses. -201- -202- -203- After the Coastal Act was enacted in 1976, the City submitted a proposed Land Use Plan to the Coastal Commission for certification. At the time, a large scale development that included approximately 5,700 homes and a marina was being considered by the County for the unincorporated area at Bolsa Chica. In anticipation of the intense development, the City re-designated an area east of the terminus of Bolsa Chica Street that included the Windward Property to Open Space Recreation (subsequently changed to Open Space-Park) on the City’s Land Use Plan, which was certified by the Coastal Commission in 1982. In 1984, the City re-zoned the property to Residential Agricultural (RA) to reflect the agricultural uses that adjoined this site at the time and determined that the RA zoning was consistent with the Open Space-Park land use designation. The massive housing and marina development once proposed for Bolsa Chica never occurred. Instead, much of the Bolsa Chica property was set aside as open space, including a large restored wetland area in the lowland, and a mix of open space and residential uses on the Bolsa Chica Mesa. In 1999, the City approved the development of sixteen homes on the five-acre site at the southwest corner of Los Patos and Bolsa Chica Street, known as the “Sandover” project. At that time, Signal dedicated to the City the City Property, a 13,350 square foot strip of land at the southeast corner Bolsa Chica Street and Los Patos Avenue, for open space-park uses. The City Property is currently undeveloped and used informally by the public to access the Parkside property. In 2005, the County and the Coastal Commission approved a 349 single family home development on 68 acres of the Bolsa Chica Mesa known as Brightwater, adjacent to Sandover. 1.2.2 The Ridge Project In 2008, Signal proposed a General Plan Amendment (GPA), Zone Change (ZC) and Local Coastal Program Amendment (LCPA) to permit the construction of 22 single family homes on the Windward Property and a trail on the City Property. The project, then known as The Ridge, was approved by the City in 2010. In approving the entitlements for the project, the City indicated that the change in land use from Open Space/Park to Low Density Residential was appropriate because it had no plans to acquire the Windward Property for public recreation purposes. The Ridge project entitlements included a General Plan Amendment, Local Coastal Program Amendment, a zone change from RA to Low Density Residential, and a subdivision map. To comply with CEQA, the City adopted a Mitigated Negative Declaration (MND). Because the Windward Property lies within the Coastal Zone, the California Coastal Commission (CCC) must approve any amendments to the City’s Local Coastal Program (LCP). Therefore, the City submitted the LCP Amendment to the Coastal Commission for approval. -204- In August 2010, the Bolsa Chica Land Trust filed litigation challenging the City’s approval of the MND, claiming that the City should have prepared an Environmental Impact Report (EIR), rather than approving a MND. The CEQA litigation was stayed pending the outcome of the Coastal Commission’s decision on the project. In June 2014, the City withdrew the LCP Amendment from consideration by the CCC. In an effort to resolve the pending CEQA litigation, Signal, the City, and the Bolsa Chica Land Trust agreed to enter into facilitated settlement discussions. In April 2016, after nearly fifteen months of discussions, the three parties successfully negotiated a settlement agreement. In addition to resolving the litigation, the Settlement would bring closure to the decades-long controversy regarding development of Bolsa Chica by providing a viable path to resolving the land use of the last undeveloped, privately-owned land at Bolsa Chica. In addition to the Windward Property, the Settlement also addresses the potential deed restriction of the Goodell Property to open space and resource conservation uses. At the time of approval of the Windward Specific Plan, Signal holds an option to acquire the Goodell Property (Goodell Option). The Goodell Property is currently an unincorporated island and is zoned for medium low density residential (6.5 – 12.5 du/ac) by the County. In 2009, in anticipation of annexing the Goodell Property, the City pre-zoned 3.2 acres of the Goodell Property adjacent to Bolsa Chica Street for low density residential, 2.0 acres as Open-Space Park, and one acre as Coastal Conservation. These designations were not certified by the California Coastal Commission. The Goodell Property is not part of the Windward Specific Plan Area because it is in the County and not subject to the City’s jurisdiction. The Windward Specific Plan is not intended to and does not regulate the use of the Goodell Property. Nonetheless, as an integral part of the Settlement, the Goodell Property is shown, for reference purposes only, within the Windward Specific Plan to illustrate how the approximately 2.5-acre easterly portion of the Windward Property (Windward Open Space Parcel) and the Goodell Property could function together as part of an 8.7-acre open space and resource conservation area under one of the two alternatives, but parallel, approaches to the future use of the Windward Property contemplated by the Settlement. Any conveyance of and use restrictions imposed on the Goodell Property as described in the Windward Specific Plan are voluntary on the part of the owner of the Windward Property (Windward Owner) and not the result of regulations imposed on the Goodell Property by either the City or, if the Windward Specific Plan is incorporated into the City’s certified Local Coastal Program, the Coastal Commission. -205- 1.2.3 The Settlement’s Two Alternative Approach Acquisition Alternative – The Settlement provides an opportunity to preserve both the Windward Property and the Goodell Property for open space and conservation uses (Acquisition Alternative). Pursuant to the Settlement, Signal independently entered into an option agreement with the Trust for Public Land (TPL) for the purchase by TPL of the Windward and Goodell Properties (TPL Option). Founded in 1972, TPL is a nationwide non-profit organization that acquires land from private owners and conveys it into public or non- governmental organization ownership for conservation or public park purposes. Since its inception, TPL has protected 3.3 million acres of land in over 5,400 separate acquisitions. The TPL Option grants TPL an eighteen-month period in which to raise funds to purchase both the Windward and Goodell Properties. The TPL Option will expire in October 2017. The purchase price has been determined by an independent third party appraisal. Signal is cooperating with TPL in pursuit of the Acquisition Alternative. Development Alternative – Because it is unknown whether or not the Acquisition Alternative will be successful, the Settlement allows Signal to pursue – concurrently with TPL’s pursuit of acquisition funds – entitlements for residential development on the approximately 2.5-acre westerly portion of the Windward Property adjacent to Bolsa Chica Street (Windward Residential Parcel), with the Windward Open Space Parcel and the Goodell Property being restricted and conveyed for open space and resource conservation uses only (Development Alternative). Consistent with the Settlement, the Windward Specific Plan will designate the Windward Residential Parcel for medium density residential use, with the implementation of that use subject to the implementation measures set forth in Chapter 5 of the Windward Specific Plan (Implementation Measures). The Windward Open Space Parcel (i.e., the remaining easterly 2.5 acres of the Windward Property) will retain the current Open Space/Park land use designation. Taken together, the Implementation Measures shall ensure that before grading permits may be issued for the Windward Residential Parcel, the following actions must occur: • Deed restrictions limiting the Windward Open Space Parcel and the Goodell Property to open space and resource conservation uses must be executed and recorded. • An offer to dedicate the Windward Open Space Parcel to a public agency or a conveyance of the Windward Open Space Parcel to a qualified nonprofit such as the Bolsa Chica Land Trust (BCLT) or another accredited land trust must be -206- executed and recorded. The offer or conveyance must restrict the Windward Open Space Parcel to open space and resource conservation uses. • An offer to dedicate the Goodell Property to a public agency or a conveyance of the Goodell Property to a qualified nonprofit such as the BCLT or another accredited land trust must be executed and recorded. The offer or conveyance must restrict the Goodell Property to open space and resource conservation uses. Since the Goodell Property is not in the City and is not subject to regulation by the City, the Goodell Property itself is not subject to the Windward Specific Plan and its Implementation Measures. Therefore, any conveyance and/or restriction of the Goodell Property must be voluntarily accomplished by the developer of the Windward Residential Parcel. Chapter 5 further addresses these actions. 1.3 Summary of Land Use Plan and Zoning Designations The current land use designation for the Windward Property in the City’s Local Coastal Program, as well as the General Plan, is Open Space - Park (OS-P). The current zoning designation for the Windward Property, as well as the City Property, is Residential Agriculture (RA) with a Coastal Zone overlay (Exhibit 1-3, Existing and Proposed Land Use Plan Designations and Exhibit 1-4, Existing and Proposed Zoning Map Designations). The RA zoning allows agricultural uses, single family dwellings, nurseries and temporary uses such as storage yards. As shown on Exhibit 1-3, the Windward Specific Plan would change the land use designation for the Windward Residential Parcel in the LCP and General Plan to Residential Medium Density. The Windward Open Space Parcel and the City Parcel would retain the current OS-P land use designation. As shown on Exhibit 1-4, the zoning for the entire Specific Plan Area will be SP (Specific Plan) with the Windward Residential Parcel designated as RM (Residential – Medium) in the Windward Specific Plan and the Windward Open Space Parcel and the City Parcel designated as Coastal Conservation (CC) (see Exhibit 2-1, Land Use Plan). -207- -208- -209- 1.4 Authority and Scope for Windward Specific Plan The authority to prepare, adopt, and implement specific plans is granted to the City by the California Government Code (Title 7, Division 1 Chapter 3, Article 8, Sections 65450 through 65457). Specific plans are generally designed to: 1. Provide greater level of detail than a traditional zoning ordinance and to serve as a tool to tailor development policies and regulations to a particular site; 2. Provide more specific site development standards to create appropriate land use designations and design criteria that addresses project-specific issues; and 3. Provide decision makers with the opportunity to comprehensively review a land use plan in its entirety at the outset in order to consider land use compatibility, circulation, infrastructure and other issues related to development of a site. The Windward Specific Plan will be used by the City to implement the City’s Local Coastal Program and General Plan for the Windward Property. The Windward Specific Plan contains all the applicable land use regulations and thus constitutes the zoning ordinance for the Windward Property. The development standards contained in the Windward Specific Plan will take precedence over all provisions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), unless otherwise noted. 1.5 Purpose and Intent The Windward Specific Plan provides the City with a comprehensive planning program to direct the development of the residential and open space areas contained within the Windward Property. The Windward Specific Plan provides a description of the land use, public facilities, circulation, infrastructure, development standards, and implementation measures to ensure the Windward Property is developed in a manner consistent with the City’s vision for the site. It also allows the City to consider a comprehensive planning approach for the open space and conservation uses available in the future in conjunction with the City Property and the neighboring Goodell Property. The regulations contained in the Windward Specific Plan will ensure that development of the Windward Property is designed in concert with the surrounding open space assets. Because the Windward Property lies within the Coastal Zone, special consideration is given to fulfilling the objectives of the California Coastal Act as expressed in policies promulgated in the City’s Local Coastal Program. In the case of the Windward Property, public access and resource protection – including both biological and cultural resources – are the two most relevant Coastal Act issues to be addressed. The Windward Specific Plan, along with a corresponding General Plan Amendment, will become effective upon certification by the Coastal Commission as an amendment to the City’s Local Coastal Program (LCPA). -210- 1.6 Objectives of the Windward Specific Plan • Provide a comprehensive land use plan that designates the location and intensity of land uses along with roadway circulation and public facilities. • Implement the Ridge Litigation Settlement. • Ensure compatibility with surrounding land uses. • Provide housing opportunities in a location where housing is in high demand. • Provide access to Coastal property that is currently inaccessible to the public by dedicating a portion of the site to a government agency or qualified non-profit organization, and creating trails that allow the public to enjoy the open space and resource conservation areas. • Design a residential community that promotes resource protection and maximizes open space by clustering development close to existing development. • Provide a mechanism whereby the Windward Specific Plan facilitates a comprehensive examination of the surrounding properties and consideration of future open space connections and passive public open space and resource conservation opportunities. • Establish development standards that prevent degradation of coastal resources and provide designs for open space that improve the current ecological value of the property. 1.7 General Plan Consistency The Windward Specific Plan will implement the following goals of the Huntington Beach General Plan: • LU4: Achieve and maintain high quality architecture, landscape and open spaces in the City; • LU8: Achieve a pattern of land uses that preserves, enhances and establishes a distinct identity for the City's neighborhoods, corridors and centers; • LU9: Achieve the development of a range of housing units that provides for the diverse economic, physical and social needs of existing and future residents of Huntington Beach; and • ERC1: Improve and enhance the overall aesthetic value and appearance of the City of Huntington Beach through the provision and maintenance of local public and private open space. • C1: Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs. -211- • C2: Provide coastal resource access opportunities for the public where feasible and in accordance with the California Coastal Act requirements. • C4: Preserve and, where feasible, enhance and restore the aesthetic resources of the City’s coastal zone, including natural areas, beaches, harbors, bluffs and significant public views. -212- 2 DEVELOPMENT PLAN 2.1 Land Use Plan The Windward Land Use Plan is illustrated on Exhibit 2-1, Land Use Plan, and contains approximately 5.3 acres . The Windward Property is composed of the Windward Residential Parcel and the Windward Open Space Parcel . The Windward Property overlooks some of the lowland areas of Bolsa Chica owned by the State of California to the south and the Parkside project open space area to the east. The site is across Bolsa Chica Street from the existing Sandover neighborhood at the intersection of Los Patos and Bolsa Chica Street and adjacent to apartments on the north. The Windward Residential Parcel allows for 36 residential dwelling units clustered adjacent to existing residential development (see Exhibit 2-2, Illustrative Site Plan). The non-residential land uses designated for the Windward Open Space Parcel are intended primarily for passive open space and resource conservation uses which are described in Chapter 4, Open Space and Resource Conservation. Table 2-1 Land Use Summary Table Land Use Acres1 Housing Units Density Residential - Medium 2.5 36 14.4 du/ac Coastal Conservation 2.8 Not Applicable Not Applicable 2.2 Residential Development As identified in Table 2-1, the Windward Specific Plan contains a Residential – Medium land use category providing for a maximum of 36 residential dwelling units. In addition to the housing units, a private recreation area is provided at the northwest corner of the Windward Residential Parcel and may contain a swimming pool, gas grill, an outdoor fireplace, or similar amenities. Adjacent to the community recreation area, at the southeast corner of Bolsa Chic a Street and Los Patos Avenue, is the existing landscaped entrance to the Brightwater and Sandover neighborhoods, which will retain its existing use. The residential landscape and architectural design concepts (including project entry, private recreation area, wall and fence design, open space trail, and plant palette) are provided in the Chapter 6, Appendi ces . Development Standards are set forth in Chapter 3. 1 Precise acreages are 2.50 acres of Residential – Medium and 2.76 acres of Coastal Conservation. Acres are rounded to 2.8 acres throughout the Windward Specific Plan. -213- -214- -215- 3. Development Standards April 2018 3-1 3 DEVELOPMENT STANDARDS 3.1 Purpose and Intent The purpose of this section is to provide specific development standards and regulations that will be applied to all new development permitted within the Windward Specific Plan Area. These regulations are intended to provide criteria to be used by builders, planners, engineers, architects, landscape architects and other professionals in order to maintain the design quality of the project area. 3.2 Applicability The Windward Specific Plan shall be the zoning document for the Windward Specific Plan Area, which consists of the Windward Residential Parcel, the Windward Open Space Parcel, and the City Property, all as identified on Exhibit 2‐2. The Development Standards for the Windward Residential Parcel are set forth in Section 3.3 below. General Regulations for the Windward Residential Parcel are set forth in Section 3.4. The Development Standards for the Windward Open Space Parcel are set forth in Section 3.5. A general description of the open space improvements for the City Property is found in Section 3.6. Where there is a conflict between the provisions of the Windward Specific Plan and the HBZSO, the Windward Specific Plan shall apply. Where the Windward Specific Plan is silent, the provisions of the HBZSO shall apply. 3.3 Windward Residential Parcel Development Standards 3.3.1 Purpose Thirty‐six residential dwelling units are permitted on the approximately 2.5‐acre Windward Residential Parcel, for an overall density yield of approximately 14.4 dwelling units per acre. 3.3.2 Permitted Uses 1. Primary Uses. The following primary uses are permitted subject to a Conditional Use Permit and Coastal Development Permit from the Planning Commission in accordance with the provisions of the HBZSO, as either may be amended from time to time. a. Residential duplexes; b. Single family detached homes; and c. Multi‐family residential units. 2. Ancillary Uses. The following uses are permitted ancillary to the primary uses listed above. A coastal development permit may be required in accordance with the provisions of Chapter 245 of the HBZSO: -216- 3. Development Standards April 2018 3-2 a. Community recreational amenities, including swimming pools, tot lots, fireplaces, barbecue area, and picnic facilities; and b. Accessory uses and buildings, subject to the provisions of Section 230.08 of the HBZSO. These uses include, but are not limited to, fencing, swimming pools, spas, therapy baths, water fountains, rock formations, freestanding barbecues and fireplaces, covered patios and decks, and detached accessory structures (such as non‐commercial greenhouses, gazebos and storage sheds). 3. Temporary Uses. The following temporary uses are permitted subject to the provisions of the HBZSO: a. Home finder/sales center, including mobile homes or trailers, subject to Chapter 230 of the HBZSO; b. Model home complexes, subject to Chapter 230 of the HBZSO; c. Real estate signs relating to the sale, lease, or other disposition of real property on which the sign is located, subject to Chapter 233 of the HBZSO; and d. Other uses in conformance with Section 241.20 of the HBZSO. 3.3.3 Building Site Standards 1. Minimum Building Site Area – 2.5 acres. 2. Maximum Height of Individual Buildings a. Three (3) stories and 35 feet high. Roof decks shall not be considered a story. b. Building height is measured from finish floor to top of building. The finished floor elevation shall be a maximum of two (2) feet above the highest point of the curb adjacent to Bolsa Chica Street. c. Roof deck trellises are permitted up to a maximum of ten (10) feet above the roof deck floor and shall meet the following criteria: 1) Setback a minimum of five (5) feet from the edge of the roof or adjacent unit; 2) No more than 150 square feet in area; 3) Open on three (3) sides; and 4) Lattice design only. b. Roof equipment, including but not limited to elevators, may exceed the maximum height by an additional ten (10) feet. -217- 3. Development Standards April 2018 3-3 3. Minimum Setbacks of Individual Buildings a. Front Setback (Bolsa Chica Street Right of Way) – 15 feet. b. Side Setback (Open Space Lot) – 9 feet. c. Rear Setback (Open Space Lot) – 13 feet. d. No setback from the first floor (upper story setback) is required for the second or third floor. 4. Minimum Distance Between Buildings – 10 feet 5. Maximum Cumulative Lot Coverage of all Individual Buildings – 50 percent 3.3.4 Open Space Requirements 1. Private Open Space a. Each dwelling unit shall have a minimum of 300 square feet of private open space. b. A maximum of 50 percent of the required private open space may be satisfied with usable roof deck area. Private balconies and ground floor open space (rear yards and private patios) shall make up the additional required private open space. c. Balconies shall have a horizontal rectangle which has a minimum dimension of six (6) feet. d. Ground floor open space, including rear yards, shall have a horizontal rectangle which has a minimum dimension of eight (8) feet. e. Roof decks shall have a horizontal rectangle which has a minimum dimension of ten (10) feet. 2. Common Open Space a. A common recreation area shall be provided for all residents which may include a pool, barbecue area, picnic area, seating area, or similar amenities. b. The common recreation area shall be a minimum of 3,800 square feet. 3.3.5 Parking Requirements 1. Enclosed Parking. Each residential unit shall have a minimum of two (2) enclosed spaces. 2. Guest Spaces. One (1) unenclosed guest space shall be provided within the development for each residential unit. Guest spaces shall not be assigned to individual residential units. -218- 3. Development Standards April 2018 3-4 3.3.6 Affordable Housing Section 230.26 of the HBZSO requires that at least ten percent (10%) of all new residential construction shall be affordable units. The Windward Specific Plan provides 36 residential units. Therefore, the affordable housing requirement is 3.6 affordable units. To satisfy this requirement, the City and the Windward Owner will enter into an agreement that provides for the payment of in lieu fees for the 3.6 affordable units consistent with the City’s affordable housing in‐lieu fee program. 3.3.7 Prohibited Uses The following uses are prohibited: industrial uses; commercial uses, except home offices; billboards; signs which do not display information related to an activity, service, or commodity available on the premise; and uses not expressly permitted in this section. 3.3.8 Landscaping, Walls, and Fencing Landscaping, walls, and fencing within the Windward Residential Parcel shall be subject to the provisions established within Chapter 6, Appendices, of the Windward Specific Plan. The plant palette for the Residential Parcel is derived from the Coastal Commission–approved plant palette for the neighboring Brightwater community. Table 6‐1 in Chapter 6 identifies both the plant species approved for use within the Windward Residential Parcel and those that are prohibited. Thirty‐six‐inch box trees required by Section 232.08.B of the HBZSO may be located in common or private open space areas. All perimeter fencing shall be consistent with the fencing described in Exhibit 6‐ 5, Wall and Fence Plan, and Exhibit 6‐6, Wall and Fence Elevations. 3.3.9 Signs and Outdoor Lighting All signs and outdoor lighting shall be in accordance with Chapters 232 and 233 of the HBZSO. Outdoor lighting shall adhere to “dark sky” regulations and be designed to provide adequate illumination of on‐site areas without intruding upon surrounding properties or environmentally sensitive areas. 3.3.10 Utilities All development projects shall be required to install adequate utility services necessary to serve the development. All utilities shall be placed underground in identified easements, excluding streetlights and electrical transmission 66kV or greater. Utility systems shall be designed to conserve the use of electrical energy and natural resources. Developers shall coordinate with electricity, telephone -219- 3. Development Standards April 2018 3-5 and cable television companies regarding energy conservation and proper planning, phasing and sizing of lines. 3.3.11 Home Occupations Home occupations shall be in accordance with Section 230.12 of the HBZSO. 3.3.12 Lots and Buildings Lots and buildings shall be as depicted on the Final Tract Maps and the final Project‐Level Site Development Plan. In the case of discrepancies between this Chapter, the HBZSO, and/or the Tract Maps or Site Development Plan, the Tract Maps and Site Development Plan shall take precedence. 3.4 General Regulations: Windward Residential Parcel Except where otherwise provided in the Windward Specific Plan, the following general regulations shall apply to the Windward Residential Parcel: 3.4.1 Streets Streets within the Windward Residential Parcel as shown on Exhibit 6‐9 shall be maintained by the Windward Homeowners Association. Entry controls such as gates, guardhouses, and guards are prohibited. 3.4.2 Walls and Fences 1. Walls and fences shall be constructed as shown on Exhibit 6‐6. The use of glass in the perimeter walls adjacent to the open space area shall be prohibited. 2. No walls, fences, or other devices designed to preclude public access to the open space area are allowed except those approved as part of the Windward Specific Plan. 3.4.3 Covenants, Conditions and Restrictions (CC&Rs) 1. Prior to the issuance of the first building permit for the Windward Residential Parcel, Covenants, Conditions and Restrictions (CC&Rs) shall be recorded against the Windward Residential Parcel stating, among other things, that the City has authorized development on the Windward Residential Parcel, subject to terms and conditions that restrict the use and enjoyment of the Windward Residential Parcel. 2. The CC&Rs shall reflect, either in their main text or in an exhibit, all conditions of the Conditional Use Permit and Coastal Development Permit applicable to the development of the Windward Residential Parcel. -220- 3. Development Standards April 2018 3-6 3. At least 90 days before City Council action on the final map subdividing the Windward Property into the Windward Residential and Open Space Parcels, the CC&Rs shall be submitted to the Departments of Community Development, Public Works, and Fire and the City Attorney’s office for review and approval. 4. The CC&Rs shall be binding upon and run with the Windward Residential Parcel and be included or incorporated by reference in every deed conveying either the Windward Residential Parcel or a condominium interest within the Windward Residential Parcel. 5. The CC&Rs shall provide for maintenance, repair, and replacement by the Windward Homeowners Association of all HOA‐owned improvements within the common areas of the Windward Residential Parcel, including landscaping, irrigation, private streets, parking, recreation, open space, community walls and fences, community facilities, drainage facilities, water quality BMP’s, and private service utilities. The CC&Rs shall also include the plant palette provided in Table 6‐1 of the Windward Specific Plan which identifies the approved and prohibited plant species for the Windward Residential Parcel. 6. The CC&Rs shall provide for maintenance, repair, and replacement by the HOA of signage, landscaping, irrigation, trail, trail fencing, and bench in the Windward Open Space Parcel until the Windward Open Space Parcel is transferred to a governmental agency or to a qualified non‐profit organization. 7. The CC&Rs shall provide that the HOA is responsible for maintaining the trail, signage, trail fencing, and landscaping on the City Property and shall execute a Landscape Maintenance Agreement with the City for the continuing maintenance including, but not limited to the landscaping, decomposed granite trail, signage, trail fencing, irrigation, and water quality and drainage features associated with the City Property. The Landscape Maintenance Agreement shall describe all aspects of maintenance, such as removal of trash, debris, and silt buildup, removal/replacement of dead, damaged vegetation resulting from public use of the trail system, or any other aspect of maintenance, repair, replacement, liability, and fees imposed by the City. 8. The CC&Rs shall provide that neither the residents of the Windward Residential Parcel nor the HOA shall interfere with public access to the trail within the Windward Open Space Parcel or close it off for the exclusive use of the residents of the Windward Residential Parcel. -221- 3. Development Standards April 2018 3-7 3.4.4 Resource Protection 1. A Domestic Animal Control Plan shall be prepared that details methods to be used to prevent pets from entering any adjacent resource protection areas, including but not limited to, appropriate fencing and barrier plantings. The plan shall be approved by the Community Development Department and subsequently distributed to each homeowner. 2. A Pesticide Management Plan shall be prepared that, at a minimum, prohibits the use of rodenticides and prohibits the use of toxic pesticides and herbicides in outdoor areas, other than Vector Control conducted by the City, County, or Special District. 3. To ensure the continuance of habitat value and function of the adjacent designated Environmentally Sensitive Habitat Areas, the developer shall provide any buyer of a housing unit within the project an information packet that explains the sensitivity of the natural habitats adjacent to the Windward Residential Parcel, the need to minimize impacts on the designated resource protection areas, and the prohibition on the planting of exotic invasive plant species on lots that are directly adjacent to a resource protection area. The information packet shall include a copy of the Domestic Animal Control Plan and Pesticide Management Plan and be required for all sales of housing units. The developer shall provide the City with a copy of the information packet. 3.5 Windward Open Space Parcel Development Standards Prior to the issuance of the first occupancy permit for a residential unit other than a model home within the Windward Residential Parcel, the developer of the Windward Residential Parcel shall complete the public improvements for the Windward Open Space Parcel. 3.5.1 Windward Open Space Parcel Improvements The public improvements for the Windward Open Space Parcel are described in Chapter 4 and include a decomposed granite trail, bench, trail fencing, directional and interpretive signage, and the approved landscape palette. 3.5.2 Windward Open Space Parcel Landscaping The native landscape plan for the Windward Open Space Parcel is discussed in Chapter 4 and shown on Exhibit 4‐1, Open Space and Resource Conservation Concept Plan. The Windward Residential Parcel CDP shall require the Windward Owner to: Prepare a Habitat Management Plan (HMP) for the Windward Open Space Parcel consistent with the native landscape plan set forth in Chapter 4. -222- 3. Development Standards April 2018 3-8 Be responsible for initially installing the landscaping on the Windward Open Space Parcel. Maintain the native landscaping pursuant to the HMP until 90% of the residential units within the Windward Residential Parcel have been sold. The CC&Rs for the Windward Residential Parcel shall provide that: The HOA shall assume responsibility for that maintenance when 90% of the residential units within the Windward Residential Parcel have been sold. The HOA shall retain that maintenance responsibility until the City confirms that all success criteria required by the CDP for the Windward Open Space Parcel native landscaping have been met. Once the City confirms that all success criteria required by the CDP for the Windward Open Space Parcel native landscaping have been met, the then current owner of the Windward Open Space Parcel shall assume ongoing responsibility for maintenance of the Windward Open Space Parcel. 3.5.3 Windward Open Space Parcel Signage 1. Trail Entrances. Signs shall be posted at the north and south entrances to the trail at Bolsa Chica Street directing the public to the trail heads as shown on Exhibit 6‐8. 2. Interpretive Sign. An interpretive sign shall be located along the trail within the Windward Open Space Parcel as shown on Exhibit 6‐8. The sign shall include educational information about archaeological site CA ORA 86 and historical aspects of the Windward Open Space Parcel. 3. Coastal Access Trail. Plans for the coastal access trail shall be submitted to the City concurrent with the plan check submittal for the Windward Residential Parcel. The plans for the trail shall include signage indicating public access and provide informational details about the entire coastal access path including length of the entire path to the Bolsa Chica Wetlands. 3.6 City Property Open Space Improvements The public improvements for the City Property are described in Chapter 4 and shown on Exhibit 4‐1. The City Property will serve as a trailhead to funnel pedestrians to and across the Windward Open Space Parcel. Prior to the issuance of the first occupancy permit for a residential unit other than a model home within the Windward Residential Parcel, the developer of the Windward Residential Parcel shall complete the public improvements for the City Property described in Chapter 4, including the trail, signage, trail fencing, and landscape improvements. -223- 3. Development Standards April 2018 3-9 3.7 Compliance with Mitigation Measures Development of the Windward Residential Parcel shall comply with the following Mitigation Measures from Negative Declaration No. 16‐003: 1. Prior to any development, the Applicant shall retain a City‐approved Archaeologist who meets the Secretary of Interior Standards for both Archaeology and History. An Archaeological Mitigation and Monitoring Plan (AMMP) shall be developed prior to initiating construction to outline “controlled archaeological grading methods,” which has been shown to be an effective investigative method for locating previously unknown resources on Bolsa Chica Mesa. The plan shall include protocol for the mitigation of cultural resources through a research design and recovery/preservation plan, including significance testing of inadvertent archaeological finds; lab analysis, curatorial requirements, and reporting requirements; and identification of an acceptable repository for all recovered material with curatorial fees being paid by the Applicant. 2. In accordance with CR‐1 and the AMMP, controlled archaeological grading shall occur across the entire Windward project site prior to the issuance of a grading permit for residential development of the project site. Archaeological grading shall consist of using mechanized equipment where the plowzone is removed in approximate 2 centimeter depth increments by a mechanical scraper, as part of the controlled grading effort and under the supervision of the archaeological site supervisor. The grading process shall be limited to slow excavation in small horizontal areas providing ultimate control. The archaeologist(s) and Native American Monitor(s) shall examine the soils as they are exposed. Previous investigations have shown that once below the plowzone, soils consist of: 1) basal midden remnants (beige‐yellow in color) or 2) Pleistocene terrace deposits (red in color). Culturally‐sterile Pleistocene terrace deposits are shallow at this location, reached at a maximum depth of 150cm below the surface. The entire process shall be monitored by both Gabrielino and Juaneno Native American monitors. Monitoring will occur with at least one archaeologist and one Native American monitor per equipment array that is operating. 3. All construction personnel shall be instructed to stop work on the project site in the event of a potential find, until the archaeologist and Native Monitors have been able to assess the significance of the find and implement appropriate measures as outlined in the AMMP to protect or scientifically remove the find. Construction personnel shall also be instructed that unauthorized collection of cultural resources is prohibited by law. If archaeological resources are discovered during ground‐ disturbing activities, the archaeologist has the authority to cease all earthwork in the immediate area of the finds (within 50 feet) until the find can be evaluated for significance. -224- 3. Development Standards April 2018 3-10 In the absence of a determination, all archaeological resources shall be considered significant. If the resource is determined to be significant, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. 4. In the event cultural resources are exposed in any overlying basal midden remnants during the controlled archaeological grading, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. Specific protocol for uncovering the resource and analyzing its significance will be detailed within this plan. The protocol shall establish procedures for various types of archaeological resources that may be discovered. Because of their cultural significance, however, if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or religious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. 5. If human remains are discovered during construction or any earth‐moving activities, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric, the Coroner must notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site and may recommend or deny scientific removal and nondestructive analysis of human remains. If the human remains are determined to be in situ, i.e., they have not been moved or relocated to the site of discovery, the preservation methods in CR‐4 shall apply. 6. Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the City that a City‐approved paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre‐grade conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall -225- 3. Development Standards April 2018 3-11 determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. 7. Prior to construction‐related ground disturbing activity, a qualified biologist shall survey the project site for presence of Southern tarplant during the appropriate blooming period, May – November. If feasible, the survey shall be conducted during the peak blooming period for the year. Any substantial occurrence (at least 500 mature individuals) shall be preserved on‐site or relocated to open space areas in the Bolsa Chica area. If relocation is required, a Southern tarplant relocation program shall be prepared by a qualified biologist and implemented prior to the onset of construction. 8. Prior to construction‐related ground disturbing activity, focused burrowing owl surveys shall be conducted in accordance with the CBOC and California Department of Fish and Wildlife (CDFW) established protocols on the project site. If no occupied burrows are found, the methods and findings of the surveys shall be reported to the City and CDFW for review and approval and no further mitigation would be required. If unoccupied burrows are found during the nonbreeding season, the burrows shall be collapsed or otherwise obstructed to prevent owls from entering and nesting in the burrows. If occupied burrows are found, a buffer of 165 feet (during the nonbreeding season of September 1 through January 31) or 250 feet (during the breeding season of February 1 through August 31) shall be provided. The buffer area may be adjusted based on recommendations by a qualified biologist in consultation with the CDFW. No activity shall occur within the buffer area until a qualified biologist confirms that the burrow is no longer occupied. If the burrow is occupied by a nesting pair, a minimum of 6.5 acres of foraging habitat contiguous to the burrow shall be maintained until the breeding season is over. The 6.5 acres would consist of the five acres of the project site as well as the adjacent 6.2 acre Goodell Property. The western portion of the Shea property is designated as permanent open space providing an additional 19 acres of foraging habitat. If avoidance of an occupied burrow is not feasible, on‐site passive relocation techniques approved by the CDFW shall be used to encourage the owls to move to an alternative borrow outside of the impact area. However, no occupied burrows shall be disturbed during the nesting season unless a qualified biologist verifies through noninvasive methods that juveniles from the occupied burrows are foraging independently and are capable of independent survival. -226- 4. Open Space and Resource Conservation April 2018 4-1 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4.1 Windward Open Space and Resource Conservation Uses The Windward Owner has requested adoption of the Windward Specific Plan to implement the open space and resource conservation vision of the Settlement. The Windward Specific Plan designates the land use of the Windward Open Space Parcel and the City Property as Open Space – Park with a Coastal Conservation designation. The allowable uses under the City’s existing Open Space – Park land use designation and Coastal Conservation zoning are limited to pedestrian trails and observation platforms for passive nature study. Consistent with those regulations, the uses for the Windward Open Space Parcel are limited to a pedestrian trail which includes interpretive signage and a scenic overlook. The Open Space – Park land use designation and Coastal Conservation designation provide a land use that is compatible with the use of the adjacent Parkside property. Although high density residential uses border the northern edge of the Windward Property and lower density residential is located immediately west of the site, the eastern and southern edges abut open space areas that serve important ecological functions and are an integral part of the Bolsa Chica environment. In 2012, the Coastal Commission approved the Parkside residential development project, which borders the Windward and Goodell Properties. Due to concerns about the continuing viability of a grove of eucalyptus trees to function as Environmentally Sensitive Habitat (ESHA) and the presence of a wetland, the Commission designated approximately 18 acres of the western portion of the Parkside property as open space to accommodate various ecological buffers and water quality treatment areas. As part of the project approval, the developer was required to prepare a Habitat Management Plan (HMP) for the areas of the property designated as open space/conservation. The HMP calls for the area that abuts the Windward Open Space Parcel to be revegetated with native grasses and some scrub species. The area adjacent to the Goodell Property is planned for scrub/grassland and Coastal Sage Scrub revegetation. The HMP has been approved by the Coastal Commission but has not yet been implemented. The open space plan for the Windward Open Space Parcel also takes into consideration habitat restoration plans approved by the Coastal Commission on the adjoining Parkside property to ensure that the landscape plans and plant palettes are compatible and complement one another. Accordingly, the permitted uses and landscape plan for the Windward Open Space Parcel are designed to be entirely compatible with the approved HMP for the Parkside project. In fact, as shown on Exhibit 4‐1, Open Space and Resource Conservation Concept Plan, the native landscape plan for the Windward Open Space Parcel essentially expands the three‐acre grassland/scrub area on the western edge of Parkside onto the Windward Open Space Parcel creating an approximately 5.5‐acre contiguous grassland/scrub area. -227- 4. Open Space and Resource Conservation April 2018 4-2 The conceptual plant palette for the Windward Open Space Parcel is comprised primarily of native grassland with some scrub species. These species are listed on Table 4‐1, Conceptual Open Space Native Plant Palette. TABLE 4‐1 Conceptual Open Space Native Plant Palette Container Plants Scientific Name Common Name Plants/ac Cylindropuntia prolifera Coastal Cholla 150 Opuntia littoralis Coastal Prickly Pear 200 Plants from Seed Scientific Name Common Name Pounds/ac Ambrosia acanthicarpa Sand‐Bur 5.00 Baccharis pilularis Coyote Bush 0.50 Bromus carinatus California brome 7.00 Camissoniopsis cheiranthifolia Beach Evening Primrose 0.25 Dichelostemma capitatum Blue Dicks 2.00 Distichlis spicata Salt Grass 1.00 Encelia californica California Encelia 0.75 Eriophyllum confertiflorum Long‐Stemmed Golden Yarrow 0.25 Eschscholzia californica California Poppy 0.50 Festuca microstachys Pacific Fescue 5.00 Heliotropium curassavicum Alkali Heliotrope 0.75 Isocoma menziesii Coastal Goldenbush 2.50 Lasthenia californica Coastal Goldfields 0.25 Lupinus bicolor Miniature Lupine 2.00 Phacelia parryi Parry’s Phacelia 0.25 Plantago erecta California Plantain 3.00 Pseudognaphalium californica California Everlasting 0.25 Sisyrinchium bellum California Blue‐Eyed Grass 1.50 Stipa lepida Foothill Needlegrass 6.00 Stipa pulchra Purple Needlegrass 8.00 Verbena lasiostachys Western Verbena 0.50 To facilitate public access to the Windward Open Space Parcel, a decomposed granite pedestrian trail is planned for the Windward Open Space Parcel that would connect to the City Property along the northernmost edge of the Windward Property, turning southerly to ultimately connect to trails that may, in the future, be located on the Goodell Property. The plan is to initially create a trail loop that starts at the southeast corner of Bolsa Chica Street and Los Patos Avenue extending easterly through the City Property and then southerly across the Windward Open Space Parcel and then turning westerly to intersect back at Bolsa Chica Street. The trail will be located at the highest -228- 4. Open Space and Resource Conservation April 2018 4-3 elevation of the Windward Open Space Parcel providing an opportunity for a scenic overlook node offering trail users unobstructed views of Saddleback Mountain in south Orange County. As shown on Exhibit 4‐1, Open Space and Resource Conservation Concept Plan, the trail would feature interpretive signage that would provide users with information regarding the property’s rich history. Ultimately, if the Goodell Property is acquired by a public agency or a qualified non‐profit such as the Bolsa Chica Land Trust or an accredited land trust, the Windward trail could be extended onto the Goodell Property to create a network of trails that provide users with a variety of experiences. Maintenance of the trail on the City Property would be the responsibility of the homeowner’s association formed for the Windward Residential Parcel. 4.2 Open Space and Resource Conservation Concept Plan for the Windward Open Space Parcel and the City Property As described in Chapter 1, Introduction, the goal of the Settlement is to preserve as much as possible of the two remaining privately held undeveloped parcels on the Bolsa Chica Mesa. One alternative is for the Trust for Public Land (TPL) to purchase the entire eleven acres of privately owned property and preserve it as open space. How the properties would ultimately be used under that alternative depends largely on what entity ends up holding title to the land. Under a scenario where both the Windward and Goodell Properties are purchased by TPL, the Windward Specific Plan would not take effect. The Windward Property would retain its current land use designation. The Windward Specific Plan is being created to facilitate the second alternative of the Settlement (Alternative 2), which allows medium density residential on the Windward Residential Parcel, with the Windward Open Space Parcel being restricted to “Open Space and Conservation Uses.” For the purposes of the Windward Specific Plan, “Open Space and Conservation Uses” shall mean the following: 1. Pedestrian trails, observation areas and platforms, interpretive signs and displays, native landscaping, trail fencing, and habitat restoration; 2. Any additional uses set forth in the Mitigation Plan prepared pursuant to Consent Cease and Desist Order No. CCC‐12‐CD‐01 and Consent Restoration Order No. CCC‐ 12‐RO‐01, both approved by the Coastal Commission on September 11, 2013; and 3. Any other open space, resource protection, and conservation uses that are later approved through an amendment of the LCP approved by the City and certified by the Coastal Commission. To implement Alternative 2, however, the Windward Owner will need to voluntarily purchase the Goodell Property and dedicate both the Windward Open Space Parcel and the Goodell Property to a governmental agency or a qualified non‐profit such as the Bolsa Chica Land Trust or an accredited land trust subject to restriction to the Open -229- 4. Open Space and Resource Conservation April 2018 4-4 Space and Conservation Uses. Under Alternative 2, approximately 8.7 of the eleven acres comprising the Windward and Goodell Properties would be preserved for Open Space and Conservation Uses. In the case of the Windward Open Space Parcel, preservation would be through both (i) the provisions of the Windward Specific Plan and the LCPA and (ii) a recorded deed restriction. In the case of the Goodell Property, preservation would be through a voluntary deed restriction unrelated to regulatory requirements. As contemplated by the Settlement, the opportunity to craft a comprehensive plan for a relatively large parcel of land that abuts an even larger open space complex containing valuable ecological and cultural resources is truly unique. Also included in the Open Space and Resource Conservation Concept Plan is the City Property, a sliver of land owned by the City that is approximately 30 feet wide and 445 feet long (13,350 square feet) that is designated as open space‐park on the City’s general plan. The City Property forms the northern boundary of the Windward Property and currently accommodates a native trail that is used informally by pedestrians to access the Parkside property from the intersection of Bolsa Chica Street and Los Patos Avenue. Signal dedicated this parcel of land to the City for park purposes in 1999. The goals for developing a comprehensive open space plan are: Provide the public with an open space plan that demonstrates the City’s intentions for the Windward Open Space Parcel in the event a governmental agency or qualified non‐profit such as Bolsa Chica Land Trust obtains the Goodell Property and the Goodell Property is annexed to the City. Ensure that land uses are compatible with adjacent properties such as Parkside Estates, Brightwater, and the State Ecological Reserve. Provide opportunities for public access while protecting sensitive biological and cultural resources. Ensure that the habitat values of the Bolsa Chica Ecological Reserve are not compromised. Integrate into the plan a cultural mitigation program required by the California Coastal Commission under a Consent and Restoration order with the Windward Owner. Identify appropriate areas for placement of scenic overlooks and interpretive signage. As shown on Exhibit 4‐1, Open Space and Resource Conservation Concept Plan (Concept Plan), the Concept Plan is designed to provide public access from the southeast corner of the intersection of Bolsa Chica Street and Los Patos Avenue, utilizing the City Property as a trailhead to funnel pedestrians across the Windward Open Space Parcel southerly to the Goodell Property. Once on the Goodell Property, trail users can visit scenic overlooks and interpretive signs or continue on to the Brightwater trail. Careful -230- 4. Open Space and Resource Conservation April 2018 4-5 consideration has been given to designing a trail system that does not require mechanical grading to construct and provides appropriate fencing to keep users on the trails and out of sensitive biological or cultural areas. The City Property will contain a decomposed granite trail with native landscape on both sides and will connect with the trail located on the Windward Open Space Parcel. Although the City Property is only a third of an acre, it is located adjacent to the existing Los Patos Avenue public right‐of‐way and provides critical linkage to the Windward Open Space Parcel. Recognizing that biological and cultural resources exist in some portions of the Windward Open Space Parcel, the Open Space and Resource Conservation Concept Plan is designed to avoid re‐contouring the landform and any mechanized grading. It takes into consideration established native trails. The native grassland/scrub plant palette recommended for the Windward Open Space Parcel is planned to extend onto the Goodell Property to be consistent with the Parkside Estates open space parcel. Although under the Concept Plan coastal sage scrub could be planted on the upper portion of the Goodell Property, grassland/scrub species with shallower root systems would be preferable given the presence of cultural resources on the southern portion of the Goodell Property. The trail system on the Goodell Property primarily utilizes existing trails. However, since the area contains sensitive biological resources, the Concept Plan contemplates fencing would be incorporated to keep pedestrians on designated trails to minimize disturbances to existing habitat and any native landscaping installed in the future. With respect to cultural resources, in 2013, the Coastal Commission issued a Consent Restoration Order requiring the landowner to design and construct a cultural mitigation program in this area of the Bolsa Chica Mesa. The cultural mitigation program could easily be incorporated into the trail and interpretive sign program. As stated previously, the Windward Specific Plan does not regulate the Goodell Property. The purpose of the Concept Plan is to provide a vision of what could occur on the Goodell Property under the Open Space and Conservation Uses to which the Goodell Property would be limited by voluntary deed restrictions under Alternative 2. Permits necessary to implement the Open Space and Conservation Uses on the Goodell Property would be the subject of future entitlements and CEQA review if the Goodell Property is acquired under Alternative 2, annexed, an LCP amendment is approved by the Coastal Commission, and a more detailed plan is developed. -231- -232- 5. Administration and Implementation April 2018 5-1 5 ADMINISTRATION AND IMPLEMENTATION 5.1 Summary To cooperatively achieve the open space and resource conservation objectives of this Specific Plan, the City, the Coastal Commission, and the Windward Owner each require specific respective assurances. The City and the Coastal Commission need assurances that before development of the Windward Residential Parcel can begin, the conveyances and deed restrictions called for by this Specific Plan and Alternative 2 of the Settlement are operative. The Windward Owner needs assurances that if those conveyances and deed restrictions are operative, Windward Owner will have the right to proceed with the development of the Windward Residential Parcel as permitted by this Specific Plan. This Chapter 5 provides each of these parties with the needed assurances by making the operative status of all Required Approvals (specified in 5.3 below) and Implementation Documents (specified in 5.4.1 below) mutually contingent upon approval and effectiveness of all of the Required Approvals and Implementation Documents. 5.2 Key Definitions 1. Approved/Approval: “Approved” or “Approval” refers to the process(es) prescribed by applicable local and/or state law by which the Required Approvals and the Implementation Documents are authorized by the applicable decisional authority. For example, this Specific Plan/LCPA is “approved” when the City Council has voted to adopt the resolution approving this Specific Plan/LCPA and the Coastal Commission’s certification of the LCPA is complete pursuant to Public Resources Code Sections 30512 and 30513. 2. Effective: “Effective” refers to the time at which a Required Approval or an Implementation Document becomes final in the ordinary course of the administrative process for that approval as set forth in applicable local and/or state law. For example, the Coastal Commission’s regulations, specifically 14 CCR § 13544, specify when certification of the LCPA shall become “effective”. For purposes of this Specific Plan/LCPA, Required Approvals and Implementation Documents may specify a later “operative” date subsequent to the “effective” date. 3. Operative: “Operative” refers to the time at which a Required Approval or an Implementation Document may be exercised, used, or implemented. For purposes of this Specific Plan/LCPA, Required Approvals and Implementation Documents may specify a later “operative” date subsequent to the “effective” date. -233- 5. Administration and Implementation April 2018 5-2 5.3 Required Approvals The development of the Windward Residential Parcel authorized by the Windward Specific Plan may not occur until all of the following (the “Required Approvals”) are “effective”: 5.3.1 By the City (collectively, the “City Approvals”): 1. Approval of a Local Coastal Program Amendment (LCPA1), consisting of (1) an amendment to the Coastal Element of the City’s General Plan which functions as the Land Use Plan portion of the LCP, and (2) the “Windward Specific Plan,” comprised of a Zoning Text Amendment and a Zoning Map Amendment to the Implementation Plan portion of the LCP; 2. Approval of and entry into a Development Agreement (Windward DA) between the City and the Windward Owner pursuant to Government Code Sections 65864 et seq. in order to implement Alternative 2 of the Settlement; 3. Approval of a Coastal Development Permit (CDP) authorizing construction of a 36‐unit townhome development and associated infrastructure and consisting of (1) a Tentative Tract Map subdividing the Windward Property into one numbered lot for residential development (the Windward Residential Parcel) and one lettered lot for open space (the Windward Open Space Parcel) and (2) a Conditional Use Permit allowing the development of the Windward Residential Parcel in accordance with the development standards set forth in the Windward Specific Plan and the LCPA (or as certified with suggested modifications as accepted by the City); and 4. Approval of grading, building, and similar ministerial permits. 5.3.2 By the Coastal Commission (collectively, the “Commission Approvals”): 1. Certification of the LCPA, in accordance with the City Approvals (or with suggested modifications as accepted by the City); 2. Approval of the Windward DA, to the extent, if any, required by Government Code Section 65869, including with respect to its terms regarding the acquisition, conveyance, and deed restriction of the adjacent Goodell Property; and 3. In the event the City’s approval of the CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal 1 All references to the “LCPA” refer to each of the components included within this bullet point. -234- 5. Administration and Implementation April 2018 5-3 raises substantial issue(s) regarding conformity of the CDP with the LCP, approval by the Commission of a CDP. 5.4 Conditions Precedent to Required Approvals Becoming “Operative” 5.4.1 Assurances to City and Coastal Commission. To assure that development of the Windward Residential Parcel may not occur without the Windward Owner first taking the actions needed to implement the open space objectives of this Specific Plan and Alternative 2 of the Settlement. The documents required by subsections a, b, c and d below shall constitute Implementation Documents. Therefore, notwithstanding certification and effectiveness of (1) the LCPA by the Commission and (2) a CDP by the City or the Commission on appeal, the Specific Plan/LCPA and CDP shall not become “operative” until the following events have occurred: 1. For the Windward Open Space Parcel: Offer or Grant. One of the following Implementation Documents related to the Windward Open Space Parcel has been recorded in a form acceptable to the City2: a. An irrevocable offer to dedicate the Windward Open Space Parcel to the People of the State of California (Windward Offer). The Windward Offer must restrict the Windward Open Space Parcel to open space and resource conservation uses as set forth in the Windward Specific Plan. The Windward Offer shall run with the land for 21 years, binding all successors and assignees, and may be accepted by the State through a public agency or private nonprofit entity approved by the City. OR b. A conveyance of fee title to the Windward Open Space Parcel to the Bolsa Chica Land Trust (BCLT) or to another accredited land trust or nonprofit entity approved by the City (Windward Conveyance). The Windward Conveyance must restrict the Windward Open Space Parcel to open space and resource conservation uses as set forth in the Windward Specific Plan. 2. For the Goodell Property: Offer or Grant. One of the following Implementation Documents related to the Goodell Property has been recorded in a form acceptable to the City: 2 In any case where this Specific Plan/LCPA states that a document must be acceptable to the City, that requirement will extend to the Executive Director of the Coastal Commission in the event a City‐approved CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal raises substantial issue(s) regarding conformity of the CDP with the LCP. -235- 5. Administration and Implementation April 2018 5-4 a. An irrevocable offer to dedicate the Goodell Property to a public agency (Goodell Offer). The Goodell Offer must restrict the Goodell Property to open space and resource conservation uses as set forth in the Windward Specific Plan. The Goodell Offer shall run with the land for 21 years in favor of the People of the State of California, binding all successors and assignees. OR b. A conveyance of fee title to the Goodell Property to either the BCLT or another accredited land trust or nonprofit entity approved by the City (Goodell Conveyance). The Goodell Conveyance must restrict the Goodell Property to open space and resource conservation uses as set forth in the Windward Specific Plan. 3. For both the Windward Open Space Parcel and the Goodell Property: Deed Restrictions. Upon acceptance as to form by City, deed restrictions limiting the Windward Open Space Parcel and the Goodell Property to open space and resource conservation uses have been recorded in a form acceptable to the City. 4. For both the Windward Residential Parcel and the Windward Open Space Parcel: Acceptance of LCPA. A document in a form acceptable to the City has been provided to the City and recorded, unequivocally stating that the Windward Owner (i) accepts the certified LCPA in form and substance, (ii) acknowledges that the Windward Residential Parcel and the Windward Open Space Parcel shall be subject to the provisions of the LCPA, and (iii) acknowledges that the LCPA has become effective. 5. For the Windward Open Space Parcel and the Goodell Property: Title reports have been provided to the City for the Windward Open Space Parcel and the Goodell Property showing, to the satisfaction of the City, that those properties have been deed restricted and either offered for dedication or otherwise conveyed free of prior liens and encumbrances which would materially and adversely affect the interests being dedicated/conveyed. 5.4.2 Assurances to Windward Owner. To assure that the Windward Owner is not required to deed restrict and convey the Windward Open Space Parcel and, pursuant to the Windward DA, deed restrict and convey the Goodell Property as set forth above without having the right to develop the Windward Residential Parcel, the Implementation Documents specified in Section 5.4.1 shall contain language that each respective Implementation Document does not become operative until: -236- 5. Administration and Implementation April 2018 5-5 1. All of the Required Approvals have been approved and have become effective; and 2. Either the time for legal challenges to each of the Required Approvals has expired and/or legal challenges which have been made have terminated or resolved with all Required Approvals remaining intact and effective. 5.5 Development Agreement No. 16‐001 Through the Windward DA, which was voluntarily requested of the City by the Windward Owner to implement the Settlement, the Windward Owner has voluntarily agreed that the recording of the applicable Implementation Documents in accordance with 5.4.1 above shall be a condition precedent to this Specific Plan/LCPA and any CDP for the development of the Windward Residential Parcel becoming operative. The Windward DA was approved by the City Council concurrently with the approval of the Windward Specific Plan and LCPA and reflects the requirements of Section 5.3 above. 5.6 Enforcement of the Specific Plan/LCPA The Specific Plan/LCPA serves both a planning and regulatory function. It is the vehicle by which the City of Huntington Beach Local Coastal Program and General Plan are implemented for the Windward Property. If there is a conflict found between the Windward Specific Plan and the HBZSO, the contents of the Windward Specific Plan shall prevail. Where the Windward Specific Plan is silent, the provisions of the HBZSO shall apply. The Community Development Department shall be responsible for interpreting and enforcing the site development standards and design guidelines set forth in the Windward Specific Plan. 5.7 Methods and Procedures 5.7.1 Zoning Text Amendments A Zoning Text Amendment shall be required for changes to the Windward Specific Plan and processed in accordance with the provisions of Chapter 247 of the HBZSO. Zoning Text Amendments shall require an amendment to the City’s Local Coastal Program and shall not take effect until certified by the California Coastal Commission and subsequently accepted by the City pursuant to 14 CCR § 13544. 5.7.2 Hearings All local public hearings held relative to the Windward Specific Plan shall be administered according to the applicable provisions of the HBZSO. -237- 5. Administration and Implementation April 2018 5-6 5.7.3 Appeals Any local decision, determination or requirements may be appealed in accordance with applicable provisions of the HBZSO. 5.8 Maintenance Mechanisms As a condition of issuance for any CDP for development of the Windward Residential Parcel, a homeowner’s association for the Windward Residential Parcel (HOA) shall be formed and, through its CC&Rs (see Chapter 3, Section 3.5.13‐3 above), be responsible for: 1. The permanent maintenance, repair, and replacement of all HOA‐owned improvements within the common areas of the Windward Residential Parcel, including landscaping, irrigation, common vehicular driveways, parking, recreation, open space, community walls and fences, community facilities, drainage facilities, water quality BMP’s, and private service utilities. 2. Until the Windward Open Space Parcel is transferred to a governmental agency or to a qualified non‐profit organization pursuant to Section 5.4.1.a above, the maintenance, repair, and replacement of the public improvements within the Windward Open Space Parcel which are described in Chapter 4 and which include a decomposed granite trail, bench, trail fencing, directional and interpretive signage, and the approved landscaping. 3. The maintenance of the public improvements for the City Property described in Chapter 4 and shown on Exhibit 4‐1, including, but not limited to, the trail, signage, trail fencing, and landscape improvements. 4. Entering into a Landscape Maintenance Agreement with the City describing the HOA’s maintenance obligations with respect to the public improvements for the City Property described in Chapter 4 and shown on Exhibit 4‐1, including, but not limited to the trail, signage, trail fencing, and landscape improvements. -238- 6. Appendices April 2018 6-1 6 APPENDICES 6.1 Architectural Character The architectural character for the Windward Residential Parcel development (Windward Community) follows a Mid‐Century Modern theme, with strong linear elements and bold horizontal and vertical features. A variety of exterior materials are utilized including wood, stone, stucco, and glass (see Architectural Style, Exhibit 6‐1). The mid‐century modern architectural style provides “four‐sided” architecture with a variety of architectural elements on all four sides of the home, thus eliminating a flat plane on any side. -239- -240- 6. Appendices April 2018 6-3 6.2 Residential Landscape Design Concept Community design concepts and details for the Windward Community are presented in this Specific Plan in order to establish a comprehensive theme that blends the landscape with the architecture. Residents and visitors will experience the Windward Community as an upscale design with select palm species, canopy trees and plantings that complement the Modern design of the architecture. Careful consideration is also given to providing a landscape plan for the residential area that is compatible with the adjacent environment (see Exhibit 6‐2, Residential Landscape Plan). The elements included in this plan include: Project Entry, Recreation Area, Wall and Fence Design, Open Space Trails, and Plant Palette. 6.2.1 Project Entry – Bolsa Chica Street The Windward Community primary entrance is located at the southern part of the community along Bolsa Chica Street. The entry design includes project signage, (see Exhibit 6‐3, Community Signage), that is framed by a backdrop of evergreen plant materials. There is a secondary point of ingress/egress north of the primary entrance which will offer right in and right out access only. This secondary access will not include project signage. 6.2.2 Recreation Area The recreation area, shown on Exhibit 6‐4, Community Recreation Area Plan, is located in the northern portion of the project will benefit from the existing landscape located on the Los Patos/Bolsa Chica corner providing both a sense of privacy and a large‐scale, visual evergreen backdrop. Anticipated amenities for the Windward Community residents include a swimming pool with lap‐lane, fireplace/gathering area and grilling station. 6.2.3 Wall and Fence Design The Community Wall and Fence Plan, Exhibit 6‐5, describes locations and materials that are consistent with the adjacent communities while being unique to the Windward Community. Wall and Fence Elevations are depicted in Exhibit 6‐6. Walls and fences, up to a maximum of 6 feet in height, are permitted in front setback areas. Pilasters shall be a maximum of 6 feet 6 inches in height. -241- 6. Appendices April 2018 6-4 6.2.4 Open Space Trail The Windward Community open space design includes an approximate 0.4‐mile loop trail (Windward Loop Trail) which can be accessed from the primary or secondary entry depicted on Exhibit 6‐7, Trails Plan and Section. The trail consists of a concrete sidewalk along Bolsa Chica street and a connecting, six foot (6’) wide, decomposed granite trail that extends east through the City Property above the northern Windward Property boundary, south through the Windward Open Space Parcel and returns west back to Bolsa Chica Street. The Windward Loop Trail includes directional and interpretive signage as shown on Exhibit 6‐8, Public Access Signage Plan, open space trail fencing and an overlook area with bench seating. In addition to the Windward Loop Trail, connections to other local trail systems are available, as shown on Exhibit 4‐1, Open Space /and Resource Conservation Concept Plan. 6.2.5 Plant Palette The plant palette for the Windward Community has been separated into two distinct use areas, the Community Plant Palette and the Private Residential Plant Palette. The plant palette, described in Section 6.1, also includes prohibited plant species within the Windward Community. These use areas contain unique plant palettes, which will assure the implementation of the community theme. The plant palettes for the residential area are drawn from the Coastal Commission‐approved plant palette for the Brightwater Community. Plant species that are considered invasive are prohibited from use by the homeowners. The plant palette for the open space area of the Windward Community can be found within Table 4‐1, Conceptual Open Space Native Plant Palette. -242- -243- -244- -245- -246- -247- -248- -249- 6. Appendices April 2018 6-12 Table 6‐1 Residential Landscape Plant Palette Botanical Name Common Name COMMUNITY – HOA MAINTAINED – TREES Arbutus unedo Strawberry Tree Archontophoenix cunninghamiana King Palm Brachychiton populneus Bottle Tree Cercis occidentalis Western Redbud Cinnamomum camphora Camphor Tree Citrus species Citrus Cocos plumosa Queen Palm Eriobotrya deflexa Bronze Loquat Erythrina coralloides Coral Tree Feijoa sellowiana Pineapple Guava Ficus florida Florida Fig Ficus nitida ‘Green Gem’ Indian Laurel Fig – Green Gem Ficus rubiginosa Rustyleaf Fig Ginkgo biloba Maidenhair Tree Lagerstroemia species Crape Myrtle Magnolia grandiflora SPP. Southern Magnolia Melaleuca nesophila Pink Melaleuca Melaleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Phoenix canariensis Canary Island Date Palm Phoenix dactylifera Date Palm Pinus eldarica Eldarica Pine Platanus racemosa California Sycamore Podocarpus gracilior Fern Pine Prunus caroliniana Carolina Laurel Cherry Tristania conferta Brisbane Box Tupidanthus calyptratus Tupidanthus COMMUNITY – HOA MAINTAINED – SHRUBS Agapanthus africanus Lily‐of‐the‐Nile Agave americana Century Plant Agave attenuate Fox Tail Agave Agave shawii Shaw’s Agave Aloe arborescens Tree Aloe Aloe vera Medicinal Aloe Buxus japonica Japanese Boxwood Camellia japonica Camellia Campanula poscharskyana Serbian Bellflower Carex spissa San Diego Sedge Carissa macrocarpa ‘Fancy’ Natal Plum -250- 6. Appendices April 2018 6-13 Residential Landscape Plant Palette Botanical Name Common Name Ceanothus gloriosus ‘Point Reyes’ Point Reyes Ceanothus Ceanothus griseus var. ’Yankee Point’ Yankee Point Ceanothus Clivia miniata Kaffir Lily Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Crassula argentea Jade Plant Cyathea cooperi Australian Tree Fern Dicksonia antarctica Tasmanian Tree Fern Dietes vegeta Fortnight Lily Dodonaea viscose Hopseed Bush Escallonia ‘fradesii’ Pink Escallonia Grevillea ‘Noellii’ Grevillea Hebe buxifolia Boxleaf Hebe Helictotrichon sempervirens Blue Oat Grass Hemerocallis hybrid ‘Mountain Violet’ Daylily Hemerocallis hybrids Evergreen Daylily Kniphofia uvaria Red Hot Poker Lantana sellowiana Trailing Lantana Lavandula pedunculata ‘Atlas’ Spanish Lavender Ligustrum japonicum Japanese Privet Ligustrum japonicum ‘Texanum’ Waxleaf Privet Miscanthus sinensis ‘Yakushima’ Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lindheimer’s Muhly Grass Muhlenbergia rigens Deer Grass Myoporum ‘Pacificum’ NCN Myoporum parvilfolium NCN Nephrolepis exaltata Sword Fern Nolina bigelovii Bigelow’s bear grass Philodendron selloum Big Leaf Philodendron Phoenix roebelenii Pigmy Date Palm Phormium tenax New Zealand Flax Pittosporum crassifolium ‘Nana’ Dwarf Karo Pittosporum tobira Mock Orange Podocarpus spp. Fern Pine Rhaphiolepis indica India Hawthorn Rosmarinus officinalis Rosemary Schefflera actinophylla Schefflera Schefflera actinophylla Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum Blue‐eyed grass Solanum xantii Purple Nightshade Strelitzia nicolai Giant Bird of Paradise Strelitzia reginae Bird of Paradise -251- 6. Appendices April 2018 6-14 Residential Landscape Plant Palette Botanical Name Common Name Trachelospermum jasminoides Star Jasmine Viburnum suspensum Sandankwa Viburnum Westringia fruticosa Coast Rosemary Xylosma congestum ‘Compacta’ Xylosma Xylosma congestum ‘Ed Dorado’ Dwarf Xylosma Yucca filamentosa ‘Variegata’ Variegated Yucca Yucca species Yucca COMMUNITY – HOA MAINTAINED – VINES Bougainvillea spp. Bougainvillea Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood‐Red Trumpet Vine Grewia occidentalis Lavender Starflower Pandorea jasminoides Bower Vine Rosa banksiae ‘Alba Plena’ Climbing Rose Trachelospermum jasminoides Star Jasmine COMMUNITY – HOA MAINTAINED – GROUNDCOVER Armeria martima Common Thrift Baccharis pilularis ‘Pigeon Point’ Coyote Bush Dymondia margaretae Silver Carpet Festuca ovina glauca Blue Fescue Lantana sellowiana Trailing Lantana Senecio mandraliscae Blue Chalksticks Verbena hybrida Garden Verbena COMMUNITY – HOA MAINTAINED – TURF Marathon II ‘Festuca Arundinacea’ Dwarf Tall Fescue -252- 6. Appendices April 2018 6-15 Residential Landscape Plant Palette Botanical Name Common Name PRIVATE RESIDENTIAL LOTS ‐ TREES Acer macrophyllum Big Leaf Maple Acer negundo var. californicum California Box Elder Acer palmatum Japanese Maple Aesculus californica California Buckeye Arbutus unedo Strawberry Tree Arctostaphylos glauca Bigberry Manzanita Arctostaphylos insularis Island Manzanita Brachychiton populneus Bottle Tree Ceratonia siliqua Carob Cercis occidentalis Western Redbud Cinnamomum camphora Camphor Tree Citrus species Citrus Dicksonia Antarctica Tree Fern Eriobotrya deflexa Bronze Loquat Eriobotrya japonica Loquat Feijoa sellowiana Pineapple Guava Ficus florida Florida Fig Ficus nitida ‘Green Gem’ Indian Laurel Fig – Green Gem Ficus rubiginosa Rustyleaf Fig Fraxinus dipetala Callfornia Ash Ginkgo biloba Maidenhair Tree Juglans californica California Black Walnut Lagerstroemia indica Crape Myrtle Lagerstroemia species Crape Myrtle Lauris nobilis Grecian Laurel Liriodendron tulipfera Tulip Tree Lyonthamnus floribundus ssp. Asplenifolius Fernleaf Ironwood Macadamia integrifolia Macadamia Nut Magnolia grandiflora Southern Magnolia Maytenus boaria Mayten Tree Melaleuca nesophila Pink Melaleuca Melaleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Pistacia chinesis Chinese Pistache Pittosporum undulatum Victoria Box Platanus racemosa California Sycamore Plumeria rubra Egyptian Starcluster Podocarpus gracilior Fern Pine Prunus caroliniana Carolina Laurel Cherry Ptelea crenulata California Hoptree Rhus integrifolia Lemonade Berry -253- 6. Appendices April 2018 6-16 Residential Landscape Plant Palette Botanical Name Common Name Rhus lancea African Sumac Rhus laurina Laurel Sumac Sambucus mexicana Mexican Elderberry Tabebuia chrysotricha Golden Trumpet Tree Tabebuia impetiginosa Pink Trumpet Tree Tabebuia ipe Trumpet Tree Tristania conferta Brisbane Box Tristania laurina NCN Tupidanthus calyptratus Tupidanthus PRIVATE RESIDENTIAL LOTS ‐SHRUBS Abelia grandiflora ‘Edward Goucher’ Abelia Abutilon ‘Moon Chimes’ Parlor Maple Achillea millefolium var. californica Western yarrow Agapanthus africanus Lily‐of‐the‐Nile Agave attenuata Foxtail Agave Agave shawii Shaw’s Agave Agave vilmoriniana Octopus Agave Aloe arborescens Tree Aloe Aloe Vera Medicinal Aloe Alyogyne huegelii Blue Hibiscus Armeria martima Common Thrift Asclepias speciose Showy milkweed Aster chilensis California Aster Baccharis pilularis ‘Pigeon Point’ Coyote Bush Baccharis pilularis ‘Twin Peaks #2’ Dwarf Coyote Bush Baccharis pilularis ‘Twin Peaks’ Coyote Bush Prostrate Baccharis salicifolia Mulefat Begonia ‘Richmondensis’ Richmond Begonia Bergenia cordifolia Winter Saxifage Bougainvillea ‘Tahitian Maid’ Double Bougainvillea Calystegia macrostegia California Morning Glory Camellia japonica Camellia Campanula portenschlagiana Dalmatian Bellflower Campanula poscharskyana Serbian Bellflower Carex spissa San Diego Sedge Carissa macrocarpa Green Carpet Natal Plum Carissa macrocarpa ‘Fancy’ Natal Plum Castilleja foliolosa Wooly Indian paintbrush Ceanothus spp. Ceanothus Cerastium tomentosum Snow‐in‐Summer Cercis occidentalis Western Redbud Chrysanthemum leucanthemum Oxeye Daisy -254- 6. Appendices April 2018 6-17 Residential Landscape Plant Palette Botanical Name Common Name Cistus hybridus White Rockrose Cistus incanus ssp. Corsicus NCN Cistus purpereus Orchid Spot Rockrose Cistus salviifolius Sageleaf Rockrose Cistus x purpereus Orchid Rockrose Clivia miniata Kaffir Lily Comarostaphylis diversifolia Summer Holly Conolvulus cneorum Bush Morning Glory Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Coreopsis gigantea Giant coreopsis Coretherogyne filaginifolia California aster Cotoneaster aprneyi NCN Cotoneaster buxifolius NCN Crassula argentea Jade Plant Crassula argentea ‘Crosby’ Miniature Jade Plant Crassula ovata Jade Tree Cuphea hyssopifolia False Heather Delosperma cooperi Hardy Ice Plant Dendromecon rigida Bush Poppy Dietes vegeta Fortnight Lily Dodonaea viscose Hopseed Bush Dudleya abramsil spp. murina San Luis Obispo Dudleya Dudleya caespitosa Coast Dudleya Dudleya edulis San Diego Dudleya Dudleya hassei Catalina Island Live Forever Dudleya lanceolata Lanceleaf Liveforever Dudleya pulverulenta Chalk Liveforever Erigeron karvinskianus Santa Barbara Daisy Eriogonum arborescens Santa Cruz Island Buckwheat Eriogonum giganteum St. Catherine’s Lace Eriophyllum confertiflorum Golden Yarrow Escallonia ‘fradesii’ Pink Escallonia Escallonia species Escallonia Varieties Eschscholzia californica California Poppy Feijoa sellowiana Pineapple Guava Frangula californica California Coffeeberry Fuchsia ‘Gartenmeister Bonstedt’ Honeysuckle Fuschia Galvezia speciose Island snapdragon Gardenia jasminoides Gardenia Garrya elliptica James Reef Silk Tassel Grevillea ‘Noellii’ Grevillea Grewia occidentalis Starflower -255- 6. Appendices April 2018 6-18 Residential Landscape Plant Palette Botanical Name Common Name Hardenbergia comptoniana Lilac Vine Helictotrichon sempervirens Blue Oat Grass Hemerocallis hybrid ‘Mountain Violet’ Daylily Heteromeles arbutifolia ‘Davis Gold’ Toyon Heuchera ‘Autumn Leaves’ Coral Bells Heuchera ‘Purple Palace’ Alum Root Heuchera maxima Channel Islands Coral Bells Hibiscus spp. Hibiscus Holodiscus discolor Ocean spray Hypericum calycimum Aaron’s Beard Iris douglasiana Douglas Iris Jasminum nudiflorum Winter Jasmine Kniphofia uvaria Red Hot Poker Lantana camara cultivars Yellow Sage Lantana camara montevidensis Trailing Lantana Lantana sellowiana Trailing Lantana Lavandula dentata French Lavender Lavandula pedunculata ‘Atlas’ Spanish Lavender Lepechinia fragrans Island Pitcher Sage Leptospermum lae. ‘Vigatum’ Australian Tea Tree Leucophyllum frutecens Texas Ranger Ligustrum japonicum Japanese Privet Limonium perezii Sea Lavender Liriope “Silvery Sunproof’ Monkey Grass Lonicera japonica ‘Halliana’Hall’s Japanese Honeysuckle Lonicera subspicata Wild Honeysuckle Lonicera subspicata var. denudata Chaparral Honeysuckle Mahonia aquifolium ‘Golden Abundance’ Golden Abundance Oregon Grape Mahonia nevenii Nevin Mahonia Malacothamnus fasciculatus Chaparral Mallow Miscanthus sinensis ‘Yakushima’ Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lindheimer’s Muhly Grass Myoporum ‘Pacificum’ NCN Myoporum debile NCN Myoporum parvilfolium NCN Myrtus communis True Myrtle Nephrolepis exaltata Sword Fern Nerium Oleander Oleander Nolina bigelovii Bigelow’s bear grass Nolina cismontane Chapparal Nolina Nolina species Mexican Grasstree Opuntia littoralis Prickly Pear -256- 6. Appendices April 2018 6-19 Residential Landscape Plant Palette Botanical Name Common Name Opuntia oricola Oracle Cactus Osteospermum fruticosum Trailing African Daisy Pachysandra terminalis Pachysandra Paeonia californica California Peony Penstemon heterophyllus Margarita Bop' Blue Bedder Penstemon heterophyllus var. australis Foothill Penstemon Penstemon spectabilis Showy Penstemon Pentas lanceolata Egyptian Starcluster Philadelphus lewisii Lewis’ mock orange Philodendron selloum Big Leaf Philodendron Phormium tenax New Zealand Flax Photinia x fraseri Fraser’s Photinia Pittosporum crassifolium ‘Nana’ Dwarf Karo Pittosporum tobira Mock Orange Prunus caroliniana Carolina Cherry Laurel Prunus illcifolia Hollyleaf Cherry Prunus lyonii Catalina Cherry Punica granatum Pomegranate Pycanthemum californicum Mountain Mint Quercus berberdifolia California Scrub Oak Quercus dumosa Coastal Scrub Oak Rhamnus calfornica Coffeeberry Rhaphiolepis indica Indian Hawthorn Rhus integrifolia Lemonade Berry Rhus ovata Sugarbush Ribes aureum var. gracillimum Golden Currant Ribes indecorum White Flowering Currant Romneya coulteri Matilija Poppy Romneya coulteri ‘White Cloud’ White Cloud Matilija Poppy Rosmarinus officinalis Rosemary Rumohra adiantiformis Leatherleaf Fern Salvia ‘Bee's Bliss’ Bee's Bliss Sage Salvia alpiana White Sage Salvia clevelandii winifred ’Gilman’ Cleveland Sage Salvia greggii Autum Sage Salvia sonomensis Creeping Sage Salvia spathacea Hummingbird Sage Sambucus mexicana Mexican Elderberry Santolina cha. ‘Nana’ Lavendar Cotton Santolina virensn Green Lavender Cotto Satureja chandleri San Miguel Savory Schefflera actinophylla Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum California Blue‐eyed grass -257- 6. Appendices April 2018 6-20 Residential Landscape Plant Palette Botanical Name Common Name Solanum xantii Purple Nightshade Solanum xantiiPurple Nightshade Solidago velutina ssp. californica California Goldenrod Stachys bullata Hedge Nettle Strelitzia nicolai Giant Bird of Paradise Strelitzia reginae Bird of Paradise Teucrium fruticans and cultivars Bush Germander Thalictrum fendleri var. polycarpum Mountain Meadow Rue Thuja occidentalis ‘Globosa’ White Cedar Trachelospermum asiaticum Ivory Star Jasmine or Asian Jasmine Trachelospermum jasminoides Star Jasmine Tulbaghia violacea Society Garlic Venegasia carpesioides Canyon Sunflower Viburnum suspensum Sandankwa Viburnum Viguiera laciniata San Diego Sunflower Xylosma congestum Shiny Xylosma Xylosma congestum ‘Compacta’ Xylosma Xylosma congestum ‘Ed Dorado’ Dwarf Xylosma Yucca baccata Banana Yucca Yucca filamentosa ‘Variegata’ Variegated Yucca Yucca rigida Blue Yucca Yucca Species Yucca Yucca whipplei Yucca Zauschneria californica ‘Catalina Island’ California Fuchsia Zephyranthes candida Autumn Zephyrlily PRIVATE RESIDENTIAL LOTS ‐ VINES Bougainvillea spp. Bougainvillea Calliandra haematocephala Pink Powder Puff Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood‐Red Trumpet Vine Grewia occidentalis Lavender Starflower Hardenbergia violacea Hardenbergia Macfadyena unguis‐cati Cat’s Claw Mandevilla splendens Alice du Pont Mascagnia macroptera Golden Vine Pandorea jasminoides Bower Vine Parthenocissus tricuspidata Boston Ivy Rosa banksiae ‘Alba Plena’ Climbing Rose Trachelospermum jasminoides Star Jasmine PRIVATE RESIDENTIAL LOTS ‐ GROUNDCOVER Aptenia cordifolia x Red Apple Strawberry Armeria martima Common Thrift -258- 6. Appendices April 2018 6-21 Residential Landscape Plant Palette Botanical Name Common Name Artemisia caucasica Caucasian Artesmisia Baccharis pilularis Dwarf Coyote Bush Baccharis pilularis ‘Pigeon Point’ Coyote Bush Baccharis pilularis ‘Twin Peaks #2’ Dwarf Coyote Bush Baccharis pilularis ‘Twin Peaks’ Coyote Bush Prostrate Cistus crispus NCN Corea pulchella Australian Fuscia Coresopsis lancelata Coreopsis Crassula lacteal NCN Crassula multicava NCN Crassula tetragona NCN Delosperma ‘alba’ White Trailing Ice Plant Dimorphotheca aurantiaca African Daisy Drosanthemum floribundum Rosea Ice Plant Drosanthemum hispidum NCN Drosanthemum speciosus Dewflower Dymondia margaretae Silver Carpet Festuca ovina glauca Blue Fescue Fragaria chiloensis Wild Strawberry/Sand Strawberry Gazania ‘Copper King’ Gazania Gazania ‘Moonglow’ Gazania Gazania hybrid ‘Mitsua Yellow’ Semi‐trailing Yellow Gazania Gazania hybrids South African Daisy Gazania rigens leucolaena Trailing Gazania Hedera canariensis English Ivy Iberis sempervirens Evergreen Candytuft Iberis umbellatum Globe Candytuft Lampranthus filicaulis Redondo Creeper Lampranthus spectabilis Trailing Ice Plant Lamprathus aurantiacus Bush Ice Plant Lantana sellowiana Trailing Lantana Lasthenia californica Dwarf Goldfields Lupinus arizonicus Desert Lupine Lupinus benthamii Spider Lupine Lupinus bicolor Sky Lupine Lupinus sparsiflorus Loosely flowered Annual Lupine/ Coulter’s Ophiopogon ‘Nigrescens Black’ Black Mondo Grass Ophiopogon japonicus Mondo Grass Osteospermum ‘Buttermilk’ Osteospermum Osteospermum fru. ‘African Queen’ Trailing African Daisy Osteospermum fru. ‘Burgundy’ Trailing African Daisy Osteospermum fru. ‘Whirligig’ Trailing African Daisy Osteospermum fruticosum Freeway Daisy -259- 6. Appendices April 2018 6-22 Residential Landscape Plant Palette Botanical Name Common Name Osteospermum fruticosum ‘Hybrid White’ Freeway Daisy Pelargonium peltatum Ivy Geranium Pratia pedunculata Star Creeper Sagina subulata Irish Moss Sagina subulata ‘Aurea’ Scotch Moss Santolina cha. ‘Nana’ Lavendar Cotton Verbena hybrida Garden Verbena Verbena peruviana species Verbena Viola hederacea Australian Violet PRIVATE RESIDENTIAL LOTS ‐ SUCCULENTS Aeonium ‘Kiwi’ Kiwi Aeonium Echeveria agavoides ‘Red’ Red Edge Echeveria Echeveria elegans Mexican Snowball Echeveria imbricate Hens and Chicks Kalanchoe thyrisiflora Paddle Plant Sedum pachyphyllum Stonecrop Sedum rubrotinctum Pork and Beans Senecio mandraliscae Blue Chalksticks PRIVATE RESIDENTIAL LOTS ‐ TURF Marathon II ‘Festuca Arundinacea’ Dwarf Tall Fescue Turf A‐G Sod Farms Inc. ‐ Elite Plus PRIVATE RESIDENTIAL LOTS ‐ PROHIBITED PLANT SPECIES Adenostoma fasciculatum Chamise Adenostoma sparsifolium Red Shanks Aegilops triuncialis Barbed Goatgrass Ageratina adenophora Crofton Weed Ailanthus altissima Tree Of Heaven Alhagi pseudalhagi Camel Thorn Ammophila arenaria European Beachgrass Anthemix cotula Mayweed Arctotheca calendula Capeweed Artemisia californica California Sagebrush Arundo donax Giant Reed Atriplex semibaccata Australian Saltbush Avena barbata Slender Oat Avena fatua Wild Oat Bassia hyssopifolia Fivehorn Smotherweed Bellardia trixago Mediterranean Lineseed Brachypodium distachyon Purple False Brome Brassica nigra Black Mustard Brassica rapa Wild Turnip, Yellow Mustard, Field Mustard -260- 6. Appendices April 2018 6-23 Residential Landscape Plant Palette Botanical Name Common Name Brassica tournefortii Asian Mustard Bromus diandrus Ripgut Brome Bromus rubens Red Brome Bromus tectorum Cheatgrass Cardaria chalapensis Lenspod Whitetop Cardaria draba Hoary Cress, Perennial Peppergrass Cardaria draba Whitetop Carduus pycnocephalus Italian Plumeless Thistle Carpobrotus edulis Hottentot Fig Centaurea calcitrapa Purple Starthistle Centaurea masculosa Spotted Knapweed Centaurea melitensis Maltese Star‐Thistle Centaurea solstitialis Yellow Star‐Thistle Cirsium arvense Canada Thistle Cirsium vulgare Wild Artichoke, Bull Thistle Conicosia pugioniformis Narrow‐Leaved Iceplant Conium maculatum Poison Hemlock Conyza canadensis Horseweed Cortaderia jubata Purple Pampas Grass Cortaderia selloana Pampas Grass Cotoneaster lacteus Milkflower Cotoneaster Cotoneaster pannosus Silverleaf Cotoneaster Crataegus monogyna Oneseed Hawthorn Crupina vulgaris Common Crupina Cynara cardunculus Artichoke Thistle Cytisus scoparius Scotchbroom Cytisus striatus Striated Broom Delairea odorata Capeivy Egeria densa Brazilian Waterweed Ehrharta calycina Perennial Veldtgrass Ehrharta erecta Panic Veldtgrass Eichhornia crassipes Common Water Hyacinth Elaeagnus angustifolia Russian Olive Erechtites glomerata Cutleaf Burnweed Erechtites minima Coastal Burnweed Eriogonum fasciculatum Common Buckwheat Eucalyptus globulus Tasmanian Bluegum Euphorbia esula Leafy Spurge Festuca arundinacea Tall Fescue Ficus carica Edible Fig Foeniculum vulgare Sweet Fennel Genista monspessulana French Broom Halogeton glomeratus Saltlover -261- 6. Appendices April 2018 6-24 Residential Landscape Plant Palette Botanical Name Common Name Hedera helix English Ivy Helichrysum petiolare Strawflower Heterotheca grandiflora Telegraph Plant Holcus lanatus Common Velvetgrass Hydrilla verticillata Hydrilla Hypericum perforatum St. John's Wort Ilex aquifolium English Holly Iris pseudacorus Paleyellow Iris Lactuca serriola Prickly Lettuce Lepidium latifolium Broadleaved Pepperweed Leucanthemum vulgare Oxeye Daisy Lolium perenne Perennial Ryegrass Lupinus arboreus Yellow Bush Lupine Lythrum salicaria Purple Loosestrife Mentha pulegium Pennyroyal Mesembryanthemum crystallinum Common Iceplant Myoporum laetum Ngaio Tree Myriophyllum aquaticum Parrot Feather Watermilfoil Myriophyllum spicatum Eurasian Watermilfoil Nicotiana bigelevil Indian Tobacco Nicotiana glauca Tree Tobacco Olea europaea Olive Ononis alopecuroides Foxtail Restharrow Pennisetum setaceum Crimson Fountaingrass Phalaris aquatica Bulbous Canarygrass Potamogeton crispus Curly Pondweed Retama monosperma Bridal Broom Ricinus communis Castor Bean Plant Robinia pseudoacacia Black Locust Rubus discolor Himalayan Blackberry Sacsola austails Russian Thistle/Tumbleweed Salvia mellifera Black Sage Salvinia molesta Giant Salvinia Sapium sebiferum Chinese Tallow Tree Saponaria officinalis Bouncingbet Schinus molle Peruvian Peppertree Schinus terebinthifolius Brazilian Peppertree Schismus arabicus Arabian Schismus Schismus barbatus Common Mediterranean Grass Senecio jacobaea Tansy Ragwort Sesbania punicea Rattlebox Silybum marianum Milk Thistle Spartina alterniflora Smooth Cordgrass -262- 6. Appendices April 2018 6-25 Residential Landscape Plant Palette Botanical Name Common Name Spartina anglica Common Cordgrass Spartina densiflora Denseflower Cordgrass Spartina patens Saltmeadow Cordgrass Spartium junceum Spanish Broom Taeniatherum caput‐medusae Medusahead Tamarix chinensis Fivestamen Tamarisk Tamarix gallica French Tamarisk Tamarix parviflora Smallflower Tamarisk Tamarix ramosissima Saltcedar Ulex europaeus Common Gorse Urtica urens Burning Nettle Verbascum thapsus Common Mullein Vinca major Bigleaf Periwinkle PRIVATE RESIDENTIAL LOTS ‐ PROHIBITED PLANT SPECIES ‐ ORNAMENTAL Corraders sp Pampas Grass Cupressus sp Cypress Eucalyptus sp Eucalyptus Juniperus sp Juniper Pinus sp Pine PRIVATE RESIDENTIAL LOTS ‐ PROHIBITED PLANT SPECIES ‐ PALMS Brahea armata Mexican Blue Palm Brahea brandegeei San Jose Hesper Palm Brahea edulis Guadalupe Palm Butia capitata Pindo Palm Caryota cummingii Himalayan Fish Tail Palm Caryota urens Himalayan Fish Tail Palm Chamaedorea eerumpens Bamboo Palm Chamaedorea humilis Mediterranean Fan Palm Cycas revoluta Sago Palm Trachycarpus fortunei Windmill Palm Washingtonia filifera California Fan Palm Washingtonia robusta Mexican Fan Palm -263- 6. Appendices April 2018 6-26 6.3 Infrastructure 6.3.1 Circulation Vehicular access to the Windward Community is from two access drives along Bolsa Chica Street (see Exhibit 6‐9, Circulation Plan). The southern access is located across from existing Sandover Drive. The northern access is right in/right out only due to the existing median in Bolsa Chica Street. A private street system provides access to each of the housing units. Roadways within the Windward Community shall be a minimum 24‐feet in width (see Exhibit 6‐10, Street Sections). Vehicular turnarounds are provided at the north and south ends of the private streets. The parkway on the east side of Bolsa Chica Street will be improved with a pedestrian sidewalk which will allow access from Los Patos Avenue to the southern boundary of the Windward Specific Plan Area. 6.3.2 Grading Plan The Grading Plan for the Windward Residential Parcel is illustrated on Exhibit 6‐ 11, Grading Plan, which shows spot elevations for roads and finish floor elevations. The entire grading operation will be completed in one phase. Exhibit 6‐12, Cut and Fill Plan, identifies the proposed Cut and Fill for the grading operations. -264- -265- -266- -267- -268- 6. Appendices April 2018 6-31 6.3.3 Drainage Plan The Drainage Plan for the Windward Residential Parcel is illustrated on Exhibit 6‐ 13, Storm Drain, Water, and Wastewater Plan. It shows a proposed storm drain line located within the Windward Residential Parcel private roadway system which will connect to an existing storm drain within Bolsa Chica Street. Two catch basins will be constructed to capture storm runoff within the development and prevent it from discharging into the adjacent open space areas. Once it is collected on‐site, the drainage from the Windward Residential Parcel will be conveyed to an existing storm drain in Bolsa Chica Street that is part of the drainage system for the neighboring Brightwater community. The Windward Community will utilize Brightwater’s Coastal Commission‐approved (CDP 5‐05‐ 20) storm drain system which uses a state of the art filtration system (STORMFILTER) to treat runoff before it is discharged into the Bolsa Chica lowlands. The system uses storm drain pipes to convey runoff to an underground concrete structure where it flows through a number of media filter cartridges that remove pollutants from the water before discharging it. The entire drainage area for the Windward Residential Parcel was included in the design of the Brightwater storm drain system so there is sufficient capacity in the system to accommodate flows from the Windward Residential Parcel. The Best Management Practices (BMPs) included in the Brightwater Water Quality Management Plan were also designed to treat runoff from the Windward Property. An amendment to the Brightwater Water Quality Management Plan (WQMP) to incorporate the Windward Residential Parcel development will be submitted to the City. 6.3.4 Domestic Water Plan The Water Plan for the Windward Community is depicted on Exhibit 6‐13, Storm Drain, Water, and Wastewater Plan. It indicates both the backbone water and fire lines and backflow devices that will be constructed as part of the residential development. The proposed Windward Community water system will connect to an existing 8‐inch City water main along Bolsa Chica Street. The on‐site water pipelines will be installed to provide the flows required for residential development and occupancy. The Windward Community will have one master domestic water meter. The domestic water line will be public up to the master water meter located within the Bolsa Chica Street right‐of‐way and will be private beyond the water meter. A backflow device will be set back from the property line based on City requirements and screened from view. -269- 6. Appendices April 2018 6-32 A separate fire service will be provided for private fire hydrants as the Huntington Beach Fire Department does not allow fire hydrant connections to private domestic water lines. The fire line will have a separate backflow preventer. The fire line will be public up to the backflow preventer located within the Bolsa Chica Street right‐of‐way and private beyond. The onsite fire hydrants will be private. The backflow preventer will be set back from the property line based on City requirements and screened from view. The public domestic water and fire water improvements will be constructed to meet City Water Division Standards and Fire Department’s codes, standards, and specifications. The landscape area along the east side of Bolsa Chica Street is currently being maintained by the Brightwater Maintenance Corporation as per License Agreement executed with the City by Signal Landmark. The improvements covered by this agreement include landscaping (irrigation systems and plant material) as well as the entry monumentation. If the Acquisition Alternative occurs, Brightwater Maintenance Corporation will continue to maintain the landscape area along the east side of Bolsa Chica. If Alternative 2 occurs (i.e., development of the Windward Residential Parcel), the HOA formed for the Windward Community will be responsible for the maintenance of this landscape area and the License Agreement with the City will be amended accordingly. 6.3.5 Wastewater Plan The Wastewater Plan for the Windward Community is depicted Exhibit 6‐13, Storm Drain, Water, and Wastewater Plan. It indicates the backbone sewer lines that will be constructed as part of the residential development. These lines will connect to existing sewer lines within Bolsa Chica Street, which have been sized to service this project. 6.3.6 Utilities and Services It is anticipated that utility services for the Windward Community initially will be provided by Southern California Edison (SCE), Southern California Gas Company (SCG), Verizon (for telephone), and Time‐Warner Cable (for television/computer cable modem) or their respective successor company, if ownership of their assets and/or management should resources change hands. Electrical, gas, telephone, and Cable TV facilities are all located in utility easements adjacent to Los Patos Avenue and the Sandover project. Trash service initially will be provided by Republic Services. -270- -271- 6. Appendices April 2018 6-34 6.4 Adopted Mitigation Measures (TO BE PROVIDED UPON ADOPTION BY THE CITY OF HUNTINGTON BEACH) -272- -273- -274- -275- 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Community Development Director SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE DEVELOPMENT AGREEMENT NO. 16-001 This Development Agreement (“Agreement”) is entered into by and between the City of Huntington Beach, a municipal corporation of the State of California (the “City”), and Signal Landmark, Inc., a California corporation (“Developer”). The City and Developer shall be referred to jointly within this Agreement as the “Parties” and individually as a “Party.” For the convenience of the reader, a Glossary of Defined Terms used in this Agreement follows the signature pages. RECITALS A. This Agreement is one of a series of actions by the City (collectively, the “Required Approvals”) which will implement an April 2016 settlement of litigation (the “Settlement”) between the City, Developer, and the Bolsa Chica Land Trust (the “BCLT”) with respect to development of property described below as the “Windward Property” (see Recital E). B. The purpose of this Agreement is to provide assurances to the City, the California Coastal Commission, and the community that development of that portion of the Windward Property defined in Recital E as the “Windward Residential Parcel” cannot begin unless: 1.“Alternative 1”: Both the Windward Property and the adjacent “Goodell Property” (described in Recital F below) are first made available for acquisition by the Trust for Public Lands (“TPL”) as set forth in Section1 4.1; or 2.“Alternative 2”: If Alternative 1 does not occur pursuant to Section 4.1, Developer has conveyed2 to a governmental agency or a qualifying non-profit organization entity acceptable to the City, such as, but not limited to, the BCLT3 (a “Qualifying Non-Profit 1 “Section” means a numbered section of this Agreement, unless specifically stated to refer to another document. 2 If a conveyance is made to a governmental entity, it will be made through an Irrevocable Offer of Dedication. If a conveyance is made to a non-profit entity, the conveyance may be through an instrument other than an Irrevocable Offer of Dedication, such as a grant deed, if (i) legally necessary to complete the conveyance and (ii) approved by the City. 3 If the grantee is the BCLT, the BCLT must first be approved by the City. -276- 2 Organization”) both (i) that portion of the Windward Property defined in Recital E as the “Windward Open Space Parcel” and (ii) the Goodell Property (see Section 4.2). C. In addition, as set forth in Section 65864(b) of California’s Development Agreement Statute (Government Code Sections 65864-65869.5), this Agreement will provide necessary assurances to Developer that if Alternative 1 does not occur and Alternative 2 is implemented by Developer, development of the Windward Residential Parcel “may proceed in accordance with existing policies, rules and regulations.” Those “existing policies, rules, and regulations” are described and defined later in this Agreement as the “Applicable Rules.” Absent these assurances, Developer cannot make the “investment in and commitment to comprehensive planning” (see Government Code Section 65864(a)) facilitated by this Agreement. D. Government Code Sections 65864 through 65869.5 and Chapter 246 of the Huntington Beach Zoning and Subdivision Ordinance (the “Zoning Code”) authorize the City to enter into development agreements with the owners of legal or equitable interests in real property located within the City. E. The property subject to this Agreement is the Windward Property. Developer holds legal title to the Windward Property, which consists of approximately 5 acres, is described in Exhibit A,4 and is depicted on Exhibit B. The Windward Property is in the City, southeast of the intersection of Bolsa Chica and Los Patos. Exhibit B identifies a portion of the Windward Property as the “Windward Residential Parcel” and the remainder as the “Windward Open Space Parcel.” F. Adjacent to and south of the Windward Property and in the unincorporated area of the County of Orange is the Goodell Property, which consists of approximately 6.2 acres. The Goodell Property is depicted on Exhibit B and described in Exhibit C. The City does not have jurisdiction over the Goodell Property. G. The Goodell Property is zoned, under the County of Orange, as Planned Community (PC), which allows single-family residential uses at a density of 6-12 units per acre. The City has pre-zoned 3.2 acres of the Goodell Property for single-family residential and 3 acres for open space uses. Developer holds an option to purchase legal title to the Goodell Property (the “Goodell Option”). H. Because the Goodell Property is not within the City, this Agreement is not intended to and does not regulate the use of the Goodell Property. The role of the Goodell Property as part of this Development Agreement is simply to allow Developer to convey its potential ownership interest in the Goodell Property to satisfy the conditions precedent to the development of the Windward Residential Parcel if Alternative 1 does not occur. Any 4 All references to “Exhibits” within this Agreement are references to exhibits to this Agreement unless otherwise specified. All Exhibits are incorporated as a substantive part of this Agreement. -277- 3 conveyance of and use restrictions imposed on the Goodell Property as described in this Agreement are voluntary on the part of Developer and not the result of regulations imposed on the Goodell Property by either the City or the Coastal Commission. I. The City owns the thirty-foot strip of land located above the northerly boundary of the Development Site as shown on Exhibit “B” (the “City Property”). J. The Settlement establishes a program under which Developer and the City intend to enable either Alternative 1 or Alternative 2 (the “Settlement Program”). This Agreement is a vehicle to facilitate the following actions if Alternative 1 does not occur and Alternative 2 of the Settlement Program is implemented: 1. The conveyance of title to that portion of the Windward Property outside the Windward Residential Parcel not slated for development under Alternative 2 (the “Windward Open Space Parcel”) to either a governmental agency or a Qualifying Non-Profit Organization for public access, passive recreational use, habitat enhancement, and public trail purposes, as appropriate (the “Windward Conveyance”); 2. The conveyance5 of the Goodell Property to either a governmental agency or a Qualifying Non-Profit Organization for public access, passive recreational use, habitat enhancement, and public trail purposes, as appropriate (the “Goodell Conveyance”); and 3. Developer’s proposed medium density residential neighborhood within the “Windward Residential Parcel” (the “Development”). K. The Settlement Program and the Development are to be undertaken pursuant to the following approvals which, together, shall be referred to within this Agreement as the “Required Approvals” and which are anticipated to be sequenced as set forth in Recital L below: 1. City approvals (collectively, the “City Approvals”): a)Approval of a Local Coastal Program Amendment (the “LCPA”), consisting of (1) an amendment to the Coastal Element of the City’s General Plan which functions as the Land Use Plan portion of the LCP, and (2) the “Windward Specific Plan,” comprised of a Zoning Text Amendment and a Zoning Map Amendment to the Implementation Plan portion of the Local Coastal Program; b) Approval of and entry into this Agreement; c) Approval of a Coastal Development Permit (the “CDP”) authorizing construction of a 36-unit townhome development and associated infrastructure and consisting of (1) a Tentative Tract Map (the “Map”) subdividing the Windward Property into one numbered lot for residential development (the “Windward Residential Parcel”) and 5 See Footnote 2 above. -278- 4 one lettered lot for open space (the “Windward Open Space Parcel”) and (2) a Conditional Use Permit (the “CUP”) allowing the development of the Windward Residential Parcel in accordance with the development standards set forth in the Windward Specific Plan and the LCPA (or as certified with suggested modifications adopted by the City); and d) Approval of grading, building, and similar ministerial permits. 2. Coastal Commission actions (collectively, “Commission Approvals”): a) Certification of the LCPA, in accordance with the City Approvals (or with suggested modifications approved by the City); b) Approval of this Agreement to the extent, if any, required by Government Code Section 65869, including with respect to its terms regarding the acquisition, conveyance, and deed restriction of the adjacent Goodell Property; and c) In the event the City’s approval of the CDP is appealed to the Coastal Commission, approval by the Commission of a coastal development permit. L. The anticipated procedural sequence for obtaining the Required Approvals and the issuance of permits allowed by the CDP is: 1. Approval by the City of the City Approvals. 2. Submittal of an application to the Coastal Commission by the City for certification of the LCPA, in accordance with the City Approvals, and any required approval of this Agreement. 3. The certification by the Coastal Commission of the LCPA and, to the extent required, if any, the approval of this Agreement. (Note: The Coastal Commission may make its approval of the LCPA subject to concurrence by the City Council with “suggested modifications” to the City’s proposed LCPA.) 4. Approval by the City Council of the Coastal Commission’s “suggested modifications,” if any. 5. After certification of the LCPA is complete, approval by the City of the CDP or, in the event the City’s approval of the CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal raises substantial issue(s) regarding conformity of the CDP with the LCP, approval by the Commission of the CDP. 6. The issuance by the City of all permits related to the CUP, the Map, and the CDP, such as grading, building, and similar ministerial permits. M. Government Code Section 65869 provides, in pertinent part, as follows: “A development agreement shall not be applicable to any development project located in an area for which a local coastal program is required to be prepared -279- 5 and certified . . . unless: (1) the required local coastal program has been certified as required by such provisions prior to the date on which the development agreement is entered into, or (2) in the event that the required local coastal program has not been certified, the California Coastal Commission approves such development agreement by formal commission action.” Because this Agreement is premised upon the certification of the LCPA by the Commission, the Parties recognize that it may not be “applicable” to the Development until the date that the certification of the LCPA by the Coastal Commission is final (the “Certification Date”). N. The City Council has evaluated the potential environmental impacts of the Settlement Program (the “CEQA Review”) pursuant to the California Environmental Quality Act (“CEQA”). The City Council has determined that the Settlement Program will not have any new or more severe potential adverse environmental impacts than were evaluated in the CEQA Review and that no further environmental review of this Agreement or the Required Approvals is required. O. As parties to the Settlement, the Parties each have an interest in securing the objectives of the Settlement. This Agreement assures the City and the Coastal Commission that if Alternative 1 of the Settlement Program is not successful, the Development cannot proceed without completion of both the Windward and Goodell Conveyances. It also assures Developer that if it completes the Windward and Goodell Conveyances, it will have the vested right to complete the Development. P. On June 27, 2017, the Planning Commission held a duly noticed public hearing on this Agreement and recommended to the City Council that it approve this Agreement. Q. On ____________, 2018, the City Council held a duly noticed public hearing on and approved this Agreement. R. The City Council has found that this Agreement is consistent with (i) the City’s General Plan as amended by the GPA (including the Coastal Element as amended, provided that the Coastal Commission certifies the LCPA) and the Huntington Beach Zoning and Subdivision Ordinance (the “Zoning Code”) in effect on the date of the first reading of the ordinance adopting this Agreement (the “Approval Date”) and (ii) the Subdivision Map Act. S. For emphasis and clarification, there are three defined dates which have different meanings and purposes within this Agreement and should not be confused. They are: 1. The “Approval Date,” which is the date of the first reading of City Ordinance No. ________ approving this Agreement. (Note: That ordinance is referred to as the “Adopting Ordinance.”) That date is ________________________, 2018. -280- 6 2. The “Effective Date,” which is the date on which the Adopting Ordinance becomes effective under California law. That date is thirty days after the “second reading” of the Adopting Ordinance. The Effective Date, therefore, is __________________, 2018. 3. The “Certification Date,” which is the date that the certification of the LCPA by the Coastal Commission becomes final. That date is unknown at the time of the approval of this Agreement and will be determined by future events. AGREEMENT The Parties agree as follows: 1. DEFINITIONS. Defined terms that are used more than once within this Agreement are listed in the Glossary following the signature page. 2. EXHIBITS. The following attached exhibits are incorporated as a part of this Agreement: Exhibit A: Legal Description of the Windward Property Exhibit B: Depiction of the Windward Property, the Windward Residential Parcel, the Windward Open Space Parcel, the Goodell Property, and the City Parcel. Exhibit C: Legal Description of the Goodell Property 3. TERM OF AGREEMENT. Subject to Section 5.1a below, the term of this Agreement starts on the day after the Effective Date and ends ten (10) years after the Certification Date (the “Term”).6 For purposes of clarification, neither Party shall have any obligations under this Agreement until the Certification Date, except for (i) the performance of those acts referenced in this Agreement which, by their context, are to occur before the Certification Date and (ii) the duty of cooperation set forth in Section 12.1. 4. PUBLIC BENEFIT. As a party to the Settlement, the City has an interest in securing the public benefits provided by the Settlement. The City’s approval of this Agreement provides an opportunity to facilitate one of the following public benefit opportunities: 4.1 Alternative 1: Acquisition by Trust for Public Land. Pursuant to the Settlement, Developer has granted the Trust for Public Land (“TPL”)7 an option to purchase the Windward Property and, after exercise of the Goodell Option by Developer, the 6 As noted in Recital M, however, this Agreement shall not become “applicable” to the Development until the Certification Date. The Parties recognize that the Effective Date will occur before the Certification Date. 7 Founded in 1972, TPL is a nationwide non-profit organization that acquires land from private owners and conveys it into public or non-governmental organization ownership for conservation or public park purposes. Since its inception, TPL has protected 3.3 million acres of land in over 5,400 separate acquisitions. -281- 7 Goodell Property (the “TPL Option”). The TPL Option provides TPL eighteen months in which to raise the purchase funds. The TPL Option was originally set to expire in October 2017, but has since been extended to ___________2018. The Settlement allows Developer to apply for and pursue approval of the Required Approvals during the term of the TPL Option while TPL pursues acquisition funding. If TPL exercises the TPL Option, Developer will withdraw any pending applications for the Required Approvals. 4.2 Alternative 2: Preservation Opportunity / Limited Development.If the TPL Option expires without being exercised, then, after obtaining approval of the Required Approvals and before commencing the Development, Developer must first make the Windward and Goodell Conveyances for the benefit of the public as set forth in Section 5 below (the “Implementation Documents”). a.Windward and Goodell Conveyance Deed Restrictions.At the time and on the terms set forth in Chapter 5 of the Specific Plan, deed restrictions shall be recorded against the Windward Open Space Parcel and the Goodell Property permanently restricting each property to ”Open Space and Conservation Uses” (the “Deed Restrictions”). For the purposes of this Agreement, “Open Space and Conservation Uses” shall mean and shall be limited to those “Open Space and Conservation Uses” set forth in Section 4.2 of the Specific Plan. 4.3 Windward Open Space Parcel Improvements. If Alternative 2 occurs, (i) Developer will improve the Windward Open Space Parcel with the public access amenities and habitat enhancement as identified in the Specific Plan and (ii) the homeowner’s association for the Windward Residential Parcel shall maintain those improvements until the Windward Open Space Parcel has been formally conveyed to either a governmental agency or a Qualifying Non-Profit Organization. 4.4 City Property Improvements. If Alternative 2 occurs, Developer will (i) improve the City Property with the trails, signage, and landscaping identified in the Specific Plan and (ii) maintain those improvements until the maintenance responsibility is transferred to the Development’s Homeowner’s Association. 5. DEVELOPMENT OF THE WINDWARD PROPERTY. 5.1 Developer’s Vested Right. Subject to the Reservations of Authority (see Section 5.7), Developer shall have the vested right to complete the Development to the full extent permitted under the Applicable Rules (“Developer’s Vested Right”). Developer’s Vested Right shall accrue and be applicable to the Development on the Certification Date. a.Limitation on Term of Developer’s Vested Right. The sole reason that the City is entering into this Agreement is to benefit the public by facilitating (i) the Windward and Goodell Conveyances and (ii) the improvements and -282- 8 maintenance of the City-owned Parcel and the Windward Open Space Parcel, in return for permitting development within the Windward Residential Parcel. As a result, the City has required assurances in this Agreement that Developer does not retain Developer’s Vested Right if changes, other than “Minor Changes” (see Glossary of Defined Terms), to the Development are sought by Developer in the future. Therefore, if, after the LCPA has been certified and has become effective, the CDP has been approved, and all permits related to the CUP, the Map, and the CDP, such as grading, building, and similar ministerial permits, have been issued, Developer or any successor of Developer submits an application for an amendment to the LCP which proposes to alter the permitted uses of the Windward Residential Parcel, increase the density or intensity of uses on the Windward Residential Parcel, increase the maximum height or size of buildings permitted on the Windward Residential Parcel, or eliminate Developer’s obligation to make the Windward and Goodell Conveyances, then Developer’s Vested Right shall expire upon the submittal of that application. 5.2 Condition Precedent to Required Approvals Becoming “Operative.” To assure that development of the Windward Residential Parcel may not occur without the Windward Owner first taking the actions needed to implement the open space objectives of the Specific Plan and Alternative 2 of the Settlement, the certified LCPA shall become operative only on the terms and conditions set forth in Chapter 5, Section 5.3, of the Specific Plan. 5.3 Timing of Recordation of Implementation Documents. The applicable Implementation Documents shall be signed and recorded and become effective only in the time, substance, and form set forth in Chapter 5, Section 5.4.2, of the Specific Plan as approved on the Approval Date (or with modifications acceptable to the City and Owner). 5.4 Timing of Permit Issuance. Prior to the LCPA becoming operative, the City may not issue any permits pursuant to Specific Plan, with the exception of permits for archaeological studies and archaeological grading. Permits for archaeological studies and archaeological grading may be issued at any time after certification of the LCPA. 5.5 Term of Development Approvals. a.The Map. Pursuant to Government Code Section 66452.6, the term of the Map shall be automatically extended by the Adopting Ordinance to the end of the Term and any future extension of the Term agreed upon by the Parties. b.Other Development Approvals. The expiration of all other Development Approvals shall be governed by applicable state law, including Government Code Section 65863.9, and, where permitted under state and local law, all -283- 9 other Development Approvals shall be extended by the Adopting Ordinance for a term ending concurrently with the term of the Map. 5.6 Initiatives, Moratoria, and Referenda. As a Subsequent Land Use Regulation, any initiative or moratorium adopted after the Approval Date, no matter how enacted, shall not apply to the Development or the Windward Property without Developer’s written consent unless otherwise ordered by a court of competent jurisdiction. Pursuant to Government Code Section 65867.5(a), this Development Agreement is a legislative act subject to referendum. 5.7 Reservations of Authority. The following rights are reserved to the City: a.City’s Discretion Under Applicable Rules. In considering applications for a Subsequent Development Approval or Subsequent Land Use Regulation, the City may exercise its regulatory discretion to the extent permitted by the Applicable Rules. Pursuant to Government Code Section 65865.28, however, requirements for subsequent discretionary actions shall not prevent development of the Windward Property for the uses and to the density or intensity of development set forth in the Applicable Rules. b.Conflicting Emergency Regulations. The City may adopt emergency rules, regulations, laws, and ordinances within the City’s police power that would limit the exercise of Developer’s Vested Right (“Conflicting Emergency Regulations”), provided that the Conflicting Emergency Regulations: •result from a sudden, unexpected emergency declared by the President of the United States, Governor of California, or the Mayor, City Council, or City Manager of the City; •address a clear and imminent danger, with no effective reasonable alternative available that would have a lesser adverse effect on Developer’s Vested Right; •do not primarily or disproportionately impact the Development; and •are based upon findings of necessity established by a preponderance of the evidence at a public hearing. Any action challenging the application of a Conflicting Emergency Regulation to the Windward Property or the Development shall be subject to de novo review by the court for compliance with the provisions of this Section. 8 GC 65865.2 provides, among other things, that a “development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement.” -284- 10 c.Development Fees.The City may impose upon Developer any development fees that are applicable to all development within the City at the rate and the time generally applicable to all such development (“Development Fees”). Development Fees include all taxes, fees, or other exactions charged by the City in connection with the development of land, including the application, processing, approval, and/or issuance of Development Approvals or Land Use Regulations. Development Fees include, but are not limited to, development impact fees imposed pursuant to California’s Mitigation Fee Act. Other examples of Development Fees include inspection, plan check, utility capacity, service, connection, library, cultural enrichment, park, flood control, stormwater management, mitigation, and public facilities fees. d.Affordable Housing In-Lieu Fee. Section 230.26 of the Zoning Code requires that at least ten percent (10%) of all new residential construction shall be affordable units, except as provided elsewhere within Section 230.26. Section 230.26(B)(5) of the Zoning Code provides that the terms of a project’s affordable housing requirement may be outlined in an applicable Specific Plan. The Windward Specific Plan provides for 36 residential units to be constructed on the Windward Residential Parcel. Pursuant to Sections 230.26(B)(1-2) of the Zoning Code, the affordable housing requirement for the Development is 3.6 units affordable to moderate-income households. Section 3.3.6 of the Specific Plan provides that this obligation may be satisfied through the payment of in- lieu fees. Therefore, the City and the Windward Owner are providing in this Agreement that prior to issuance of the first building permit for a residence within the Windward Residential Parcel, the Windward Owner shall pay in-lieu fees for all 36 units within the Development at the rate of $50,000 for each unit, for a total payment of $1,800,000. e.Suggested Modifications. Should the Commission suggest modifications to some or all of the LCPA pursuant to Public Resources Code Sections 30512 and/or 30513 (the “Suggested Modifications”): •This Agreement shall not require the City to agree to the Suggested Modifications if the Suggested Modifications make substantive changes to the LCPA as submitted to the Coastal Commission by the City which deprive the City of the public benefits set forth in Section 4 above; and •This Agreement shall terminate and shall not bind Developer if the Suggested Modifications are adopted by the City without the City first obtaining Developer’s written concurrence with the Suggested Modifications. 5.8 Appeal of Administrative Decisions. Any decision of the Director or a City staff member with respect to this Agreement may be appealed to the Planning Commission. Planning Commission decisions may be appealed to the City Council. -285- 11 5.9 Tentative Maps. Any Tentative Map approved for the Development shall comply with the provisions of Government Code Section 66473.7. 6. DEVELOPER DEFAULTS AND REMEDIES. 6.1 Periodic Review. The City shall periodically review Developer’s good faith compliance with this Agreement pursuant to Government Code Section 65865.1 (“GC 65865.1”) and Zoning Code Section 246.14 and consistent with the due process considerations set forth in Section 6.2 (the “Periodic Review”). 6.2 Due Process Considerations.Developer has committed through this Agreement to make the Windward and Goodell Conveyances before permits are issued to begin work on the Development. Developer would not have entered into this Agreement and made that commitment without assurances that Developer’s Vested Right could not be terminated or modified without a fair and equitable Periodic Review process9 consistent with GC 65865.1, Zoning Code Section 246.14 and general principles of fairness and due process. Therefore, the following requirements shall apply to Periodic Reviews and any other review of or allegation of noncompliance pertaining to this Agreement: a.Modifications for Noncompliance. The terms of GC 65865.1 allow a local agency to terminate or modify a development agreement if a periodic review of compliance with the terms of the development agreement demonstrates noncompliance by the applicant/developer. The local agency’s right to do so is stated in permissive, rather than mandatory, terms: “the local agency may terminate or modify the agreement.” 10 Therefore, as material consideration for entering into this Agreement, the Parties have agreed that, in the event of a finding of noncompliance, the City shall not modify the terms of this Agreement unless the modification has been agreed to by Developer, as provided in Government Code Section 65868. b.Standard of Evidence. GC 65865.111 contains permissive terms which allow a local agency to terminate a development agreement if a periodic review demonstrates, “on the basis of substantial evidence,” that there has been noncompliance. The Parties recognize that the loss of Developer’s Vested Right upon a showing of “substantial evidence” of noncompliance would be unfair and inequitable. Therefore, as material consideration for entering into this Agreement, the Parties have agreed that any City finding of Developer’s noncompliance must be based upon the “preponderance of the evidence,” as would be the case with other breach of contract actions under California law. 9 These considerations apply equally to any other process by which this Agreement is terminated or modified. 10 Subsection F of MC 246.14 contains the same permissive provision. 11 Subsection F of MC 246.14 contains the same permissive provision. -286- 12 6.3 Mortgagee Default Protection. If a Mortgagee requests from the City a copy of any notice of default given to Developer, the City shall provide a copy of that notice to the Mortgagee within ten (10) calendar days after receiving the Mortgagee’s request. The Mortgagee shall have the right, but not the obligation, to cure the Default during any cure period allowed Developer under this Agreement. 7. CITY DEFAULTS AND REMEDIES. 7.1 Notice of City Default. After the Certification Date, if Developer believes that the City has failed to honor Developer’s Vested Right (a “City Default”), Developer shall submit to the City a written notice of default stating those obligations which Developer alleges have not been performed by City (a “Notice of City Default”). After receiving a Notice of City Default, the City shall promptly commence to cure the identified City Default at the earliest reasonable time after receipt of the Notice of City Default and shall complete the cure within thirty (30) calendar days after receipt of the Notice of City Default, or such longer period as is reasonably necessary to feasibly remedy the City Default. The City shall continuously and diligently pursue the cure until the cure is complete. In no event shall the cure period exceed one hundred twenty (120) calendar days. If the City disputes the existence of a City Default or whether the City has cured the City Default, either Party may seek declaratory relief from a court of law. 7.2 No Damages. Under no circumstances shall City be liable to Developer for damages, including, but not limited to, monetary damages, lost profits, out of pocket costs, and any other payment of any money, for a breach of this Agreement. Developer’s sole remedies for breach of any provision of this Agreement shall be for declaratory relief, specific performance, and mandate. 8. MODIFICATION, AMENDMENT, CANCELLATION OR TERMINATION. 8.1 Amendment and Cancellation. Notwithstanding any other provision of this Agreement, this Agreement may be amended or canceled, in whole or in part, by mutual written consent of the City and Developer, subject to compliance with Government Code Sections 65867, 65867.5, and 65868. 8.2 Minor Changes. Pursuant to Zoning Code Section 246.18, the Director, with the written consent of Developer, may make changes to the Agreement without formal action by the City Council if those changes do not (i) modify the Term or the permitted uses, (ii) increase the density or intensity of uses or the maximum height or size of buildings, or (iii) modify the substantive provisions for reservations or dedication of land (“Minor Changes”). 9. OTHER LEGAL ACTIONS, REMEDIES, AND INDEMNIFICATION -287- 13 9.1 Third-Party Actions. If a third-party action (a “Third-Party Action”) is filed against the City with respect to this Agreement for any reason, including, but not limited to, (i) attacking, setting aside, voiding, or annulling the approval of this Agreement, (ii) challenging any of the Development’s Development Approvals or Subsequent Development Approvals, or (iii) otherwise delaying, impeding, or impairing implementation of the Development, the Parties shall cooperate in the defense of that Third-Party Action. 9.2 Indemnification of City. With respect to any Third-Party Action, including an action challenging the sufficiency of environmental review and/or compliance with CEQA, Developer shall, at Developer’s expense, defend, indemnify, and hold harmless City, its officers, employees, and independent contractors engaged in Development planning or implementation. Developer shall provide a defense to the City with counsel reasonably selected by Developer to defend both the City and Developer and shall reimburse the City for ANY costs which the City may be required to pay as a result of a Third-Party Action. The City may, in its sole discretion, participate in the defense of a Third-Party Action at its own expense, but, except for those defense costs, the City’s participation shall not relieve Developer of the remainder of its indemnification obligations under this Section 9.2. 9.3 Effect on Development. The filing of a Third-Party Action shall not excuse, delay, or stop the Development in any manner, including the processing or construction of the Development, approval of Subsequent Development Approvals, or issuance of ministerial approvals by the City, unless the third party obtains a court order preventing the activity or invalidating this Agreement. The City shall not stipulate to the issuance of any such order without Developer’s prior written consent. 10. NOTICES. All notices, demands, and correspondence required or permitted by this Agreement (collectively, “Notices”) shall be in writing. Notices shall be either personally delivered or sent by registered or certified mail or overnight mail service. Notices shall be deemed received upon personal delivery or on the second business day after registered, certified, or overnight mailing. Notices shall be addressed as follows: City or Developer may change its address by giving written Notice to the other Party. Thereafter, Notices shall be addressed and transmitted to the new address. If to City, to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 92648 Attn: City Manager If to Developer, to: Signal Landmark, Inc. 27271 Las Ramblas Suite 100 Mission Viejo, CA 92692 With a Copy to: Tim Paone Cox, Castle & Nicholson 3121 Michelson Drive Suite 200 Irvine, CA 92612 -288- 14 11. ENCUMBRANCES, ASSIGNMENTS, TRANSFERS, AND RELEASES 11.1 Discretion to Encumber. Developer may, in its sole discretion, encumber some or all of the Windward Property or improvements on the Windward Property with a Mortgage. 11.2 Mortgagee Protection. If a Mortgagee in possession of the Windward Property requests Minor Changes, City shall meet with Developer and the Mortgagee to negotiate in good faith the requested Minor Changes. City will not unreasonably withhold or delay its consent to a requested Minor Change if the Minor Change is consistent with the intent and purposes of this Agreement. The following terms apply to all Mortgages: a. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage. b. Except as otherwise provided within this Agreement, a Mortgagee who takes possession of some or all of the Windward Property shall take the property subject to this Agreement, including the provision that Developer cannot begin any work on the Development without first making the Windward and Goodell Conveyances. 11.3 Assignment. If Developer sells or otherwise conveys (an “Assignment”) all or a portion of Developer’s interest in the Windward Property (the “Transferred Property”), the assignee of that Assignment (the “Assignee”) shall be subject to all provisions of this Agreement previously applicable to Developer with respect to the Transferred Property, including, but not limited to, Developer’s obligations set forth in Section 5.2 as conditions precedent to the City’s submittal of its application for certification of the LCPA. The Assignee shall have no obligations with respect to portions of the Windward Property not transferred (“Retained Property”). Developer shall remain liable for performance of Retained Property obligations, including, but not limited to, Developer’s obligations set forth in Section 5.2 as conditions precedent to the City’s submittal of its application for certification of the LCPA, but shall have no further obligations with respect to the Transferred Property. 11.4 City’s Consent to Assignment. The City’s consent to an Assignment shall not be required except under the following circumstance: If the Transferred Property is sold to an Assignee before Developer has exercised the Goodell Option, then the Assignee shall not obtain Developer’s rights under this Agreement unless the City has first consented to the Assignment. The sole basis for the City’s refusal to grant that consent, however, shall be that, in the reasonable and objective exercise of the City’s judgment, both (i) the Assignee does not possess the financial capacity to exercise the Goodell Option and (ii) adequate security has -289- 15 not otherwise been offered to the City to assure that the Goodell Option can be exercised so that the Goodell Conveyance can be made when and if the Required Approvals have been granted and Developer elects to implement development of the Windward Property as provided in this Agreement. If Developer requests the City’s consent to such an Assignment, the City’s consent shall be deemed granted unless the City has refused in writing to give that consent within thirty (30) days after receiving written request for consent from Developer. 12. MISCELLANEOUS PROVISIONS. 12.1 Cooperation. The Parties shall cooperate in good faith to assist each other in the performance of the provisions of this Agreement. 12.2 Recordation. The City Clerk shall cause a copy of this Agreement to be recorded against the Windward Property with the County Recorder within ten (10) calendar days after the Effective Date. The failure of the City to sign and/or record this Agreement shall not affect the validity of this Agreement. 12.3 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 12.4 No Third Party Beneficiaries. No person or entity other than the City and Developer shall have any right of action based upon any provision of this Agreement. 12.5 Entire Agreement. This Agreement represents the entire and final agreement of the Parties with respect to the subject matter of this Agreement. 12.6 Litigation Expenses. In any litigation between the Parties related to this Agreement, each of the Parties shall bear its own attorneys’ fees and other expenses incurred in that proceeding. 12.7 Waiver. All waivers of performance must be in a writing signed by the Party granting the waiver. Failure by a Party to insist upon the strict performance of any provision of this Agreement shall not be a waiver of future performance of the same or any other provision of this Agreement. 12.8 Delay for Events Beyond the Parties’ Control. Performance by either Party of its obligations under this Agreement shall be excused and the Term shall be extended for periods equal to the time during which (i) litigation is pending which challenges any matter, including compliance with any other local, state, or federal law, related to the approval or implementation of the Development or (ii) a delay in a Party’s performance is caused by any event beyond the control of that Party. Examples of such events include acts of nature, newly-enacted federal or state laws or regulations, judicial actions such as the issuance of restraining orders and injunctions, riots, strikes, and damage to work in process by reason of fire, mud, -290- 16 rain, floods, earthquake, or other such casualties. With respect to litigation, extensions shall be equal to the time between the filing of the action and the entry of final judgment or dismissal after the conclusion of all appeals and/or the expiration of all time periods during which an appeal could be brought. All extensions under this Section 12.8 shall be cumulative. A Party seeking excuse from performance under this Section shall provide written Notice to the other Party within thirty (30) calendar days after becoming aware of the delay. Either Party may file an action for judicial review of any requested excuse from performance. 12.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 12.10 Interpretation. This Agreement has been prepared jointly by both Parties and shall not be interpreted or construed against either Party as the preparer. 12.11 Estoppel Certificate. During the Term, either Party may request from the other an “Estoppel Certificate” certifying that: a. This Agreement is unmodified and in full force and effect; or b. There have been specific (date and description) modifications to the Agreement, but it remains in full force and effect as modified. The Estoppel Certificate shall also certify one of the following, if requested: c. There are no known current uncured Defaults; or d. There are specific (date, description, and status) Defaults which exist. Within ten (10) business after receiving the request, the responding Party shall deliver the completed Estoppel Certificate to the requesting Party. Estoppel Certificates shall provide any other reasonable information requested. A failure to timely deliver an Estoppel Certificate shall create a conclusive presumption that this Agreement is in full force and effect without modification or Default. Developer shall pay City for City’s reasonable costs incurred in issuing Estoppel Certificates. 12.12 Governing Law and Venue. This Agreement shall be governed and interpreted in accordance with the laws of the State of California. Venue for any litigation concerning this Agreement shall be in Orange County, California. Developer and City have executed this Agreement on the dates set forth below. SIGNATURE PAGE TO BE ADDED ACKNOWLEDGMENTS TO BE ADDED -291- G-1 GLOSSARY OF DEFINED TERMS Within this Agreement, the following defined terms have the meanings set forth below: 1. “Adopting Ordinance” means City Ordinance No. ___ approving this Agreement. 2. “Agreement” means this Development Agreement. 3. “Applicable Rules” means the Required Approvals, the Existing Land Use Regulations, this Agreement, the Subsequent Land Use Regulations to which Developer has consented in writing, and Subsequent Development Approvals. 4. “Approval Date” means the date of the first reading of the Adopting Ordinance. 5. “Assignee” means the person or entity to whom Developer transfers Developer’s interest in all, any portion of, or any interest in the Windward Property. 6. “Assignment” means the sale, transfer, or assignment of Developer’s rights and obligations under this Agreement in connection with a transfer of Developer’s interest in all, any portion of, or any interest in the Windward Property. 7. “BCLT” means the Bolsa Chica Land Trust. 8. “Certification Date” means the date that the certification of the LCPA by the Coastal Commission becomes final. 9. “CDP” means Coastal Development Permit No. 16-018 for the Development, which will not be acted upon by the City Council until after certification of the LCPA. 10. “CEQA” means the California Environmental Quality Act. 11. “CEQA Review” means the evaluation by the City of the Settlement Program’s potential environmental impacts pursuant to CEQA. 12. “City” means the City of Huntington Beach, California. 13. “City Approvals” means the approval of Local Coastal Program Amendment No. 16-002 (the “LCPA”), consisting of General Plan Amendment No. 16-002 (the “GPA”), Zoning Text Amendment No. 16-004 for Specific Plan No. 16 (the “Specific Plan”), and Zoning Map Amendment No. 16-003 (the “Zoning Map Amendment”). 14.“City Council” means the City Council of the City. 15. “City Property” means the thirty-foot strip of land identified on Exhibit “B” as the “City- Owned Parcel” and located north of the Windward Property. 16. “Coastal Commission” means the California Coastal Commission. -292- G-2 17. “Conflicting Emergency Regulations” means those emergency rules, regulations, laws, and ordinances within the City’s police power that would limit the exercise of Developer’s Vested Right and fall within the descriptions set forth in Section 5.6b. 18. “CUP” means Conditional Use Permit No. 16-035 for the Development (the “CUP”). 19. “Deed Restrictions” means the recorded use restrictions limiting the Windward Open Space Parcel and the Goodell Property, respectively, to Open Space and Conservation Uses. 20.“Developer” means Signal Landmark, Inc., a California corporation. 21. “Developer’s Vested Right” means Developer’s right to complete the Development in accordance with the Applicable Rules, as more specifically set forth in Section 5. 22. “Development” means Developer’s proposed medium density residential neighborhood within the Windward Residential Parcel to the extent authorized by the Applicable Rules. 23. “Development Approvals” means all permits, certificates, approvals, and other entitlements approved or issued by the City for construction, marketing, use, occupancy, and/or development of or on the Windward Residential Parcel. For the purposes of this Agreement, Development Approvals shall be deemed to include, but are not limited to, the following actions, including revisions, addenda, amendments, and modifications to these actions: •This Agreement; •Coastal Development Permits; •Tentative Maps, Final Maps, parcel maps, and any other approvals required by or permitted under the Subdivision Map Act and/or the City’s subdivision ordinance; •Conditional use permits, use permits, temporary use permits, and site development permits; •Variances and waivers of development standards; •Grading, excavation, building, and other construction-related permits; •Certificates of compliance and/or lot line adjustments; •Street, drainage, utility, stormwater, and landscape permits; •Encroachment permits; •Occupancy permits; and •Environmental review documents for the Settlement Program. -293- G-3 24. “Development Fees” means all taxes, fees, or other exactions charged by the City in connection with the development of land, including the application, processing, approval, and/or issuance of Development Approvals or Land Use Regulations. Development Fees include, but are not limited to, development impact fees imposed pursuant to California’s Mitigation Fee Act. Other examples of Development Fees include inspection, plan check, utility capacity, service, connection, library, cultural enrichment, park, flood control, stormwater management, mitigation, and public facilities fees. 25. “Director” means the Director of Community Development of the City. 26.“Effective Date” means the date on which the Adopting Ordinance has become effective as provided by California law. 27. “Estoppel Certificate” means a written statement issued pursuant to Section 12.11. 28. “Exhibit” means an exhibit to this Agreement, unless otherwise expressly stated. 29. “Existing Land Use Regulations” means all Land Use Regulations in effect on the Effective Date, including those Required Approvals which are Land Use Regulations. However, changes to Land Use Regulations adopted (as opposed to becoming effective) between the Approval Date and the Effective Date shall not be considered part of the Existing Land Use Regulations without Developer’s prior written consent. Developer shall be deemed to have consented to those Required Approvals which, though approved on the Approval Date, are not effective until the Effective Date. 30. “Final Map” means a final parcel map or final tract map for the Development, as defined in the Subdivision Map Act and the Zoning Code. 31. “General Plan” means the General Plan of the City in effect on the Approval Date and as amended through the GPA. 32. “Goodell Conveyance” means the conveyance of the Goodell Property to either a governmental agency or a Qualifying Non-Profit Organization, such as the BCLT, acceptable to the City, for Open Space and Conservation Uses. 33. “Goodell Option” means Developer’s option to acquire the Goodell Property as described in Section 4. 34. “Goodell Property” means the approximately 6.2-acre parcel designated on Exhibit B as the “Goodell Property.” 35. “GPA” means the amendment of the General Plan through the City Council’s adoption of General Plan Amendment No. 16-002 for the Windward Property. 36. “Implementation Documents” means those documents needed to complete the Windward and Goodell Conveyances, as well as the Deed Restrictions. -294- G-4 37. “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations, moratoria, initiatives,12 and official policies of the City governing the development and use of land, including, without limitation, the General Plan and each of its elements (including the Coastal Element), zoning ordinances, subdivision ordinances (but not Tentative or Final Maps, which are Development Approvals), specific plans, and their respective amendments. Land Use Regulations govern, among other things, the permitted use of land, the density or intensity of use, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement, construction, and initial occupancy standards and specifications applicable to the Development. Land Use Regulations do not include any City ordinance, resolution, code, rule, regulation or official policy governing: •The conduct or taxation of businesses, professions, and occupations applicable to all businesses, professions, and occupations in the City; •Taxes and assessments of general application upon all residents of the City, provided that the taxes and assessments are not imposed for the purpose of taxing the right, power or privilege of developing or improving land (e.g., excise tax) or to directly finance the acquisition or dedication of open space or any other public improvement for which Developer is paying any fee (directly or through an assessment or similar financing district) or providing any improvement pursuant to this Agreement; or 38. “LCPA” means Local Coastal Program Amendment No. 16-002, as approved by the City and certified by the Coastal Commission on terms acceptable to Developer, and consisting of (1) an amendment to the Coastal Element of the City’s General Plan which functions as the Land Use Plan portion of the LCP, and (2) the “Windward Specific Plan,” comprised of a Zoning Text Amendment and a Zoning Map Amendment to the Implementation Plan portion of the Local Coastal Program. 39. “Map” means Tentative Tract Map No. 18060 for the Windward Property which was approved by the City Council on the Approval Date. 40. “Minor Changes” means any change to the Development that does not modify the Term, alter the permitted uses, increase the density or intensity of uses, increase the maximum height or size of buildings, or eliminate Developer’s obligation to make the Windward and Goodell Conveyances. 41. “Mortgage” means any mortgage, deed of trust, or other security device recorded against some or all of the Windward Property or improvements to the Windward Property for the purpose of securing a debt or other obligation. 12 Because initiatives and moratoria, no matter how enacted, are legislative acts, they are Land Use Regulations. Therefore, any initiative or moratorium adopted after the Approval Date, no matter how enacted, is, for purposes of this Agreement, a Subsequent Land Use Regulation. -295- G-5 42. “Mortgagee” means a mortgagee of a Mortgage, a beneficiary under a deed of trust or any other security device, a lender, and their successors and assigns. 43. “Notice” means any notice, demand, or correspondence required or permitted by this Agreement. 44. “Open Space and Conservation Uses” means, and is limited to, pedestrian trails, observation areas and platforms, interpretive signs and displays, native landscaping, trail fencing, habitat restoration, any additional uses set forth in the Mitigation Plan prepared pursuant to Consent Cease and Desist Order No. CCC-12-CD-01 and Consent Restoration Order No. CCC-12-RO-01, both approved by the Coastal Commission on September 11, 2013, and any other open space, resource protection, and conservation uses that are later approved through an amendment of the LCP approved by the City and certified by the Coastal Commission. 45. “Party” or “Parties” means either City or Developer or both, as determined by the context. 46.“Periodic Review” means the review by the City of Developer’s good faith compliance with the terms of this Agreement pursuant to Section 6. 47.“Planning Commission” means the Planning Commission of the City. 48. “Project Grading Permit” means grading permits for the development of the Windward Residential Parcel (this is not intended to include permits related to studies, surveys, or architectural grading). 49.“Qualifying Non-Profit Organization” means a non-profit 501(c)3 organization that is BCLT or an accredited Land Trust. 50. “Required Approvals” means the following: •City approvals: a) Approval of Local Coastal Program Amendment No. 16-002 (the “LCPA”), consisting of General Plan Amendment No. 16-002 (the “GPA”) and Specific Plan No. 16, adopted through the approval of Zoning Map Amendment No. 16-003 and Zoning Text Amendment No. 16-004 (the “Specific Plan”). b) Approval of and entry into this Agreement; and c) Approval of Coastal Development Permit No. 16-018 (the “CDP”), consisting of Conditional Use Permit No. 16-035 (the “CUP”) and Tentative Tract Map No. 18060 (the “Map”). •Coastal Commission actions: a) Certification of the LCPA, consisting of (1) an amendment to the Coastal Element of the City’s General Plan which functions as the Land Use Plan portion of the LCP, and (2) the “Windward Specific Plan,” comprised of a Zoning Text Amendment and a -296- G-6 Zoning Map Amendment to the Implementation Plan portion of the Local Coastal Program; and b) To the extent, if any, required by Government Code Section 65869, approval of this Agreement. 51. “Retained Property” means any portion of the Windward Property not included within an Assignment, as set forth in Section 11.3. 52. “Section” refers to a numbered section of this Agreement, unless specifically stated to refer to another document or matter. 53. “Settlement” means the April 2016 settlement of litigation between Developer, the City, and the BCLT related to the City’s approval in 2010 of a project known as “The Ridge” which was proposed for the Windward Property. 54. “Settlement Program” means the Windward Conveyance, the Goodell Conveyance, and the Development, collectively and to the full extent permitted by the Applicable Rules. 55.“Specific Plan” means Specific Plan No. 16 for the Windward Property, including future amendments to which Developer has consented in writing. The Specific Plan was adopted pursuant to Zoning Map Amendment No. 16-003 and Zoning Text Amendment No. 16- 004. 56. “Subsequent Development Approvals” means all Development Approvals to which Developer has consented and which are approved, granted, or issued for the Development on or after the Approval Date, including, but not limited to, the CUP, the Map, and the CDP. 57. “Subsequent Land Use Regulations” means those Land Use Regulations which are both adopted and effective after the Approval Date and which are not included within the definition of Existing Land Use Regulations. “Subsequent Land Use Regulations” include any Land Use Regulations adopted by moratorium, initiative, City action, or otherwise. 58. “Tentative Map” means a tentative parcel map or tentative tract map, as defined in the Subdivision Map Act and the Zoning Code, for the Development. 59. “Term” means the term of this Agreement as set forth in Section 3. 60. “Third-Party Action” means any legal action, including appellate review, which is brought with respect to this Agreement by a person or entity other than one of the Parties, including, but not limited to, a governmental entity or official. 61. “TPL” means the Trust for Public Land. 62. “TPL Option” means the option agreement entered into between Developer and the Trust for Public Land for the purchase of the entire Windward Property and the Goodell Property, subject to the contingencies contained in the Settlement. -297- G-7 63. “Transferred Property” means all or that portion of the Windward Property which is the subject of an Assignment by Developer. 64. “Windward Conveyance” means the conveyance of that portion of the Windward Property other than the Windward Residential Parcel to either a governmental agency or a Qualifying Non-Profit Organization, such as the BCLT, acceptable to the City, for Open Space and Conservation Uses. 65. “Windward Open Space Parcel” means that portion of the Windward Property identified as the “Windward Open Space Parcel” on Exhibit B. 66. “Windward Property” means the approximately 5-acre parcel of land which is more particularly described in Exhibit A and depicted as the “Windward Property” on Exhibit B. 67. “Windward Residential Parcel” refers to that portion of the Windward Property designated on Exhibit B as “Windward Residential Parcel.” 68. “Zoning Code” means the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). 69. “Zoning Map Amendment” means Zoning Map Amendment No. 16-003. -298- A-1 EXHIBIT A WINDWARD PROPERTY LEGAL DESCRIPTION PROPOSED TRACT NO. 17294, BEING A SUBDIVISION OF: THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, INCLUDED WITHIN THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE NORTHEASTERLY CORNER OF THAT CERTAIN 6.2 ACRE PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED TO DONALD E. GOODELL RECORDED NOVEMBER 5, 1959 IN BOOK 4960, PAGE 87 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 89° 58' 30" WEST 450.00 FEET ALONG THE NORTHERLY LINE OF SAID 6.2 ACRE PARCEL TO A ANGLE POINT IN PARCEL 2 OF CERTIFICATE OF COMPLIANCE NO. 92-01 RECORDED SEPTEMBER 2, 1992 AS INSTRUMENT NO, 92-589755 OF SAID OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LAST ABOVE MENTIONED PARCEL 2, THE FOLLOWING COURSES: CONTINUING SOUTH 89° 58' 30" WEST 323.00 FEET AND NORTH 34° 02' 08" WEST 604.67 FEET TO A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE CENTERLINE OF LOS PATOS AVENUE AS SHOWN ON A MAP FILED IN BOOK 92, PAGES 19 THROUGH 28 OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID PARALLEL LINE AND ITS EASTERLY PROLONGATION, THE FOLLOWING COURSES: SOUTH 89° 21' 32" EAST 639.80 FEET AND SOUTH 89° 35' 35" EAST 90.18 FEET; THENCE NORTH 0° 10' 29" EAST 30.00 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINES OF TRACT NO. 10853 RECORDED IN BOOK 513, PAGES 14 THROUGH 15 AND TRACT NO. 5792 RECORDED IN BOOK 220, PAGES 8 THROUGH 11, BOTH OF SAID MISCELLANEOUS MAPS; THENCE SOUTH 89° 35' 35" EAST 383.00 FEET ALONG SAID WESTERLY PROLONGATION TO THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID 6.2 ACRE PARCEL; THENCE SOUTH 0° 10' 29" WEST 520.23 FEET ALONG SAID NORTHERLY PROLONGATION TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF HUNTINGTON BEACH RECORDED FEBRUARY 28, 2000 AS INSTRUMENT NO. 20000104631 OF SAID OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN TRACT NO. 15734, AS SHOWN ON A MAP RECORDED IN BOOK 797, PAGES 40 TO 42 INCLUSIVE, OF SAID MISCELLANEOUS MAPS. APN: 110-016-35 -299- B-1 EXHIBIT B DEPICTION OF THE WINDWARD PROPERTY, THE WINDWARD RESIDENTIAL PARCEL, THE WINDWARD OPEN SPACE PARCEL, AND THE GOODELL PROPERTY -300- C-1 EXHIBIT C GOODELL PROPERTY LEGAL DESCRIPTION COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINES OF BOLSA CHICA STREET AND LOS PATOS AVENUE, BOTH 60 FEET WIDE, AS SAID STREETS ARE SHOWN ON THE MAP OF TRACT 86, BLOCK 20, COAST BOULEVARD FARMS, RECORDED IN BOOK 10, PAGES 35 AND 36, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE SOUTH 00 42' 01" EAST 523.80 FEET; THENCE NORTH 890 06' 00" EAST 23.00 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING NORTH 89° 06' 00" EAST 450.00 FEET; THENCE SOUTH 0° 42' 01" EAST 600 FEET; THENCE SOUTH 89° 06' 00" WEST 450 FEET: THENCE NORTH 0° 42' 01" WEST 600 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 6.20 ACRES. APN: 110-016-18 -301- Surrounding Developments and Resources -302- Specific Plan SP 16 City of Huntington Beach April 2018 -303- SP 16 WINDWARD SPECIFIC PLAN City of Huntington Beach Adopted by City Council on ______ (CC Resolution #__) Certified by California Coastal Commission on _______ SUBMITTED TO: CITY OF HUNTINGTON BEACH Planning Department 2000 Main Street Huntington Beach, CA 92648 PREPARED BY: FORMA Coastal Planning and Documentation 3050 Pullman Street Costa Mesa, CA 92626 April 2018 -304- Table of Contents May 2017April 2018 Table of Contents - Page 1 1 INTRODUCTION 1.1 Location and Existing Conditions ................................................................................ 1-1 1.2 Project Area Background ............................................................................................ 1-1 1.3 Summary of Land Use Plan and Zoning Designations ............................................... 1-67 1.4 Authority and Scope for Specific Plan ..................................................................... 1-910 1.5 Purpose and Intent .................................................................................................. 1-910 1.6 Objectives of the Windward Specific Plan ............................................................ 1-1011 1.7 General Plan Consistency ...................................................................................... 1-1011 2 DEVELOPMENT PLAN 2.1 Land Use Plan .............................................................................................................. 2-1 2.2 Residential Development ............................................................................................ 2-1 3 DEVELOPMENT STANDARDS 3.1 Purpose and Intent ...................................................................................................... 3-1 3.2 Applicability ................................................................................................................. 3-1 3.3 Windward Residential – Medium Planning AreaParcel Development Standards ...... 3-1 3.4 Coastal Conservation Planning AreaGeneral Regulations: Windward Residential Parcel ................................................................................................................................ 3-5 3.43.5 ........................................................................................................................... W indward Open Space Development Standards .............................................................. 3-57 3.6 City Property Open Space Improvements................................................................... 3-8 3.7 Compliance with Mitigation Measures ....................................................................... 3-9 4 OPEN SPACE/PASSIVE PARK AND RESOURCE CONSERVATION PLAN 4.1 Windward Open Space and Passive Park Resource Conservation Uses ..................... 4-1 4.2 Passive ParkOpen Space and Resource Conservation Concept Plan for the Windward, Goodell, Open Space Parcel and the City PropertiesProperty .................................................. 4-3 5 ADMINISTRATION AND IMPLEMENTATION 5.1 Summary ..................................................................................................................... 5-1 5.2 Key Definitions ............................................................................................................ 5-1 5.3 Required Approvals ..................................................................................................... 5-2 5.4 Conditions Precedent to Required Approvals Becoming “Operative” ....................... 5-3 5.5 Development Agreement No. 16-001 ......................................................................... 5-5 5.15.6 ........................................................................................................................... E nforcement of the Specific Plan/LCPA ........................................................................... 5-15 5.25.7 ........................................................................................................................... M ethods and Procedures .................................................................................................. 5-15 -305- Table of Contents May 2017April 2018 Table of Contents - Page 2 5.35.8 ........................................................................................................................... M aintenance Mechanisms ................................................................................................ 5-26 6 APPENDICES 6.1 Architectural Character ............................................................................................... 6-1 6.2 Residential Landscape Design Concept ....................................................................... 6-3 6.3 Infrastructure ............................................................................................................ 6-26 6.4 Adopted Mitigation Measures .................................................................................. 6-34 -306- List of Exhibits May 2017April 2018 Table of Contents - Page 3 1 INTRODUCTION 1-1 Vicinity Map ..................................................................................................................... 1-2 1-2 Aerial Photograph ............................................................................................................ 1-3 1-3 Existing and Proposed Land Use Plan Designations ...................................................... 1-78 1-4 Existing and Proposed Zoning Map Designations .......................................................... 1-89 2 DEVELOPMENT PLAN 2-1 Land Use Plan ................................................................................................................... 2-2 2-2 Illustrative Site Plan ......................................................................................................... 2-3 3 DEVELOPMENT STANDARDS 4 OPEN SPACE/PASSIVE PARK AND RESOURCE CONSERVATION PLAN 4-1 Open Space/Passive Park Concept and Resource Conservation Plan ........................... 4-67 5 ADMINISTRATION AND IMPLEMENTATION 6 APPENDICES 6-1 Architectural Style ............................................................................................................ 6-2 6-2 Residential Landscape Plan .............................................................................................. 6-5 6-3 Community Signage ......................................................................................................... 6-6 6-4 Community Recreation Area Plan .................................................................................... 6-7 6-5 Wall and Fence Plan ......................................................................................................... 6-8 6-6 Wall and Fence Elevations ............................................................................................... 6-9 6-7 Trails Plan and Section ................................................................................................... 6-10 6-8 Public Access Signage Plan ............................................................................................. 6-11 6-9 Circulation Plan .............................................................................................................. 6-27 6-10 Street Sections ............................................................................................................... 6-28 6-11 Grading Plan ................................................................................................................... 6-29 6-12 Cut and Fill Plan.............................................................................................................. 6-30 6-13 Storm Drain, Water, and Wastewater Plan ................................................................... 6-33 List of Tables 2 DEVELOPMENT PLAN 2-1 Land Use Summary Table ........................................................................................... 2-1 4 OPEN SPACE/PASSIVE PARK PLAN 4-1 Conceptual Open Space Native Plant Palette ............................................................ 4-2 6 APPENDICES 6-1 Residential Landscape Plant Palette ........................................................................ 6-12 -307- 1. Introduction MayApril 2018 2017 1-1 1 INTRODUCTION 1.1 Location and Existing Conditions The Windward Specific Plan area (Specific Plan Area) is located at the southeast corner of Bolsa Chica Street and Los Patos Avenue in the City of Huntington Beach (City) on what is commonly referred to as the Bolsa Chica Mesa (Exhibit 1-1, Vicinity Map). The Specific Plan areaArea encompasses approximately 5.3 acres of undeveloped land, of which, at the time of adoption of the Windward Specific Plan, approximately 5.0five acres (Windward Property) are privately owned (by Signal Landmark (Signal) and a 0.3- acre parcelacres are owned by the City of Huntington Beach. (City Property). The propertySpecific Plan Area is square in shape, with the western half relatively flat (elevation 47 to 51 feet)), while the center portion of the eastern half gently slopes down to the east to an elevation of approximately 36 feet. Historically, the propertySpecific Plan Area was used almost exclusively for agricultural purposes, but from 2006 to 2011 the southwest corner of the propertySpecific Plan Area was used as a storage and staging area for construction of the neighboring Brightwater Community. The siteSpecific Plan Area is covered by non-native vegetation (Exhibit 1-2, Aerial Photograph). The Signal Landmark propertyWindward Property is currently fenced and has not been used since 2011 when the construction trailers and all but one of the storage containers were removed. The City parcelProperty is currently used as an informal trail by the public to access the Parkside property to the east of the Windward Specific Plan Area. Directly west of the site across Bolsa Chica Street is the Sandover neighborhood which is comprised of single family detached homes on 6,000 square foot lots; on. On the north are apartment and condominium complexes; to. To the east lies an open space/conservation area that is part of the Parkside project; and on. On the south is an undeveloped 6.2-acre property located in unincorporated Orange County and owned by the Goodell Family Trust. (Goodell Property). 1.2 Project Area Background 1.2.1 Zoning History The Windward propertyProperty has been owned by Signal Landmark (Signal) or its predecessor company, Signal Oil, since the 1920s and is the last remnant of Signal’s once vast landholdings at Bolsa Chica. Originally in an unincorporated area of Orange County, the propertyWindward Property was annexed into the City of Huntington Beach in 1970 as part of a ten-acre parcel that now contains the Sandover neighborhood. At the time it was annexed, both the General Plan land use and the Zoning Map land use designations were for low density residential uses. -308- 1. Introduction MayApril 2018 2017 1-2 Exhibit 1-1 Vicinity Map -309- 1. Introduction MayApril 2018 2017 1-3 Exhibit 1-2 Aerial Photograph 11x17 -310- 1. Introduction MayApril 2018 2017 1-4 After the Coastal Act was enacted in 1976, the City submitted a proposed Land Use Plan to the Coastal Commission for certification. At the time, a large scale development that included approximately 5,700 homes and a marina was being considered by the County for the unincorporated area at Bolsa Chica. In anticipation of the intense development, the City re-designated an area east of the terminus of Bolsa Chica Street, that included the five-acre Windward site,Property to Open Space Recreation (subsequently changed to Open Space- Park) on the City’s Land Use Plan, which was certified by the Coastal Commission in 1982. In 1984, the City re-zoned the property to Residential Agricultural (RA) to reflect the agricultural uses that adjoined this site at the time and determined that the RA zoning was consistent with the Open Space-Park land use designation. The massive housing and marina development once proposed for Bolsa Chica never occurred. Instead, much of the Bolsa Chica property was set aside as open space, including a large restored wetland area in the lowland, and a mix of open space and residential uses on the Bolsa Chica Mesa. In 1999, the City approved the development of 16sixteen homes on the 5five-acre site at the southwest corner of Los Patos and Bolsa Chica Street, known as the “Sandover” project. At that time, Signal dedicated to the City the City Property, a 13,350 square foot strip of land at the southeast corner Bolsa Chica Street and Los Patos Avenue, for open space-park uses. The strip of City-owned land Property is currently undeveloped and used informally by the public to access the Parkside property. In 2005, the County and the Coastal Commission approved a 349 single family home development on 68 acres of the Bolsa Chica Mesa known as Brightwater, adjacent to Sandover. 1.2.2 The Ridge Project In 2008, Signal proposed a General Plan Amendment (GPA), Zone Change (ZC) and Local Coastal Program Amendment (LCPA) for the five-acre site on the southeast corner of Bolsa Chica and Los Patos to permit the construction of 22 single family homes on the Windward Property and construction of a trail on the City property. Property. The project, then known as The Ridge, was approved by the City in 2010. In approving the entitlements for the project, the City indicated that the change in land use from Open Space/Park to Low Density Residential was appropriate because it had no plans to acquire the Signal propertyWindward Property for public recreation purposes. The Ridge project entitlements included a General Plan Amendment/, Local Coastal Program Amendment, a zone change from RA to Low Density Residential, and a subdivision map. To comply with CEQA, the City adopted a Mitigated Negative Declaration (MND). Because the propertyWindward Property lies within the Coastal Zone, the California Coastal -311- 1. Introduction MayApril 2018 2017 1-5 Commission (CCC) must approve any amendments to the city’sCity’s Local Coastal Program (LCP), therefore). Therefore, the City submitted the LCP amendmentAmendment to the CCCCoastal Commission for approval. In August 2010, the Bolsa Chica Land Trust filed litigation challenging the City’s approval of the MND, claiming that the City should have prepared an Environmental Impact Report (EIR), rather than approving a MND. The CEQA litigation was stayed pending the outcome of the Coastal Commission’s decision on the project. In June 2014, the City and Signal withdrew the LCP Amendment from consideration by the CCC. In an effort to resolve the pending CEQA litigation, Signal, the City, and the Bolsa Chica Land Trust agreed to enter into facilitated settlement discussions. In April 2016, after nearly 15fifteen months of discussions, the three parties successfully negotiated and signed a settlement agreement. (Settlement). In addition to resolving the litigation, the agreement reached among the partiesSettlement would bring closure to the decades-long controversy regarding development of Bolsa Chica by providing a viable path to resolving the land use of the last undeveloped, privately-owned land at Bolsa Chica. In addition to the 5-acre Windward site owned by SignalProperty, the agreementSettlement also addresses the potential land usedeed restriction of the approximately 6.2-acre parcel owned by the Goodell Family Trust (Goodell property) which lies southProperty to open space and resource conservation uses. At the time of approval of the Windward and east of Brightwater for whichSpecific Plan, Signal holds an option to acquire. The settlement agreement identifies two alternative, but parallel, approaches to the disposition of the Windward site and the Goodell Property (Goodell property. Option). The Goodell Property is currently an unincorporated island and is zoned for medium low density residential (6.5 – 12.5 du/ac) by the County. In 2009, in anticipation of annexing the Goodell Property, the City pre-zoned 3.2 acres of the Goodell Property adjacent to Bolsa Chica Street for low density residential, 2.0 acres as Open-Space Park, and one acre as Coastal Conservation. These designations were not certified by the California Coastal Commission. 1.2.3 The Settlement Agreement Two Track Approach The Goodell Property is not part of the Windward Specific Plan Area because it is in the County and not subject to the City’s jurisdiction. The Windward Specific Plan is not intended to and does not regulate the use of the Goodell Property. Nonetheless, as an integral part of the Settlement, the Goodell Property is shown, for reference purposes only, within the Windward Specific Plan to illustrate how the approximately 2.5-acre easterly portion of the Windward -312- 1. Introduction MayApril 2018 2017 1-6 Property (Windward Open Space Parcel) and the Goodell Property could function together as part of an 8.7-acre open space and resource conservation area under one of the two alternatives, but parallel, approaches to the future use of the Windward Property contemplated by the Settlement. Any conveyance of and use restrictions imposed on the Goodell Property as described in the Windward Specific Plan are voluntary on the part of the owner of the Windward Property (Windward Owner) and not the result of regulations imposed on the Goodell Property by either the City or, if the Windward Specific Plan is incorporated into the City’s certified Local Coastal Program, the Coastal Commission. 1.2.3 The Settlement’s Two Alternative Approach Acquisition Alternative – The settlement agreementSettlement provides an opportunity to preserve both the Windward propertyProperty and the adjacent 6.2 acre Goodell property asProperty for open space. and conservation uses (Acquisition Alternative). Pursuant to the settlement agreementSettlement, Signal has independently entered into an option agreement with the Trust for Public Land (TPL) for the purchase by TPL of the Windward and Goodell properties.Properties (TPL Option). Founded in 1972, TPL is a nationwide non- profit organization that acquires land from private owners and conveys it into public or non-governmental organization ownership for conservation or public park purposes. Since its inception, TPL has protected 3.3 million acres of land in over 5,400 separate acquisitions. Signal’s option agreement with TPLThe TPL Option grants TPL an eighteen-month period in which to raise funds to purchase both the Windward and Goodell properties. Properties. The optionTPL Option will expire in October 2017. The purchase price will behas been determined by an independent third party appraisal. Signal is cooperating with TPL in pursuit of the acquisition alternativeAcquisition Alternative. Development Alternative – Because it is unknown whether or not the acquisition alternativeAcquisition Alternative will be successful, the settlement agreementSettlement allows Signal to pursue – concurrently with TPL’s pursuit of acquisition funds – entitlements for residential development on the approximately 50%2.5-acre westerly portion of the Windward site. In accordanceProperty adjacent to Bolsa Chica Street (Windward Residential Parcel), with the settlement agreement, Signal is proposing, through thisWindward Open Space Parcel and the Goodell Property being restricted and conveyed for open space and resource conservation uses only (Development Alternative). Consistent with the Settlement, the Windward Specific Plan, to will designate the western half of its five-acre parcel (2.5 acres adjacent to Bolsa Chica Street)Windward Residential Parcel for medium density residential use. , -313- 1. Introduction MayApril 2018 2017 1-7 with the implementation of that use subject to the implementation measures set forth in Chapter 5 of the Windward Specific Plan (Implementation Measures). The Windward Open Space Parcel (i.e., the remaining easterly 2.5 acres of the Windward Property) will retain the current Open Space/Park land use designation and would ultimately. Taken together, the Implementation Measures shall ensure that before grading permits may be dedicatedissued for the Windward Residential Parcel, the following actions must occur: •Deed restrictions limiting the Windward Open Space Parcel and the Goodell Property to open space and resource conservation uses must be executed and recorded. •An offer to dedicate the Windward Open Space Parcel to a governmentalpublic agency or a conveyance of the Windward Open Space Parcel to a qualified non-profitnonprofit such as the Bolsa Chica Land Trust (BCLT) or ananother accredited land trust for use as a passive park prior to the issuance of development permits. In addition, Signal would purchase the Goodell property under the terms of the option agreement and dedicate the 6.2 acresmust be executed and recorded. The offer or conveyance must restrict the Windward Open Space Parcel to open space and resource conservation uses. •An offer to dedicate the Goodell Property to a governmentalpublic agency or a conveyance of the Goodell Property to a qualified non-profit organizationnonprofit such as the BCLT or ananother accredited land trust for passive park purposes. The purchase and dedication would occur prior to the issuance of a grading permit for the Windward residential development project. Under either alternative, the must be executed and recorded. The offer or conveyance must restrict the Goodell Property to open space and resource conservation uses. Since the Goodell Property is not in the City parcel will remain as open space.and is not subject to regulation by the City, the Goodell Property itself is not subject to the Windward Specific Plan and its Implementation Measures. Therefore, any conveyance and/or restriction of the Goodell Property must be voluntarily accomplished by the developer of the Windward Residential Parcel. Chapter 5 further addresses these actions. The Goodell property is currently an unincorporated island and is zoned for medium low density residential (6.5 – 12.5 du/ac) by the County. In 2009, the City, in anticipation of annexing the property, pre-zoned 3.2 acres of the property adjacent to Bolsa Chica Street for low density residential, 2.0 acres as -314- 1. Introduction MayApril 2018 2017 1-8 Open-Space Park and one acre as Coastal Conservation, although these designations were not certified by the California Coastal Commission. The Goodell property is not included as part of the Windward Specific Plan area because it is in the County; however, because it is an integral part of the settlement agreement, and to ensure that adjacent open space parcels are planned in a comprehensive manner, the Goodell Property will be part of a conceptual passive park plan for the entire 8.5-acre open space and is included in the Specific Plan to illustrate how the properties could function as an integrated passive park. Since the Goodell property is not in the City, Signal will enter into a development agreement with the City to ensure that the Specific Plan’s open space program, (i.e., the dedication of the 2.5 acres of the Signal property and 6.2 acre Goodell property) are fulfilled. The Development Agreement between Signal and the City will be processed concurrently with this Specific Plan. 1.3 Summary of Land Use Plan and Zoning Designations The Windward Specific Plan area is located within the Coastal Zone. The current land use designation for the propertyWindward Property in the City’s Local Coastal Program, as well as the General Plan, is Open Space - Park (OS-P). The current zoning designation for the privately-held Signal propertyWindward Property, as well as the City-owned property Property, is Residential Agriculture (RA) with a Coastal Zone overlay (Exhibit 1- 3, Existing and Proposed Land Use Plan Designations and Exhibit 1-4, Existing and Proposed Zoning Map Designations). The RA zoning allows agricultural uses, single family dwellings, nurseries and temporary uses such as storage yards. As shown on Exhibit 1-3, the Specific Plan would change the As shown on Exhibit 1-3, the Windward Specific Plan would change the land use designation for the Windward Residential Parcel in the LCP and General Plan to Residential Medium Density. The Windward Open Space Parcel and the City Parcel would retain the current OS-P land use designation. As shown on Exhibit 1-4, the zoning for the entire Specific Plan Area will be SP (Specific Plan) with the Windward Residential Parcel designated as RM (Residential – Medium) in the Windward Specific Plan and the Windward Open Space Parcel and the City Parcel designated as Coastal Conservation (CC) (see Exhibit 2-1, Land Use Plan). -315- 1. Introduction MayApril 2018 2017 1-9 Exhibit 1-3 Existing and Proposed Land Use Designations 11x17 -316- 1. Introduction MayApril 2018 2017 1-10 Exhibit 1-4 Existing and Proposed Zoning Map Designations 11x17 -317- 1. Introduction MayApril 2018 2017 1-11 land use designation for the privately-held western half of the Signal property in the LCP and General Plan to Residential Medium Density. The eastern half of the Signal property and the City-owned parcel would retain the current OS-P land use designation. As shown on Exhibit 1-4, the zoning for the entire specific plan area will be SP (Specific Plan) with the western half of the Signal property designated as RM (Residential – Medium) in the Specific Plan and the eastern half and City-owned parcel designated as Coastal Conservation (CC) (see Exhibit 2-1, Land Use Plan). -318- 1. Introduction MayApril 2018 2017 1-12 1.4 Authority and Scope for Windward Specific Plan The authority to prepare, adopt, and implement specific plans is granted to the City of Huntington Beach by the California Government Code (Title 7, Division 1 Chapter 3, Article 8, Sections 65450 through 65457). Specific Plansplans are generally designed to: 1. Provide greater level of detail than a traditional zoning ordinance and to serve as a tool to tailor development policies and regulations to a particular site; 2. Provide more specific site development standards to create appropriate land use designations and design criteria that addresses project-specific issues; and 3. Provide decision makers with the opportunity to comprehensively review a land use plan in its entirety at the outset in order to consider land use compatibility, circulation, infrastructure and other issues related to development of a site. The Windward Specific Plan will be used by the City to implement the City’s Local Coastal Program and General Plan for the property. ThisWindward Property. The Windward Specific Plan contains all the applicable land use regulations and thus constitutes the zoning ordinance for the Windward property. Property. The development standards contained in thisthe Windward Specific Plan will take precedence over all provisions of the Huntington Beach Zoning and Subdivision Ordinance, (HBZSO), unless otherwise noted. 1.5 Purpose and Intent The Windward Specific Plan provides the City of Huntington Beach with a comprehensive planning program to direct the development of the residential and open space areas contained within this five-acre parcel. Thisthe Windward Property. The Windward Specific Plan provides a description of the land use, public facilities, circulation, infrastructure, development standards, and implementation measures to ensure the propertyWindward Property is developed in a manner consistent with the City’s vision for the site. It also allows the City to consider a comprehensive planning approach for the passive open space opportunitiesand conservation uses available in the future in conjunction with the acquisitionCity Property and dedication of the neighboring Goodell property as open space as well as the City owned open space strip immediately north of the Windward property. Property. The regulations contained in the Windward Specific Plan will ensure that development of the Windward Property is designed in concert with the surrounding open space assets. Because the propertyWindward Property lies within the Coastal Zone, special consideration is given to fulfilling the objectives of the California Coastal Act as expressed in policies promulgated in the City’s Local Coastal Program. In the case of -319- 1. Introduction MayApril 2018 2017 1-13 the Windward propertyProperty, public access and resource protection – including both biological and cultural resources – are the two most relevant Coastal Act issues to be addressed. The Windward Specific Plan, along with a corresponding General Plan Amendment, will amendbecome effective upon certification by the City’s LCPCoastal Commission as necessaryan amendment to carry out the City’s vision for the property.Local Coastal Program (LCPA). 1.6 Objectives of the Windward Specific Plan ••Provide a comprehensive land use plan that designates the location and intensity of land uses along with roadway circulation and public facilities. ••Implement the settlement agreements between the parties regarding The Ridge litigation. Settlement. ••Ensure compatibility with surrounding land uses. ••Provide housing opportunities in a location where housing is in high demand. ••Provide access to Coastal property that is currently inaccessible to the public by dedicating a portion of the site to a government agency or qualified non-profit organization, and creating trails that allow the public to enjoy passive recreation opportunitiesthe open space and resource conservation areas. ••Design a residential community that promotes resource protection and maximizes open space by clustering development close to existing development. ••Provide a mechanism whereby the Windward Specific Plan facilitates a comprehensive examination of the surrounding properties and consideration of future open space connections and passive parkpublic open space and resource conservation opportunities. ••Establish development standards that prevent degradation of coastal resources and provide designs for open space that improve the current ecological value of the property. 1.7 General Plan Consistency The Windward Specific Plan will implement the following goals of the Huntington Beach General Plan;: •LU4: Achieve and maintain high quality architecture, landscape and open spaces in the City; -320- 1. Introduction MayApril 2018 2017 1-14 •LU8: Achieve a pattern of land uses that preserves, enhances and establishes a distinct identity for the City's neighborhoods, corridors and centers; •LU9: Achieve the development of a range of housing units that provides for the diverse economic, physical and social needs of existing and future residents of Huntington Beach; and •ERC1: Improve and enhance the overall aesthetic value and appearance of the City of Huntington Beach through the provision and maintenance of local public and private open space. •C1: Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs. •C2: Provide coastal resource access opportunities for the public where feasible and in accordance with the California Coastal Act requirements. •C4: Preserve and, where feasible, enhance and restore the aesthetic resources of the City’s coastal zone, including natural areas, beaches, harbors, bluffs and significant public views. -321- 2. Development Plan May 2017April 2018 2-1 2 DEVELOPMENT PLAN 2.1 Land Use Plan The Windward Land Use Plan is illustrated on Exhibit 2-1, Land Use Plan, and contains approximately 5.3 acres. The Windward Property is composed of a residential development area, as well as an open space area devoted to habitat conservationthe Windward Residential Parcel and passive open space/recreation.the Windward Open Space Parcel. The Windward siteProperty overlooks some of the lowland areas of Bolsa Chica owned by the State of California to the south and the Parkside project open space area to the east. The site is across Bolsa Chica Street from the existing Sandover neighborhood at the intersection of Los Patos and Bolsa Chica Street and adjacent to apartments on the north. The residential development areaWindward Residential Parcel allows for 36 residential dwelling units clustered adjacent to existing residential development (see Exhibit 2-2, Illustrative Site Plan). The non-residential land uses designated for the Windward Open Space Parcel are intended primarily for passive recreationopen space and resource conservation uses which are described in Chapter 4, Open Space/Passive Park Plan and Resource Conservation. Table 2-1 Land Use Summary Table Land Use Acres1 Housing Units Density Residential -Medium 2.5 36 14.4 du/ac Coastal Conservation 2.8 Not Applicable Not Applicable 2.2 Residential Development As identified in Table 2-1, the Windward Specific Plan contains a Residential – Medium land use category providing for a maximum of 36 residential dwelling units. In addition to the housing units, a private recreation area is provided at the northwest corner of the Windward Residential Parcel and may contain a swimming pool, gas grill, an outdoor fireplace, or similar amenities. Adjacent to the community recreation area, at the southeast corner of Bolsa Chica Street and Los Patos Avenue, is the existing landscaped entrance to the Brightwater and Sandover neighborhoods, which will retain its existing 1 Precise acreages are 2.50 acres of Residential – Medium and 2.76 acres of Coastal Conservation. Acres are rounded to 2.8 acres throughout the Windward Specific Plan. -322- 2. Development Plan May 2017April 2018 2-2 use. The residential landscape and architectural design concepts (including project entry, private recreation area, wall and fence design, open space trail, and plant palette) are provided in the Chapter 6, Appendices. Development Standards are set forth in Chapter 3. -323- 2. Development Plan May 2017April 2018 2-3 Exhibit 2-1 Land Use Plan -324- 2. Development Plan May 2017April 2018 2-4 Exhibit 2-2 Illustrative Site Plan -325- 3. Development Standards May 2017April 2018 3-1 3 DEVELOPMENT STANDARDS 3.1 Purpose and Intent The purpose of this section is to provide specific development standards and regulations that will be applied to all new development permitted within the Windward Specific Plan Area. These regulations are intended to provide criteria to be used by builders, planners, engineers, architects, landscape architects and other professionals in order to maintain the design quality of the project area. 3.2 Applicability The Windward Specific Plan shall be the zoning document for all areas within the Windward Specific Plan Area. Furthermore, , which consists of the Windward Residential Parcel, the Windward Open Space Parcel, and the City Property, all as identified on Exhibit 2-2. The Development Standards detailedfor the Windward Residential Parcel are set forth in this section shall be applicable to all property within the Specific Plan area. Section 3.3 below. General Regulations for the Windward Residential Parcel are set forth in Section 3.4. The Development Standards for the Windward Open Space Parcel are set forth in Section 3.5. A general description of the open space improvements for the City Property is found in Section 3.6. Where there is a conflict between the provisions of thisthe Windward Specific Plan and the Huntington Beach Zoning and Subdivision Ordinance, the HBZSO, the Windward Specific Plan shall apply. Where the Windward Specific Plan is silent, the provisions of the Huntington Beach Zoning and Subdivision OrdinanceHBZSO shall apply. 3.3 Windward Residential – Medium Planning Area Standards 3.3.13.3 .................................................................................................................................................... esidential – Medium SiteParcel Development Standards 1.3.3.1 Purpose The Residential Planning Area is intended to permit a maximum of 36Thirty-six residential dwelling units are permitted on the approximately 2.5 acres-acre Windward Residential Parcel, for an overall density ofyield of approximately 14.4 dwelling units per acre. The maximum density permitted within the Specific Plan Area is 15 dwelling units per acre. 2.3.3.2 Permitted Uses a.1. Primary Uses. The following primary uses are permitted subject to a Conditional Use Permit and Coastal Development Permit from the Planning Commission in accordance with the provisions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), asHBZSO, as either may be amended from time to time. -326- 3. Development Standards May 2017April 2018 3-2 1)a.Residential duplexes; 2)b.Single family detached homes; and 3)c.Multi-family residential units;. b.2. Ancillary Uses. The following uses are permitted ancillary to athe primary use asuses listed above; however, a. A coastal development permit may be required in accordance with the provisions of Chapter 245 of the HBZSO: 1)a.Community recreational amenities, including swimming pools, tot lots, fireplaces, bbqbarbecue area, and picnic facilities; and 2)b.Accessory uses and buildings, subject to the provisions inof Section 230.08 of the HBZSO. These uses include, but are not limited to, fencing, swimming pools, spas, therapy baths, water fountains, rock formations, freestanding barbecues/ and fireplaces, covered patios and decks, and detached accessory structures (such as non-commercial greenhouses, gazebos and storage sheds). c.3.Temporary Uses. The following temporary uses are permitted subject to the provisions of the HBZSO: 1) Home finder/sales center, including mobile homes or trailers, subject to Chapter 230 of the HBZSO; 2) Model home complexes, subject to Chapter 230 of the HBZSO; 3) Real estate signs relating to the sale, lease, or other disposition of real property on which the sign is located, subject to Chapter 233 of the HBZSO; and 4) Other uses in conformance with Section 241.20 of the Huntington Beach Zoning and Subdivision OrdinanceHBZSO. 3.3.3.3 Building Site Standards a.1.Minimum Building Site Area – 2.5 acres. b.2.Maximum Building Height of Individual Buildings 1)a.Three (3) stories and 35 feet high. Roof decks shall not be considered a story. 2)b.Building height is measured from finish floor to top of building. The finished floor elevation shall be a maximum of two (2) feet above the highest point of the curb adjacent to Bolsa Chica Street. c. Roof deck trellises are permitted up to a maximum of ten (10) feet above the roof deck floor and shall meet the following criteria: -327- 3. Development Standards May 2017April 2018 3-3 1) Setback a minimum of five (5) feet from the edge of the roof or adjacent unit; 2) No more than 150 square feet in area; 3) Open on three (3) sides; and 4) Lattice design only. d. Roof equipment, including but not limited to elevators, may exceed the maximum height by an additional ten (10) feet. 3)Roof decks shall not be considered a story. c.3.Minimum Building Setbacks of Individual Buildings 1)a.Front Setback (Bolsa Chica Street Right of Way) – 15 feet. 2)b.Side Setback (Open Space Lot) – 9 feet. 3)c.Rear Setback (Open Space Lot) – 13 feet. 4)d.No setback from the first floor (upper story setback) is required for the second or third floor. d.4.Minimum Distance Between Buildings – 10 feet e.5.Maximum Cumulative Lot Coverage of all Individual Buildings – 50 percent f.Roof equipment, including, but not limited to elevators may exceed the maximum height by an additional ten (10) feet. g.a.Roof deck trellises are permitted up to a maximum of ten (10) feet above the roof deck floor and shall meet the following criteria: 1)setback a minimum of five (5) feet from the edge of the roof or adjacent unit 2)not exceed 150 square feet in area 3)open on three (3) sides 4)lattice design only 4.3.3.4 Open Space Requirements a.1.Private Open Space 1)a.Each dwelling unit shall have a minimum of 300 square feet of private open space which may be satisfied by the roof deck, ground floor open space (rear yards and private patios), and private balconies.. 2)b.A maximum of 50 percent of the required private open space may be satisfied with the usable roof deck area. BalconiesPrivate balconies -328- 3. Development Standards May 2017April 2018 3-4 and ground floor open space (rear yards and private patios) shall make up the additional required private open space. 3)c.Balconies shall have a horizontal rectangle which has a minimum dimension of six (6) feet. 4)d.Ground floor open space, including rear yards, shall have a horizontal rectangle which has a minimum dimension of eight (8) feet. 5)e.Roof decks shall have a horizontal rectangle which has a minimum dimension of ten (10) feet. b.2.Common Open Space 1)a.A common recreation area shall be provided for all of the residents which may include a pool, bbqbarbecue area, picnic area, seating area, or similar amenities. 2)b.The common recreation area shall be a minimum of 3,800 square feet. 5.3.3.5 Parking Requirements a.1. Enclosed Parking. Each residential unit shall have a minimum of two (2) enclosed spaces. b.2. Guest Spaces. One (1) unenclosed guest space shall be provided within the development for each residential unit. Guest spaces shall not be assigned to individual residential units. 6.3.3.6 Affordable Housing Section 230.26 of the Huntington Beach Zoning OrdinanceHBZSO requires that at least ten percent (10%) of all new residential construction shall be affordable units. The Windward Specific Plan provides 36 residential units; therefore. Therefore, the affordable housing requirement is 3.6 affordable units. In order toTo satisfy the affordable housingthis requirement, the City and the property ownerWindward Owner will enter into an agreement that provides for the payment of in lieu fees for the 3.6 affordable units consistent with the City’s affordable housing in-lieu fee program. 7.3.3.7 Prohibited Uses The following uses are prohibited: industrial uses; commercial uses, except home offices; billboards; signs which do not display information related to an activity, service, or commodity available on the premise; and uses not expressly permitted in this section. 8.3.3.8 Landscaping, Walls, and Fencing -329- 3. Development Standards May 2017April 2018 3-5 Landscaping, walls, and fencing within the Specific Plan AreaWindward Residential Parcel shall be subject to the provisions established within Chapter 6, Appendices, of this Specific Plan. the Windward Specific Plan. The plant palette for the Residential Parcel is derived from the Coastal Commission–approved plant palette for the neighboring Brightwater community. Table 6-1 in Chapter 6 identifies both the plant species approved for use within the Windward Residential Parcel and those that are prohibited. Thirty-six-inch box trees required by Section 232.08.B of the Huntington Beach Zoning and Subdivision OrdinanceHBZSO may be located in common or private open space areas. All perimeter fencing shall be consistent with the fencing described in Exhibit 6-5, Wall and Fence Plan, and Exhibit 6-6, Wall and Fence Elevations. 9.3.3.9 Signs and Outdoor Lighting All signs and outdoor lighting shall be in accordance with Chapters 232 and 233 of the Huntington Beach Zoning and Subdivision Ordinance. HBZSO. Outdoor lighting shall adhere to “dark sky” regulations and be designed to provide adequate illumination of on-site areas without intruding upon surrounding properties or environmentally sensitive usesareas. 10.3.3.10 Utilities All development projects shall be required to install adequate utility services necessary to serve the development. All utilities shall be placed underground in identified in easements, excluding streetlights and electrical transmission 66kV or greater. Utility systems shall be designed to conserve the use of electrical energy and natural resources. Developers shall coordinate with electricity, telephone and cable television companies regarding energy conservation and proper planning, phasing and sizing of lines. 11.3.3.11 Home Occupations Home occupations shall be in accordance with Section 230.12 of the Huntington Beach Zoning and Subdivision OrdinanceHBZSO. 12.3.3.12 Lots and Buildings Lots and buildings shall be as depicted on the Final Tract Maps and the final Project- Level Site Development Plan. In the case of discrepancies between this Chapter, the Huntington Beach ZoningHBZSO, and Subdivision Ordinance, /or the Tract Maps or Site Development Plan, the Tract Maps and Site Development Plan shall take precedence. -330- 3. Development Standards May 2017April 2018 3-6 3.4 Coastal Conservation Planning Area Standards 3.4 The Coastal Conservation Planning Area is intended to permit passive recreation uses and is subject to Chapter 216, Coastal Conservation District, of the Huntington Beach Zoning and Subdivision Ordinance, as may be amended from time to time.General Regulations: Windward Residential Parcel Except where otherwise provided in the Windward Specific Plan, the following general regulations shall apply to the Windward Residential Parcel: 3.4.1 Streets Streets within the Windward Residential Parcel as shown on Exhibit 6-9 shall be maintained by the Windward Homeowners Association. Entry controls such as gates, guardhouses, and guards are prohibited. 3.4.2 Walls and Fences a. Walls and fences shall be constructed as shown on Exhibit 6-6. The use of glass in the perimeter walls adjacent to the open space area shall be prohibited. b. No walls, fences, or other devices designed to preclude public access to the open space area are allowed except those approved as part of the Windward Specific Plan. 3.4.3 Covenants, Conditions and Restrictions (CC&Rs) a. Prior to the issuance of the first building permit for the Windward Residential Parcel, Covenants, Conditions and Restrictions (CC&Rs) shall be recorded against the Windward Residential Parcel stating, among other things, that the City has authorized development on the Windward Residential Parcel, subject to terms and conditions that restrict the use and enjoyment of the Windward Residential Parcel. b. The CC&Rs shall reflect, either in their main text or in an exhibit, all conditions of the Conditional Use Permit and Coastal Development Permit applicable to the development of the Windward Residential Parcel. c. At least 90 days before City Council action on the final map subdividing the Windward Property into the Windward Residential and Open Space Parcels, the CC&Rs shall be submitted to the Departments of Community Development, Public Works, and Fire and the City Attorney’s office for review and approval. d. The CC&Rs shall be binding upon and run with the Windward Residential Parcel and be included or incorporated by reference in every deed -331- 3. Development Standards May 2017April 2018 3-7 conveying either the Windward Residential Parcel or a condominium interest within the Windward Residential Parcel. e. The CC&Rs shall provide for maintenance, repair, and replacement by the Windward Homeowners Association of all HOA-owned improvements within the common areas of the Windward Residential Parcel, including landscaping, irrigation, private streets, parking, recreation, open space, community walls and fences, community facilities, drainage facilities, water quality BMP’s, and private service utilities. The CC&Rs shall also include the plant palette provided in Table 6-1 of the Windward Specific Plan which identifies the approved and prohibited plant species for the Windward Residential Parcel. f. The CC&Rs shall provide for maintenance, repair, and replacement by the HOA of signage, landscaping, irrigation, trail, trail fencing, and bench in the Windward Open Space Parcel until the Windward Open Space Parcel is transferred to a governmental agency or to a qualified non-profit organization. g. The CC&Rs shall provide that the HOA is responsible for maintaining the trail, signage, trail fencing, and landscaping on the City Property and shall execute a Landscape Maintenance Agreement with the City for the continuing maintenance including, but not limited to the landscaping, decomposed granite trail, signage, trail fencing, irrigation, and water quality and drainage features associated with the City Property. The Landscape Maintenance Agreement shall describe all aspects of maintenance, such as removal of trash, debris, and silt buildup, removal/replacement of dead, damaged vegetation resulting from public use of the trail system, or any other aspect of maintenance, repair, replacement, liability, and fees imposed by the City. h. The CC&Rs shall provide that neither the residents of the Windward Residential Parcel nor the HOA shall interfere with public access to the trail within the Windward Open Space Parcel or close it off for the exclusive use of the residents of the Windward Residential Parcel. 3.4.4 Resource Protection a. A Domestic Animal Control Plan shall be prepared that details methods to be used to prevent pets from entering any adjacent resource protection areas, including but not limited to, appropriate fencing and barrier -332- 3. Development Standards May 2017April 2018 3-8 plantings. The plan shall be approved by the Community Development Department and subsequently distributed to each homeowner. b. A Pesticide Management Plan shall be prepared that, at a minimum, prohibits the use of rodenticides and prohibits the use of toxic pesticides and herbicides in outdoor areas, other than Vector Control conducted by the City, County, or Special District. c. To ensure the continuance of habitat value and function of the adjacent designated Environmentally Sensitive Habitat Areas, the developer shall provide any buyer of a housing unit within the project an information packet that explains the sensitivity of the natural habitats adjacent to the Windward Residential Parcel, the need to minimize impacts on the designated resource protection areas, and the prohibition on the planting of exotic invasive plant species on lots that are directly adjacent to a resource protection area. The information packet shall include a copy of the Domestic Animal Control Plan and Pesticide Management Plan and be required for all sales of housing units. The developer shall provide the City with a copy of the information packet. 3.5 Windward Open Space Parcel Development Standards Prior to the issuance of the first occupancy permit for a residential unit other than a model home within the Windward Residential Parcel, the developer of the Windward Residential Parcel shall complete the public improvements for the Windward Open Space Parcel. 3.5.1 Windward Open Space Parcel Improvements The public improvements for the Windward Open Space Parcel are described in Chapter 4 and include a decomposed granite trail, bench, trail fencing, directional and interpretive signage, and the approved landscape palette. 3.5.2 Windward Open Space Parcel Landscaping The native landscape plan for the Windward Open Space Parcel is discussed in Chapter 4 and shown on Exhibit 4-1, Open Space and Resource Conservation Concept Plan. The Windward Residential Parcel CDP shall require the Windward Owner to: •Prepare a Habitat Management Plan (HMP) for the Windward Open Space Parcel consistent with the native landscape plan set forth in Chapter 4. •Be responsible for initially installing the landscaping on the Windward Open Space Parcel. •Maintain the native landscaping pursuant to the HMP until 90% of the residential units within the Windward Residential Parcel have been sold. -333- 3. Development Standards May 2017April 2018 3-9 The CC&Rs for the Windward Residential Parcel shall provide that: •The HOA shall assume responsibility for that maintenance when 90% of the residential units within the Windward Residential Parcel have been sold. •The HOA shall retain that maintenance responsibility until the City confirms that all success criteria required by the CDP for the Windward Open Space Parcel native landscaping have been met. •Once the City confirms that all success criteria required by the CDP for the Windward Open Space Parcel native landscaping have been met, the then current owner of the Windward Open Space Parcel shall assume ongoing responsibility for maintenance of the Windward Open Space Parcel. 3.5.3 Windward Open Space Parcel Signage 1. Trail Entrances. Signs shall be posted at the north and south entrances to the trail at Bolsa Chica Street directing the public to the trail heads as shown on Exhibit 6-8. 2. Interpretive Sign. An interpretive sign shall be located along the trail within the Windward Open Space Parcel as shown on Exhibit 6-8. The sign shall include educational information about archaeological site CA ORA 86 and historical aspects of the Windward Open Space Parcel. 3. Coastal Access Trail. Plans for the coastal access trail shall be submitted to the City concurrent with the plan check submittal for the Windward Residential Parcel. The plans for the trail shall include signage indicating public access and provide informational details about the entire coastal access path including length of the entire path to the Bolsa Chica Wetlands. 3.6 City Property Open Space Improvements The public improvements for the City Property are described in Chapter 4 and shown on Exhibit 4-1. The City Property will serve as a trailhead to funnel pedestrians to and across the Windward Open Space Parcel. Prior to the issuance of the first occupancy permit for a residential unit other than a model home within the Windward Residential Parcel, the developer of the Windward Residential Parcel shall complete the public improvements for the City Property described in Chapter 4, including the trail, signage, trail fencing, and landscape improvements. 3.7 Compliance with Mitigation Measures Development of the Windward Residential Parcel shall comply with the following Mitigation Measures from Negative Declaration No. 16-003: 1. Prior to any development, the Applicant shall retain a City-approved Archaeologist who meets the Secretary of Interior Standards for both Archaeology and History. An -334- 3. Development Standards May 2017April 2018 3-10 Archaeological Mitigation and Monitoring Plan (AMMP) shall be developed prior to initiating construction to outline “controlled archaeological grading methods,” which has been shown to be an effective investigative method for locating previously unknown resources on Bolsa Chica Mesa. The plan shall include protocol for the mitigation of cultural resources through a research design and recovery/preservation plan, including significance testing of inadvertent archaeological finds; lab analysis, curatorial requirements, and reporting requirements; and identification of an acceptable repository for all recovered material with curatorial fees being paid by the Applicant. 2. In accordance with CR-1 and the AMMP, controlled archaeological grading shall occur across the entire Windward project site prior to the issuance of a grading permit for residential development of the project site. Archaeological grading shall consist of using mechanized equipment where the plowzone is removed in approximate 2 centimeter depth increments by a mechanical scraper, as part of the controlled grading effort and under the supervision of the archaeological site supervisor. The grading process shall be limited to slow excavation in small horizontal areas providing ultimate control. The archaeologist(s) and Native American Monitor(s) shall examine the soils as they are exposed. Previous investigations have shown that once below the plowzone, soils consist of: 1) basal midden remnants (beige-yellow in color) or 2) Pleistocene terrace deposits (red in color). Culturally-sterile Pleistocene terrace deposits are shallow at this location, reached at a maximum depth of 150cm below the surface. The entire process shall be monitored by both Gabrielino and Juaneno Native American monitors. Monitoring will occur with at least one archaeologist and one Native American monitor per equipment array that is operating. 3. All construction personnel shall be instructed to stop work on the project site in the event of a potential find, until the archaeologist and Native Monitors have been able to assess the significance of the find and implement appropriate measures as outlined in the AMMP to protect or scientifically remove the find. Construction personnel shall also be instructed that unauthorized collection of cultural resources is prohibited by law. If archaeological resources are discovered during ground- disturbing activities, the archaeologist has the authority to cease all earthwork in the immediate area of the finds (within 50 feet) until the find can be evaluated for significance. In the absence of a determination, all archaeological resources shall be considered significant. If the resource is determined to be significant, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. -335- 3. Development Standards May 2017April 2018 3-11 4. In the event cultural resources are exposed in any overlying basal midden remnants during the controlled archaeological grading, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. Specific protocol for uncovering the resource and analyzing its significance will be detailed within this plan. The protocol shall establish procedures for various types of archaeological resources that may be discovered. Because of their cultural significance, however, if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or religious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. 5. If human remains are discovered during construction or any earth-moving activities, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric, the Coroner must notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site and may recommend or deny scientific removal and nondestructive analysis of human remains. If the human remains are determined to be in situ, i.e., they have not been moved or relocated to the site of discovery, the preservation methods in CR-4 shall apply. 6. Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the City that a City-approved paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre-grade conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. 7. Prior to construction-related ground disturbing activity, a qualified biologist shall survey the project site for presence of Southern tarplant during the appropriate blooming period, May – November. If feasible, the survey shall be conducted during -336- 3. Development Standards May 2017April 2018 3-12 the peak blooming period for the year. Any substantial occurrence (at least 500 mature individuals) shall be preserved on-site or relocated to open space areas in the Bolsa Chica area. If relocation is required, a Southern tarplant relocation program shall be prepared by a qualified biologist and implemented prior to the onset of construction. 8. Prior to construction-related ground disturbing activity, focused burrowing owl surveys shall be conducted in accordance with the CBOC and California Department of Fish and Wildlife (CDFW) established protocols on the project site. •If no occupied burrows are found, the methods and findings of the surveys shall be reported to the City and CDFW for review and approval and no further mitigation would be required. •If unoccupied burrows are found during the nonbreeding season, the burrows shall be collapsed or otherwise obstructed to prevent owls from entering and nesting in the burrows. •If occupied burrows are found, a buffer of 165 feet (during the nonbreeding season of September 1 through January 31) or 250 feet (during the breeding season of February 1 through August 31) shall be provided. The buffer area may be adjusted based on recommendations by a qualified biologist in consultation with the CDFW. No activity shall occur within the buffer area until a qualified biologist confirms that the burrow is no longer occupied. •If the burrow is occupied by a nesting pair, a minimum of 6.5 acres of foraging habitat contiguous to the burrow shall be maintained until the breeding season is over. The 6.5 acres would consist of the five acres of the project site as well as the adjacent 6.2 acre Goodell Property. The western portion of the Shea property is designated as permanent open space providing an additional 19 acres of foraging habitat. •If avoidance of an occupied burrow is not feasible, on-site passive relocation techniques approved by the CDFW shall be used to encourage the owls to move to an alternative borrow outside of the impact area. However, no occupied burrows shall be disturbed during the nesting season unless a qualified biologist verifies through noninvasive methods that juveniles from the occupied burrows are foraging independently and are capable of independent survival. -337- 4. Open Space/Passive Park Plan and Resource Conservation May 2017April 2018 4-1 4 OPEN SPACE/PASSIVE PARK AND RESOURCE CONSERVATION PLAN 4.1 Windward Open Space and Passive Park Resource Conservation Uses The Windward Owner has requested adoption of the Windward Specific Plan to implement the open space and resource conservation vision of the Settlement. The Windward Specific Plan designates the land use of the eastern half of the Signal property and all ofWindward Open Space Parcel and the City-owned property Property as Open Space – Park with a Coastal Conservation designation. The allowable uses under the City’s existing Open Space – Park land use designation and Coastal Conservation zoning are limited to pedestrian trails and observation platforms for passive nature study. Consistent with those regulations, the uses for the open space portion of the Windward siteOpen Space Parcel are limited to a pedestrian trail which includes interpretive signage and a scenic overlook. The Open Space – Park land use designation and Coastal Conservation designation provide a land use that is compatible with the use of the adjacent Parkside property. Although high density residential uses border the northern edge of the Windward Property and lower density residential is located immediately west of the site, the eastern and southern edges abut open space areas that serve important ecological functions and are an integral part of the Bolsa Chica environment. In 2012, the Coastal Commission approved the Parkside residential development project, which borders the Windward and Goodell properties. Properties. Due to concerns about the continuing viability of a grove of eucalyptus trees to function as Environmentally Sensitive Habitat (ESHA) and the presence of a wetland, the Commission designated approximately 18 acres of the western portion of the Parkside property as open space to accommodate various ecological buffers and water quality treatment areas. As part of the project approval, the developer was required to prepare a Habitat Management Plan (HMP) for the areas of the property designated as open space/conservation. The HMP calls for the area that abuts the Windward siteOpen Space Parcel to be revegetated with native grasses and some scrub species. The area adjacent to the Goodell propertyProperty is planned for scrub/grassland and Coastal Sage Scrub revegetation. The HMP has been approved by the Coastal Commission but has not yet been implemented by the developer. The open space plan for the Windward site - as well as the Goodell property if it is ultimately acquired as open space - must takeOpen Space Parcel also takes into consideration habitat restoration plans approved by the Coastal Commission on the adjoining Parkside property to ensure that the landscape plans and plant palettes are compatible and complement one another. Accordingly, the permitted uses and landscape plan for the open space area on the Windward site isOpen Space Parcel are designed to be entirely compatible with the approved HMP for the Parkside project. In -338- 4. Open Space/Passive Park Plan and Resource Conservation May 2017April 2018 4-2 fact, as shown on Exhibit 4-1, Open Space/Passive Park and Resource Conservation Concept Plan, the native landscape plan for the Windward Open Space Parcel essentially expands the three-acre grassland/scrub area on the western edge of Parkside onto the eastern half of the Windward siteOpen Space Parcel creating an approximately 5.5-acre contiguous grassland/scrub area. The conceptual plant palette for the Windward open space areaOpen Space Parcel is comprised primarily of native grassland with some scrub species. These species are listed on Table 4-1, Conceptual Open Space Native Plant Palette. TABLE 4-1 Conceptual Open Space Native Plant Palette Container Plants Scientific Name Common Name Plants/ac Cylindropuntia prolifera Coastal Cholla 150 Opuntia littoralis Coastal Prickly Pear 200 Plants from Seed Scientific Name Common Name Pounds/ac Ambrosia acanthicarpa Sand-Bur 5.00 Baccharis pilularis Coyote Bush 0.50 Bromus carinatus California brome 7.00 Camissoniopsis cheiranthifolia Beach Evening Primrose 0.25 Dichelostemma capitatum Blue Dicks 2.00 Distichlis spicata Salt Grass 1.00 Encelia californica California Encelia 0.75 Eriophyllum confertiflorum Long-Stemmed Golden Yarrow 0.25 Eschscholzia californica California Poppy 0.50 Festuca microstachys Pacific Fescue 5.00 Heliotropium curassavicum Alkali Heliotrope 0.75 Isocoma menziesii Coastal Goldenbush 2.50 Lasthenia californica Coastal Goldfields 0.25 Lupinus bicolor Miniature Lupine 2.00 Phacelia parryi Parry’s Phacelia 0.25 Plantago erecta California Plantain 3.00 Pseudognaphalium californica California Everlasting 0.25 Sisyrinchium bellum California Blue-Eyed Grass 1.50 Stipa lepida Foothill Needlegrass 6.00 Stipa pulchra Purple Needlegrass 8.00 -339- 4. Open Space/Passive Park Plan and Resource Conservation May 2017April 2018 4-3 Verbena lasiostachys Western Verbena 0.50 To facilitate public access to the propertyWindward Open Space Parcel, a decomposed granite pedestrian trail is planned for the Windward open space areaOpen Space Parcel that would connect to the city-owned propertyCity Property along the northernmost edge of the Windward siteProperty, turning southerly to ultimately connect to trails that may, in the future, be located on the Goodell property. Property. The plan is to initially create a trail loop that starts at the southeast corner of Bolsa Chica Street and Los Patos Avenue extending easterly through the city-owned propertyCity Property and then southerly across the Windward siteOpen Space Parcel and then turning westerly to intersect back at Bolsa Chica Street. The trail will be located at the highest elevation of the Windward propertyOpen Space Parcel providing an opportunity for a scenic overlook node offering trail users unobstructed views of Saddleback Mountain in south Orange County. As shown on Exhibit 4-1, Open Space/Passive Park and Resource Conservation Concept Plan, the trail would feature interpretive signage that would provide users with information regarding the property’s rich history. Ultimately, if the Goodell Property is acquired by a public agency or a qualified non-profit such as the Bolsa Chica Land Trust or an accredited land trust, the Windward trail could be extended onto the Goodell propertyProperty to create a network of trails that provide users with a variety of experiences. Maintenance of the trail on the City-owned lot Property would be the responsibility of the homeowner’s association formed for the Windward development. Residential Parcel. 4.2 Passive ParkOpen Space and Resource Conservation Concept Plan for the Windward, Goodell Open Space Parcel and the City PropertiesProperty As described in Chapter 1, Introduction, the goal of the parties in The Ridge litigation settlement agreementSettlement is to preserve as much as possible of the two remaining privately held undeveloped parcels on the Bolsa Chica Mesa. One alternative is for the Trust for Public Land (TPL) to purchase the entire 11eleven acres of privately owned property and preserve it as open space. How the properties would ultimately be used under that alternative depends largely on what entity ends up holding title to the land. Under a scenario where both the Windward and Goodell propertiesProperties are purchased by TPL this, the Windward Specific Plan would not be intake effect. The propertiesWindward Property would remain open space and a separate planning process to determine the uses could be undertaken if the landowner so chooses.retain its current land use designation. The Windward Specific Plan is being created to addressfacilitate the second alternative of the Settlement (Alternative 2), which allows medium density residential on half of Signal Landmark’s approximately five-acre propertythe Windward Residential Parcel, -340- 4. Open Space/Passive Park Plan and Resource Conservation May 2017April 2018 4-4 with the Windward Open Space Parcel being restricted to “Open Space and preserve the Conservation Uses.” For the purposes of the Windward Specific Plan, “Open Space and Conservation Uses” shall mean the following: a. Pedestrian trails, observation areas and platforms, interpretive signs and displays, native landscaping, trail fencing, and habitat restoration; b. Any additional uses set forth in the Mitigation Plan prepared pursuant to Consent Cease and Desist Order No. CCC-12-CD-01 and Consent Restoration Order No. CCC- 12-RO-01, both approved by the Coastal Commission on September 11, 2013; and c. Any other half as open space. Additionally, in exchange for being allowed to develop 2.5 acres, Signal Landmark is obligated to, resource protection, and conservation uses that are later approved through an amendment of the LCP approved by the City and certified by the Coastal Commission. To implement Alternative 2, however, the Windward Owner will need to voluntarily purchase the Goodell property (pursuant to an existing option agreement)Property and dedicate the propertyboth the Windward Open Space Parcel and the Goodell Property to a governmental agency or a qualified non-profit such as the Bolsa Chica Land Trust or an accredited land trust as permanent open space. Thus, under the limited development scenario contemplated in the settlement agreementsubject to restriction to the Open Space and Conservation Uses. Under Alternative 2, approximately 8.57 of the 11eleven acres of privately owned propertycomprising the Windward and Goodell Properties would be preserved as open space/passive park. The opportunity to add 8.5 acres to the inventory of parkland is rare given the limited amount of undeveloped land left in the area. Moreoverfor Open Space and Conservation Uses. In the case of the Windward Open Space Parcel, preservation would be through both (i) the provisions of the Windward Specific Plan and the LCPA and (ii) a recorded deed restriction. In the case of the Goodell Property, preservation would be through a voluntary deed restriction unrelated to regulatory requirements. As contemplated by the Settlement, the opportunity to craft a comprehensive plan for a relatively large parcel of land that abuts an even larger open space complex containing valuable ecological and cultural resources is truly unique. Although the Goodell parcel lies in unincorporated Orange County and is not part of this Specific Plan, it is anticipated to be annexed into the City in the future and is included in the comprehensive open space plan that is presented in this document on a conceptual basis. Permitting the uses identified in the open space plan for the Goodell property will require an amendment to the City’s LCP once the property has been annexed and CEQA review. -341- 4. Open Space/Passive Park Plan and Resource Conservation May 2017April 2018 4-5 Also included in the conceptual open space plan isOpen Space and Resource Conservation Concept Plan is the City Property, a sliver of land owned by the City that is approximately 30 feet wide and 445 feet long (13,350 square feet) that is designated as open space-park on the City’s general plan. The parcelCity Property forms the northern boundary of the Windward siteProperty and currently accommodates a native trail that is used informally by pedestrians to access the Parkside property from the intersection of Bolsa Chica Street and Los Patos Avenue. Signal Landmark dedicated this parcel of land to the City for park purposes in 1999. The goals for developing a comprehensive open space plan are: ••Provide the public with an open space plan that demonstrates the City’s intentions for the 8.5-acre parcelWindward Open Space Parcel in the event a governmental agency or qualified non-profit such as Bolsa Chica Land Trust obtains the Goodell parcelProperty and the Goodell Property is annexed to the City. •Create a consistent and compatible land use plan for three properties currently under different ownership. ••Ensure that land uses are compatible with adjacent properties such as Parkside Estates, Brightwater, and the State Ecological Reserve. ••Provide opportunities for public access while protecting sensitive biological and cultural resources. ••Ensure that the habitat values of the Bolsa Chica Ecological Reserve are not compromised. ••Integrate into the plan a cultural mitigation program required by the California Coastal Commission under a Consent and Restoration order with Signal Landmarkthe Windward Owner. ••Identify appropriate areas for placement of scenic overlooks and interpretive signage. As shown on Exhibit 4-1, Open Space/Passive Park and Resource Conservation Concept Plan, (Concept Plan), the conceptual open space planConcept Plan is designed to provide public access from the southeast corner of the intersection of Bolsa Chica Street and Los Patos Avenue, utilizing the City-owned parcel Property as a trailhead to funnel pedestrians across the eastern portion of the Windward propertyOpen Space Parcel southerly to the Goodell property. Property. Once on the Goodell propertyProperty, trail users can visit scenic overlooks and interpretive signs or continue on to the Brightwater trail. Careful consideration has been given to designing a trail system that does not require mechanical grading to construct and provides appropriate fencing to keep users on the trails and out of sensitive biological or cultural areas. -342- 4. Open Space/Passive Park Plan and Resource Conservation May 2017April 2018 4-6 The City-owned parcel Property will contain a decomposed granite trail with native landscape on both sides and will connect with the trail located on the Windward open space area. Open Space Parcel. Although this parcelthe City Property is only a third of an acre, it is located adjacent to the existing Los Patos Avenue public right-of-way and provides critical linkage to the Windward open space parcel. Open Space Parcel. Recognizing that biological and cultural resources exist in some areasportions of the 8.5 acresWindward Open Space Parcel, the conceptual planOpen Space and Resource Conservation Concept Plan is designed to avoid re-contouring the landform orand any mechanized grading and. It takes into consideration existingestablished native trails that have already been established on the site. There are several areas on the Goodell parcel, particularly the BMX bike course, that will need to be re-contoured using hand tools. . The native grassland/scrub plant palette recommended for the Windward siteOpen Space Parcel is planned to extend onto the Goodell propertyProperty to be consistent with the Parkside Estates open space parcel. Although under the Concept Plan coastal sage scrub could be planted on the upper portion of the Goodell propertyProperty, grassland/scrub species with shallower root systems would be more appropriatepreferable given the presence of cultural resources on the southern portion of the property.Goodell Property. The trail system on the Goodell propertyProperty primarily utilizes theexisting trails that exist on the property today. . However, inasmuch assince the area contains sensitive biological resources, the Concept Plan contemplates fencing shouldwould be incorporated into the plan to keep pedestrians on designated trails to minimize disturbances to existing habitat and any native landscaping installed in the future. With respect to cultural resources, in 2013, the Coastal Commission issued a Consent Restoration Order requiring Signal Landmarkthe landowner to design and construct a cultural mitigation program in this area of the Bolsa Chica Mesa. The cultural mitigation program could easily be incorporated into the trail and interpretive sign program established on the 8.5 acres. . As stated previously, the permitsWindward Specific Plan does not regulate the Goodell Property. The purpose of the Concept Plan is to provide a vision of what could occur on the Goodell Property under the Open Space and Conservation Uses to which the Goodell Property would be limited by voluntary deed restrictions under Alternative 2. Permits necessary to implement the passive park improvementsOpen Space and Conservation Uses on the Goodell property willProperty would be the subject of future entitlements and CEQA review onceif the Goodell propertyProperty is acquired under Alternative 2, annexed, an LCP amendment is approved by the Coastal Commission, and a more detailed plan is developed. -343- 4. Open Space/Passive Park Plan and Resource Conservation May 2017April 2018 4-7 -344- 4. Open Space/Passive Park Plan and Resource Conservation May 2017April 2018 4-8 Exhibit 4-1 Open Space/Passive Park and Resource Conservation Plan 11x17 -345- 5. Administration May 2017 5-1 April 2018 5-1 5 ADMINISTRATION AND IMPLEMENTATION 5.1 Summary To cooperatively achieve the open space and resource conservation objectives of this Specific Plan, the City, the Coastal Commission, and the Windward Owner each require specific respective assurances. The City and the Coastal Commission need assurances that before development of the Windward Residential Parcel can begin, the conveyances and deed restrictions called for by this Specific Plan and Alternative 2 of the Settlement are operative. The Windward Owner needs assurances that if those conveyances and deed restrictions are operative, Windward Owner will have the right to proceed with the development of the Windward Residential Parcel as permitted by this Specific Plan. This Chapter 5 provides each of these parties with the needed assurances by making the operative status of all Required Approvals (specified in 5.3 below) and Implementation Documents (specified in 5.4.1 below) mutually contingent upon approval and effectiveness of all of the Required Approvals and Implementation Documents. 5.2 Key Definitions a.Approved/Approval: “Approved” or “Approval” refers to the process(es) prescribed by applicable local and/or state law by which the Required Approvals and the Implementation Documents are authorized by the applicable decisional authority. For example, this Specific Plan/LCPA is “approved” when the City Council has voted to adopt the resolution approving this Specific Plan/LCPA and the Coastal Commission’s certification of the LCPA is complete pursuant to Public Resources Code Sections 30512 and 30513. b.Effective: “Effective” refers to the time at which a Required Approval or an Implementation Document becomes final in the ordinary course of the administrative process for that approval as set forth in applicable local and/or state law. For example, the Coastal Commission’s regulations, specifically 14 CCR § 13544, specify when certification of the LCPA shall become “effective”. For purposes of this Specific Plan/LCPA, Required Approvals and Implementation Documents may specify a later “operative” date subsequent to the “effective” date. c.Operative: “Operative” refers to the time at which a Required Approval or an Implementation Document may be exercised, used, or implemented. For purposes of this Specific Plan/LCPA, Required Approvals and Implementation Documents may specify a later “operative” date subsequent to the “effective” date. -346- 5. Administration May 2017 5-1 April 2018 5-2 5.3 Required Approvals The development of the Windward Residential Parcel authorized by the Windward Specific Plan may not occur until all of the following (the “Required Approvals”) are “effective”: a. By the City (collectively, the “City Approvals”): •Approval of a Local Coastal Program Amendment (LCPA1), consisting of (1) an amendment to the Coastal Element of the City’s General Plan which functions as the Land Use Plan portion of the LCP, and (2) the “Windward Specific Plan,” comprised of a Zoning Text Amendment and a Zoning Map Amendment to the Implementation Plan portion of the LCP; •Approval of and entry into a Development Agreement (Windward DA) between the City and the Windward Owner pursuant to Government Code Sections 65864 et seq. in order to implement Alternative 2 of the Settlement; •Approval of a Coastal Development Permit (CDP) authorizing construction of a 36-unit townhome development and associated infrastructure and consisting of (1) a Tentative Tract Map subdividing the Windward Property into one numbered lot for residential development (the Windward Residential Parcel) and one lettered lot for open space (the Windward Open Space Parcel) and (2) a Conditional Use Permit allowing the development of the Windward Residential Parcel in accordance with the development standards set forth in the Windward Specific Plan and the LCPA (or as certified with suggested modifications as accepted by the City); and •Approval of grading, building, and similar ministerial permits. b. By the Coastal Commission (collectively, the “Commission Approvals”): •Certification of the LCPA, in accordance with the City Approvals (or with suggested modifications as accepted by the City); •Approval of the Windward DA, to the extent, if any, required by Government Code Section 65869, including with respect to its terms regarding the acquisition, conveyance, and deed restriction of the adjacent Goodell Property; and 1 All references to the “LCPA” refer to each of the components included within this bullet point. -347- 5. Administration May 2017 5-1 April 2018 5-3 •In the event the City’s approval of the CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal raises substantial issue(s) regarding conformity of the CDP with the LCP, approval by the Commission of a CDP. 5.4 Conditions Precedent to Required Approvals Becoming “Operative” 5.4.1 Assurances to City and Coastal Commission. To assure that development of the Windward Residential Parcel may not occur without the Windward Owner first taking the actions needed to implement the open space objectives of this Specific Plan and Alternative 2 of the Settlement. The documents required by subsections a, b, c and d below shall constitute Implementation Documents. Therefore, notwithstanding certification and effectiveness of (1)the LCPA by the Commission and (2) a CDP by the City or the Commission on appeal, the Specific Plan/LCPA and CDP shall not become “operative” until the following events have occurred: a.For the Windward Open Space Parcel: Offer or Grant. One of the following Implementation Documents related to the Windward Open Space Parcel has been recorded in a form acceptable to the City2: •An irrevocable offer to dedicate the Windward Open Space Parcel to the People of the State of California (Windward Offer). The Windward Offer must restrict the Windward Open Space Parcel to open space and resource conservation uses as set forth in the Windward Specific Plan. The Windward Offer shall run with the land for 21 years, binding all successors and assignees, and may be accepted by the State through a public agency or private nonprofit entity approved by the City. OR •A conveyance of fee title to the Windward Open Space Parcel to the Bolsa Chica Land Trust (BCLT) or to another accredited land trust or nonprofit entity approved by the City (Windward Conveyance). The Windward Conveyance must restrict the Windward Open Space Parcel to open space and resource conservation uses as set forth in the Windward Specific Plan. 2 In any case where this Specific Plan/LCPA states that a document must be acceptable to the City, that requirement will extend to the Executive Director of the Coastal Commission in the event a City-approved CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal raises substantial issue(s) regarding conformity of the CDP with the LCP. -348- 5. Administration May 2017 5-1 April 2018 5-4 b.For the Goodell Property: Offer or Grant. One of the following Implementation Documents related to the Goodell Property has been recorded in a form acceptable to the City: •An irrevocable offer to dedicate the Goodell Property to a public agency (Goodell Offer). The Goodell Offer must restrict the Goodell Property to open space and resource conservation uses as set forth in the Windward Specific Plan. The Goodell Offer shall run with the land for 21 years in favor of the People of the State of California, binding all successors and assignees. OR •A conveyance of fee title to the Goodell Property to either the BCLT or another accredited land trust or nonprofit entity approved by the City (Goodell Conveyance). The Goodell Conveyance must restrict the Goodell Property to open space and resource conservation uses as set forth in the Windward Specific Plan. c.For both the Windward Open Space Parcel and the Goodell Property: Deed Restrictions. Upon acceptance as to form by City, deed restrictions limiting the Windward Open Space Parcel and the Goodell Property to open space and resource conservation uses have been recorded in a form acceptable to the City. d.For both the Windward Residential Parcel and the Windward Open Space Parcel: Acceptance of LCPA. A document in a form acceptable to the City has been provided to the City and recorded, unequivocally stating that the Windward Owner (i) accepts the certified LCPA in form and substance, (ii) acknowledges that the Windward Residential Parcel and the Windward Open Space Parcel shall be subject to the provisions of the LCPA, and (iii) acknowledges that the LCPA has become effective. e.For the Windward Open Space Parcel and the Goodell Property: Title reports have been provided to the City for the Windward Open Space Parcel and the Goodell Property showing, to the satisfaction of the City, that those properties have been deed restricted and either offered for dedication or otherwise conveyed free of prior liens and encumbrances which would materially and adversely affect the interests being dedicated/conveyed. 5.4.2 Assurances to Windward Owner. To assure that the Windward Owner is not required to deed restrict and convey the Windward Open Space Parcel and, pursuant to the Windward DA, deed restrict and convey the Goodell Property as set forth above without having the right to develop the Windward Residential Parcel, the Implementation Documents specified in Section 5.4.1 shall contain -349- 5. Administration May 2017 5-1 April 2018 5-5 language that each respective Implementation Document does not become operative until: a. All of the Required Approvals have been approved and have become effective; and b. Either the time for legal challenges to each of the Required Approvals has expired and/or legal challenges which have been made have terminated or resolved with all Required Approvals remaining intact and effective. 5.5 Development Agreement No. 16-001 Through the Windward DA, which was voluntarily requested of the City by the Windward Owner to implement the Settlement, the Windward Owner has voluntarily agreed that the recording of the applicable Implementation Documents in accordance with 5.4.1 above shall be a condition precedent to this Specific Plan/LCPA and any CDP for the development of the Windward Residential Parcel becoming operative. The Windward DA was approved by the City Council concurrently with the approval of the Windward Specific Plan and LCPA and reflects the requirements of Section 5.3 above. 5.15.6 Enforcement of the Specific Plan/LCPA The Specific Plan/LCPA serves both a planning and regulatory function. It is the vehicle by which the City of Huntington Beach Local Coastal Program and General Plan isare implemented for the Windward property. Property. If there is a conflict found between thisthe Windward Specific Plan and the HBZSO, the contents of thisthe Windward Specific Plan shall prevail. Where the Windward Specific Plan is silent, the provisions of the HBZSO shall apply. The Community Development Department shall be responsible for interpreting and enforcing the site development standards and design guidelines set forth in the Windward Specific Plan. 5.25.7 Methods and Procedures 5.2.1 Land Use Entitlements All development in the Specific Plan shall be subject to approval of a Coastal Development Permit and a Conditional Use Permit by the Planning Commission as permitted in Section 3.3.1 of this Specific Plan in accordance with the provisions of the HBZSO. Additional entitlements necessary to develop the property in accordance with this Specific Plan (e.g. – tentative tract map) shall be processed in accordance with applicable provisions of the HBZSO. 5.2.25.7.1 Zoning Text Amendments -350- 5. Administration May 2017 5-1 April 2018 5-6 A Zoning Text Amendment shall be required for changes to the Windward Specific Plan and processed in accordance with the provisions of Chapter 247 of the HBZSO. Zoning Text Amendments shall require an amendment to the City’s Local Coastal Program and shall not take effect until certified by the California Coastal Commission and subsequently accepted by the City pursuant to 14 CCR § 13544. 5.2.35.7.2 Hearings All local public hearings held relative to thisthe Windward Specific Plan shall be administered peraccording to the applicable provisions of the HBZSO. 5.2.45.7.3 Appeals Any local decision, determination or requirements may be appealed in accordance with applicable provisions of the HBZSO. 5.35.8 Maintenance Mechanisms AAs a condition of issuance for any CDP for development of the Windward Residential Parcel, a homeowner’s association for the Windward Residential Parcel (HOA) shall be formed for the and, through its CC&Rs (see Chapter 3, Section 3.5.13-3 above), be responsible for: a. The permanent care and maintenance of common area development projects, repair, and replacement of all HOA-owned improvements within the Specific Plan Area and the City-owned trail parcel. Common area development includes privately-owned streetscommon areas of the Windward Residential Parcel, including landscaping, irrigation, common vehicular driveways, parking, recreation, open space, landscaped areas, community walls and fences, and community facilities, drainage facilities, water quality BMP’s, and private service utilities. b. Until the Windward Open Space Parcel is transferred to a governmental agency or to a qualified non-profit organization pursuant to Section 5.4.1.a above, the maintenance, repair, and replacement of the public improvements within the Windward Open Space Parcel which are described in Chapter 4 and which include a decomposed granite trail, bench, trail fencing, directional and interpretive signage, and the approved landscaping. c. The maintenance of the public improvements for the City Property described in Chapter 4 and shown on Exhibit 4-1, including, but not limited to, the trail, signage, trail fencing, and landscape improvements. -351- 5. Administration May 2017 5-1 April 2018 5-7 d. Entering into a Landscape Maintenance Agreement with the City describing the HOA’s maintenance obligations with respect to the public improvements for the City Property described in Chapter 4 and shown on Exhibit 4-1, including, but not limited to the trail, signage, trail fencing, and landscape improvements. -352- 6. Appendices May 2017April 2018 6-1 6 APPENDICES 6.1 Architectural Character The architectural character for the Windward Residential Parcel development (Windward Community) follows a Mid-Century Modern theme, with strong linear elements and bold horizontal and vertical features. A variety of exterior materials are utilized including wood, stone, stucco, and glass (see Architectural Style, Exhibit 6-1). The mid-century modern architectural style provides “four-sided” architecture with a variety of architectural elements on all four sides of the home, thus eliminating a flat plane on any side. -353- 6. Appendices May 2017April 2018 6-2 Exhibit 6-1 Architectural Style 11x17 -354- 6. Appendices May 2017April 2018 6-3 6.2 Residential Landscape Design Concept Community design concepts and details for the Windward Community are presented in this Specific Plan in order to establish a comprehensive theme that blends the landscape with the architecture. Residents and visitors will experience the Windward Community as an upscale design with select palm species, canopy trees and plantings that complement the Modern design of the architecture. Careful consideration is also given to providing a landscape plan for the residential area that is compatible with the adjacent environment (see Exhibit 6-2, Residential Landscape Plan). The elements included in this plan include: •Project Entry, •Recreation Area, •Wall and Fence Design, •Open Space Trails, and •Plant Palette. 6.2.1 Project Entry – Bolsa Chica Street The Windward Community primary entrance is located at the southern part of the community along Bolsa Chica Street. The entry design includes project signage, (see Exhibit 6-3, Community Signage), that is framed by a backdrop of evergreen plant materials. There is a secondary point of ingress/egress north of the primary entrance which will offer right in and right out access only. This secondary access will not include project signage. 6.2.2 Recreation Area The recreation area, shown on Exhibit 6-4, Community Recreation Area Plan, is located in the northern portion of the project will benefit from the existing landscape located on the Los Patos/Bolsa Chica corner providing both a sense of privacy and a large-scale, visual evergreen backdrop. Anticipated amenities for the Windward Community residents include a swimming pool with lap-lane, fireplace/gathering area and grilling station. 6.2.3 Wall and Fence Design The Community Wall and Fence Plan, Exhibit 6-5, describes locations and materials that are consistent with the adjacent communities while being unique to the Windward developmentCommunity. Wall and Fence Elevations are depicted in Exhibit 6-6. Walls and fences, up to a maximum of 6 feet in height, are permitted in front setback areas. Pilasters shall be a maximum of 6 feet 6 inches in height. -355- 6. Appendices May 2017April 2018 6-4 6.2.4 Open Space Trail The Windward communityCommunity open space design includes an approximate 0.4-mile loop trail (Windward Loop Trail) which can be accessed from the primary or secondary entry depicted on Exhibit 6-7, Trails Plan and Section. The trail consists of a concrete sidewalk along Bolsa Chica street and a connecting, six foot (6’) wide, decomposed granite trail that extends east through the City-owned property Property above the northern Windward development areaProperty boundary, south through the Windward Open Space Parcel and returns west back to Bolsa Chica Street. The trail experienceWindward Loop Trail includes directional and interpretive signage isas shown on Exhibit 6-8, Public Access Signage Plan, open space trail fencing and an overlook area with bench seating. In addition to the Windward loop trailLoop Trail, connections to other local trail systems are available, as shown on Exhibit 4-1, Open Space /Passive Parkand Resource Conservation Concept Plan. 6.2.5 Plant Palette The plant palette for the Windward Residential AreaCommunity has been separated into two distinct use areas, the Community Plant Palette and the Private Residential Plant Palette. The plant palette, described in Section 6.1, also includes prohibited plant species within the community.Windward Community. These use areas contain unique plant palettes, which will assure the implementation of the community theme. The plant palettes for the residential area are drawn from the Coastal Commission-approved plant palette for the Brightwater Community. Plant species that are considered invasive are prohibited from use by the homeowners. The plant palette for the Open Space Areaopen space area of the Windward Community can be found within Table 4-1, Conceptual Open Space Native Plant Palette. -356- 6. Appendices May 2017April 2018 6-5 Exhibit 6-2 Residential Landscape Plan -357- 6. Appendices May 2017April 2018 6-6 Exhibit 6-3 Community Signage 11x17 -358- 6. Appendices May 2017April 2018 6-7 Exhibit 6-4 Community Recreation Area Plan -359- 6. Appendices May 2017April 2018 6-8 Exhibit 6-5 Wall and Fence Plan 11x17 -360- 6. Appendices May 2017April 2018 6-9 Exhibit 6-6 Wall and Fence Elevations 11x17 -361- 6. Appendices May 2017April 2018 6-10 Exhibit 6-7 Trails Plan and Section 11x17 -362- 6. Appendices May 2017April 2018 6-11 Exhibit 6-8 Public Access Signage Plan -363- 6. Appendices May 2017April 2018 6-12 Table 6-1 Residential Landscape Plant Palette Botanical Name Common Name COMMUNITY – HOA MAINTAINED – TREES Arbutus unedo Strawberry Tree Archontophoenix cunninghamiana King Palm Brachychiton populneus Bottle Tree Cercis occidentalis Western Redbud Cinnamomum camphora Camphor Tree Citrus species Citrus Cocos plumosa Queen Palm Eriobotrya deflexa Bronze Loquat Erythrina coralloides Coral Tree Feijoa sellowiana Pineapple Guava Ficus florida Florida Fig Ficus nitida ‘Green Gem’Indian Laurel Fig –Green Gem Ficus rubiginosa Rustyleaf Fig Ginkgo biloba Maidenhair Tree Lagerstroemia species Crape Myrtle Magnolia grandiflora SPP.Southern Magnolia Melaleuca nesophila Pink Melaleuca Melaleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Phoenix canariensis Canary Island Date Palm Phoenix dactylifera Date Palm Pinus eldarica Eldarica Pine Platanus racemosa California Sycamore Podocarpus gracilior Fern Pine Prunus caroliniana Carolina Laurel Cherry Tristania conferta Brisbane Box Tupidanthus calyptratus Tupidanthus COMMUNITY – HOA MAINTAINED – SHRUBS Agapanthus africanus Lily-of-the-Nile Agave americana Century Plant Agave attenuate Fox Tail Agave Agave shawii Shaw’s Agave Aloe arborescens Tree Aloe Aloe vera Medicinal Aloe Buxus japonica Japanese Boxwood Camellia japonica Camellia Campanula poscharskyana Serbian Bellflower Carex spissa San Diego Sedge Carissa macrocarpa ‘Fancy’Natal Plum -364- 6. Appendices May 2017April 2018 6-13 Residential Landscape Plant Palette Botanical Name Common Name Ceanothus gloriosus ‘Point Reyes’Point Reyes Ceanothus Ceanothus griseus var. ’Yankee Point’Yankee Point Ceanothus Clivia miniata Kaffir Lily Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Crassula argentea Jade Plant Cyathea cooperi Australian Tree Fern Dicksonia antarctica Tasmanian Tree Fern Dietes vegeta Fortnight Lily Dodonaea viscose Hopseed Bush Escallonia ‘fradesii’Pink Escallonia Grevillea ‘Noellii’Grevillea Hebe buxifolia Boxleaf Hebe Helictotrichon sempervirens Blue Oat Grass Hemerocallis hybrid ‘Mountain Violet’Daylily Hemerocallis hybrids Evergreen Daylily Kniphofia uvaria Red Hot Poker Lantana sellowiana Trailing Lantana Lavandula pedunculata ‘Atlas’Spanish Lavender Ligustrum japonicum Japanese Privet Ligustrum japonicum ‘Texanum’Waxleaf Privet Miscanthus sinensis ‘Yakushima’Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lindheimer’s Muhly Grass Muhlenbergia rigens Deer Grass Myoporum ‘Pacificum’NCN Myoporum parvilfolium NCN Nephrolepis exaltata Sword Fern Nolina bigelovii Bigelow’s bear grass Philodendron selloum Big Leaf Philodendron Phoenix roebelenii Pigmy Date Palm Phormium tenax New Zealand Flax Pittosporum crassifolium ‘Nana’Dwarf Karo Pittosporum tobira Mock Orange Podocarpus spp.Fern Pine Rhaphiolepis indica India Hawthorn Rosmarinus officinalis Rosemary Schefflera actinophylla Schefflera Schefflera actinophylla Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum Blue-eyed grass Solanum xantii Purple Nightshade Strelitzia nicolai Giant Bird of Paradise Strelitzia reginae Bird of Paradise -365- 6. Appendices May 2017April 2018 6-14 Residential Landscape Plant Palette Botanical Name Common Name Trachelospermum jasminoides Star Jasmine Viburnum suspensum Sandankwa Viburnum Westringia fruticosa Coast Rosemary Xylosma congestum ‘Compacta’Xylosma Xylosma congestum ‘Ed Dorado’Dwarf Xylosma Yucca filamentosa ‘Variegata’Variegated Yucca Yucca species Yucca COMMUNITY – HOA MAINTAINED – VINES Bougainvillea spp.Bougainvillea Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood-Red Trumpet Vine Grewia occidentalis Lavender Starflower Pandorea jasminoides Bower Vine Rosa banksiae ‘Alba Plena’Climbing Rose Trachelospermum jasminoides Star Jasmine COMMUNITY – HOA MAINTAINED – GROUNDCOVER Armeria martima Common Thrift Baccharis pilularis ‘Pigeon Point’Coyote Bush Dymondia margaretae Silver Carpet Festuca ovina glauca Blue Fescue Lantana sellowiana Trailing Lantana Senecio mandraliscae Blue Chalksticks Verbena hybrida Garden Verbena COMMUNITY – HOA MAINTAINED – TURF Marathon II ‘Festuca Arundinacea’Dwarf Tall Fescue -366- 6. Appendices May 2017April 2018 6-15 Residential Landscape Plant Palette Botanical Name Common Name PRIVATE RESIDENTIAL LOTS - TREES Acer macrophyllum Big Leaf Maple Acer negundo var. californicum California Box Elder Acer palmatum Japanese Maple Aesculus californica California Buckeye Arbutus unedo Strawberry Tree Arctostaphylos glauca Bigberry Manzanita Arctostaphylos insularis Island Manzanita Brachychiton populneus Bottle Tree Ceratonia siliqua Carob Cercis occidentalis Western Redbud Cinnamomum camphora Camphor Tree Citrus species Citrus Dicksonia Antarctica Tree Fern Eriobotrya deflexa Bronze Loquat Eriobotrya japonica Loquat Feijoa sellowiana Pineapple Guava Ficus florida Florida Fig Ficus nitida ‘Green Gem’Indian Laurel Fig –Green Gem Ficus rubiginosa Rustyleaf Fig Fraxinus dipetala Callfornia Ash Ginkgo biloba Maidenhair Tree Juglans californica California Black Walnut Lagerstroemia indica Crape Myrtle Lagerstroemia species Crape Myrtle Lauris nobilis Grecian Laurel Liriodendron tulipfera Tulip Tree Lyonthamnus floribundus ssp. Asplenifolius Fernleaf Ironwood Macadamia integrifolia Macadamia Nut Magnolia grandiflora Southern Magnolia Maytenus boaria Mayten Tree Melaleuca nesophila Pink Melaleuca Melaleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Pistacia chinesis Chinese Pistache Pittosporum undulatum Victoria Box Platanus racemosa California Sycamore Plumeria rubra Egyptian Starcluster Podocarpus gracilior Fern Pine Prunus caroliniana Carolina Laurel Cherry Ptelea crenulata California Hoptree Rhus integrifolia Lemonade Berry -367- 6. Appendices May 2017April 2018 6-16 Residential Landscape Plant Palette Botanical Name Common Name Rhus lancea African Sumac Rhus laurina Laurel Sumac Sambucus mexicana Mexican Elderberry Tabebuia chrysotricha Golden Trumpet Tree Tabebuia impetiginosa Pink Trumpet Tree Tabebuia ipe Trumpet Tree Tristania conferta Brisbane Box Tristania laurina NCN Tupidanthus calyptratus Tupidanthus PRIVATE RESIDENTIAL LOTS -SHRUBS Abelia grandiflora ‘Edward Goucher’Abelia Abutilon ‘Moon Chimes’Parlor Maple Achillea millefolium var. californica Western yarrow Agapanthus africanus Lily-of-the-Nile Agave attenuata Foxtail Agave Agave shawii Shaw’s Agave Agave vilmoriniana Octopus Agave Aloe arborescens Tree Aloe Aloe Vera Medicinal Aloe Alyogyne huegelii Blue Hibiscus Armeria martima Common Thrift Asclepias speciose Showy milkweed Aster chilensis California Aster Baccharis pilularis ‘Pigeon Point’Coyote Bush Baccharis pilularis ‘Twin Peaks #2’Dwarf Coyote Bush Baccharis pilularis ‘Twin Peaks’Coyote Bush Prostrate Baccharis salicifolia Mulefat Begonia ‘Richmondensis’Richmond Begonia Bergenia cordifolia Winter Saxifage Bougainvillea ‘Tahitian Maid’Double Bougainvillea Calystegia macrostegia California Morning Glory Camellia japonica Camellia Campanula portenschlagiana Dalmatian Bellflower Campanula poscharskyana Serbian Bellflower Carex spissa San Diego Sedge Carissa macrocarpa Green Carpet Natal Plum Carissa macrocarpa ‘Fancy’Natal Plum Castilleja foliolosa Wooly Indian paintbrush Ceanothus spp.Ceanothus Cerastium tomentosum Snow-in-Summer Cercis occidentalis Western Redbud Chrysanthemum leucanthemum Oxeye Daisy -368- 6. Appendices May 2017April 2018 6-17 Residential Landscape Plant Palette Botanical Name Common Name Cistus hybridus White Rockrose Cistus incanus ssp. Corsicus NCN Cistus purpereus Orchid Spot Rockrose Cistus salviifolius Sageleaf Rockrose Cistus x purpereus Orchid Rockrose Clivia miniata Kaffir Lily Comarostaphylis diversifolia Summer Holly Conolvulus cneorum Bush Morning Glory Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Coreopsis gigantea Giant coreopsis Coretherogyne filaginifolia California aster Cotoneaster aprneyi NCN Cotoneaster buxifolius NCN Crassula argentea Jade Plant Crassula argentea ‘Crosby’Miniature Jade Plant Crassula ovata Jade Tree Cuphea hyssopifolia False Heather Delosperma cooperi Hardy Ice Plant Dendromecon rigida Bush Poppy Dietes vegeta Fortnight Lily Dodonaea viscose Hopseed Bush Dudleya abramsil spp. murina San Luis Obispo Dudleya Dudleya caespitosa Coast Dudleya Dudleya edulis San Diego Dudleya Dudleya hassei Catalina Island Live Forever Dudleya lanceolata Lanceleaf Liveforever Dudleya pulverulenta Chalk Liveforever Erigeron karvinskianus Santa Barbara Daisy Eriogonum arborescens Santa Cruz Island Buckwheat Eriogonum giganteum St. Catherine’s Lace Eriophyllum confertiflorum Golden Yarrow Escallonia ‘fradesii’Pink Escallonia Escallonia species Escallonia Varieties Eschscholzia californica California Poppy Feijoa sellowiana Pineapple Guava Frangula californica California Coffeeberry Fuchsia ‘Gartenmeister Bonstedt’Honeysuckle Fuschia Galvezia speciose Island snapdragon Gardenia jasminoides Gardenia Garrya elliptica James Reef Silk Tassel Grevillea ‘Noellii’Grevillea Grewia occidentalis Starflower -369- 6. Appendices May 2017April 2018 6-18 Residential Landscape Plant Palette Botanical Name Common Name Hardenbergia comptoniana Lilac Vine Helictotrichon sempervirens Blue Oat Grass Hemerocallis hybrid ‘Mountain Violet’Daylily Heteromeles arbutifolia ‘Davis Gold’Toyon Heuchera ‘Autumn Leaves’Coral Bells Heuchera ‘Purple Palace’Alum Root Heuchera maxima Channel Islands Coral Bells Hibiscus spp.Hibiscus Holodiscus discolor Ocean spray Hypericum calycimum Aaron’s Beard Iris douglasiana Douglas Iris Jasminum nudiflorum Winter Jasmine Kniphofia uvaria Red Hot Poker Lantana camara cultivars Yellow Sage Lantana camara montevidensis Trailing Lantana Lantana sellowiana Trailing Lantana Lavandula dentata French Lavender Lavandula pedunculata ‘Atlas’Spanish Lavender Lepechinia fragrans Island Pitcher Sage Leptospermum lae. ‘Vigatum’Australian Tea Tree Leucophyllum frutecens Texas Ranger Ligustrum japonicum Japanese Privet Limonium perezii Sea Lavender Liriope “Silvery Sunproof’Monkey Grass Lonicera japonica ‘Halliana’Hall’s Japanese Honeysuckle Lonicera subspicata Wild Honeysuckle Lonicera subspicata var. denudata Chaparral Honeysuckle Mahonia aquifolium ‘Golden Abundance’Golden Abundance Oregon Grape Mahonia nevenii Nevin Mahonia Malacothamnus fasciculatus Chaparral Mallow Miscanthus sinensis ‘Yakushima’Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lindheimer’s Muhly Grass Myoporum ‘Pacificum’NCN Myoporum debile NCN Myoporum parvilfolium NCN Myrtus communis True Myrtle Nephrolepis exaltata Sword Fern Nerium Oleander Oleander Nolina bigelovii Bigelow’s bear grass Nolina cismontane Chapparal Nolina Nolina species Mexican Grasstree Opuntia littoralis Prickly Pear -370- 6. Appendices May 2017April 2018 6-19 Residential Landscape Plant Palette Botanical Name Common Name Opuntia oricola Oracle Cactus Osteospermum fruticosum Trailing African Daisy Pachysandra terminalis Pachysandra Paeonia californica California Peony Penstemon heterophyllus Margarita Bop' Blue Bedder Penstemon heterophyllus var. australis Foothill Penstemon Penstemon spectabilis Showy Penstemon Pentas lanceolata Egyptian Starcluster Philadelphus lewisii Lewis’ mock orange Philodendron selloum Big Leaf Philodendron Phormium tenax New Zealand Flax Photinia x fraseri Fraser’s Photinia Pittosporum crassifolium ‘Nana’Dwarf Karo Pittosporum tobira Mock Orange Prunus caroliniana Carolina Cherry Laurel Prunus illcifolia Hollyleaf Cherry Prunus lyonii Catalina Cherry Punica granatum Pomegranate Pycanthemum californicum Mountain Mint Quercus berberdifolia California Scrub Oak Quercus dumosa Coastal Scrub Oak Rhamnus calfornica Coffeeberry Rhaphiolepis indica Indian Hawthorn Rhus integrifolia Lemonade Berry Rhus ovata Sugarbush Ribes aureum var. gracillimum Golden Currant Ribes indecorum White Flowering Currant Romneya coulteri Matilija Poppy Romneya coulteri ‘White Cloud’ White Cloud Matilija Poppy Rosmarinus officinalis Rosemary Rumohra adiantiformis Leatherleaf Fern Salvia ‘Bee's Bliss’ Bee's Bliss Sage Salvia alpiana White Sage Salvia clevelandii winifred ’Gilman’Cleveland Sage Salvia greggii Autum Sage Salvia sonomensis Creeping Sage Salvia spathacea Hummingbird Sage Sambucus mexicana Mexican Elderberry Santolina cha. ‘Nana’Lavendar Cotton Santolina virensn Green Lavender Cotto Satureja chandleri San Miguel Savory Schefflera actinophylla Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum California Blue-eyed grass -371- 6. Appendices May 2017April 2018 6-20 Residential Landscape Plant Palette Botanical Name Common Name Solanum xantii Purple Nightshade Solanum xantiiPurple Nightshade Solidago velutina ssp. californica California Goldenrod Stachys bullata Hedge Nettle Strelitzia nicolai Giant Bird of Paradise Strelitzia reginae Bird of Paradise Teucrium fruticans and cultivars Bush Germander Thalictrum fendleri var. polycarpum Mountain Meadow Rue Thuja occidentalis ‘Globosa’White Cedar Trachelospermum asiaticum Ivory Star Jasmine or Asian Jasmine Trachelospermum jasminoides Star Jasmine Tulbaghia violacea Society Garlic Venegasia carpesioides Canyon Sunflower Viburnum suspensum Sandankwa Viburnum Viguiera laciniata San Diego Sunflower Xylosma congestum Shiny Xylosma Xylosma congestum ‘Compacta’Xylosma Xylosma congestum ‘Ed Dorado’Dwarf Xylosma Yucca baccata Banana Yucca Yucca filamentosa ‘Variegata’Variegated Yucca Yucca rigida Blue Yucca Yucca Species Yucca Yucca whipplei Yucca Zauschneria californica ‘Catalina Island’California Fuchsia Zephyranthes candida Autumn Zephyrlily PRIVATE RESIDENTIAL LOTS - VINES Bougainvillea spp.Bougainvillea Calliandra haematocephala Pink Powder Puff Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood-Red Trumpet Vine Grewia occidentalis Lavender Starflower Hardenbergia violacea Hardenbergia Macfadyena unguis-cati Cat’s Claw Mandevilla splendens Alice du Pont Mascagnia macroptera Golden Vine Pandorea jasminoides Bower Vine Parthenocissus tricuspidata Boston Ivy Rosa banksiae ‘Alba Plena’Climbing Rose Trachelospermum jasminoides Star Jasmine PRIVATE RESIDENTIAL LOTS - GROUNDCOVER Aptenia cordifolia x Red Apple Strawberry Armeria martima Common Thrift -372- 6. Appendices May 2017April 2018 6-21 Residential Landscape Plant Palette Botanical Name Common Name Artemisia caucasica Caucasian Artesmisia Baccharis pilularis Dwarf Coyote Bush Baccharis pilularis ‘Pigeon Point’Coyote Bush Baccharis pilularis ‘Twin Peaks #2’Dwarf Coyote Bush Baccharis pilularis ‘Twin Peaks’Coyote Bush Prostrate Cistus crispus NCN Corea pulchella Australian Fuscia Coresopsis lancelata Coreopsis Crassula lacteal NCN Crassula multicava NCN Crassula tetragona NCN Delosperma ‘alba’White Trailing Ice Plant Dimorphotheca aurantiaca African Daisy Drosanthemum floribundum Rosea Ice Plant Drosanthemum hispidum NCN Drosanthemum speciosus Dewflower Dymondia margaretae Silver Carpet Festuca ovina glauca Blue Fescue Fragaria chiloensis Wild Strawberry/Sand Strawberry Gazania ‘Copper King’Gazania Gazania ‘Moonglow’Gazania Gazania hybrid ‘Mitsua Yellow’Semi-trailing Yellow Gazania Gazania hybrids South African Daisy Gazania rigens leucolaena Trailing Gazania Hedera canariensis English Ivy Iberis sempervirens Evergreen Candytuft Iberis umbellatum Globe Candytuft Lampranthus filicaulis Redondo Creeper Lampranthus spectabilis Trailing Ice Plant Lamprathus aurantiacus Bush Ice Plant Lantana sellowiana Trailing Lantana Lasthenia californica Dwarf Goldfields Lupinus arizonicus Desert Lupine Lupinus benthamii Spider Lupine Lupinus bicolor Sky Lupine Lupinus sparsiflorus Loosely flowered Annual Lupine/ Coulter’s Ophiopogon ‘Nigrescens Black’Black Mondo Grass Ophiopogon japonicus Mondo Grass Osteospermum ‘Buttermilk’Osteospermum Osteospermum fru. ‘African Queen’Trailing African Daisy Osteospermum fru. ‘Burgundy’Trailing African Daisy Osteospermum fru. ‘Whirligig’Trailing African Daisy Osteospermum fruticosum Freeway Daisy -373- 6. Appendices May 2017April 2018 6-22 Residential Landscape Plant Palette Botanical Name Common Name Osteospermum fruticosum ‘Hybrid White’Freeway Daisy Pelargonium peltatum Ivy Geranium Pratia pedunculata Star Creeper Sagina subulata Irish Moss Sagina subulata ‘Aurea’ Scotch Moss Santolina cha. ‘Nana’Lavendar Cotton Verbena hybrida Garden Verbena Verbena peruviana species Verbena Viola hederacea Australian Violet PRIVATE RESIDENTIAL LOTS - SUCCULENTS Aeonium ‘Kiwi’ Kiwi Aeonium Echeveria agavoides ‘Red’ Red Edge Echeveria Echeveria elegans Mexican Snowball Echeveria imbricate Hens and Chicks Kalanchoe thyrisiflora Paddle Plant Sedum pachyphyllum Stonecrop Sedum rubrotinctum Pork and Beans Senecio mandraliscae Blue Chalksticks PRIVATE RESIDENTIAL LOTS - TURF Marathon II ‘Festuca Arundinacea’Dwarf Tall Fescue Turf A-G Sod Farms Inc. -Elite Plus PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES Adenostoma fasciculatum Chamise Adenostoma sparsifolium Red Shanks Aegilops triuncialis Barbed Goatgrass Ageratina adenophora Crofton Weed Ailanthus altissima Tree Of Heaven Alhagi pseudalhagi Camel Thorn Ammophila arenaria European Beachgrass Anthemix cotula Mayweed Arctotheca calendula Capeweed Artemisia californica California Sagebrush Arundo donax Giant Reed Atriplex semibaccata Australian Saltbush Avena barbata Slender Oat Avena fatua Wild Oat Bassia hyssopifolia Fivehorn Smotherweed Bellardia trixago Mediterranean Lineseed Brachypodium distachyon Purple False Brome Brassica nigra Black Mustard Brassica rapa Wild Turnip, Yellow Mustard, Field Mustard -374- 6. Appendices May 2017April 2018 6-23 Residential Landscape Plant Palette Botanical Name Common Name Brassica tournefortii Asian Mustard Bromus diandrus Ripgut Brome Bromus rubens Red Brome Bromus tectorum Cheatgrass Cardaria chalapensis Lenspod Whitetop Cardaria draba Hoary Cress, Perennial Peppergrass Cardaria draba Whitetop Carduus pycnocephalus Italian Plumeless Thistle Carpobrotus edulis Hottentot Fig Centaurea calcitrapa Purple Starthistle Centaurea masculosa Spotted Knapweed Centaurea melitensis Maltese Star-Thistle Centaurea solstitialis Yellow Star-Thistle Cirsium arvense Canada Thistle Cirsium vulgare Wild Artichoke, Bull Thistle Conicosia pugioniformis Narrow-Leaved Iceplant Conium maculatum Poison Hemlock Conyza canadensis Horseweed Cortaderia jubata Purple Pampas Grass Cortaderia selloana Pampas Grass Cotoneaster lacteus Milkflower Cotoneaster Cotoneaster pannosus Silverleaf Cotoneaster Crataegus monogyna Oneseed Hawthorn Crupina vulgaris Common Crupina Cynara cardunculus Artichoke Thistle Cytisus scoparius Scotchbroom Cytisus striatus Striated Broom Delairea odorata Capeivy Egeria densa Brazilian Waterweed Ehrharta calycina Perennial Veldtgrass Ehrharta erecta Panic Veldtgrass Eichhornia crassipes Common Water Hyacinth Elaeagnus angustifolia Russian Olive Erechtites glomerata Cutleaf Burnweed Erechtites minima Coastal Burnweed Eriogonum fasciculatum Common Buckwheat Eucalyptus globulus Tasmanian Bluegum Euphorbia esula Leafy Spurge Festuca arundinacea Tall Fescue Ficus carica Edible Fig Foeniculum vulgare Sweet Fennel Genista monspessulana French Broom Halogeton glomeratus Saltlover -375- 6. Appendices May 2017April 2018 6-24 Residential Landscape Plant Palette Botanical Name Common Name Hedera helix English Ivy Helichrysum petiolare Strawflower Heterotheca grandiflora Telegraph Plant Holcus lanatus Common Velvetgrass Hydrilla verticillata Hydrilla Hypericum perforatum St. John's Wort Ilex aquifolium English Holly Iris pseudacorus Paleyellow Iris Lactuca serriola Prickly Lettuce Lepidium latifolium Broadleaved Pepperweed Leucanthemum vulgare Oxeye Daisy Lolium perenne Perennial Ryegrass Lupinus arboreus Yellow Bush Lupine Lythrum salicaria Purple Loosestrife Mentha pulegium Pennyroyal Mesembryanthemum crystallinum Common Iceplant Myoporum laetum Ngaio Tree Myriophyllum aquaticum Parrot Feather Watermilfoil Myriophyllum spicatum Eurasian Watermilfoil Nicotiana bigelevil Indian Tobacco Nicotiana glauca Tree Tobacco Olea europaea Olive Ononis alopecuroides Foxtail Restharrow Pennisetum setaceum Crimson Fountaingrass Phalaris aquatica Bulbous Canarygrass Potamogeton crispus Curly Pondweed Retama monosperma Bridal Broom Ricinus communis Castor Bean Plant Robinia pseudoacacia Black Locust Rubus discolor Himalayan Blackberry Sacsola austails Russian Thistle/Tumbleweed Salvia mellifera Black Sage Salvinia molesta Giant Salvinia Sapium sebiferum Chinese Tallow Tree Saponaria officinalis Bouncingbet Schinus molle Peruvian Peppertree Schinus terebinthifolius Brazilian Peppertree Schismus arabicus Arabian Schismus Schismus barbatus Common Mediterranean Grass Senecio jacobaea Tansy Ragwort Sesbania punicea Rattlebox Silybum marianum Milk Thistle Spartina alterniflora Smooth Cordgrass -376- 6. Appendices May 2017April 2018 6-25 Residential Landscape Plant Palette Botanical Name Common Name Spartina anglica Common Cordgrass Spartina densiflora Denseflower Cordgrass Spartina patens Saltmeadow Cordgrass Spartium junceum Spanish Broom Taeniatherum caput-medusae Medusahead Tamarix chinensis Fivestamen Tamarisk Tamarix gallica French Tamarisk Tamarix parviflora Smallflower Tamarisk Tamarix ramosissima Saltcedar Ulex europaeus Common Gorse Urtica urens Burning Nettle Verbascum thapsus Common Mullein Vinca major Bigleaf Periwinkle PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES - ORNAMENTAL Corraders sp Pampas Grass Cupressus sp Cypress Eucalyptus sp Eucalyptus Juniperus sp Juniper Pinus sp Pine PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES - PALMS Brahea armata Mexican Blue Palm Brahea brandegeei San Jose Hesper Palm Brahea edulis Guadalupe Palm Butia capitata Pindo Palm Caryota cummingii Himalayan Fish Tail Palm Caryota urens Himalayan Fish Tail Palm Chamaedorea eerumpens Bamboo Palm Chamaedorea humilis Mediterranean Fan Palm Cycas revoluta Sago Palm Trachycarpus fortunei Windmill Palm Washingtonia filifera California Fan Palm Washingtonia robusta Mexican Fan Palm -377- 6. Appendices May 2017April 2018 6-26 6.3 Infrastructure 6.3.1 Circulation Vehicular access to the Windward Specific Plan AreaCommunity is from two access drives along Bolsa Chica Street (see Exhibit 6-9, Circulation Plan). The southern access is located across from existing Sandover Drive. The northern access is right in/right out only due to the existing median in Bolsa Chica Street. A private street system provides access to each of the housing units. Roadways within the Specific Plan AreaWindward Community shall be a minimum 24-feet in width (see Exhibit 6-10, Street Sections). Vehicular turnarounds are provided at the north and south ends of the private streets. The parkway on the east side of Bolsa Chica Street will be improved with a pedestrian sidewalk which will allow access from Los Patos Avenue to the southern boundary of the Windward Specific Plan Area. 6.3.2 Grading Plan The Grading Plan for the Windward Residential Parcel is illustrated on Exhibit 6- 11, Grading Plan, which shows spot elevations for roads and finish floor elevations. The entire grading operation will be completed in one phase. Exhibit 6-12, Cut and Fill Plan, identifies the proposed Cut and Fill for the grading operations. -378- 6. Appendices May 2017April 2018 6-27 Exhibit 6-9 Circulation Plan -379- 6. Appendices May 2017April 2018 6-28 Exhibit 6-10 Street Sections 11x17 -380- 6. Appendices May 2017April 2018 6-29 Exhibit 6-11 Grading Plan -381- 6. Appendices May 2017April 2018 6-30 Exhibit 6-12 Cut and Fill Plan -382- 6. Appendices May 2017April 2018 6-31 6.3.3 Drainage Plan The Drainage Plan for the Windward Residential Parcel is illustrated on Exhibit 6- 13, Storm Drain, Water, and Wastewater Plan. It shows a proposed storm drain line located within the Windward Residential Parcel private roadway system which will connect to an existing storm drain within Bolsa Chica Street. Two catch basins will be constructed to capture storm runoff within the development and prevent it from discharging into the adjacent open space areas. Once it is collected on-site, the drainage from the Windward developmentResidential Parcel will be conveyed to an existing storm drain in Bolsa Chica Street that is part of the drainage system for the neighboring Brightwater community. The Windward Community will utilize Brightwater’s Coastal Commission-approved (CDP 5-05-20) storm drain system which uses a state of the art filtration system (STORMFILTER) to treat runoff before it is discharged into the Bolsa Chica lowlands. The system uses storm drain pipes to convey runoff to an underground concrete structure where it flows through a number of media filter cartridges that remove pollutants from the water before discharging it. The entire drainage area for the Windward Residential Parcel was included in the design of the Brightwater storm drain system so there is sufficient capacity in the system to accommodate flows from the property.Windward Residential Parcel. The Best Management Practices (BMPs) included in the Brightwater Water Quality Management Plan were also designed to treat runoff from the Windward Property. An amendment to the Brightwater Water Quality Management Plan (WQMP) to incorporate the Windward projectResidential Parcel development will be submitted to the cityCity. 6.3.4 Domestic Water Plan The Water Plan for the Windward Community is depicted on Exhibit 6-13, Storm Drain, Water, and Wastewater Plan. It indicates both the backbone water and fire lines and backflow devices that will be constructed as part of the residential development. The proposed Windward Community water system will connect to an existing 8-inch City water main along Bolsa Chica Street. The on-site water pipelines will be installed to provide the flows required for residential development and occupancy. The Windward developmentCommunity will have one master domestic water meter. The domestic water line will be public up to the master water meter located within the Bolsa Chica Street right-of-way and will be private beyond the water meter. A backflow device will be set back from the property line based on City requirements and screened from view. -383- 6. Appendices May 2017April 2018 6-32 A separate fire service will be provided for private fire hydrants as the Huntington Beach Fire Department does not allow fire hydrant connections to private domestic water lines. The fire line will have a separate backflow preventer. The fire line will be public up to the backflow preventer located within the Bolsa Chica Street right-of-way and private beyond. The onsite fire hydrants will be private. The backflow preventer will be set back from the property line based on City requirements and screened from view. The public domestic water and fire water improvements will be constructed to meet City Water Division Standards and Fire Department’s codes, standards, and specifications. The landscape area along the east side of Bolsa Chica Street is currently being maintained by the Brightwater Maintenance Corporation as per License Agreement executed with the City by Signal Landmark. The improvements covered by thethis agreement include landscaping (irrigation systems and plant material) as well as the entry monumentation. If the project proceeds with the acquisition alternativeIf the Acquisition Alternative occurs, Brightwater Maintenance Corporation will continue to maintain the landscape area along the east side of Bolsa Chica. If the project proceeds with the Alternative 2 occurs (i.e., development alternative, the maintenance associationof the Windward Residential Parcel), the HOA formed for the Windward communityCommunity will be responsible for the maintenance of this landscape area and the License Agreement with the City will be amended accordingly. 6.3.5 Wastewater Plan The Wastewater Plan for the Windward Community is depicted Exhibit 6-13, Storm Drain, Water, and Wastewater Plan. It indicates the backbone sewer lines that will be constructed as part of the residential development. These lines will connect to existing sewer lines within Bolsa Chica Street, which have been sized to service this project. 6.3.6 Utilities and Services It is anticipated that utility services for the Windward projectCommunity initially will be provided by Southern California Edison (SCE), Southern California Gas Company (SCG), Verizon (for telephone), and Time-Warner Cable (for television/computer cable modem) or their respective successor company, if ownership of their assets and/or management should resources change hands. Electrical, gas, telephone, and Cable TV facilities are all located in utility easements adjacent to Los Patos Avenue and the Sandover project. Trash service initially will be provided by Republic Services. -384- 6. Appendices May 2017April 2018 6-33 Exhibit 6-13 Storm Drain, Water, and Wastewater Plan -385- 6. Appendices May 2017April 2018 6-34 6.4 Adopted Mitigation Measures (TO BE PROVIDED UPON ADOPTION BY THE CITY OF HUNTINGTON BEACH) -386- 1 6/21/17 11:30 AM RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Community Development Director SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE DEVELOPMENT AGREEMENT NO. 16-001 This Development Agreement (“Agreement”) is entered into by and between the City of Huntington Beach, a municipal corporation of the State of California (the “City”), and Signal Landmark, Inc., a California corporation (“Developer”). The City and Developer shall be referred to jointly within this Agreement as the “Parties” and individually as a “Party.” For the convenience of the reader, a Glossary of Defined Terms used in this Agreement follows the signature pages. RECITALS A. This Agreement is one of a series of actions by the City (collectively, the “Settlement- RelatedRequired Approvals”) which will implement an April 2016 settlement of litigation (the “Settlement”) between the City, Developer, and the Bolsa Chica Land Trust (the “BCLT”) with respect to development of property described below as the “Windward SiteProperty” (see Recital DE). B. The purpose of this Agreement is to provide assurances to the City, the California Coastal Commission, and the community that development of that portion of the Windward SiteProperty defined in Recital DE as the “Development AreaWindward Residential Parcel” cannot begin unless: 1.“Alternative 1”: Both the Windward SiteProperty and the adjacent “Goodell ParcelProperty” (described in Recital EF below) are first made available for acquisition by the Trust for Public Lands (“TPL”) as set forth in Section1 4.1; or 2.“Alternative 2”: If Alternative 1 does not occur pursuant to Section 4.1, Developer has conveyed2 to a governmental agency or a qualifying non-profit organization entity acceptable to the Executive Director of the Coastal CommissionCity, such as, but not 1 “Section” means a numbered section of this Agreement, unless specifically stated to refer to another document. 2 If a conveyance is made to a governmental entity, it will be made through an Irrevocable Offer of Dedication. If a conveyance is made to a non-profit entity, the conveyance may be through an instrument other than an Irrevocable Offer of Dedication, such as a grant deed, if (i) legally necessary to complete the conveyance and (ii) approved by the Executive Director of the Coastal Commission.City. -387- 2 6/21/17 11:30 AM limited to, the BCLT3 (a “Qualifying Non-Profit Organization”) both (i) that portion of the Windward SiteProperty defined in Recital DE as the “Windward RemainderOpen Space Parcel” and (ii) the Goodell ParcelProperty (see Section 4.2). C. In addition, as set forth in Section 65864(b) of California’s Development Agreement Statute (Government Code Sections 65864-65869.5), this Agreement will provide necessary assurances to Developer that if Alternative 1 does not occur and Alternative 2 is implemented by Developer, development of the Windward Residential Parcel “may proceed in accordance with existing policies, rules and regulations.” Those “existing policies, rules, and regulations” are described and defined later in this Agreement as the “Applicable Rules.” Absent these assurances, Developer cannot make the “investment in and commitment to comprehensive planning” (see Government Code Section 65864(a)) facilitated by this Agreement. C.D.Government Code Sections 65864 through 65869.5 and Chapter 246 of the Huntington Beach Zoning and Subdivision Ordinance (the “Zoning Code”) authorize the City to enter into development agreements with the owners of legal or equitable interests in real property located within the City. D.E.The property subject to this Agreement is the Windward SiteProperty. Developer holds legal title to the Windward SiteProperty, which consists of approximately 5 acres, is described in Exhibit A,4 and is depicted on Exhibit B. The Windward SiteProperty is in the City, southeast of the intersection of Bolsa Chica and Los Patos. Exhibit B identifies a portion of the Windward SiteProperty as the “Development AreaWindward Residential Parcel” and the remainder as the “Windward RemainderOpen Space Parcel.” E.Adjacent to and south of the Windward SiteProperty and in the unincorporated area of the County of Orange is the Goodell ParcelProperty, which consists of approximately 6.2-acres. The Goodell ParcelProperty is depicted on Exhibit B and described in Exhibit C. F.The City does not have jurisdiction over the Goodell ParcelProperty. F.G. The Goodell Property is zoned, under the County of Orange, as Planned Community (PC), which allows single-family residential uses at a density of 6-12 units per acre. The City has pre-zoned 3.2 acres of the Goodell ParcelProperty for single-family residential and 3 acres for open space uses. Developer holds an option to purchase legal title to the Goodell ParcelProperty (the “Goodell Option”). G.H.Because the Goodell ParcelProperty is not within the City, this Agreement is not intended to and does not regulate the use of the Goodell ParcelProperty. The role of the 3 If the grantee is the BCLT, the BCLT must first be approved by the Executive Director of the Coastal CommissionCity. 4 All references to “Exhibits” within this Agreement are references to exhibits to this Agreement unless otherwise specified. All Exhibits are incorporated as a substantive part of this Agreement. -388- 3 6/21/17 11:30 AM Goodell ParcelProperty as part of this Development Agreement is simply to allow Developer to convey its potential ownership interest in the Goodell ParcelProperty to satisfy the conditions precedent to the development of a portion of the Windward Site Residential Parcel if Alternative 1 does not occur. Any conveyance of and use restrictions imposed on the Goodell ParcelProperty as described in this Agreement are voluntary on the part of Developer and not the result of regulations imposed on the Goodell ParcelProperty by either the City or the Coastal Commission. H.I.The City owns the thirty-foot strip of land located above the northerly boundary of the Development Site as shown on Exhibit “B” (the “City ParcelProperty”). I.J.The Settlement is memorialized in a “Litigation Settlement Agreement” which establishes a program under which Developer and the City intend to enable either Alternative 1 or Alternative 2 (the “Settlement Program”). This Agreement is a vehicle to facilitate the following actions if Alternative 1 does not occur and Alternative 2 of the Settlement Program is implemented: 1. The conveyance of title to that portion of the Windward SiteProperty outside the Windward SiteResidential Parcel not slated for development under Alternative 2 (the “Windward RemainderOpen Space Parcel”) to either a governmental agency or a Qualifying Non-Profit Organization for public access, passive recreational use, habitat enhancement, and public trail purposes, as appropriate (the “Windward Conveyance”); 2. The conveyance5 of the Goodell ParcelProperty to either a governmental agency or a Qualifying Non-Profit Organization for public access, passive recreational use, habitat enhancement, and public trail purposes, as appropriate (the “Goodell Conveyance”); and 3. Developer’s proposed medium density residential neighborhood within the “Development AreaWindward Residential Parcel” (the “Development”). J.K.The Settlement Program and the Development are to be undertaken pursuant to the following approvals which, together, shall be referred to within this Agreement as the “Settlement-RelatedRequired Approvals” and which are anticipated to be sequenced as set forth in Recital KL below: 1. City approvals: (collectively, the “City Approvals”): a)Approval of a Local Coastal Program Amendment No. ___ (the “LCPA”), consisting of (1) an amendment to the Coastal Element of the City’s General Plan Amendment No. ___ (the “GPA”)which functions as the Land Use Plan portion of the LCP, and (2) the “Windward Specific Plan No. ___ (the “Specific Plan”);,” comprised of a Zoning Text Amendment and a Zoning Map Amendment to the Implementation Plan portion of the Local Coastal Program; 5 See Footnote 2 above. -389- 4 6/21/17 11:30 AM b) Approval of and entry into this Agreement; and c)Approval of Coastal Development Permit No. ___ (the “CDP”), consisting of Conditional Use Permit No. ___ (the “CUP”) and Tentative Tract Map No. ___ (the “Map”). c) Approval of a Coastal Development Permit (the “CDP”) authorizing construction of a 36-unit townhome development and associated infrastructure and consisting of (1) a Tentative Tract Map (the “Map”) subdividing the Windward Property into one numbered lot for residential development (the “Windward Residential Parcel”) and one lettered lot for open space (the “Windward Open Space Parcel”) and (2) a Conditional Use Permit (the “CUP”) allowing the development of the Windward Residential Parcel in accordance with the development standards set forth in the Windward Specific Plan and the LCPA (or as certified with suggested modifications adopted by the City); and d) Approval of grading, building, and similar ministerial permits. 2. Coastal Commission actions: (collectively, “Commission Approvals”): a) Certification of Local Coastal Program Amendment No. ___ (the “LCPA”), consisting of the GPA and the Specific Plan previouslythe LCPA, in accordance with the City Approvals (or with suggested modifications approved by the City; and ); b)ToApproval of this Agreement to the extent, if any, required by Government Code Section 65869, including with respect to its terms regarding the acquisition, conveyance, and deed restriction of the adjacent Goodell Property; and b)c) In the event the City’s approval of this Agreementthe CDP is appealed to the Coastal Commission, approval by the Commission of a coastal development permit. K.L.The anticipated procedural sequence for obtaining the Settlement-RelatedRequired Approvals and the issuance of permits allowed by the CDP is: 1. Approval by the City of the GPA, the Specific Plan, and this AgreementCity Approvals. 2. Submittal of an application to the Coastal Commission by the City for certification of the LCPA, consisting of the GPA and the Specific Planin accordance with the City Approvals, and any required approval of this Agreement. 3. The certification by the Coastal Commission of the LCPA and, to the extent required, if any, the approval of this Agreement. (Note: The Coastal Commission may make its approval of the LCPA subject to concurrence ofby the City Council with “suggested modifications” to the City’s proposed LCPA.) 4. Approval by the City Council of the Coastal Commission’s “suggested modifications,” if any. -390- 5 6/21/17 11:30 AM 5. After certification of the LCPA is complete, approval by the City of the CDP. or, in the event the City’s approval of the CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal raises substantial issue(s) regarding conformity of the CDP with the LCP, approval by the Commission of the CDP. 6. The issuance by the City of all permits related to the CUP, the Map, and the CDP, such as grading, building, and similar ministerial permits. L.M.Government Code Section 65869 provides, in pertinent part, as follows: “A development agreement shall not be applicable to any development project located in an area for which a local coastal program is required to be prepared and certified . . . unless: (1) the required local coastal program has been certified as required by such provisions prior to the date on which the development agreement is entered into, or (2) in the event that the required local coastal program has not been certified, the California Coastal Commission approves such development agreement by formal commission action.” Because this Agreement is premised upon the certification of the LCPA by the Commission, the Parties recognize that it may not be “applicable” to the Development until the date that the certification of the LCPA by the Coastal Commission is final (the “Certification Date”). M.N.The City Council has evaluated the potential environmental impacts of the Settlement Program (the “CEQA Review”) pursuant to the California Environmental Quality Act (“CEQA”). The City Council has determined that the Settlement Program will not have any new or more severe potential adverse environmental impacts than were evaluated in the CEQA Review and that no further environmental review of this Agreement or the Settlement-RelatedRequired Approvals is required. N.O.As parties to the Settlement, the Parties each have an interest in securing the objectives of the Settlement. This Agreement assures the City and the Coastal Commission that if Alternative 1 of the Settlement Program is not successful, the Development cannot proceed without completion of both the Windward and Goodell Conveyances. It also assures Developer that if it completes the Windward and Goodell Conveyances, it will have the vested right to complete the Development. O.P.On ___________,June 27, 2017, the Planning Commission held a duly noticed public hearing on this Agreement and recommended to the City Council that it approve this Agreement. P.Q.On ____________, 20172018, the City Council held a duly noticed public hearing on and approved this Agreement. Q.R.The City Council has found that this Agreement is consistent with (i) the City’s General Plan as amended by the GPA (including the Coastal Element as amended, provided that the Coastal Commission certifies the LCPA) and the Huntington Beach Zoning and Subdivision -391- 6 6/21/17 11:30 AM Ordinance (the “Zoning Code”) in effect on the date of the first reading of the ordinance adopting this Agreement (the “Approval Date”) and (ii) the Subdivision Map Act. R.S.For emphasis and clarification, there are three defined dates which have different meanings and purposes within this Agreement and should not be confused. They are: 1. The “Approval Date,” which is the date of the first reading of City Ordinance No. ________ approving this Agreement. (Note: That ordinance is referred to as the “Adopting Ordinance.”) That date is ________________________, 20172018. 2. The “Effective Date,” which is the date on which the Adopting Ordinance becomes effective under California law. That date is thirty days after the “second reading” of the Adopting Ordinance. The Effective Date, therefore, is __________________, 20172018. 3. The “Certification Date,” which is the date that the certification of the LCPA by the Coastal Commission becomes final. That date is unknown at the time of the approval of this Agreement and will be determined by future events. AGREEMENT The Parties agree as follows: 1. DEFINITIONS. Defined terms that are used more than once within this Agreement are listed in the Glossary following the signature page. 2. EXHIBITS. The following attached exhibits are incorporated as a part of this Agreement: Exhibit A: Legal Description of the Windward SiteProperty Exhibit B: Depiction of the Windward Site, the Development AreaProperty, the Windward RemainderResidential Parcel, the Windward Open Space Parcel, the Goodell Property, and the GoodellCity Parcel. Exhibit C: Legal Description of the Goodell ParcelProperty 3. TERM OF AGREEMENT. Subject to Section 5.1a below, the term of this Agreement starts on the day after the Effective Date and ends ten (10) years after the Certification Date (the “Term”).6 For purposes of clarification, neither Party shall have any obligations under this Agreement until the Certification Date, except for (i) the performance of those acts referenced in this Agreement which, by their context, are to occur before the Certification Date and (ii) the duty of cooperation set forth in Section 12.1. 6 As noted in Recital LM, however, this Agreement shall not become “applicable” to the Development until the Certification Date. The Parties recognize that the Effective Date will occur before the Certification Date. -392- 7 6/21/17 11:30 AM 4. PUBLIC BENEFIT. As a party to the Settlement, the City has an interest in securing the public benefits provided by the Settlement. The City’s approval of this Agreement provides an opportunity to facilitate one of the following public benefit opportunities: 4.1 Alternative 1: Acquisition by Trust for Public Land. Pursuant to the Settlement, Developer has granted the Trust for Public Land (“TPL”)7 an option to purchase the Windward SiteProperty and, after exercise of the Goodell Option by Developer, the Goodell ParcelProperty (the “TPL Option”). The TPL Option provides TPL eighteen months in which to raise the purchase funds. The TPL Option will was originally set to expire in October 2017 unless it is, but has since been extended. to ___________2018. The Settlement allows Developer to apply for and pursue approval of the Settlement-RelatedRequired Approvals during the term of the TPL Option while TPL pursues acquisition funding. If TPL exercises the TPL Option, Developer will withdraw any pending applications for the Settlement- RelatedRequired Approvals. 4.2 Alternative 2: Preservation Opportunity / Limited Development.If Alternative 1the TPL Option expires without TPL exercising the TPL Optionbeing exercised, then, after obtaining approval of the Settlement-RelatedRequired Approvals and before commencing the Development, Developer must first make the Windward and Goodell Conveyances for the benefit of the public as set forth in Section 5.2 below. (the “Implementation Documents”). a.Goodell Conveyance Requirements.The Goodell Conveyance shall include provisions stipulating that the Goodell Property shall be permanently restricted for passive public open space and resource conservation uses only. Permitted uses shall include pedestrian trails, observation areas, interpretive displays, habitat restoration, and any additional uses set forth in either the Settlement or the Mitigation Plan prepared pursuant to Consent Cease and Desist Order No. CCC-12-CD-01 and Consent Restoration Order No. CCC-12-RO-01, both approved by the Coastal Commission on September 11, 2013. a.Windward RemainderWindward and Goodell Conveyance Deed Restrictions. At the time and on the terms set forth in Chapter 5 of the Specific Plan, deed restrictions shall be recorded against the Windward Open Space Parcel and the Goodell Property permanently restricting each property to ”Open Space and Conservation Uses” (the “Deed Restrictions”). For the purposes of this Agreement, “Open Space and Conservation Uses” shall mean and shall be limited to those “Open Space and Conservation Uses” set forth in Section 4.2 of the Specific Plan. 7 Founded in 1972, TPL is a nationwide non-profit organization that acquires land from private owners and conveys it into public or non-governmental organization ownership for conservation or public park purposes. Since its inception, TPL has protected 3.3 million acres of land in over 5,400 separate acquisitions. -393- 8 6/21/17 11:30 AM 4.3 Windward Open Space Parcel Improvements. If Alternative 2 occurs, (i) Developer will (i) improve the Windward RemainderOpen Space Parcel with the trailspublic access amenities and landscapinghabitat enhancement as identified in improve the Windward Remainder with the trails and landscaping identified in the Specific Plan and (ii) the homeowner’s association for the Windward Residential Parcel shall maintain those improvements until the Windward RemainderOpen Space Parcel has been formally conveyed to either a governmental agency or a Qualifying Non- Profit Organization. 4.4 City ParcelProperty Improvements. If Alternative 2 occurs, Developer will (i) improve the City ParcelProperty with the trails, signage, and landscaping identified in the Specific Plan and (ii) maintain those improvements until the maintenance responsibility is transferred to the Development’s Homeowner’s Association. 5. DEVELOPMENT OF THE WINDWARD SITEPROPERTY. 5.1 Developer’s Vested Right. Subject to the Reservations of Authority (see Section 5.57), Developer shall have the vested right to complete the Development to the full extent permitted under the Applicable Rules (“Developer’s Vested Right”). Developer’s Vested Right shall accrue and be applicable to the Development on the Certification Date. a.Limitation on Term of Developer’s Vested Right. The sole reason that the City is entering into this Agreement is to benefit the public by facilitating (i) the Windward and Goodell Conveyances and (ii) the improvements and maintenance of the City-owned Parcel and the Windward Open Space Parcel, in return for permitting development within the Development Area.Windward Residential Parcel. As a result, the City has required assurances in this Agreement that Developer does not retain Developer’s Vested Right if changes, other than “Minor Changes” (see Glossary of Defined Terms), to the Development are sought by Developer in the future. Therefore, if, after the LCPA has been certified and has become effective and, the CDP has been both approved, and all permits related to the CUP, the Map, and the CDP, such as grading, building, and similar ministerial permits, have been issued, Developer or any successor of Developer submits an application for an amendment to the LCP which proposes to alter the permitted uses of the Development AreaWindward Residential Parcel, increase the density or intensity of uses on the Development AreaWindward Residential Parcel, increase the maximum height or size of buildings permitted on the Development AreaWindward Residential Parcel, or eliminate Developer’s obligation to make the Windward and Goodell Conveyances, then Developer’s Vested Right shall expire upon the submittal of that application. 5.2 Condition Precedent to City’s Submittal of Application for Certification of LCPA. Before the City submits its application for certification of the LCPA to the Coastal -394- 9 6/21/17 11:30 AM Commission, Developer shall deliver to the City, for inclusion within that application, fully-executed documents, ready for recordation, as needed to complete the Windward and Goodell Conveyances. Those documents, however, shall contain a provision that they shall not be binding, recorded, or effective until after: •The final approval required by law to make final each of the Settlement- Related Approvals; and •The issuance of the CDP; and •Either (i) the expiration, without a legal challenge having been filed, of all limitations periods for challenging the final approval, whether by the City or the Coastal Commission, of each of the Settlement-Related Approvals and the issuance of the CDP or (ii) if any legal challenge has been filed (including, but not limited to, challenges alleging a failure to comply with CEQA or the California Coastal Act), the challenge has concluded and the Settlement-Related Approvals and the issuance of the CDP have all been found valid. 5.2 Condition Precedent to Required Approvals Becoming “Operative.” To assure that development of the Windward Residential Parcel may not occur without the Windward Owner first taking the actions needed to implement the open space objectives of the Specific Plan and Alternative 2 of the Settlement, the certified LCPA shall become operative only on the terms and conditions set forth in Chapter 5, Section 5.3, of the Specific Plan. 5.3 Timing of Recordation of Implementation Documents. The applicable Implementation Documents shall be signed and recorded and become effective only in the time, substance, and form set forth in Chapter 5, Section 5.4.2, of the Specific Plan as approved on the Approval Date (or with modifications acceptable to the City and Owner). 5.4 Timing of Permit Issuance. Prior to the LCPA becoming operative, the City may not issue any permits pursuant to Specific Plan, with the exception of permits for archaeological studies and archaeological grading. Permits for archaeological studies and archaeological grading may be issued at any time after certification of the LCPA. 5.35.5 Term of Development Approvals. a.The Map. Pursuant to Government Code Section 66452.6, the term of the Map shall be automatically extended by the Adopting Ordinance to the end of the Term and any future extension of the Term agreed upon by the Parties. -395- 10 6/21/17 11:30 AM b.Other Development Approvals. The expiration of all other Development Approvals shall be governed by applicable state law, including Government Code Section 65863.9, and, where permitted under state and local law, all other Development Approvals shall be extended by the Adopting Ordinance for a term ending concurrently with the term of the Map. 5.45.6 Initiatives, Moratoria, and Referenda. As a Subsequent Land Use Regulation, any initiative or moratorium adopted after the Approval Date, no matter how enacted, shall not apply to the Development or the Windward SiteProperty without Developer’s written consent unless otherwise ordered by a court of competent jurisdiction. Pursuant to Government Code Section 65867.5(a), this Development Agreement is a legislative act subject to referendum. 5.55.7 Reservations of Authority. The following rights are reserved to the City: a.City’s Discretion Under Applicable Rules. In considering applications for a Subsequent Development Approval or Subsequent Land Use Regulation, the City may exercise its regulatory discretion to the extent permitted by the Applicable Rules. Pursuant to Government Code Section 65865.28, however, requirements for subsequent discretionary actions shall not prevent development of the Windward SiteProperty for the uses and to the density or intensity of development set forth in the Applicable Rules. b.Conflicting Emergency Regulations. The City may adopt emergency rules, regulations, laws, and ordinances within the City’s police power that would limit the exercise of Developer’s Vested Right (“Conflicting Emergency Regulations”), provided that the Conflicting Emergency Regulations: •result from a sudden, unexpected emergency declared by the President of the United States, Governor of California, or the Mayor, City Council, or City Manager of the City; •address a clear and imminent danger, with no effective reasonable alternative available that would have a lesser adverse effect on Developer’s Vested Right; •do not primarily or disproportionately impact the Development; and •are based upon findings of necessity established by a preponderance of the evidence at a public hearing. 8 GC 65865.2 provides, among other things, that a “development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement.” -396- 11 6/21/17 11:30 AM Any action challenging the application of a Conflicting Emergency Regulation to the Windward SiteProperty or the Development shall be subject to de novo review by the court for compliance with the provisions of this Section. c.Development Fees.The City may impose upon Developer any development fees that are applicable to all development within the City at the rate and the time generally applicable to all such development (“Development Fees”). Development Fees include all taxes, fees, or other exactions charged by the City in connection with the development of land, including the application, processing, approval, and/or issuance of Development Approvals or Land Use Regulations. Development Fees include, but are not limited to, development impact fees imposed pursuant to California’s Mitigation Fee Act. Other examples of Development Fees include inspection, plan check, utility capacity, service, connection, library, cultural enrichment, park, flood control, stormwater management, mitigation, and public facilities fees. d.Affordable Housing In-Lieu Fee. Section 230.26 of the Zoning Code requires that at least ten percent (10%) of all new residential construction shall be affordable units, except as provided elsewhere within Section 230.26. Section 230.26(B)(5) of the Zoning Code provides that the terms of a project’s affordable housing requirement may be outlined in an applicable Specific Plan. The Windward Specific Plan provides for 36 residential units to be constructed on the Windward Residential Parcel. Pursuant to Sections 230.26(B)(1-2) of the Zoning Code, the affordable housing requirement for the Development is 3.6 units affordable to moderate-income households. Section 3.3.6 of the Specific Plan provides that this obligation may be satisfied through the payment of in- lieu fees. Therefore, the City and the Windward Owner are providing in this Agreement that prior to issuance of the first building permit for a residence within the Windward Residential Parcel, the Windward Owner shall pay in-lieu fees for all 36 units within the Development at the rate of $50,000 for each unit, for a total payment of $1,800,000. e.Suggested Modifications. Should the Coastal Commission certify the LCPA subject to the City’s concurrence with suggestedsuggest modifications, this to some or all of the LCPA pursuant to Public Resources Code Sections 30512 and/or 30513 (the “Suggested Modifications”): d.•This Agreement shall not require the City to agree to those suggested modificationsthe Suggested Modifications if those suggested modifications (i)the Suggested Modifications make substantive changes to the LCPA as submitted to the Coastal Commission by the City which (ii) deprive the City of the public benefits set forth in Section 4 above. ; and •This Agreement shall terminate and shall not bind Developer if the Suggested Modifications are adopted by the City without the City first -397- 12 6/21/17 11:30 AM obtaining Developer’s written concurrence with the Suggested Modifications. 5.65.8 Appeal of Administrative Decisions. Any decision of the Director or a City staff member with respect to this Agreement may be appealed to the Planning Commission. Planning Commission decisions may be appealed to the City Council. 5.75.9 Tentative Maps. Any Tentative Map approved for the Development shall comply with the provisions of Government Code Section 66473.7. -398- 13 6/21/17 11:30 AM 6. DEVELOPER DEFAULTS AND REMEDIES. 6.1 Periodic Review. The City shall periodically review Developer’s good faith compliance with this Agreement pursuant to Government Code Section 65865.1 (“GC 65865.1”) and Zoning Code Section 246.14 and consistent with the due process considerations set forth in Section 6.2 (the “Periodic Review”). 6.2 Due Process Considerations.Developer has committed through this Agreement to make the Windward and Goodell Conveyances before permits are issued to begin work on the Development. Developer would not have entered into this Agreement and made that commitment without assurances that Developer’s Vested Right could not be terminated or modified without a fair and equitable Periodic Review process9 consistent with GC 65865.1, Zoning Code Section 246.14 and general principles of fairness and due process. Therefore, the following requirements shall apply to Periodic Reviews and any other review of or allegation of noncompliance pertaining to this Agreement: a.Modifications for Noncompliance. The terms of GC 65865.1 allow a local agency to terminate or modify a development agreement if a periodic review of compliance with the terms of the development agreement demonstrates noncompliance by the applicant/developer. The local agency’s right to do so is stated in permissive, rather than mandatory, terms: “the local agency may terminate or modify the agreement.” 10 Therefore, as material consideration for entering into this Agreement, the Parties have agreed that, in the event of a finding of noncompliance, the City shall not modify the terms of this Agreement unless the modification has been agreed to by Developer, as provided in Government Code Section 65868. b.Standard of Evidence. GC 65865.111 contains permissive terms which allow a local agency to terminate a development agreement if a periodic review demonstrates, “on the basis of substantial evidence,” that there has been noncompliance. The Parties recognize that the loss of Developer’s Vested Right upon a showing of “substantial evidence” of noncompliance would be unfair and inequitable. Therefore, as material consideration for entering into this Agreement, the Parties have agreed that any City finding of Developer’s noncompliance must be based upon the “preponderance of the evidence,” as would be the case with other breach of contract actions under California law. 6.3 Mortgagee Default Protection. If a Mortgagee requests from the City a copy of any notice of default given to Developer, the City shall provide a copy of that notice to the Mortgagee within ten (10) calendar days after receiving the Mortgagee’s 9 These considerations apply equally to any other process by which this Agreement is terminated or modified. 10 Subsection F of MC 246.14 contains the same permissive provision. 11 Subsection F of MC 246.14 contains the same permissive provision. -399- 14 6/21/17 11:30 AM request. The Mortgagee shall have the right, but not the obligation, to cure the Default during any cure period allowed Developer under this Agreement. 7. CITY DEFAULTS AND REMEDIES. 7.1 Notice of City Default. After the Certification Date, if Developer believes that the City has failed to honor Developer’s Vested Right (a “City Default”), Developer shall submit to the City a written notice of default stating those obligations which Developer alleges have not been performed by City (a “Notice of City Default”). After receiving a Notice of City Default, the City shall promptly commence to cure the identified City Default at the earliest reasonable time after receipt of the Notice of City Default and shall complete the cure within thirty (30) calendar days after receipt of the Notice of City Default, or such longer period as is reasonably necessary to feasibly remedy the City Default. The City shall continuously and diligently pursue the cure until the cure is complete. In no event shall the cure period exceed one hundred twenty (120) calendar days. If the City disputes the existence of a City Default or whether the City has cured the City Default, either Party may seek declaratory relief from a court of law. 7.2 No Damages. Under no circumstances shall City be liable to Developer for damages, including, but not limited to, monetary damages, lost profits, out of pocket costs, and any other payment of any money, for a breach of this Agreement. Developer’s sole remedies for breach of any provision of this Agreement shall be for declaratory relief, specific performance, and mandate. 8. MODIFICATION, AMENDMENT, CANCELLATION OR TERMINATION. 8.1 Amendment and Cancellation. Notwithstanding any other provision of this Agreement, this Agreement may be amended or canceled, in whole or in part, by mutual written consent of the City and Developer, subject to compliance with Government Code Sections 65867, 65867.5, and 65868. 8.2 Minor Changes. Pursuant to Zoning Code Section 246.18, the Director, with the written consent of Developer, may make changes to the Agreement without formal action by the City Council if those changes do not (i) modify the Term or the permitted uses, (ii) increase the density or intensity of uses or the maximum height or size of buildings, or (iii) modify the substantive provisions for reservations or dedication of land (“Minor Changes”). 9. OTHER LEGAL ACTIONS, REMEDIES, AND INDEMNIFICATION 9.1 Third-Party Actions. If a third-party action (a “Third-Party Action”) is filed against the City with respect to this Agreement for any reason, including, but not limited to, (i) attacking, setting aside, voiding, or annulling the approval of this Agreement, (ii) challenging any of the Development’s Development Approvals or Subsequent -400- 15 6/21/17 11:30 AM Development Approvals, or (iii) otherwise delaying, impeding, or impairing implementation of the Development, the Parties shall cooperate in the defense of that Third-Party Action. 9.2 Indemnification of City. With respect to any Third-Party Action, including an action challenging the sufficiency of environmental review and/or compliance with CEQA, Developer shall, at Developer’s expense, defend, indemnify, and hold harmless City, its officers, employees, and independent contractors engaged in Development planning or implementation. Developer shall provide a defense to the City with counsel reasonably selected by Developer to defend both the City and Developer and shall reimburse the City for ANY costs which the City may be required to pay as a result of a Third-Party Action. The City may, in its sole discretion, participate in the defense of a Third-Party Action at its own expense, but, except for those defense costs, the City’s participation shall not relieve Developer of the remainder of its indemnification obligations under this Section 9.2. 9.3 Effect on Development. The filing of a Third-Party Action shall not excuse, delay, or stop the Development in any manner, including the processing or construction of the Development, approval of Subsequent Development Approvals, or issuance of ministerial approvals by the City, unless the third party obtains a court order preventing the activity or invalidating this Agreement. The City shall not stipulate to the issuance of any such order without Developer’s prior written consent. 10. NOTICES. All notices, demands, and correspondence required or permitted by this Agreement (collectively, “Notices”) shall be in writing. Notices shall be either personally delivered or sent by registered or certified mail or overnight mail service. Notices shall be deemed received upon personal delivery or on the second business day after registered, certified, or overnight mailing. Notices shall be addressed as follows: City or Developer may change its address by giving written Notice to the other Party. Thereafter, Notices shall be addressed and transmitted to the new address. 11. ENCUMBRANCES, ASSIGNMENTS, TRANSFERS, AND RELEASES If to City, to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 92648 Attn: City Manager If to Developer, to: Signal Landmark, Inc. 27271 Las Ramblas Suite 100 Mission Viejo, CA 92692 With a Copy to: Tim Paone Cox, Castle & Nicholson 3121 Michelson Drive Suite 200 Irvine, CA 92612 -401- 16 6/21/17 11:30 AM 11.1 Discretion to Encumber. Developer may, in its sole discretion, encumber some or all of the Windward SiteProperty or improvements on the Windward SiteProperty with a Mortgage. 11.2 Mortgagee Protection. If a Mortgagee in possession of the Windward SiteProperty requests Minor Changes, City shall meet with Developer and the Mortgagee to negotiate in good faith the requested Minor Changes. City will not unreasonably withhold or delay its consent to a requested Minor Change if the Minor Change is consistent with the intent and purposes of this Agreement. The following terms apply to all Mortgages: a. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage. b. Except as otherwise provided within this Agreement, a Mortgagee who takes possession of some or all of the Windward SiteProperty shall take the property subject to this Agreement, including the provision that Developer cannot begin any work on the Development without first making the Windward and Goodell Conveyances. 11.3 Assignment. If Developer sells or otherwise conveys (an “Assignment”) all or a portion of Developer’s interest in the Windward SiteProperty (the “Transferred Property”), the assignee of that Assignment (the “Assignee”) shall be subject to all provisions of this Agreement previously applicable to Developer with respect to the Transferred Property, including, but not limited to, Developer’s obligations set forth in Section 5.2 as conditions precedent to the City’s submittal of its application for certification of the LCPA. The Assignee shall have no obligations with respect to portions of the Windward SiteProperty not transferred (“Retained Property”). Developer shall remain liable for performance of Retained Property obligations, including, but not limited to, Developer’s obligations set forth in Section 5.2 as conditions precedent to the City’s submittal of its application for certification of the LCPA, but shall have no further obligations with respect to the Transferred Property. 11.4 City’s Consent to Assignment. The City’s consent to an Assignment shall not be required except under the following circumstance: If the Transferred Property is sold to an Assignee before Developer has exercised the Goodell Option, then the Assignee shall not obtain Developer’s rights under this Agreement unless the City has first consented to the Assignment. The sole basis for the City’s refusal to grant that consent, however, shall be that, in the reasonable and objective exercise of the City’s judgment, both (i) the Assignee does not possess the financial capacity to exercise the Goodell Option and (ii) adequate security has not otherwise been offered to the City to assure that the Goodell Option can be exercised so that the Goodell Conveyance can be made when and if the Settlement- -402- 17 6/21/17 11:30 AM RelatedRequired Approvals have been granted and Developer elects to implement development of the Windward SiteProperty as provided in this Agreement. If Developer requests the City’s consent to such an Assignment, the City’s consent shall be deemed granted unless the City has refused in writing to give that consent within thirty (30) days after receiving written request for consent from Developer. 12. MISCELLANEOUS PROVISIONS. 12.1 Cooperation. The Parties shall cooperate in good faith to assist each other in the performance of the provisions of this Agreement. 12.2 Recordation. The City Clerk shall cause a copy of this Agreement to be recorded against the Windward SiteProperty with the County Recorder within ten (10) calendar days after the Effective Date. The failure of the City to sign and/or record this Agreement shall not affect the validity of this Agreement. 12.3 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 12.4 No Third Party Beneficiaries. No person or entity other than the City and Developer shall have any right of action based upon any provision of this Agreement. 12.5 Entire Agreement. This Agreement represents the entire and final agreement of the Parties with respect to the subject matter of this Agreement. 12.6 Litigation Expenses. In any litigation between the Parties related to this Agreement, each of the Parties shall bear its own attorneys’ fees and other expenses incurred in that proceeding. 12.7 Waiver. All waivers of performance must be in a writing signed by the Party granting the waiver. Failure by a Party to insist upon the strict performance of any provision of this Agreement shall not be a waiver of future performance of the same or any other provision of this Agreement. 12.8 Delay for Events Beyond the Parties’ Control. Performance by either Party of its obligations under this Agreement shall be excused and the Term shall be extended for periods equal to the time during which (i) litigation is pending which challenges any matter, including compliance with any other local, state, or federal law, related to the approval or implementation of the Development or (ii) a delay in a Party’s performance is caused by any event beyond the control of that Party. Examples of such events include acts of nature, newly-enacted federal or state laws or regulations, judicial actions such as the issuance of restraining orders and injunctions, riots, strikes, and damage to work in process by reason of fire, mud, rain, floods, earthquake, or other such casualties. With respect to litigation, extensions shall be equal to the time between the filing of the action and the entry -403- 18 6/21/17 11:30 AM of final judgment or dismissal after the conclusion of all appeals and/or the expiration of all time periods during which an appeal could be brought. All extensions under this Section 12.8 shall be cumulative. A Party seeking excuse from performance under this Section shall provide written Notice to the other Party within thirty (30) calendar days after becoming aware of the delay. Either Party may file an action for judicial review of any requested excuse from performance. 12.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 12.10 Interpretation. This Agreement has been prepared jointly by both Parties and shall not be interpreted or construed against either Party as the preparer. 12.11 Estoppel Certificate. During the Term, either Party may request from the other an “Estoppel Certificate” certifying that: a. This Agreement is unmodified and in full force and effect; or b. There have been specific (date and description) modifications to the Agreement, but it remains in full force and effect as modified. The Estoppel Certificate shall also certify one of the following, if requested: c. There are no known current uncured Defaults; or d. There are specific (date, description, and status) Defaults which exist. Within ten (10) business after receiving the request, the responding Party shall deliver the completed Estoppel Certificate to the requesting Party. Estoppel Certificates shall provide any other reasonable information requested. A failure to timely deliver an Estoppel Certificate shall create a conclusive presumption that this Agreement is in full force and effect without modification or Default. Developer shall pay City for City’s reasonable costs incurred in issuing Estoppel Certificates. 12.12 Governing Law and Venue. This Agreement shall be governed and interpreted in accordance with the laws of the State of California. Venue for any litigation concerning this Agreement shall be in Orange County, California. Developer and City have executed this Agreement on the dates set forth below. SIGNATURE PAGE TO BE ADDED ACKNOWLEDGMENTS TO BE ADDED -404- G-1 6/21/17 11:30 AM GLOSSARY OF DEFINED TERMS Within this Agreement, the following defined terms have the meanings set forth below: 1. “Adopting Ordinance” means City Ordinance No. ___ approving this Agreement. 2. “Agreement” means this Development Agreement. 3. “Applicable Rules” means the Settlement-RelatedRequired Approvals, the Existing Land Use Regulations, this Agreement, the Subsequent Land Use Regulations to which Developer has consented in writing, and Subsequent Development Approvals. 4. “Approval Date” means the date of the first reading of the Adopting Ordinance. 5. “Assignee” means the person or entity to whom Developer transfers Developer’s interest in all, any portion of, or any interest in the Windward SiteProperty. 6. “Assignment” means the sale, transfer, or assignment of Developer’s rights and obligations under this Agreement in connection with a transfer of Developer’s interest in all, any portion of, or any interest in the Windward SiteProperty. 7. “BCLT” means the Bolsa Chica Land Trust. 8. “Certification Date” means the date that the certification of the LCPA by the Coastal Commission becomes final. 9. “CDP” means Coastal Development Permit No. ___16-018 for the Development, which will not be acted upon by the City Council until after certification of the LCPA. 10. “CEQA” means the California Environmental Quality Act. 11. “CEQA Review” means the evaluation by the City of the Settlement Program’s potential environmental impacts pursuant to CEQA. 12. “City” means the City of Huntington Beach, California. 13. “City Approvals” means the approval of Local Coastal Program Amendment No. 16-002 (the “LCPA”), consisting of General Plan Amendment No. 16-002 (the “GPA”), Zoning Text Amendment No. 16-004 for Specific Plan No. 16 (the “Specific Plan”), and Zoning Map Amendment No. 16-003 (the “Zoning Map Amendment”). 13.14.“City Council” means the City Council of the City. 14.15.“City ParcelProperty” means the thirty-foot strip of land shownidentified on Exhibit “B” as the “City-Owned Parcel” and located between the southerly boundary of the Development Site and the northerly boundary of the Goodell Parcelnorth of the Windward Property. 15.16.“Coastal Commission” means the California Coastal Commission. -405- G-2 6/21/17 11:30 AM 16.17. “Conflicting Emergency Regulations” means those emergency rules, regulations, laws, and ordinances within the City’s police power that would limit the exercise of Developer’s Vested Right and fall within the descriptions set forth in Section 5.5b6b. 17.18.“CUP” means Conditional Use Permit No. ___16-035 for the Development (the “CUP”). 19. “Deed Restrictions” means the recorded use restrictions limiting the Windward Open Space Parcel and the Goodell Property, respectively, to Open Space and Conservation Uses. 18.20.“Developer” means Signal Landmark, Inc., a California corporation. 19.21.“Developer’s Vested Right” means Developer’s right to complete the Development in accordance with the Applicable Rules, as more specifically set forth in Section 5. 20.22.“Development” means Developer’s proposed medium density residential neighborhood within the Development AreaWindward Residential Parcel to the extent authorized by the Applicable Rules. 21.23.“Development Approvals” means all permits, certificates, approvals, and other entitlements approved or issued by the City for construction, marketing, use, occupancy, and/or development of or on the Development Area.Windward Residential Parcel. For the purposes of this Agreement, Development Approvals shall be deemed to include, but are not limited to, the following actions, including revisions, addenda, amendments, and modifications to these actions: •This Agreement; •Coastal Development Permits; •Tentative Maps, Final Maps, parcel maps, and any other approvals required by or permitted under the Subdivision Map Act and/or the City’s subdivision ordinance; •Conditional use permits, use permits, temporary use permits, and site development permits; •Variances and waivers of development standards; •Grading, excavation, building, and other construction-related permits; •Certificates of compliance and/or lot line adjustments; •Street, drainage, utility, stormwater, and landscape permits; •Encroachment permits; •Occupancy permits; and •Environmental review documents for the Settlement Program. -406- G-3 6/21/17 11:30 AM 22.“Development Area” refers to that portion of the Windward Site designated on Exhibit B as “Development Area.” 23.24.“Development Fees” means all taxes, fees, or other exactions charged by the City in connection with the development of land, including the application, processing, approval, and/or issuance of Development Approvals or Land Use Regulations. Development Fees include, but are not limited to, development impact fees imposed pursuant to California’s Mitigation Fee Act. Other examples of Development Fees include inspection, plan check, utility capacity, service, connection, library, cultural enrichment, park, flood control, stormwater management, mitigation, and public facilities fees. 24.25.“Director” means the Director of Community Development of the City. 25.26.“Effective Date” means the date on which the Adopting Ordinance has become effective as provided by California law. 26.27.“Estoppel Certificate” means a written statement issued pursuant to Section 12.11. 27.28.“Exhibit” means an exhibit to this Agreement, unless otherwise expressly stated. 28.29.“Existing Land Use Regulations” means all Land Use Regulations in effect on the Effective Date, including those Settlement-RelatedRequired Approvals which are Land Use Regulations. However, changes to Land Use Regulations adopted (as opposed to becoming effective) between the Approval Date and the Effective Date shall not be considered part of the Existing Land Use Regulations without Developer’s prior written consent. Developer shall be deemed to have consented to those Settlement- RelatedRequired Approvals which, though approved on the Approval Date, are not effective until the Effective Date. 29.30.“Final Map” means a final parcel map or final tract map for the Development, as defined in the Subdivision Map Act and the Zoning Code. 30.31.“General Plan” means the General Plan of the City in effect on the Approval Date and as amended through the GPA. 31.32.“Goodell Conveyance” means the conveyance of the Goodell ParcelProperty to either a governmental agency or a Qualifying Non-Profit Organization, such as the BCLT, acceptable to the Executive Director of the Coastal Commission, for public access, passive recreational use, habitat enhancement, and public trail purposes, as appropriateCity, for Open Space and Conservation Uses. 32.33.“Goodell Option” means Developer’s option to acquire the Goodell ParcelProperty as described in Section 4. 33.34.“Goodell ParcelProperty” means the approximately 6.2-acre parcel designated on Exhibit B as the “Goodell ParcelProperty.” -407- G-4 6/21/17 11:30 AM 34.35.“GPA” means the amendment of the General Plan through the City Council’s adoption of General Plan Amendment No. ___16-002 for the Windward SiteProperty. 36. “Implementation Documents” means those documents needed to complete the Windward and Goodell Conveyances, as well as the Deed Restrictions. 35.37.“Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations, moratoria, initiatives,12 and official policies of the City governing the development and use of land, including, without limitation, the General Plan and each of its elements (including the Coastal Element), zoning ordinances, subdivision ordinances (but not Tentative or Final Maps, which are Development Approvals), specific plans, and their respective amendments. Land Use Regulations govern, among other things, the permitted use of land, the density or intensity of use, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement, construction, and initial occupancy standards and specifications applicable to the Development. Land Use Regulations do not include any City ordinance, resolution, code, rule, regulation or official policy governing: •The conduct or taxation of businesses, professions, and occupations applicable to all businesses, professions, and occupations in the City; •Taxes and assessments of general application upon all residents of the City, provided that the taxes and assessments are not imposed for the purpose of taxing the right, power or privilege of developing or improving land (e.g., excise tax) or to directly finance the acquisition or dedication of open space or any other public improvement for which Developer is paying any fee (directly or through an assessment or similar financing district) or providing any improvement pursuant to this Agreement; or 36.38.“LCPA” means Local Coastal Program Amendment No. ___,16-002, as approved by the City and certified by the Coastal Commission on terms acceptable to Developer, and consisting of (1) an amendment to the Coastal Element of the City’s General Plan which functions as the Land Use Plan portion of the LCP, and (2) the “Windward Specific Plan,” comprised of a Zoning Text Amendment and a Zoning Map Amendment to the Implementation Plan portion of the Local Coastal Program. 37.39.“Map” means Tentative Tract Map No. ______18060 for the Windward SiteProperty which was approved by the City Council on the Approval Date. 38.40.“Minor Changes” means any change to the Development that does not modify the Term, alter the permitted uses, increase the density or intensity of uses, increase the 12 Because initiatives and moratoria, no matter how enacted, are legislative acts, they are Land Use Regulations. Therefore, any initiative or moratorium adopted after the Approval Date, no matter how enacted, is, for purposes of this Agreement, a Subsequent Land Use Regulation. -408- G-5 6/21/17 11:30 AM maximum height or size of buildings, or eliminate Developer’s obligation to make the Windward and Goodell Conveyances. 39.41.“Mortgage” means any mortgage, deed of trust, or other security device recorded against some or all of the Windward SiteProperty or improvements to the Windward SiteProperty for the purpose of securing a debt or other obligation. 40.42.“Mortgagee” means a mortgagee of a Mortgage, a beneficiary under a deed of trust or any other security device, a lender, and their successors and assigns. 41.43.“Notice” means any notice, demand, or correspondence required or permitted by this Agreement. 44. “Open Space and Conservation Uses” means, and is limited to, pedestrian trails, observation areas and platforms, interpretive signs and displays, native landscaping, trail fencing, habitat restoration, any additional uses set forth in the Mitigation Plan prepared pursuant to Consent Cease and Desist Order No. CCC-12-CD-01 and Consent Restoration Order No. CCC-12-RO-01, both approved by the Coastal Commission on September 11, 2013, and any other open space, resource protection, and conservation uses that are later approved through an amendment of the LCP approved by the City and certified by the Coastal Commission. 42.45.“Party” or “Parties” means either City or Developer or both, as determined by the context. 43.46.“Periodic Review” means the review by the City of Developer’s good faith compliance with the terms of this Agreement pursuant to Section 6. 44.47.“Planning Commission” means the Planning Commission of the City. 48. “Project Grading Permit” means grading permits for the development of the Windward Residential Parcel (this is not intended to include permits related to studies, surveys, or architectural grading). 45.49.“Qualifying Non-Profit Organization” means a non-profit 501(c)3 organization that is BCLT or an accredited Land Trust. 50. “Required Approvals” means the following: •City approvals: a) Approval of Local Coastal Program Amendment No. 16-002 (the “LCPA”), consisting of General Plan Amendment No. 16-002 (the “GPA”) and Specific Plan No. 16, adopted through the approval of Zoning Map Amendment No. 16-003 and Zoning Text Amendment No. 16-004 (the “Specific Plan”). b) Approval of and entry into this Agreement; and -409- G-6 6/21/17 11:30 AM c) Approval of Coastal Development Permit No. 16-018 (the “CDP”), consisting of Conditional Use Permit No. 16-035 (the “CUP”) and Tentative Tract Map No. 18060 (the “Map”). •Coastal Commission actions: a)Certification of the LCPA, consisting of (1) an amendment to the Coastal Element of the City’s General Plan which functions as the Land Use Plan portion of the LCP, and (2) the “Windward Specific Plan,” comprised of a Zoning Text Amendment and a Zoning Map Amendment to the Implementation Plan portion of the Local Coastal Program; and b) To the extent, if any, required by Government Code Section 65869, approval of this Agreement. 46.51.“Retained Property” means any portion of the Windward SiteProperty not included within an Assignment, as set forth in Section 11.3. 47.52.“Section” refers to a numbered section of this Agreement, unless specifically stated to refer to another document or matter. 48.53.“Settlement” means the April 2016 settlement of litigation between Developer, the City, and the BCLT related to the City’s approval in 2010 of a project known as “The Ridge” which was proposed for the Windward SiteProperty. 49.54.“Settlement Program” means the Windward Conveyance, the Goodell Conveyance, and the Development, collectively and to the full extent permitted by the Applicable Rules. 50.“Settlement-Related Approvals” means the following: •City approvals: a.Approval of the LCPA, consisting of the GPA and the Specific Plan; b.a) Approval of and entry into this Agreement; and c.Approval of the CDP, consisting of the CUP and the Map. •Coastal Commission actions: a.a)Certification of the LCPA, consisting of the GPA and the Specific Plan previously approved by the City; and b.a) To the extent, if any, required by Government Code Section 65869, approval of this Agreement. For purposes of this Agreement, the Settlement-Related Approvals shall be deemed to have occurred only if Developer has concurred with their form and substance as approved. 51.55.“Specific Plan” means Specific Plan No. ___16 for the Windward Site, as may be amended from timeProperty, including future amendments to which Developer has -410- G-7 6/21/17 11:30 AM consented in writing. The Specific Plan was adopted pursuant to time to the extent permitted by this AgreementZoning Map Amendment No. 16-003 and Zoning Text Amendment No. 16-004. 52.56.“Subsequent Development Approvals” means all Development Approvals to which Developer has consented and which are approved, granted, or issued for the Development on or after the Approval Date, including, but not limited to, the CUP, the Map, and the CDP. 53.57.“Subsequent Land Use Regulations” means those Land Use Regulations which are both adopted and effective after the Approval Date and which are not included within the definition of Existing Land Use Regulations. “Subsequent Land Use Regulations” include any Land Use Regulations adopted by moratorium, initiative, City action, or otherwise. 54.58.“Tentative Map” means a tentative parcel map or tentative tract map, as defined in the Subdivision Map Act and the Zoning Code, for the Development. 55.59.“Term” means the term of this Agreement as set forth in Section 3. 56.60.“Third-Party Action” means any legal action, including appellate review, which is brought with respect to this Agreement by a person or entity other than one of the Parties, including, but not limited to, a governmental entity or official. 57.61.“TPL” means the Trust for Public Land. 58.62.“TPL Option” means the option agreement entered into between Developer and the Trust for Public Land for the purchase of the entire Windward SiteProperty and the Goodell ParcelProperty, subject to the contingencies contained in the Settlement. 59.63.“Transferred Property” means all or that portion of the Windward SiteProperty which is the subject of an Assignment by Developer. 60.64.“Windward Conveyance” means the conveyance of that portion of the Windward SiteProperty other than the Development AreaWindward Residential Parcel to either a governmental agency or a Qualifying Non-Profit Organization, such as the BCLT, acceptable to the Executive Director of the Coastal Commission, for public access, passive recreational use, habitat enhancement, and public trail purposes, as appropriateCity, for Open Space and Conservation Uses. 61.65.“Windward RemainderOpen Space Parcel” means that portion of the Windward SiteProperty identified as the “Windward RemainderOpen Space Parcel” on Exhibit B. 62.66.“Windward SiteProperty” means the approximately 5-acre parcel of land which is more particularly described in Exhibit A and depicted as the “Windward SiteProperty” on Exhibit B. 67. “Windward Residential Parcel” refers to that portion of the Windward Property designated on Exhibit B as “Windward Residential Parcel.” -411- G-8 6/21/17 11:30 AM 63.68.“Zoning Code” means the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). 69. “Zoning Map Amendment” means Zoning Map Amendment No. 16-003. -412- A-1 6/21/17 11:30 AM EXHIBIT A WINDWARD SITEPROPERTY LEGAL DESCRIPTION PROPOSED TRACT NO. 17294, BEING A SUBDIVISION OF: THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, INCLUDED WITHIN THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE NORTHEASTERLY CORNER OF THAT CERTAIN 6.2 ACRE PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED TO DONALD E. GOODELL RECORDED NOVEMBER 5, 1959 IN BOOK 4960, PAGE 87 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 89° 58' 30" WEST 450.00 FEET ALONG THE NORTHERLY LINE OF SAID 6.2 ACRE PARCEL TO A ANGLE POINT IN PARCEL 2 OF CERTIFICATE OF COMPLIANCE NO. 92-01 RECORDED SEPTEMBER 2, 1992 AS INSTRUMENT NO, 92-589755 OF SAID OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LAST ABOVE MENTIONED PARCEL 2, THE FOLLOWING COURSES: CONTINUING SOUTH 89° 58' 30" WEST 323.00 FEET AND NORTH 34° 02' 08" WEST 604.67 FEET TO A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE CENTERLINE OF LOS PATOS AVENUE AS SHOWN ON A MAP FILED IN BOOK 92, PAGES 19 THROUGH 28 OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID PARALLEL LINE AND ITS EASTERLY PROLONGATION, THE FOLLOWING COURSES: SOUTH 89° 21' 32" EAST 639.80 FEET AND SOUTH 89° 35' 35" EAST 90.18 FEET; THENCE NORTH 0° 10' 29" EAST 30.00 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINES OF TRACT NO. 10853 RECORDED IN BOOK 513, PAGES 14 THROUGH 15 AND TRACT NO. 5792 RECORDED IN BOOK 220, PAGES 8 THROUGH 11, BOTH OF SAID MISCELLANEOUS MAPS; THENCE SOUTH 89° 35' 35" EAST 383.00 FEET ALONG SAID WESTERLY PROLONGATION TO THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID 6.2 ACRE PARCEL; THENCE SOUTH 0° 10' 29" WEST 520.23 FEET ALONG SAID NORTHERLY PROLONGATION TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF HUNTINGTON BEACH RECORDED FEBRUARY 28, 2000 AS INSTRUMENT NO. 20000104631 OF SAID OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN TRACT NO. 15734, AS SHOWN ON A MAP RECORDED IN BOOK 797, PAGES 40 TO 42 INCLUSIVE, OF SAID MISCELLANEOUS MAPS. APN: 110-016-35 -413- B-1 6/21/17 11:30 AM EXHIBIT B DEPICTION OF THE WINDWARD SITE, THE DEVELOPMENT AREAPROPERTY, THE WINDWARD REMAINDERRESIDENTIAL PARCEL, THE WINDWARD OPEN SPACE PARCEL, AND THE GOODELL PARCELPROPERTY -414- B-2 6/21/17 11:30 AM -415- B-3 6/21/17 11:30 AM -416- C-1 6/21/17 11:30 AM EXHIBIT C GOODELL PARCELPROPERTY LEGAL DESCRIPTION COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINES OF BOLSA CHICA STREET AND LOS PATOS AVENUE, BOTH 60 FEET WIDE, AS SAID STREETS ARE SHOWN ON THE MAP OF TRACT 86, BLOCK 20, COAST BOULEVARD FARMS, RECORDED IN BOOK 10, PAGES 35 AND 36, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE SOUTH 00 42' 01" EAST 523.80 FEET; THENCE NORTH 890 06' 00" EAST 23.00 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING NORTH 89° 06' 00" EAST 450.00 FEET; THENCE SOUTH 0° 42' 01" EAST 600 FEET; THENCE SOUTH 89° 06' 00" WEST 450 FEET: THENCE NORTH 0° 42' 01" WEST 600 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 6.20 ACRES. APN: 110-016-18 -417- ENVIRONMENTAL CHECKLIST FORM CITY OF HUNTINGTON BEACH COMMUNITY DEVELOPMENT DEPARTMENT MITIGATED NEGATIVE DECLARATION NO. 2016-003 1.0 PROJECT INFORMATION PROJECT TITLE: Windward Residential Development Concurrent Entitlements: General Plan Amendment No. 16-002 Zoning Map Amendment No. 16-003 Zoning Text Amendment No. 16-004 Local Coastal Program Amendment No. 16-002 Tentative Tract Map No. 18060 Conditional Use Permit No. 16-035 Coastal Development Permit No. 16-018 Development Agreement No. 16-001 LEAD AGENCY: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Tess Nguyen, Associate Planner Phone: (714) 536-5271 PROJECT LOCATION: 17202 Bolsa Chica Street (east side of Bolsa Chica Street, south of Los Patos Avenue) (refer to Figure 1) PROJECT PROPONENT: Signal Landmark 27271 Las Ramblas Suite 100 Mission Viejo, CA 92691 Contact Person: Ed Mountford Phone: (949) 351-3334 GENERAL PLAN DESIGNATION: OS–P (Open Space – Park) ZONING: RA–CZ (Residential Agriculture – Coastal Zone) -418- PROJECT DESCRIPTION (Describe the whole action involved, including, but not limited to, later phases of the project, and secondary support, or off-site features necessary for implementation): The proposed project involves a request to amend the General Plan and zoning land use designations and establish the Windward Specific Plan for the subdivision and construction of 36 townhome units, open space, and associated improvements on 2.5 acres of an existing privately-owned 5-acre Windward site and a 0.3-acre City-owned parcel (north of the project site) in the coastal zone. The Windward site and City-owned parcel are currently designated as Open Space – Parks (OS–P) in the General Plan and zoned Residential Agriculture – Coastal Zone Overlay (RA–CZ). The Windward site is undeveloped, although a portion of the property was previously used as a construction staging area for the adjacent Brightwater residential development. The City-owned parcel is currently used as an informal trail by the public to access the Shea property to the east of the Windward site. The project proposes to amend the General Plan land use designation from Open Space – Parks (OS–P) to Residential Medium Density – 15 dwelling units per acre (RM) for the western half (2.5 acres) of the Windward site and maintain the land use designation of Open Space – Parks (OS–P) for the eastern half (2.5 acres) of the Windward site and the City-owned parcel (0.3 acre). The project proposes to amend the Residential Agriculture – Coastal Zone Overlay (RA–CZ) zoning designation for the Windward site (5 acres) and City-owned parcel (0.3 acre) to Specific Plan – Coastal Zone Overlay (SP–CZ). The project also consists of a zoning text amendment to establish the Windward Specific Plan for the development of the residential townhome project and dedication of open space. Under the Specific Plan, the western half (2.5 acres) of the Windward site is designated for medium density residential development while the eastern half (2.5 acres) and the City-owned parcel (0.3 acre) are designated for coastal conservation (public open space). The Specific Plan determines the land use, zoning, development standards, and infrastructure for the site. In addition, the City’s certified Local Coastal Program is proposed to be amended to reflect the land use changes. The project also includes a development agreement between the City and the Applicant to set forth and confirm the open space commitments of the proposed project, among other things. General Plan Designation Zoning Designation Existing Proposed Existing Proposed Windward Site (5 acres) OS–P RM–15 western half 2.5 acres OS–P eastern half 2.5 acres RA–CZ SP–CZ Residential western half 2.5 acres Coastal Conservation eastern half 2.5 acres City-Owned Parcel (0.3 acre) OS–P OS–P RA–CZ SP–CZ Coastal Conservation The residential development consists of the subdivision and construction of 36 townhome units, 3,800 square feet of common open space, and associated improvements on the western portion (2.5-acres) of the Windward site. The residential units are duplex townhomes with four different floor plans, featuring three -419- bedrooms and ranging in size from 2,087 to 2,202 square feet in living space with attached two-car garages. Each unit is three stories with a roof deck at a maximum height of 34.25 feet. Private open space for each unit is provided on the first floor in either the front or rear depending on the floor plan, on a second story balcony and on the third floor roof deck. A recreation area will be constructed on the northwest corner of the residential development area that will include a swimming pool, fireplace, restroom, and seating for the use of the residents. Access to the site includes two ingress/egress driveways along Bolsa Chica Street. The project is proposing construction of infrastructure improvements including street, curbs, sidewalks and storm drain facilities. The project is proposing a one-lot subdivision in accordance with the Subdivision Map Act. The tentative tract map is also subject to Title 25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and is required to be reviewed by the City’s Subdivision Committee to ensure compliance with the Subdivision Map Act, Title 25 of the HBZSO and any other related applicable codes. Open Space/Passive Park Plan The Specific Plan provides a comprehensive program to direct development of the residential and passive open space areas of the Windward site and City-owned parcel. As a part of the residential development of the western half of the Windward site, the eastern half is proposed to be dedicated to a government agency or a qualified non-profit for use as passive open space. No construction or development within the open space area is proposed. In addition, the terms of the proposed development agreement would require the developer to purchase the 6.2-acre Goodell property (undeveloped property immediately south of the Windward site located in unincorporated Orange County in unincorporated Orange County) and dedicate the property to a government agency or a qualified non-profit for passive open space purposes prior to beginning construction of the residential project. The open space portion of the Windward site is designed with a pedestrian trail which includes interpretive signage and a scenic overlook. To facilitate public access to the property, a trail system is proposed. A decomposed granite pedestrian trail would be installed on the City-owned property and connect the City- owned property to the Windward site open space area and ultimately to the Goodell property. The plan is to initially create a trail loop that starts at the southeast corner of Bolsa Chica Street and Los Patos Avenue, extends easterly through the City-owned property, which is proposed to be improved with a decomposed granite trail and landscaping, then turning southerly across the Windward site, and then turning westerly to intersect back at Bolsa Chica Street. The trail will be located at the highest elevation of the project site providing an opportunity for a scenic overlook node offering trail users unobstructed views of Saddleback Mountain in south Orange County. The trail would feature interpretive signage that would provide users with information regarding the property’s rich history. Ultimately, the trail system could be extended onto the Goodell property to create a network of trails that provide users with a variety of experiences. Construction Scenario Construction of the homes would be completed in three to four phases. Each phase of construction would take approximately five months. Rough grading and infrastructure for the project would be accomplished in a single phase approximately one month in duration. The development project site is generally flat, however, portions of the site slope gradually from west to east at elevations ranging from approximately 52 feet above mean sea level (msl) to approximately 47 feet msl. Finished pads on the west side of the residential project site, adjacent to Bolsa Chica Street, will remain relatively the same as the existing elevation. The eastern portion of the residential project site adjacent to the open space area would be raised two to four feet over existing elevations requiring approximately 2,900 cubic yards of cut and 2,100 cubic yards of fill. The remaining soil would either be reused onsite or hauled off site. -420- Project Entitlements The proposed project requires the following entitlement requests: • General Plan Amendment: to amend the Land Use Designation from Open Space – Parks (OS– P) to Residential Medium Density (RM) for the western half (2.5 acres) of the 5-acre Windward site; • Local Coastal Program Amendment: to amend the certified Land Use Plan from Open Space – Park (OS–P) to Residential Medium Density (R M) for the western half (2.5 acres) of the site and to reflect the Zoning Map and Text Amendments described below; • Zoning Map Amendment: to amend the existing zoning designation of Residential Agriculture – Coastal Zone Overlay (RA–CZ) to Specific Plan – Coastal Zone Overlay (SP–CZ) on the entire project site; • Zoning Text Amendment: to establish the Windward Specific Plan for the development of the residential townhome project and dedication of open space; • Tentative Tract Map: to subdivide the approximately 5-acre lot into one numbered lot (residential development for 36 townhome units) and one lettered lot (open space area); • Coastal Development Permit: to construct a 36-unit townhome development and associated infrastructure in the coastal zone; and • Conditional Use Permit: to permit the residential development and construction of the residential development on a site with greater than a three-foot grade differential; • Development Agreement: to confirm the open space program commitments for the development and implement the terms of the settlement agreement entered into to resolve prior CEQA litigation regarding a previously proposed development project on the 5-acre Windward site. Background In 2008, Signal Landmark proposed a project, known as The Ridge, that involved a request to amend the land use and zoning designations on an existing approximately 5-acre parcel for the subdivision and development of a 22-unit single-family planned unit development (PUD). The project proposed to amend the existing zoning from Residential Agriculture – Coastal Zone (RA–CZ) to Residential Low Density – Coastal Zone (RL–CZ) and amend the General Plan land use designation from Open Space – Parks (OS– P) to Residential Low Density – 7 units/acre (RL–7). The project also consisted of a zoning text amendment that would amend the Planned Unit Development (PUD) supplemental standards and provisions of Chapter 210.12 of the HBZSO to allow greater flexibility in the provision of parking spaces for a PUD development. In 2010, the City approved the project with all the proposed amendments to the General Plan and zoning designations. To comply with the California Environmental Quality Act (CEQA), the City adopted a Mitigated Negative Declaration (MND). Because the property is within the coastal zone, the California Coastal Commission (CCC) must approve any amendments to the City’s Local Coastal Program (LCP), therefore the City submitted the LCP amendment to the CCC for approval. In August 2010, the Bolsa Chica Land Trust filed litigation challenging the City’s approval of a MND claiming that the City should have prepared an Environmental Impact Report (EIR) rather than approving a MND. The litigation was stayed pending the outcome of the Coastal Commission’s decision. In June 2014, the City and Signal Landmark withdrew the LCP Amendment from consideration by the CCC. In April 2016, Signal Landmark, the City, and the Bolsa Chica Land Trust signed a settlement agreement in an effort to resolve the pending CEQA litigation. The settlement agreement identified two alternative -421- approaches to the disposition of the Windward site and the adjacent Goodell property. The Acquisition Alternative provides an opportunity to preserve both the Windward property and the Goodell property as open space. Signal has independently entered into an option agreement with the Trust for Public Land (TPL) for the purchase of the Windward and Goodell properties. The TPL has an 18-month period in which to raise funds to purchase both properties. The option will expire in October 2017. The purchase price will be determined by an independent third party appraisal. The Development Alternative allows Signal Landmark to pursue entitlements for residential development on approximately half of the Windward site concurrently with TPL’s pursuit of acquisition funds and commit to retaining the remaining 2.5 acres of the Windward site as open space and acquiring the 6.2-acre Goodell property and dedicating it for open space. SURROUNDING LAND USES AND SETTING: The project site is generally located at the southeast corner of Bolsa Chica Street and Los Patos Avenue. Historically, the site has been used periodically over the years for agricultural purposes, but has not been used for agriculture in approximately 11 years. The site is currently undeveloped, except for an area in the southwest portion of the property that was utilized as a storage and staging area for construction of the adjacent Brightwater Development from 2006 to 2011. The property is currently fenced and has not been used since 2011 when the construction trailers and all but one of the storage containers were removed. North of the Windward site is the undeveloped 30-foot wide City-owned parcel, which is currently used as a trail by the public to access the Shea Homes property to the east. North of the 30-foot wide parcel are multi-family apartment and condominium complexes. East of the Windward site is the undeveloped Shea property, which is approved by the City for the development of a single-family residential subdivision with a park and open space/conservation areas. The portion of the Shea property directly abutting the Windward site is designated as Open Space – Conservation. The 6.2-acre undeveloped Goodell property is located immediately south of the Windward site. The Goodell property is currently located in the County of Orange. West of the Windward site are Bolsa Chica Street and the Brightwater and Sandover Developments. Both developments consist of single-family residential uses. The Brightwater development also consists of large open space/conservation areas. Surrounding zoning and General Plan land uses designations are depicted in Figures 2 and 3. Figure 4 represents the Windward site in relation to the surrounding properties, developments and resources that are referenced within this document. OTHER PREVIOUS RELATED ENVIRONMENTAL DOCUMENTATION: None. OTHER AGENCIES WHOSE APPROVAL IS REQUIRED (AND PERMITS NEEDED): California Coastal Commission: The Local Coastal Program Amendment is required to be approved by the California Coastal Commission prior to any development of the site HAVE CALIFORNIA NATIVE AMERICAN TRIBES TRADITIONALLY AND CULTURALLY AFFILIATED WITH THE PROJECT AREA REQUESTED CONSULTATION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.3.1? IF SO, HAS CONSULTATION BEGUN? The California Native American Tribes traditionally and culturally affiliated with the project area were invited to consult with the City. No consultation have been requested. -422- Figure 1 – Project Location -423- Figure 2 – Existing and Surrounding Zoning Designations -424- Figure 3 – Existing and Surrounding Land Use Designations -425- Figure 4 – Surrounding Developments and Resources (with contours) -426- -427- 4.0 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate, if an effect is significant or potentially significant, or if the lead agency lacks information to make a finding of insignificance. If there are one or more "Potentially Significant Impact" entries when the determination is made, preparation of an Environmental Impact Report is warranted. 4. “Potentially Significant Impact Unless Mitigated” applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section 6.0 at the end of the checklist. 6. References to information sources for potential impacts (e.g., general plans, zoning ordinances) have been incorporated into the checklist. A source list has been provided in Section 6.0. Other sources used or individuals contacted have been cited in the respective discussions. 7. The following checklist has been formatted after Appendix G of Chapter 3, Title 14, California Code of Regulations, but has been augmented to reflect the City of Huntington Beach’s requirements. (Note: Standard Conditions of Approval - The City imposes standard conditions of approval on projects which are considered to be components of or modifications to the project, some of these standard conditions also result in reducing or minimizing environmental impacts to a level of insignificance. However, because they are considered part of the project, they have not been identified as mitigation measures. For the readers’ information, a list of applicable standard conditions identified in the discussions has been provided as Attachment No. 4. -428- 5.0 ENVIRONMENTAL ANALYSIS Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact 5.1 AESTHETICS Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 5.2 AGRICULTURAL RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? 5.3 AIR QUALITY The City has identified the significance criteria established by the applicable air quality management district as appropriate to make the following determinations. Would the project: a) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? b) Expose sensitive receptors to substantial pollutant concentrations? c) Create objectionable odors affecting a substantial number of people? d) Conflict with or obstruct implementation of the applicable air quality plan? e) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? -429- Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact 5.4 BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S, Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 5.5 CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in δ15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to δ15064.5? c) Directly or indirectly destroy a unique paleontological resource or site unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? 5.6 GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? -430- Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact b) Result in substantial soil erosion, loss of topsoil, or changes in topography or unstable soil conditions from excavation, grading, or fill? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of wastewater? 5.7 GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? 5.8 HAZARDS AND HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous material, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or pubic use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? -431- Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact 5.9 HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount or surface runoff in a manner which would result in flooding on or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? k) Potentially impact stormwater runoff from construction activities? l) Potentially impact stormwater runoff from post-construction activities? m) Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? n) Result in the potential for discharge of stormwater to affect the beneficial uses of the receiving waters? o) Create or contribute significant increases in the flow velocity or volume of stormwater runoff to cause environmental harm? p) Create or contribute significant increases in erosion of the project site or surrounding areas? -432- Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact 5.10 LAND USE AND PLANNING Would the project: a) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? b) Conflict with any applicable habitat conservation plan or natural community conservation plan? c) Physically divide an established community? 5.11 MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 5.12 NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 5.13 POPULATION AND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extensions of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? -433- Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact 5.14 PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? b) Police Protection? c) Schools? d) Parks? e) Other public facilities or governmental services 5.15 RECREATION Would the project: a) Would the project increase the use of existing neighborhood, community and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? c) Affect existing recreational opportunities? 5.16 TRANSPORTATION AND TRAFFIC Would the project a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses? e) Result in inadequate emergency access? -434- Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? 5.17 TRIBAL CULTURAL RESOURCES a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. 5.18 UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? h) Include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands?) -435- Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact 5.19 MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? -436- 5.1 AESTHETICS Would the project: a) Have a substantial adverse effect on a scenic vista? (Sources: 1, 22) Less Than Significant Impact. See discussion under item d. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Sources: 1, 22) No Impact. See discussion under item d. c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Sources: 1,21, 22) Less Than Significant Impact. See discussion under item d. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Sources: 1, 21, 22) Less Than Significant Impact. The project consists of amendments to the existing General Plan and zoning land use designations on the subject property to allow for a proposed 36-unit townhome subdivision development and associated improvements on the western half of an existing 5-acre lot. The project site is located on the Bolsa Chica Mesa and is currently undeveloped, although a portion of the site was used as a construction staging site for the adjacent Brightwater development. The project site is not located along a state scenic highway. There are no historic buildings, rock outcroppings or trees on the project site. The Bolsa Chica Mesa and slope is identified as a visual resource in the Coastal Element and existing policies in the Coastal Element call for the preservation of public views to and from the slope. The project, through the proposed development agreement and specific plan, would result in the preservation of approximately 8.7 acres of open space. As such, no aesthetic impacts would occur in these preserved open space areas. Moreover, assurance that these areas would be preserved as open space in perpetuity may be considered as a beneficial aesthetic impact of the project. Construction of the residential project would permanently alter the existing visual environment of the project site. The undeveloped character of the site would be developed under the proposed project. Views of the project site from the flood control channel east of the project site and Pacific Coast Highway (PCH) further in the distance would be altered. However, views of the project site from the channel and PCH, which are at a lower elevation, can be considered in the context of the overall view of the Bolsa Chica Mesa and slope. Currently, views looking toward the project site consist of the slope, open space and residential uses. Development of the project site would maintain existing views of the slope, in accordance with Coastal Element policies, and would bring residential uses into a closer context, but the overall view from the channel and PCH would essentially remain the same. Therefore, the proposed project would not substantially affect scenic views of the project site from off-site vantage points. Since the project site is currently undeveloped, the project would introduce a new source of light and glare in the area due to lighting from the residences, car lights and nighttime street lights. However, the project is proposing multi-family residential uses in an area that is developed with single- and multi-family uses and light sources from the project would be similar to existing light sources in the area. The proposed lighting plan for the project indicates that all lighting will be shielded to minimize light cast onto adjacent properties. In addition, the project site lighting will include “dark sky” features that were implemented in the adjacent Brightwater residential project and have already been determined to be appropriate for and sensitive to the Bolsa Chica area. -437- The project is proposing three story townhomes at approximately 35 feet in height. Existing residential uses north and west of the project site are two and three stories in height and private views from these residential uses would be impacted by the project. However, neither the General Plan Coastal Element nor the Coastal Act protect private views. Nevertheless, the project site is separated from adjacent multi-family residential properties to the north with a 30-foot wide parcel. The 30-foot wide area would be improved with a decomposed granite trail with native landscaping. Distances from the proposed residences to the multi-family residential units to the north would range from 80 to 160 feet. These distances combined with landscaping proposed for the 30-foot wide area would function to buffer aesthetic impacts to existing residential units from development on the project site. In addition, the project is required to comply with the City’s design guidelines to ensure that the project’s design, architecture and landscaping for the project is compatible with and would enhance the area. In conjunction with other past, present and future projects, the proposed project would incrementally contribute to aesthetic changes in the area and the change from an undeveloped to a developed condition may be viewed by some people as a negative impact. However, aesthetic impacts are somewhat subjective and others may view the development of new homes and landscaping as an improvement from the undeveloped condition of the property. The proposed project presents a high quality architectural design with a large amount of landscaping that is compatible with the surrounding uses. Based on the analysis above, aesthetic impacts from the proposed project would be less than significant. 5.2 AGRICULTURAL RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (Sources: 1,2) No Impact. See discussion under item c. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Sources: 1,2) Less Than Significant Impact. See discussion under item c. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (Sources: 1,2) Less Than Significant Impact. Much of Huntington Beach was developed with agricultural fields for many years until approximately the late 1950s when the City started to experience tremendous growth. Today, there is little land zoned or used for agricultural purposes. Most of the remaining agriculturally zoned property is limited to the existing Southern California Edison Right-of-Ways, which are generally utilized for commercial nursery operations. The project includes development of the western half (2.5 acres) of a 5-acre site with 36 townhomes and associated site improvements. The property is currently undeveloped. Historically, the property has been used intermittently over the years for agricultural purposes, but has ceased agricultural operations for the last eleven years. The site is not shown on any map of the California Resources Agency as important, unique or prime farmland. The project site is currently zoned Residential Agriculture (RA) and allows agricultural uses, single-family dwellings, nurseries and temporary uses such as storage yards. The proposed zoning -438- map amendment to SP (Specific Plan) would result in the conversion of land zoned for agricultural uses. However, as mentioned, the site is not currently used for agricultural purposes. According to the HBZSO, the intent of the RA zoning district is to provide a “transition or holding zone” for properties with “current” agricultural uses. Since the property is no longer used for agriculture, the RA zoning designation is no longer the appropriate zoning designation and impacts from the change in zoning designation from RA to SP would be considered less than significant. 5.3 AIR QUALITY The City has identified the significance criteria established by the applicable air quality management district as appropriate to make the following determinations. Would the project: a) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Sources: 1,7,13) Less Than Significant Impact. See discussion under item e. b) Expose sensitive receptors to substantial pollutant concentrations? (Sources: 1,7,13) Less Than Significant Impact. See discussion under item e. c) Create objectionable odors affecting a substantial number of people? (Sources: 1,7,13) Less Than Significant Impact. See discussion under item e. d) Conflict with or obstruct implementation of the applicable air quality plan? (Sources: 1,7,13) Less Than Significant Impact. See discussion under item e. e) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Sources: 1,7,13) Less Than Significant Impact. The City of Huntington Beach is located within the South Coast Air Basin, which is regulated by the South Coast Air Quality Management District (SCAQMD). The entire Basin is designated as a national-level nonattainment area for Ozone and fine particulate matter (PM2.5). The Basin is also a State-level nonattainment area for Ozone, PM10 and PM2.5. Population groups such as children, the elderly, and acutely and chronically ill persons, especially those with cardio-respiratory diseases, are considered more sensitive to air pollution than others. Sensitive receptors in the area include residents in nearby developments to the north and west. The nearest sensitive receptors would be residents of the multi- family residential area north of the project site approximately 40 feet from the project site boundary. Impacts from objectionable odors could potentially occur during construction of the project from equipment exhaust and construction activities. However, construction odors would be intermittent and short-term and would not persist once construction was completed. Residential uses in general are not sources of objectionable odors. Potential odors would be limited to typical household wastes, which are stored in refuse containers and picked up on a weekly basis. As such, impacts from odors would be less than significant. The 2012 Air Quality Management Plan (AQMP) is the region’s applicable air quality plan and was prepared to accommodate growth, to reduce the high levels of pollutants within the areas under jurisdiction of the SCAQMD, to return clean air to the region, and minimize the impact on the economy. Projects with pollutant emissions that do not exceed the SCAQMD daily threshold or that are considered to be consistent -439- with the General Plan are considered to be consistent with the AQMP. Although the proposed project is proposing a General Plan amendment to change the land use designation, the growth in population size and number of housing units as a result of the project is consistent with the growth accounted for in the General Plan (refer to discussion under Section 5.13 Population and Housing). Therefore, the proposed project would not conflict with the AQMP and impacts would be less than significant. The construction of the project may result in short-term air pollutant emissions from the following activities: the commute of workers to and from the project site; grading activities, delivery and hauling of construction materials and supplies to and from the project site; fuel combustion by on-site construction equipment; and dust generating activities from soil disturbance. Table 1 and 2 below provide the proposed project’s construction and operational emissions and compare them to the regional and localized significance thresholds of the SCAQMD. Emissions were derived using CalEEMod (Version 2013.2.2) modeling software. Table 1: Short-Term Construction Emissions Construction Phase Total Regional Pollutant Emissions, lbs/day ROG NOX CO SO2 PM10 PM2.5 CO2e Site Preparation 2.6 29 18 0.02 2.2 1.4 3.5 Grading 2.7 28 19 0.02 4.7 2.9 6.1 Building Construction 3.4 23 18 0.03 1.8 1.5 270 Paving 1.7 17 13 0.02 1.1 0.98 8.8 Architectural Coating 29 2.2 2.1 0.00 0.23 0.18 1.55 Peak Daily Emissions 29 29 19 0.03 4.7 2.9 290 SCAQMD Thresholds 75 100 550 150 150 55 No Threshold Significant Emissions? No No No No No No LST Threshold N/A 197 1,711 N/A 14 9 Significant? N/A No No N/A No No Source: LSA Associates, Inc., August 2016 Table 2: Long-Term Operational Emissions Category Pollutant Emissions, lbs/day ROG NOX CO SOX PM10 PM2.5 Area 0.95 0.04 3.0 <0.01 0.06 0.06 Energy 0.02 0.19 0.08 <0.001 0.02 0.02 Mobile 0.76 0.70 8.2 0.02 1.9 0.50 Total Project Emissions 1.7 0.92 11 0.02 1.9 0.58 SCAQMD Thresholds 55 55 550 150 150 55 Significant? No No No No No No LST Threshold N/A 197 1,711 N/A 4 2 Significant? N/A No No N/A No No Source: LSA Associates, Inc., August 2016 CO = carbon monoxide CO2e = carbon dioxide equivalent lbs/day = pounds per day NOx = nitrogen oxides PM2.5 = particulate matter less than 2.5 microns in size PM10 = particulate matter less than 10 microns in size ROG = reactive organic compounds SCAQMD = South Coast Air Quality Management District SOx = sulfur oxides As shown in the emissions tables, the project would not result in an exceedence of any regionally significant thresholds or localized significance thresholds (LST). LSTs are developed based on the ambient -440- concentrations of a pollutant for each source receptor area and the distance to the nearest sensitive receptor to determine a project’s localized air quality impacts. Based on siting recommendations within the California Air Resources Board’s (CARB) Air Quality and Land Use Handbook (CARB 2005), a detailed health risk assessment should be conducted for proposed sensitive receptors within 1,000 feet of a warehouse distribution center, within 300 feet of a large gas station, within 50 feet of a typical gas dispensing facility, or within 300 feet of a dry cleaning facility that uses perchchloroethylene (PCE), among other siting recommendations. In addition, the CARB recommends that a health risk assessment be prepared for any sensitive receptors proposed within 500 feet of a highway. The project site is located in a residential neighborhood and is not within the screening distances of any listed resource of TACs. Furthermore, once constructed, the proposed project itself would not emit TACs. Therefore, impacts to sensitive receptors from TACs would be less than significant. The project would not violate any air quality standard or contribute substantially to an existing or projected air quality violation. In addition, since the project would not result in an exceedence of established thresholds, the project would not result in exposure of sensitive receptors to substantial pollutant concentrations. As the project is consistent with the AQMP and does not result in an exceedence of thresholds for non-attainment pollutants and ozone precursors NOX and VOC, it would not result in cumulatively considerable impacts to air quality and less than significant impacts would occur. 5.4 BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S, Fish and Wildlife Service? (Sources: 1,8,9,22) Potentially Significant Impact Unless Mitigated. See discussion under item f. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? (Sources: 1,22) Less Than Significant Impact. See discussion under item f. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Sources: 1,8,9,22) Less Than Significant Impact. See discussion under item f. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites? (Sources: 1,22) Less Than Significant Impact. See discussion under item f. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Sources: 1,22) No Impact. See discussion under item f. -441- f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Sources: 1,8,9,22) No Impact. The approximately five acre Windward site is currently undeveloped. Historically, the site has been used periodically for agricultural purposes but has never been developed. A designated wetlands area is located approximately 200 feet east of the subject property at the closest point. The subject property is entirely outside of the required buffer area for the adjacent wetlands designation. To the east of the proposed project on the Shea property is a stand of eucalyptus trees that have been determined by the California Coastal Commission to be an environmentally sensitive habitat area (ESHA) because of their value to raptors for nesting and perching. In March 2010, a biological resources assessment was prepared by LSA, Inc., for the 5-acre Windward site. In August 2016, an updated assessment of biological resources was prepared by LSA, Inc., for the 5-acre Windward site and the 6.2-acre Goodell property. According the report, the project site consists of two types of habitat: fallow agricultural land and barren land (gravel). The following discussion on the project’s potential impacts to biological resources is based on the Biological Resources Assessments. Existing Plant Species In 2010, the gravel area of the project site was found to be barren with nearly no vegetation other than a few tumble mustard and dwarf nettle individuals. The most common species observed in the agricultural area of the project site included amaranthus, lamb’s quarters, nettle-leaved goosefoot, Italian thistle, common horseweed and shortpod mustard. In 2016, the types and quality of plant communities present are much as they were mapped and described in 2010. Some areas previously mapped as disturbed or barren are now dominated by nonnative ruderal vegetation, and to a lesser extent some areas previously mapped as ruderal vegetation are now disturbed or barren. A few California sagebrush plants are present along the south-central edge of the Goodell property. These small clusters of California sagebrush are in a very disturbed area and do not appear to have been mapped previously. The small patch of mulefat scrub and the saltbush scrub plant communities in the north-central area of the Goodell property appear to have changed little in terms of size and distribution over the past decade. Existing Wildlife Species Several wildlife species commonly associated with ruderal habitat types have been observed within the project site. In 2009, one reptile, 40 bird and four mammal species were observed or detected within the project site. Birds regularly using the site include mourning dove, Anna’s hummingbird, black phoebe, California towhee, western meadowlark and house finch. Migrant species include Cassin’s kingbird, yellow-rumped warbler, Savannah sparrow and white-crowned sparrow. Common mammals include the California ground squirrel, Botta’s pocket gopher, Audubon’s cottontail and coyote. The western fence lizard has also been observed on the project site. Although regular use of the surrounding area by raptors is well documented, little activity within the project site itself has been documented. The only diurnal raptors that have nested regularly in this area in the last 10 years have been Cooper’s hawks. In most years (including 2016), they nest in the eucalyptus grove east of the project site, but they have nested in the trees south of the Goodell property and apparently in the residential area north of the project site as well. Common ravens also usually nest in the grove east of the project site. One year, a pair of white-tailed kites began constructing a nest high in the same grove, but they did not follow through with the nesting attempt. It has been observed that very little use of either parcel by foraging raptors has been observed over the years. Special Status Species Plants There is only one special-status plant species, Southern tarplant, with a moderate to high probability of occurring on the project site. Because Southern tarplant is tolerant of and favors disturbed growing conditions, small numbers could occur on the project site. However, no special-status plant species were observed at the project site in 2016 and none has been previously reported on that property. Scattered -442- Southern tarplant populations have been found on the Bolsa Chica Mesa. In 2016, several groupings of southern tarplant were located on the Goodell property immediately south of the project site along with locations and quantities identified in previous years. This particular special-status plant species is often associated with highly disturbed conditions and occurs extensively in the vicinity of the study area. Therefore, a pre-construction survey is necessary to ensure that potential impacts to Southern tarplant will be less than significant. The following mitigation measure is recommended: BIO-1: Prior to construction-related ground disturbing activity, a qualified biologist shall survey the project site for presence of Southern tarplant during the appropriate blooming period, May – November. If feasible, the survey shall be conducted during the peak blooming period for the year. Any substantial occurrence (at least 500 mature individuals) shall be preserved on-site or relocated to open space areas in the Bolsa Chica area. If relocation is required, a Southern tarplant relocation program shall be prepared by a qualified biologist and implemented prior to the onset of construction. Animals One butterfly and two avian special status species have been found on the project site. However, several additional species are known to occur in the vicinity of the project site and, as such, may occur on the project site. These species include the monarch butterfly, which is primarily found among the off-site eucalyptus trees, and the white-tailed kite, Cooper’s hawk, Allen’s hummingbird, coastal California gnatcatcher and Belding’s Savannah sparrow, all of which have nested in the vicinity of the project site. Most of the special-status species have a low probability of occurring on the project site. However, some have moderate to high potential for occurring or were observed within or adjacent to the project area. Since at least 2014 coastal California gnatcatchers have nested annually in coastal sage scrub and saltbush scrub contiguous with the Goodell property and the birds are occasionally seen on the Goodell property. Habitat within the project site is relatively small and marginal in quality for most of these species. In addition, nearly all of the special status species that may occur within the project area primarily utilize urban development for nesting and foraging or the off-site eucalyptus ESHA or pickleweed salt marsh. Both of these habitats will be preserved as part of another project in the vicinity. Given that the project site does not contain any environmentally sensitive habitat area, wetlands or habitat of significant value, impacts to special status species would be considered less than significant. In addition to the field surveys that LSA conducted to identify plant and animal species, focused burrowing owl surveys were conducted in accordance with the California Burrowing Owl Consortium (CBOC) protocol. LSA did not observe any burrowing owls or potential owl burrows within or adjacent to the project site during the surveys. However, small mammal burrows on the project site as well as rodent burrows outside the project area were present that burrowing owls can modify for their own use. Regular surveys of the surrounding Bolsa Chica Mesa area over the last decade have observed burrowing owls only during the wintering season from October to March. According to the Biological Resources report, there is a very low chance that the burrowing owl would occur on the site prior to development. However, pre- construction surveys would be necessary to verify absence of the species or their burrows as well as to implement protective measures in the event that burrowing owls are found to be present on the site. No permanent habitat preservation is necessary since there is no recent history of breeding burrowing owls on the project site and ample opportunity for the establishment of breeding area in surrounding unoccupied preserved habitat is available. The following mitigation measure is recommended: BIO-2: Prior to construction-related ground disturbing activity, focused burrowing owl surveys shall be conducted in accordance with the CBOC and California Department of Fish and Wildlife (CDFW) established protocols on the project site. If no occupied burrows are found, the methods and findings of the surveys shall be reported to the City and CDFW for review and approval and no further mitigation would be required. If unoccupied burrows are found during the nonbreeding season, the burrows shall be collapsed or otherwise obstructed to prevent owls from entering and nesting in the burrows. -443- If occupied burrows are found, a buffer of 165 feet (during the nonbreeding season of September 1 through January 31) or 250 feet (during the breeding season of February 1 through August 31) shall be provided. The buffer area may be adjusted based on recommendations by a qualified biologist in consultation with the CDFW. No activity shall occur within the buffer area until a qualified biologist confirms that the burrow is no longer occupied. If the burrow is occupied by a nesting pair, a minimum of 6.5 acres of foraging habitat contiguous to the burrow shall be maintained until the breeding season is over. The 6.5 acres would consist of the five acres of the project site as well as the adjacent 6.2 acre Goodell property. The western portion of the Shea property is designated as permanent open space providing an additional 19 acres of foraging habitat. If avoidance of an occupied burrow is not feasible, on-site passive relocation techniques approved by the CDFW shall be used to encourage the owls to move to an alternative borrow outside of the impact area. However, no occupied burrows shall be disturbed during the nesting season unless a qualified biologist verifies through noninvasive methods that juveniles from the occupied burrows are foraging independently and are capable of independent survival. Implementation of the recommended mitigation measure will ensure that impacts to burrowing owls will be less than significant. Impacts from development of the project site on surrounding habitat areas, including the adjacent eucalyptus ESHA east of the subject property, could occur from the intrusion of people and pets in the area as well as from noise, light, dispersal of nonnative plants and introduction of pests and feral species. It should be noted that these impacts already occur due to the proximity of other residential development to the habitat areas. The proposed project includes several design measures that would reduce or eliminate these impacts such as perimeter fencing to separate and deter humans and pets from disturbing the preserved habitat areas and dark sky lighting as well as restrictions on the type of exterior lighting that residents of the project can use in the future. Standard requirements of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) require a Domestic Animal Control Plan, a Pest Management Plan and other performance standards for developments adjacent to an ESHA to minimize impacts. In addition, raptor species that would nest in the adjacent eucalyptus ESHA are very tolerant of human activity. In fact, according to the Biological Resources report, previous Cooper’s hawk nests were constructed within 50 feet of the residential condominium complex north of the eucalyptus ESHA. These hawks were also frequently observed foraging in existing residential areas. LSA has also noted that average distances at which perching raptors were flushed by approaching humans in the Bolsa Chica area range from 24 to 57 feet depending on the height of raptors in the trees. The property boundary for the proposed residential project is approximately 350 feet from the closest point of the ESHA. Furthermore, the Biological Resources report states that raptors are more likely to habituate to stationary human presence associated with residences than they are to hikers, dog walkers and bird watchers that currently frequent the area. As part of the approval of a Land Use Plan for the Shea property in 2008, the Coastal Commission required that 23 acres surrounding the ESHA be designated as buffer/open space to maintain foraging habitat for raptors and to protect against any significant disruption of habitat values. Because the proposed residential development is on the western half of the project site, the land between the proposed residential development and the eucalyptus trees is approximately 25.5 acres. Given the 23 acres that have been designated as open space for raptor foraging habitat on the Shea property in addition to the 2.5 acres on the project site that provide an additional open space buffer between the proposed residential development and the eucalyptus ESHA and implementation of standard code requirements for development adjacent to an ESHA, the project’s design, and the adaptable nature of raptors that use the area, impacts to adjacent resources, including the eucalyptus ESHA, are less than significant. The proposed project does not conflict with any adopted Habitat Conservation Plan or Natural Community Conservation Plan as no such plan exists for the City of Huntington Beach. The City does not have any adopted ordinances protecting biological resources. The project would not impact either local policies or an adopted Habitat Conservation Plan or Natural Community Conservation Plan. -444- 5.5 CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in δ15064.5? (Sources: 5,6) Potentially Significant Impact Unless Mitigated. See discussion under item b. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to δ15064.5? (Sources: 5,6) Potentially Significant Impact Unless Mitigated. The proposed project involves the subdivision of an approximately 2.5-acre site for the construction of 36 townhomes and associated improvements including a 3,800 square foot recreation area on currently undeveloped land. The project site was historically used for agricultural purposes and a portion of the site was used for temporary construction headquarters for the adjacent Brightwater development. The project site is located on what is commonly referred to as the Bolsa Chica Mesa where several significant cultural sites are known to exist. A number of surface and subsurface archaeological investigations have occurred in the area over the last fifty years. Archaeological reports for the Windward site (formerly known as the Ridge) were prepared by Scientific Resource Surveys (SRS), Inc. in May 2009 and April 2013 and discuss previous investigations of the archeological site, CA-ORA-86 “Herring’s Site E”. According to the reports, the project site contained remnants of CA-ORA-86, which has been the subject of 33 separate archeological investigations, including nine surveys, five site form recordations, five surface collections, five excavation programs, one grading monitoring program, two site inspections, one research design and nine evaluations of the site for significance. CA-ORA-86 has been modified in size and shape through time and is frequently combined with CA-ORA-144 “The Water Tower Site” and CA-ORA-83 “The Cogged Stone Site”, although it is recorded as a distinct site. The site was first formally mapped in 1961 along the slope edge east of Bolsa Chica Street on the subject site and extending northeast where residential development is now located. CA- ORA-86 was first formally recorded in 1964 and showed essentially the same boundaries as the 1961 map. Since the site was first recorded, it has been disturbed through agricultural activities, a soils enhancement program in which peat deposits were mixed into the sediments, and residential construction in the northern portion of the site (north of Los Patos). In the 1960s and 1970s, several investigations were conducted west of Bolsa Chica Road to verify that the site boundaries were confined to the slope edge east of Bolsa Chica Street. However, investigations in the 1980s and early 1990s re-recorded the site and extended the boundaries west of Bolsa Chica Street and east of the slope edge down into the lowlands. Subsequent archeological investigations in 1999 showed that materials on the property west of Bolsa Chica Street (now the Sandover residential development) were mechanically moved to this location and therefore did not constitute a cultural resource. In 2001, CA-ORA-86 was investigated and the entire project site was subjected to a multistaged program that included a surface survey, surface artifact collection, a systematic auger program, backhoe trenching and hand excavations. One small deposit was found in the southeast corner of the property on the slope edge. Geophysical investigations revealed an oval depression at the deposit site that was identified as the subterranean remains of a single structure (house pit). The subsurface remains of the structure were completely removed by hand excavation, which recovered the entire cultural deposit. No other intact deposits of CA-ORA-86 were found on the project site. Carbon dating of the artifacts found near the house pit indicate that ORA 86 is much younger (2250-2080 BP) than the neighboring ORA 83 (10,100-8320 BP). In 2013, the California Coastal Commission notified the property owner Signal Landmark that the 2001 archaeological investigation conducted by SRS on the project site constituted unpermitted development in -445- violation of the California Coastal Act. Signal Landmark, along with the neighboring property owner the Goodell Family Trust, agreed not to contest the violations and in September 2013 the Coastal Commission issued Consent Orders mandating that the property owners: 1) perform no further unpermitted development; 2) restore the excavated areas; 3) in consultation with the affected Native American tribal groups, specify final treatment of cultural materials removed from the property and; 4) undertake a mitigation program on the properties to promote conservation of Native American cultural resources in coastal Orange County. The first three requirements listed above have been satisfied and the fourth is pending the outcome of the TPL acquisition effort or the implementation of the Windward Specific Plan if the acquisition is unsuccessful. The 2001 subsurface investigation conducted by SRS (as described in the 2009 and 2013 reports) indicates that the western half of the five acre parcel where development is proposed (i.e., the 2.5 acre Windward project site), is the most disturbed portion of the property, and is less likely to contain cultural resources than the eastern half, where the house pit was located. However, given the significance of ORA 86 and the surrounding cultural sites, in and abundance of caution, the following mitigation measures shall be implemented to protect any potentially significant intact cultural deposits that may exist on the proposed development site. CR-1. Prior to any development, the Applicant shall retain a City-approved Archaeologist who meets the Secretary of Interior Standards for both Archaeology and History. An Archaeological Mitigation and Monitoring Plan (AMMP) shall be developed prior to initiating construction to outline “controlled archaeological grading methods,” which has been shown to be an effective investigative method for locating previously unknown resources on Bolsa Chica Mesa. The plan shall include protocol for the mitigation of cultural resources through a research design and recovery/preservation plan, including significance testing of inadvertent archaeological finds; lab analysis, curatorial requirements, and reporting requirements; and identification of an acceptable repository for all recovered material with curatorial fees being paid by the Applicant. CR-2. In accordance with CR-1 and the AMMP, controlled archaeological grading shall occur across the entire Windward project site prior to the issuance of a grading permit for residential development of the project site. Archaeological grading shall consist of using mechanized equipment where the plowzone is removed in approximate 2 centimeter depth increments by a mechanical scraper, as part of the controlled grading effort and under the supervision of the archaeological site supervisor. The grading process shall be limited to slow excavation in small horizontal areas providing ultimate control. The archaeologist(s) and Native American Monitor(s) shall examine the soils as they are exposed. Previous investigation have shown that once below the plowzone, soils consist of: 1) basal midden remnants (beige-yellow in color) or 2) Pleistocene terrace deposits (red in color). Culturally-sterile Pleistocene terrace deposits are shallow at this location, reached at a maximum depth of 150cm below the surface. The entire process shall be monitored by both Gabrielino and Juaneno Native American monitors. Monitoring will occur with at least one archaeologist and one Native American monitor per equipment array that is operating. CR-3: All construction personnel shall be instructed to stop work on the project site in the event of a potential find, until the archaeologist and Native American Monitors have been able to assess the significance of the find and implement appropriate measures as outlined in the AMMP to protect or scientifically remove the find. Construction personnel shall also be instructed that unauthorized collection of cultural resources is prohibited by law. If archaeological resources are discovered during ground- disturbing activities, the archaeologist has the authority to cease all earthwork in the immediate area of the finds (within 50 feet) until the find can be evaluated for significance. In the absence of a determination, all archaeological resources shall be considered significant. If the resource is determined to be significant, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. -446- CR-4: In the event cultural resources are exposed in any overlying basal midden remnants during the controlled archaeological grading, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. Specific protocol for uncovering the resource and analyzing its significance will be detailed within this plan. The protocol shall establish procedures for various types of archaeological resources that may be discovered. Because of their cultural significance, however, if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or religious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. CR-5: If human remains are discovered during construction or any earth-moving activities, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric, the Coroner must notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site and may recommend or deny scientific removal and nondestructive analysis of human remains. If the human remains are determined to be in situ, i.e., they have not been moved or relocated to the site of discovery, the preservation methods in CR-4 shall apply. Coastal Commission-approved archaeologists at this site included independent professionals who had reviewed data from all previous investigations prior to any SRS work at the site and consulted with archaeologists from the 1970s-1990s. This peer review group oversaw SRS subsurface research and confirmed the earlier conclusions that required mitigation would be limited to monitoring during grading and ground disturbing activities; and that mitigation measures requiring preservation or additional data recovery were not necessary. Further in, an abundance of caution, in 2015 all SRS work was reviewed by an independent outside peer reviewer unfamiliar with all interested parties who provided a neutral opinion reinforcing the previously determined conclusions of the original peer review group. Therefore, with implementation of mitigation measures CR-1, CR-2, CR-3, CR-4, and CR-5, potential impacts to cultural resources would be less than significant. c) Directly or indirectly destroy a unique paleontological resource or site unique geologic feature? (Sources: 5,6) Potentially Significant Impact Unless Mitigated. To date, no paleontological resources have been recorded on the project site. Although important resources such as main terraces and Quaternary deposits have been identified in nearby areas, the proposed site grading operations will not extend below five feet and therefore will not have the potential to disturb paleontological resources. In the event that grading or excavation for utilities or other project components requires work below five feet, there is a potential for encountering paleontological resources. Compliance with the mitigation measure below ensures that prior to grading activities, a qualified paleontologist has been retained to conduct a literature review and field survey, a pre-grade salvage operation, and to monitor grading operations, and ensures that the impact remains less than significant. CR-6: Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the City that a City-approved paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre-grade conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. -447- d) Disturb any human remains, including those interred outside of formal cemeteries? (Sources: 5,6) Potentially Significant Impact Unless Mitigated. See discussion under item b. 5.6 GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Sources: 1,4,11,17) Less Than Significant Impact. See discussion under item iv. ii) Strong seismic ground shaking? (Sources: 1,4,11,17) Less Than Significant Impact. See discussion under item iv. iii) Seismic-related ground failure, including liquefaction? (Sources: 1,4,11,17) Less Than Significant Impact. See discussion under item iv. iv) Landslides? (Sources: 1,4,11,17) Less Than Significant Impact. The subject site is currently undeveloped except for a portion of the site that was used for construction headquarters for the adjacent and under construction Brightwater development. The site is not located within an Earthquake Fault Zone and no known or potentially active faults cross the site. The nearest known active fault is the Newport-Inglewood fault located approximately 2,000 feet southwest of the project site. The site is not located within a Seismic Hazard Zone for earthquake induced slope instability or liquefaction. However, the site is adjacent to a Seismic Hazard Zone for earthquake-induced liquefaction. In the event of a large earthquake at the nearby Newport-Inglewood fault, the site would experience significant ground shaking. A geotechnical feasibility study (LGC, 2008) for the project states that the project site consists of loose to dense, brown to orange-brown sands, gravels and cobbles and soft to medium-stiff, brown and grey- brown silts and sandy clays. It is anticipated that these materials are overlain by varying thickness of topsoil and colluvial materials. Historic high groundwater levels in the vicinity of the subject site have been reported at 20 feet below the ground surface. Potential for liquefaction is anticipated to be low due to the lack of shallow groundwater conditions and the anticipated dense nature of the site soils. However, due to the proximity of the project site to a Seismic Hazard Zone for potential liquefaction, the geotechnical report recommends further subsurface testing on the project site prior to preparation of construction and grading plans. The geotechnical report also indicates that it is anticipated that the site soils have very-low to medium expansion potential and negligible potential for concrete and metal corrosion. Based on the low expansion potential, conventional shallow foundations with proper reinforcement or post-tension ribbed or mat foundations could be used to support the proposed residential structures at the site. The proposed development would be required to comply with the California Building Code (CBC), which includes regulations for projects to be designed to withstand seismic forces. In addition, pursuant to the preliminary geotechnical report, the project is required to conduct subsurface exploration and -448- laboratory soil testing, to further evaluate the nature and engineering characteristics of the underlying soils. The final project design will address liquefaction potential and any moderate shrinkage or subsidence that may result from soil removal and recompaction to ensure that the finished building pads are not unstable. Adherence to the seismic design and construction parameters of the CBC and the City’s Municipal Code, would ensure protection of future residents of the project from impacts associated with seismic activity. Additionally, the project would be required to implement the recommendations of the geotechnical report into the final design and construction of the proposed project. Less than significant impacts would occur. b) Result in substantial soil erosion, loss of topsoil, or changes in topography or unstable soil conditions from excavation, grading, or fill? (Sources: 1,4,11,17) Less Than Significant Impact. See discussion under item e. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? (Sources: 1,4,11,17) Less Than Significant Impact. See discussion under item e. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Sources: 1,4,11,17) Less Than Significant Impact. See discussion under item e. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of wastewater? (Sources: 1,4,11,17) Less Than Significant Impact. The project site is located on the Bolsa Chica Mesa. Although the project site is generally flat, portions of the site slope gradually from west to east at elevations ranging from approximately 52 feet above mean sea level (msl) to approximately 47 feet msl. Finished pads on the west side of the residential project site, adjacent to Bolsa Chica Street, would remain relatively the same as the existing elevation. The eastern portion of the residential project site adjacent to the open space area would be raised two to four feet over existing elevations requiring approximately 2,900 cubic yards of cut and 2,100 cubic yards of fill, although it is anticipated that all soil will be able to be reused on site. According to the Geotechnical Feasibility Study (LGC, 2008), over-excavation and recompaction of near surface soils is anticipated to occur during site preparation and grading. Based on other projects in the vicinity, it is anticipated that the depth of over-excavation would not exceed five to 10 feet. According to the geotechnical feasibility study, the on-site soils are considered generally suitable for use as compacted fill and support the planned improvements, including the proposed drainage system. The project proposes to develop on a currently undeveloped site and would increase the potential for on- site and off-site erosion. Although the project does have the potential to contribute additional runoff, the project’s proposed storm drain system would be designed such that it would limit the amount of post- construction runoff so that the downstream storm drain system is not impacted. Earth-disturbing activities associated with construction would be temporary. The State Water Resources Control Board and the City’s Municipal Code require erosion and sediment controls for construction projects with land disturbance. The requirements include preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP); preparation and implementation of an erosion and sediment control plan, describing both construction-period and permanent erosion and sediment controls; and construction site inspection by the City. The project is subject to the provisions of the General Construction Activity Stormwater Permit adopted by the State Water Resources Control Board (SWRCB). The project applicant must submit a Notice of Intent (NOI) to the SWRCB for coverage under the Statewide General Construction -449- Activity Stormwater Permit and must comply with all applicable requirements, including the preparation of a SWPPP, applicable NPDES Regulations, and best management practices (BMPs). The SWPPP must describe the site, the facility, erosion and sediment controls, runoff water quality monitoring, means of waste disposal, implementation of approved local plans, control of sediment and erosion control measures, maintenance responsibilities, and non-stormwater management controls. The project is required to comply with Title 17 Excavation and Grading Code, in addition to implementing the recommendations of the geotechnical investigation to address potential impacts from expansive soils. In addition, the existing sewer system, constructed in 2006 for the Brightwater Development, would accommodate the proposed project and as such, the project would not require an alternative wastewater disposal system. Compliance with all applicable codes and requirements, in addition to implementation of site-specific recommendations required in the preliminary geotechnical study, would ensure less than significant impacts would occur. 5.7 GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? (Sources: 7,13) Less Than Significant Impact. See discussion under item b. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? (Sources: 7,13) Less Than Significant Impact. The CEQA Guidelines state that, where available, significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make determinations regarding air quality impacts. State CEQA Guidelines Section 15064.4 provides guidance to lead agencies for determining the significance of impacts from GHG emissions and states that a lead agency should make a good-faith effort, to the extent possible, based on scientific and factual data to describe, calculate, or estimate the amount of GHG emissions resulting from a project. When assessing the significance of impacts from GHG emissions, a lead agency should consider: (1) the extent to which the project may increase or reduce GHG emissions compared with existing conditions; (2) whether the project’s GHG emissions exceed a threshold of significance that the lead agency determines applicable to the project; and (3) the extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions. The SCAQMD has adopted a 10,000 metric tons (MT) significance threshold for industrial facilities where SCAQMD is the lead agency. However, this 10,000 MT significance threshold is not applicable to the proposed project because the project is not an industrial facility. Neither the City nor the SCAQMD have adopted quantitative thresholds for GHG emissions from development projects; however, the SCAQMD has proposed screening levels such that projects that fall below 3,000 MT CO2e annually are considered to comply with the GHG emission reduction strategy as mandated by AB 32 (SCAQMD 2003). The screening thresholds represent the level of GHG emissions under which a project would be considered to have a less- than-significant impact on the environment without the need for further mitigation. Other quantitative thresholds have been adopted or recommended by other public agencies, including other air districts, or recommended by experts throughout the state, such as the 900 MT CO2e (approx. ˃ 54 dwelling units) threshold contained within California Air Pollution Control Officers Association’s (CAPCOA’s) CEQA and Climate Change Report. CAPCOA’s 900 MT threshold level is the lowest existing quantitative -450- threshold within the state. The GHG emissions from the proposed project were quantified using CalEEMod and are shown in Table 3. Table 3: Cumulative Greenhouse Gas Emissions Category Pollutant Emissions, MT/year Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Construction emissions amortized over 30 years 0 9.6 9.6 < 0.01 0 9.7 Operational emissions Area 0 9.3 9.3 < 0.01 < 0.01 9.3 Energy 0 90 90 < 0.01 < 0.001 90 Mobile 0 239 239 0.01 0 239 Waste 3.4 0 3.4 0.20 0 7.5 Water 0.74 13 14 0.08 < 0.01 16 Total Project Emissions 4.1 361 365 0.29 0 372 Source: LSA Associates, Inc., August 2016 Note: Numbers in table may not appear to add up correctly due to rounding of all numbers to two significant digits. Bio-CO2 = biologically generated CO2 CH4 = methane CO2 = carbon dioxide CO2e = carbon dioxide equivalent MT/year = metric tons per year N2O = nitrous oxide NBio-CO2 = non-biologically generated CO2 According to CAPCOA, GHG emission impacts are exclusively cumulative impacts from a climate change perspective. Therefore, this analysis evaluates the cumulative contribution of project-related GHG emissions. Construction activities associated with the project would result in GHG emissions from fuel combustion within construction equipment and vehicles traveling to and from the project site. Consistent with SCAQMD draft guidelines, construction emissions are summed and amortized over a 30-year project life and then added to operational emissions. As shown in Table 3, total GHG emissions are expected to be below the 3,000 MT CO2e SCAQMD threshold as well as the more stringent CAPCOA threshold of 900 MT. Consequently, the impact of GHG emissions from the project would be less than significant. As discussed above, project emissions would be below the CAPCOA threshold of 900 MT CO2e and below 3,000 MT CO2e SCAQMD threshold, which were developed to help achieve the GHG emissions reduction goals of AB 32. As such, the proposed project would be consistent with the AB 32 goal of reducing statewide GHG emissions to 1990 levels by 2020. Therefore, the project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases pursuant to AB 32. A less than significant impact would occur. 5.8 HAZARDS AND HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Sources: 1,21,22) Less Than Significant Impact. See discussion under item b. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Sources: 1,21,22) -451- Less Than Significant Impact. The site was historically used for agricultural purposes and, as such, may contain traces of pesticides in the soil. The site is currently undeveloped, except for a portion of the site that was used for temporary construction headquarters for the adjacent Brightwater development. The proposed residential units do not represent uses that involve the routine use or transport of hazardous materials beyond typical household wastes and cleaning products. To the extent possible, on-site soils will be used for grading, however, all fill soil shall meet City Specification #431-92 – Soil Cleanup Standards and would be submitted to the Fire Department for review and joint approval with the Public Works Department prior to issuance of a grading permit. Discovery of additional soil contamination during ground disturbing activities is required to be reported to the Fire Department immediately and the approved work plan modified accordingly in compliance with City Specification #431-92. Compliance with City Specification #431-92 ensures that less than significant impacts would occur. c) Emit hazardous emissions or handle hazardous or acutely hazardous material, substances, or waste within one-quarter mile of an existing or proposed school? (Sources: 1,21,22) Less Than Significant Impact. The nearest school, Marine View Middle School, is located approximately ½ mile from the project site. The proposed residential units do not represent uses that involve the routine use or transport of hazardous materials beyond typical household wastes and cleaning products. Less than significant impacts would occur. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Sources: 1,18,21,22) No Impact. The project site is not listed on any list of hazardous sites. As such, no impacts would occur. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1,21,22) No Impact. See discussion under item f. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1,21,22) No Impact. The City is located within the Airport Environs Land Use Plan for the Joint Forces Training Base Los Alamitos, but is not located within two miles of a public or private airport. However, given the nature and size of the proposed project, no impacts would occur. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Sources: 1,21,22) No Impact. The site was historically used for agricultural purposes and is currently undeveloped, except for a portion of the site that was used for temporary construction headquarters for the adjacent Brightwater development. The project site does not serve any role in the implementation of an emergency response plan nor would the proposed project impair an emergency evacuation plan. No impacts would occur. h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Sources: 1,21,22) -452- Less Than Significant Impact. The site was historically used for agricultural purposes and is currently undeveloped, except for a portion of the site that was used for temporary construction headquarters for the adjacent Brightwater development. The site is also disked twice a year for fire protection. The project site and surrounding properties are not considered wildlands and are not located within a Very High Fire Hazard Severity Zone as mapped by the State Department of Forestry and Fire Protection. Less than significant impacts would occur. 5.9 HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements? (Sources: 1,3,12,21) Less Than Significant Impact. See discussion under item p. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (Sources:1,3,12,21) Less Than Significant Impact. See discussion under item p. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or off- site? (Sources: 1,3,12,21) Less Than Significant Impact. See discussion under item p. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount or surface runoff in a manner which would result in flooding on or off-site? (Sources: 1,3,12,21) Less Than Significant Impact. See discussion under item p. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Sources:1,3,12,21) Less Than Significant Impact. See discussion under item p. f) Otherwise substantially degrade water quality? (Sources: 1,3,12,21) Less Than Significant Impact. See discussion under item p. g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Sources: 1,3,12,21) No Impact. See discussion under item j. h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (Sources: 1,3,12,21) No Impact. See discussion under item j. -453- i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (Sources: 1,3,12,21) No Impact. See discussion under item j. j) Inundation by seiche, tsunami, or mudflow? (Sources: 1,3,12,21) No Impact. (Items g-j). The proposed project site is designated as Flood Zone X on the Flood Insurance Rate Map (FIRM), which is not subject to Federal Flood Development restrictions. The project site is not situated within the 100-year flood hazard area as mapped on the FIRM. The elevation of the site above mean sea level (ranging from 36’ – 52’) and insulation provided by the inner Bolsa Bay suggest that the probability of experiencing adverse effects from tsunamis and seiches is low at the site. Furthermore, the General Plan Environmental Hazards Element does not identify the subject site within a tsunami run-up area. No impacts would occur. k) Potentially impact stormwater runoff from construction activities? (Sources: 1,3,12,21) Less Than Significant Impact. See discussion under item p. l) Potentially impact stormwater runoff from post-construction activities? (Sources: 1,3,12,21) Less Than Significant Impact. See discussion under item p. m) Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? (Sources: 1,3,12,21) Less Than Significant Impact. See discussion under item p. n) Result in the potential for discharge of stormwater to affect the beneficial uses of the receiving waters? (Sources: 1,3,12,21) Less Than Significant Impact. See discussion under item p. o) Create or contribute significant increases in the flow velocity or volume of stormwater runoff to cause environmental harm? (Sources: 1,3,12,21) Less Than Significant Impact. See discussion under item p. p) Create or contribute significant increases in erosion of the project site or surrounding areas? (Sources: 1,3,12,21) Less Than Significant Impact. The approximately 5-acre project site is currently undeveloped. A portion of the site was used for construction staging headquarters for the adjacent Brightwater development. The project site is located on the Bolsa Chica Mesa. Water bodies in the vicinity of the project site include the Bolsa Chica wetlands and the East Garden Grove – Wintersburg Channel. The project does not propose to alter the course of an existing stream or river. After construction, the project site would consist of approximately 54% landscaped area and 46% impervious surface (building and paved area). The existing site is relatively flat and sheet flows from the west to east. As the site is vacant, the proposed project does have the potential to increase runoff rate and volume during construction and post-construction, which could potentially impact water quality. -454- Water quality standards and waste discharge requirements will be addressed in the project design and development phase pursuant to a Storm Water Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP), prepared by a Civil or Environmental Engineer in accordance with the National Pollution Discharge Elimination System (NPDES) regulations and approved by the City of Huntington Beach Department of Public Works. Construction Runoff and Erosion The State Water Resources Control Board and the City’s Municipal Code require erosion and sediment controls for construction projects with land disturbance. The requirements include preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP); preparation and implementation of an erosion and sediment control plan, describing both construction-period and permanent erosion and sediment controls; and construction site inspection by the City. The project is subject to the provisions of the General Construction Activity Stormwater Permit adopted by the State Water Resources Control Board (SWRCB). The project applicant must submit a Notice of Intent (NOI) to the SWRCB for coverage under the Statewide General Construction Activity Stormwater Permit and must comply with all applicable requirements, including the preparation of a SWPPP, applicable NPDES Regulations, and best management practices (BMP). The SWPPP must describe the site, the facility, erosion and sediment controls, runoff water quality monitoring, means of waste disposal, implementation of approved local plans, control of sediment and erosion control measures, maintenance responsibilities, and non-stormwater management controls. Implementation of a SWPPP and applicable City and SWRCB requirements would ensure that runoff from construction of the project will not result in substantial erosion or flooding on- and off-site and impacts would be less than significant. Post-construction Runoff and Erosion The Water Quality Management Plan (WQMP) prepared for the Brightwater development takes into account the water quality treatment of the drainage area from the project site. Runoff from the project site will be conveyed to the Brightwater storm drain system, water quality flows will be diverted for treatment, reconnect to the peak flow storm drain and ultimately outlet to the Bolsa Chica Wetlands. The proposed post-development drainage design will utilize two on-site catch basins to capture storm water runoff and flow into an existing 24-inch storm drain system on Bolsa Chica Street that was installed as of the Brightwater development. The runoff will be diverted to a filtration system for treatment and outletted through a 66-inch pipe to the Bolsa Chica Wetlands. Whether the project proposes a new WQMP or an amendment to the existing Brightwater WQMP, the proposed project will be required to implement appropriate Low Impact Development BMPs to conform to the current NPDES Permit prior to discharge of runoff from the site. Although the project does have the potential to contribute additional runoff, the project’s proposed storm drain system will be designed to ensure that impacts would be less than significant. As such, the project, as designed and with implementation of a WQMP, would not result in substantial increases in the rate and volume of post construction runoff, which would impact the beneficial use of downstream waters. Finally, the proposed storm drain system would lessen the impact of uncontrolled storm flows into the adjacent open space areas that could cause environmental harm and sensitive resources. Less than significant impacts would occur. Due to the relatively small size of the proposed residential project, the potential to substantially deplete groundwater supplies is minimal. Therefore, impacts to groundwater would be less than significant. The project’s design as well as required SWPPP, WQMP and hydrology and hydraulic studies, to be submitted in accordance with City of Huntington Beach standard development requirements, will identify project design features and BMPs for ensuring no significant impacts associated with polluted runoff and erosion would occur. In addition, the project design and drainage system would function to treat water and discharge into downstream waters. As such, impacts to water quality would be less than significant. -455- 5.10 LAND USE PLANNING Would the project: a) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: 1,2,19,23) Less Than Significant Impact. The 5-acre project site and 0.3-acre City-owned parcel are currently designated as Open Space – Parks (OS–P) in the General Plan and zoned Residential Agriculture – Coastal Zone Overlay (RA–CZ). The site is undeveloped, although a portion of the property was used as a construction staging area for the adjacent Brightwater residential development. Applicable plans and policies regulating the subject site include the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and Municipal Code, the Huntington Beach General Plan and the City’s certified Local Coastal Program (LCP), which consists of the Coastal Element of the General Plan and an implementation program (IP). The Local Coastal Program carries out the policies and requirements of the California Coastal Act. The project proposes to amend the General Plan land use designation from Open Space – Parks (OS–P) to Residential Medium Density – 15 dwelling units per acre (RM–15) for the western half (2.5 acres) of the site and maintain the existing land use designation of Open Space – Parks (OS–P) for the eastern half (2.5 acres) of the site and the City-owned parcel. The project proposes to amend the Residential Agriculture – Coastal Zone Overlay (RA–CZ) zoning designation for the project site (5 acres) and City-owned parcel (0.3 acre) to Specific Plan – Coastal Zone Overlay (SP–CZ). The project also consists of a zoning text amendment to establish the Windward Specific Plan for the development of the 5-acre project site and 0.3- acre City-owned parcel. Under the Specific Plan, the western half (2.5 acres) of the project site is designated for medium residential development while the eastern half (2.5 acres) and the City-owned parcel are designated for coastal conservation (public open space). In addition, the Local Coastal Program is proposed to be amended to reflect the land use changes. The residential development consists of the subdivision and construction of 36 townhome units and associated improvements on the 2.5-acre portion of a 5-acre property. The project is proposing a one-lot subdivision in accordance with the Subdivision Map Act. The tentative tract map is also subject to Title 25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and is required to be reviewed by the City’s Subdivision Committee to ensure compliance with the Subdivision Map Act, Title 25 of the HBZSO and any other related applicable codes. Background The subject property was originally zoned Single-Family Residential (R–1) and the General Plan Land Use designation was Low Density Residential when it was incorporated into the City of Huntington Beach in the early 1970s. When the California Coastal Act was enacted in 1976, the City began steps to certify a Local Coastal Program with the California Coastal Commission in order to obtain coastal development permit jurisdiction. As part of this process, the City designated an 8-acre area on the eastern edge of the Bolsa Chica Mesa, which included the subject site as well as a portion of what is now the Shea property, for Open Space – Recreation on the 1982 Land Use Plan that was certified by the Coastal Commission. After the Land Use Plan was certified, the Coastal Commission required the City to zone the 8-acre area to a designation that would correspond to the Open Space – Recreation land use designation as part of its submittal of the Implementation Program of the LCP. In 1984, the City re-zoned the area from R1–CZ to RA–CZ, which was reflective of the agricultural uses on the property. In 1985, the Coastal Commission certified a County Land Use Plan for that portion of the Bolsa Chica Mesa adjacent to the 8-acre area within County jurisdiction with a land use designation of low density residential. -456- Zoning/Land Use Consistency The proposed project, including the proposed zoning and general plan designations, would be consistent with surrounding land uses and existing surrounding zoning and land use designations. Properties to the north and northwest are zoned and developed with multi-family residential uses. The proposed General Plan and Specific Plan amendments to Residential Medium Density (RM) for the western half of the project site would be compatible with existing zoning and General Plan land use designations north and northwest of the site. As shown on Figures 2 and 3, properties to the north and northwest have the zoning and General Plan land use designations of Residential Medium High Density (RMH). Therefore, the change to RM zoning and General Plan land use designations would be compatible with current zoning and General Plan designations in the area. Although the land use designation of the subject site is currently Open Space – Parks (OS–P), the existing zoning designation allows development of residential dwellings at a density of one unit per acre. Under the current zoning designation, five residential dwellings could be developed on the site. The project is proposing to develop the site with the same uses that are currently allowed but at a greater density, which is consistent with densities of surrounding developments. The following Land Use goals, objectives and policies of the General Plan Coastal Element are applicable to the project: Goal C 1: Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs. Objective C 1.1: Ensure that adverse impacts associated with coastal zone development are mitigated or minimized to the greatest extent feasible. Policy C 1.1.1: With the exception of hazardous industrial development, new development shall be encouraged to be located within, contiguous or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services, and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. Policy C 1.1.3a: The provision of public access and recreation benefits associated with private development (such as but not limited to public access ways, public bike paths, habitat restoration and enhancement, etc.) shall be phased such that the public benefit(s) are in place prior to or concurrent with the private development but not later than occupation of any private development. Policy C 1.1.5: New residential development should be sited and designed in such a manner that it maintains and enhances public access to the coast. b) provide non-automobile circulation such as bike trails and pedestrian walkways within the development d) provide for the recreational needs of new residents through local park acquisition or on-site recreational facilities to assure that recreational needs of new residents will not overload nearby coastal recreation areas The project, while proposing a change in the Land Use Plan from Open Space – Parks (OS–P) to Residential – Medium Density (RM), would not conflict with the land use goals and policies of the Coastal Element of the General Plan. As mentioned before, the project site is surrounded by residential developments to the north (multi-family condominium complex) and west (single-family Sandover and Brightwater developments), by the undeveloped Shea property to the east, and by the undeveloped Goodell property to the south. The portion of the Shea property directly abutting the project site is designated as Open Space – Conservation. The western 2.5 acres of the project site is proposed to be developed with residential uses. The eastern 2.5 acres of the project site would be preserved as open space areas. By locating the residential uses on the western portion of the project site, the new development would be in close proximity to existing residential developments to the north and west. Preserving the eastern portion of the project site as open space, sensitive biological and cultural resources would be protected since the area would be contiguous to -457- the Shea property conservation area. The clustering of residential and open space uses would ensure that new development will minimize impacts to coastal resources. As part of the proposed residential development, approximately 8.7 acres of the 11 acres of privately owned property are proposed to be preserved as open space area. This would be a public benefit, providing passive recreational opportunities within the Bolsa Chica area. A trail system with interpretive signage and scenic overlooks is proposed for the 8.7-acre open space area in order to provide public access. In addition, the existing undeveloped 30-foot wide parcel north of the project site is proposed to be improved with an access trail that would connect to the trail system within Bolsa Chica. The design of the trail system takes into consideration the sensitive biological and cultural resources in some areas of the 8.7 acres, incorporating fencing to keep pedestrians on designated trails in order to minimize disturbances to existing habitat and native landscaping. In addition to the improved coastal access, the project would provide a 3,800 square foot open space area is proposed within the development to provide a recreational area for new residents to ensure that the new residents would not overload coastal recreation areas. The project is in close proximity to similar developments, is consistent with the existing land use pattern in the area, and can be accommodated by existing infrastructure (refer to Section 5.17 Utilities & Service Systems). Although the proposed project would result in development on the Bolsa Chica Mesa, the eastern half of the project site and the existing slope adjacent to the project site would be preserved. In addition, the proposed drainage system would further protect the slope from potential impacts from runoff and erosion that could occur from development on the Mesa (refer to Section 5.6 Geology and Soils and Section 5.9 Hydrology and Water Quality). Other potential impacts, as analyzed within this document, have either been minimized through the project’s design or can be mitigated so that all impacts would be less than significant. Windward Specific Plan, HBZSO & Applicable Codes The project applicant is proposing a zoning text amendment that would determine the land use, zoning, development standards, and infrastructure for the development site. The proposed development standards identify a wide range of requirements that would be applicable to the project site such as building heights, setbacks, parking, open space, landscaping, and lighting. The development standards proposed in the specific plan are similar to the residential standards of the HBZSO and Brightwater Specific Plan. Once constructed, the proposed residential units would be built with building heights and setbacks consistent with the surrounding developments. Overall, the specific plan is intended to facilitate the development of the proposed residential project and designation of open space areas. The proposed residential and open space uses would be consistent with the surrounding land uses. As mentioned before, properties to the north and northwest are zoned and developed with multi-family residential uses while the property to the east (Shea property) is designated as open space. The proposed zoning text amendment is appropriate for development within the context of the area. The proposed project is required to comply with other requirements of the HBZSO including regulations pertaining to subdivisions and coastal development permits as well as applicable requirements of the Municipal Code. Additionally, the proposed zoning text amendment will be consistent with the following General Plan Land Use Element goals, policies and objectives: Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Objective LU 9.1: Provide for the development of single- and multi-family residential neighborhoods. Objective LU 9.3: Provide for the development of new residential subdivisions and projects that incorporate a diversity of uses and are configured to establish a distinct sense of neighborhood and identity. Policy LU 9.3.2: Require that the design of new residential subdivisions consider the following: b. Integrate public squares, mini-parks or other landscaped elements. -458- h. Site and design of units and incorporate elements, such as porches, that emphasize front yards as an activity area and “outdoor living room,” by locating garages in the rear or side yards. i. Consider reduced street widths to achieve a more “intimate” relationship between structures, to the extent feasible and in accordance with Huntington Beach Fire Department regulations. k. Include alleys or other means to minimize the dominance of garages along the street frontage. Based on the discussion above, the project will not conflict with applicable land use plans and regulations in the City of Huntington Beach and impacts would be less than significant. b) Conflict with any applicable habitat conservation plan or natural community conservation plan? (Sources: 1) No Impact. The project would not conflict with any habitat conservation plan or natural community conservation plan as none are adopted for the City of Huntington Beach. No impact would occur. c) Physically divide an established community? (Sources: 21) No Impact. The project involves Zoning and General Plan land use amendments for the subdivision and development of 36 multi-family dwelling units and associated improvements on a 2.5-acre portion of a 5- acre vacant property. The project does not propose new streets or infrastructure that would physically divide existing developed areas or require changes in access or services to existing developments. No impact would occur. 5.11 MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Sources: 1) No Impact. See discussion under item b. b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? (Sources: 1) No Impact. The project consists of amendments to the existing General Plan and zoning land use designations for the subdivision and development of 36 multi-family dwelling units and associated improvements on a 2.5-acre portion of a 5-acre vacant property. Although Huntington Beach has been the site of oil and gas extraction since the 1920s, oil production has decreased over the years, and today, oil producing wells are scattered throughout the City. The subject site has historically been used for agricultural purposes and as such, would not result in the loss of a known mineral resource or recovery site. No impacts would occur. 5.12 NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Sources: 1,19) Less Than Significant Impact. See discussion under item d. -459- b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Sources: 1,19) Less Than Significant Impact. See discussion under item d. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1,19) Less Than Significant Impact. See discussion under item d. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1,19) Less Than Significant Impact. The project consists of amendments to the existing General Plan and zoning land use designations for the subdivision and development of 36 multi-family dwelling units and associated improvements on a 2.5-acre portion of a 5-acre vacant property. The project site is located at the southeast corner of Bolsa Chica Street and Los Patos Avenue. The project site was historically used for agricultural purposes and is currently undeveloped, except for a portion of the site that was used for temporary construction headquarters for the adjacent Brightwater development. Surrounding land uses include multi-family residential to the north and northwest and single-family residential to the west. Properties to the south are undeveloped while those to the east are approved for single-family residential and open space/conservation uses and currently undergoing grading. Existing sources of noise and groundborne vibration in the area include motor vehicle traffic on the surrounding roads. Applicable City regulations include the General Plan Noise Element, which identifies goals, policies and objectives to ensure that new development does not create an unacceptable noise environment through siting, design and land use compatibility, and the City’s Noise Ordinance, which regulates noise produced by uses, equipment, construction and people. Construction of the proposed project will generate temporary noise impacts due to construction activities and equipments. Construction would occur in three to four phases with each phase lasting approximately five months. Construction activities would involve the use of standard equipments and tools. Each stage of construction would involve a different mix of operating equipment and noise levels would vary based on the number and type of equipment in operation and the location of the activity. According the Environmental Protection Agency data on the noise generating characteristics of typical construction equipment, the noise level of these equipment ranges between 68 to 98 dBA at 50 feet from the source. These noise levels would diminish rapidly with distance from the construction site at a rate of approximately 6 dBA per doubling of distance. The closest sensitive uses to the proposed project site would be the residential uses, located approximately 75 feet to the north and west and 150 feet to the northwest. Due to the proximity of the surrounding residences to the project site, residents would potentially be affected by the construction noise occurring as a result of the proposed project. Most of the types of exterior construction activities associated with the proposed project would not generate continuously high noise levels, although occasional single-event disturbances are possible. Under Section 8.40.090(d) (Special Provisions) of Chapter 8.40 of the City’s Municipal Code, noise sources associated with construction are exempt from the requirements of the Municipal Code, provided that proper permit(s) from the City are obtained and construction activities do not occur between the hours of 8:00 PM and 7:00 AM on weekdays, including Saturday, or at any time on Sunday or a federal holiday. The project will be subject to compliance with Chapter 8.40 (Noise Control) of the Huntington Beach Municipal Code. Construction noise would be temporary and intermittent depending on the type of equipment being used and the stage of construction. Although construction of the proposed project would temporarily increase ambient noise levels in the neighborhood surrounding the project, construction would comply with applicable requirements of the City noise ordinance. Accordingly, construction related noise impacts would be less than significant. -460- Single-family duplex residences are not a source of substantial operational noise. Noise generated by the proposed residential uses would not be significantly different than existing noise conditions in the area generated by existing single- and multi-family residential uses and residential roadway noise. Noise generated by residences is generally limited to occasional nuisance noise, such as loud music or operation of landscaping equipment. Nuisance noises are prohibited in City Noise Ordinance Section 8.40.112, City Municipal Code Chapter 8.40. Additionally, Noise Ordinance Section 8.40.095 establishes regulations for the operation of leaf blowers, including time, distance, and duration restrictions. Enforcement of existing City regulations would ensure that the proposed residences would not result in excessive noise levels. The proposed project does not include any new active uses in the proposed open space area. Although there may be an increase in daytime noise from the improvement of the 30-foot wide City-owned parcel as more people may use the path, this parcel is currently being used by the public and the level of use is not expected to increase significantly over current levels of use such that there would be a substantial increase in ambient noise. As such, the proposed project will not result in exposure of persons to excessive permanent noise levels or groundborne vibration exceeding existing levels or as established by the General Plan Noise Element and the City’s Noise Ordinance. Less than significant impacts would occur. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1,19) Less Than Significant Impact. See discussion under item f. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1,19) No Impact. The project site is located at the southeast corner of Bolsa Chica Street and Los Patos Avenue. The site is located within the Airport Environs Land Use Plan for the Joint Forces Training Base Los Alamitos, but is not located within two miles of a public or private airport. Less than significant impacts would occur. 5.13 POPULATION AND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extensions of roads or other infrastructure)? (Sources: 1,21) Less Than Significant Impact. See discussion under item c. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Sources: 1,21) No Impact. See discussion under item c. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Sources: 1,21) No Impact. The project consists of amendments to the existing General Plan and zoning land use designations for the subdivision and development of 36 multi-family dwelling units and associated improvements on a 2.5-acre portion of a 5-acre property. The site is currently vacant; no existing homes or residents will be demolished or displaced. The project consists of a 36-unit multi-family development on a 2.5 acre site and would not induce substantial population growth in the City of Huntington Beach. Based on -461- the average household size of 2.6 persons per household in Huntington Beach, the proposed project would result in potentially 94 new residents in the City. This represents 0.04 percent of the total population of Huntington Beach, which would not be considered substantial population growth. In the context of cumulative growth, the City has not attained growth anticipated by the 1996 General Plan, which is at the end of its life cycle and currently being updated. The project would not induce substantial population growth either on its own or cumulatively in the context of General Plan buildout. The RA zoning district permits single-family dwellings at a ratio of one unit per acre whereas the RM designation allows 15 units per acre. The subject project is proposing a density of 14.4 units per acre. Although, the proposed project represents an increase in allowable units and density than what is currently allowed, the proposed residential development on the project site would not result in substantial population growth in the context of allowed General Plan growth, nor in combination with anticipated and planned growth as identified in the City’s 2013 Housing Element. In addition, the project will be required to comply with the City’s affordable housing ordinance, which requires the provision of 10 percent of the total units to be affordable. Less than significant impacts would occur. 5.14 PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? (Sources: 1) Less Than Significant Impact. See discussion under item e. b) Police Protection? (Sources: 1) Less Than Significant Impact. See discussion under item e. c) Schools? (Sources: 1) Less Than Significant Impact. See discussion under item e. d) Parks? (Sources: 1,2) Less Than Significant Impact. See discussion under item e. e) Other public facilities or governmental services? (Sources: 1,2) Less Than Significant Impact. The project consists of amendments to the existing General Plan and zoning land use designations for the subdivision and development of 36 multi-family dwelling units and associated improvements on a 2.5-acre portion of a 5-acre vacant property. The residential development is proposing to provide a 3,800 square foot open space area. The project site is currently undeveloped, except for a portion of the site that was used for temporary construction headquarters for the adjacent Brightwater development. The nearest police station is the Harbour Substation, located approximately half a mile from the project site at 16889 Algonquin Street. The nearest Fire Station is Station No. 7 located at 3831 Warner Avenue at the intersection of Warner Avenue and Pacific Coast Highway. The project site is located within the Ocean View School District (grades K-8) and the Huntington Beach Union High School District. Five City parks, Bolsa Chica State Beach and the Bolsa Chica Ecological Reserve are all located within one mile of the project site. -462- The Fire and Police departments have reviewed the proposed development and have not indicated that the project would impact acceptable service levels. The Community Services Department has reviewed the request to amend the General Plan land use designation from Open Space – Parks to Medium Density Residential and has determined that impacts to parks would be less than significant due to the proximity of other parks within the area of the project site as well as the relatively small number of units proposed. The Ocean View School District (OVSD), which would serve the project, has indicated capacity issues and the need to potentially re-open a closed school site on previous development projects within the City and the OVSD service area boundaries. However, according to the 2015/2016 Student Population Projections Report prepared for the Ocean View School District by Davis Demographics & Planning, Inc., resident student population has been declining for the past decade and decreased slightly from the 2014/15 to 2015/16 school year. Nevertheless, the report indicates a potential for student growth over the next seven years and the proposed project could contribute to capacity issues and overcrowding at the schools serving the project site (potentially 11 elementary school students and three middle school students). Additionally, the project would be anticipated to add approximately 8 high school students based on student generation factors of the Huntington Beach Union High School District. Existing code requirements require the collection of fees under the authority of SB 50 (considered full mitigation under CEQA) to offset any increase in educational demand at the elementary and middle schools serving the project site. In addition, although the project is proposing to amend the General Plan and zoning land use designations, the increase in population and housing is within the allowable growth considered in the General Plan. Although the proposed project would not create a substantial increase in demand for public services, the project would be required to pay development impact fees for law enforcement, fire suppression, libraries, schools, and park fees (in accordance with Chapter 254 of the HBZSO) to offset any additional increase in demand for services. Less than significant impacts would occur. 5.15 RECREATION Would the project: a) Would the project increase the use of existing neighborhood, community and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Sources: 1) Less Than Significant Impact. See discussion under item c. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Sources: 1,22) Less Than Significant Impact. See discussion under item c. c) Affect existing recreational opportunities? (Sources: 1) Less Than Significant Impact. The project consists of amendments to the existing General Plan and zoning land use designations for the subdivision and development of 36 multi-family dwelling units and associated improvements on a 2.5-acre portion of a 5-acre vacant property, including a 3,800 square foot (0.09 acres) open space area that would primarily serve the development. The project does have the potential to increase usage of recreational facilities in the City due to the introduction of new housing and potentially new residents to the area. The established standard for parks per the City’s General Plan is five acres for every 1,000 residents. Based on the number of proposed dwellings and average household size in the City, the project could add approximately 94 people to the City’s population (approximately 0.04 percent of the total population of the Huntington Beach). The proposed development would require 0.47 acres of parkland to meet the established standard for the project. The project is required to pay park fees to offset the increased demand and use created by the project and ensure established General Plan park acreage standards are maintained. -463- The project is proposing to improve an existing 30-foot wide City-owned parcel located immediately north of the project site with a decomposed granite trail with native landscaping that would provide access from Bolsa Chica Street to the project site open space area. Although this parcel is currently used by people that are familiar with the area, the improvements will provide for noticeable access from Bolsa Chica Street and will enhance public access opportunities. The proposed Specific Plan and Development Agreement would ensure the preservation of 8.7 acres of open space and the expansion of passive recreational opportunities within the Bolsa Chica area. Designed with interpretive signage and scenic overlooks, a trail system is proposed for the open space area to provide public access to the recreational resource. Recognizing that biological and cultural resources exist in some areas of the 8.7 acres, the trail system is designed to keep users on the trails and out of sensitive biological and cultural areas. No improvements or construction with the potential to have adverse impacts on the environment is proposed within the open space areas. In this respect, the project would further recreational opportunities in the Bolsa Chica area. The project site has an existing General Plan Land Use designation of Open Space – Parks (OS–P), which is proposed to be amended to Residential Medium Density (R–M) for the western half of the project site. However, the site is not developed with a park or recreational facility and is not listed on the City’s inventory of parks. The site is privately owned and, according to the Community Services Department, no such facilities are planned for the project site. In addition, the Community Services Department has reviewed the proposed General Plan Amendment and, due to the small size of the project and the proximity of four parks within a half-mile of the project site, has indicated that the proposed change in land use designation would not present a significant impact in terms of existing or planned parks and recreational facilities. Therefore, the project’s impacts on parks and recreational facilities, including existing recreational opportunities, would be less than significant. 5.16 TRANSPORTATION/TRAFFIC Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? (Sources: 1,15,22) Less Than Significant Impact. See discussion under item g. b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? (Sources: 1,15,22) Less Than Significant Impact. See discussion under item g. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Sources: 1,15,22) No Impact. See discussion under item g. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses? (Sources: 1,15,22) Less Than Significant Impact. See discussion under item g. -464- e) Result in inadequate emergency access? (Sources: 1,15,22) Less Than Significant Impact. See discussion under item g. f) Result in inadequate parking capacity? (Sources: 1,15,22) Less Than Significant Impact. See discussion under item g. g) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? (Sources: 1,15,22) No Impact. The project consists of amendments to the existing General Plan and zoning land use designations for the subdivision and development of 36 multi-family dwelling units and associated improvements on a 2.5-acre portion of a 5-acre vacant property. Existing signalized intersections near the project site include Bolsa Chica Street and Warner Avenue and Warner Avenue and Algonquin Street. The intersections at Bolsa Chica Street and Warner Avenue and Warner Avenue and Algonquin Street are both operating at acceptable levels based on City standard criteria. The proposed development will generate an average 209 new daily vehicle trips, of which 16 will occur in the AM peak hour and 19 in the PM peak hour. The intersections of Bolsa Chica Street and Warner Avenue and Algonquin Street and Warner Avenue were evaluated for traffic impacts. The results of the evaluation are summarized in the tables below. No changes in existing intersection capacity utilization (ICU) or level of service (LOS) would occur at either of the intersections with the proposed project. Less than significant impacts would occur. Existing Intersection Capacity Utilization (ICU) and Level of Service (LOS) Intersection AM Peak Hour– ICU LOS PM Peak Hour– ICU LOS Warner/Bolsa Chica 0.56 A 0.53 A Warner/Algonquin 0.51 A 0.55 A Project Intersection Capacity Utilization (ICU) and Level of Service (LOS) Intersection AM Peak Hour– ICU LOS PM Peak Hour– ICU LOS Warner/Bolsa Chica 0.56 A 0.53 A Warner/Algonquin 0.51 A 0.55 A Construction related traffic may have an impact on existing parking, vehicle circulation, and pedestrians by construction vehicles entering or exiting the project site. As a result, vehicle delays may result along Bolsa Chica Street adjacent to the project site. However, impacts would be temporary and would not impact a large number of surrounding residential uses since the project site is located at the terminus of Los Patos Avenue and near the terminus of Bolsa Chica Street. These potential impacts would be reduced through implementation of code requirements requiring Department of Public Works approval of a construction traffic control plan. Trucks hauling construction materials would add a temporary increase in traffic on surrounding streets during construction. Due to the small nature of the project and the existing level of service on the surrounding streets, project construction traffic is not anticipated to be significant. The contractor would be required to comply with the haul routes of the City of Huntington Beach and obtain a haul route permit from the Department of Public Works. The project is proposing to provide a two-car garage for each dwelling unit in accordance with the provisions of the Windward Specific Plan, which are consistent with the HBZSO. An additional unenclosed guest space is provided within the development for each additional residential unit. The total number of -465- parking spaces required for the project is provided within the development site. As such, the proposed project will not result in significant impacts due to inadequate parking capacity. The proposed site access and driveway configuration do not propose privacy gates, sharp curves or dangerous intersections and are designed to comply with City standards. In addition, the project has been reviewed by the Huntington Beach Fire Department for adequate access and is required to comply with City Specification 401, Minimum Standards for Fire Apparatus Access. As such, the project would not result in inadequate emergency access. The project provides 9 required bicycle spaces and would not conflict with policies supporting alternative transportation. The project would not substantially increase air traffic levels or otherwise impact air traffic patterns. Less than significant impacts would occur. 5.17 TRIBAL CULTURAL RESOURCES a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. (Sources: 5,6) Potentially Significant Impact. Pursuant to the requirements of AB 52, codified at Public Resources Code Section 21080.3.1(d)-(e), the City provided formal notification to the designated contact of the tribes that have requested notice from the City. No consultation was requested by the tribes. However, the mitigation measures identified in Section 5.5 Cultural Resources, have been identified to avoid or substantially lessen potential significant impacts to tribal cultural resources to less than significant. 5.18 UTILITIES AND SERVICE SYSTEMS Would the project: b) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Sources: 1,21) Less Than Significant Impact. See discussion under item e. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1,21) Less Than Significant Impact. See discussion under item e. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1,3,21) Less Than Significant Impact. As discussed in Section 5.9 Hydrology and Water Quality, the proposed post-development drainage design will utilize on-site catch basins to capture storm water runoff. Runoff will be conveyed to the Brightwater storm drain system, water quality flows will be diverted for treatment, reconnect to the peak flow storm drain, and ultimately outlet to the Bolsa Chica Wetlands. The proposed -466- post-development drainage design will utilize two on-site catch basins to capture storm water runoff and flow into an existing 24-inch storm drain system on Bolsa Chica Street that was installed for the Brightwater development. The runoff will be diverted to a filtration system for treatment and outletted through a 66- inch pipe to the Bolsa Chica Wetlands. Less than significant impacts would occur. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (Sources: 1,21) Less Than Significant Impact. The Public Works Department has reviewed the project plans and did not identify any concerns regarding impacts to water supplies due to the relatively small number of units. The project would not result in an increase in water consumption such that it would present a significant impact to water supplies. In addition, the project is subject to compliance with the City's Water Ordinance, including the Water Efficient Landscape Requirements, as well as Title 24 conservation measures such as low flow fixtures, which ensure water consumption is minimized. In addition, the project is proposing the homes to be Energy-star rated, which maximizes appliance efficiency. The water demand for the proposed project can be accommodated by the City’s water service capacity and less than significant impacts would occur. e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? (Sources: 1,21) Less Than Significant Impact. The project consists of amendments to the existing General Plan and zoning land use designations for the subdivision and development of 36 multi-family dwelling units and associated improvements on a 2.5-acre portion of a 5-acre vacant property, including a 3,800 square foot (0.09 acres) open space area. The project will take access from Bolsa Chica Street, which was extended in 2006 for the Brightwater development. When the extension of Bolsa Chica Street was constructed in 2006, sewer, domestic water and storm drain improvements were constructed in the street for the Brightwater development. Those existing sewer, water, and storm drain lines are readily available in Bolsa Chica Street and have adequate capacity to serve the proposed project. The Orange County Sanitation District (OCSD) provides regional wastewater collection, treatment and disposal services for the City of Huntington Beach. OCSD has two operating facilities that treat wastewater from residential, commercial, and industrial sources in central and northwest Orange County. No existing capacity issues have been identified in the OCSD system, and OCSD has developed plans and commenced plant improvements anticipated to meet area demands to the year 2050. Based on current OCSD flow factors, the proposed project would generate approximately 3,451 gallons of wastewater per day per acre. All connections to existing wastewater infrastructure will be designed and constructed in accordance with the requirements and standards of the City of Huntington Beach and the OCSD. Compliance with applicable Waste Discharge Requirements, as monitored and enforced by the OCSD, would ensure that the proposed project would not exceed applicable wastewater treatment requirements of the Santa Ana Regional Water Quality Control Board (SARWQCB) with respect to discharges to the sewer system. Less than significant impacts would occur. f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? (Sources: 1,21) Less Than Significant Impact. See discussion under item g. g) Comply with federal, state, and local statutes and regulations related to solid waste? (Sources: 1,19,21) Less Than Significant Impact. Rainbow Environmental Services is the exclusive hauler of all solid waste for the City of Huntington Beach. Rainbow Environmental Services operates a Transfer Station, located at 17121 Nichols Street within the City of Huntington Beach, and two Materials Recovery Facilities (MRFs) -467- through which all solid waste is processed. Rainbow Environmental Services’ Transfer Station has a design capacity of 2,800 tons per day, and current utilization ranges between 53 and 71 percent. In addition, the two MRFs sort and separate all waste and recycle appropriate materials further reducing the waste generation going to the landfills. Prior to 2008, Assembly Bill (AB) 939 required a 50 percent diversion of solid waste by the year 2000. Based on 2006 data, the City of Huntington Beach maintained a 71 percent diversion rate from the Orange County landfills, which exceeded the AB 939 requirement. In 2008, California enacted Senate Bill (SB) 1016, which established a per capita disposal rate target of 10.4 pounds per person per day (PPD). According to the City’s annual reports to CalRecycle, the City’s PPD rate was 5.4 in 2015, demonstrating compliance with SB 1016. The Orange County Integrated Waste Management Department (IWMD) currently owns and operates three active landfills that serve the Orange County region, including: Frank R. Bowerman Landfill in Irvine; Olinda Alpha Landfill in Brea; and Prima Deshecha Landfill in San Juan Capistrano. All three landfills are permitted as Class III landfills and have a combined design capacity of 20,500 tons per day. Solid waste from the project site would be sent to the Frank R. Bowerman Landfill in Irvine. Permitted capacity for the landfill is limited to 8,500 tons per day. However, if the per day capacity is reached at the Bowerman Landfill, trucks are diverted to one of the other two landfills: Olinda Alpha in Brea (capacity 8,000 tons/day) and Prima Deshecha in San Juan Capistrano (capacity 4,000 tons/day) in the county. The solid waste contribution to any of the three landfills that serve the project site would be minimal when compared to their allowed daily capacity. Given the size and use of the project, it is not expected to generate a substantial amount of daily waste products in the long term nor as a result of construction. Accordingly, the project is not anticipated to noticeably impact the capacity of existing landfills that will serve the use. The project is subject to compliance with all federal, state, and local statutes and regulations related to solid waste and no exceptions to those standards are proposed. With Rainbow Disposal able to accept all construction waste from the project site and with sufficient current and future landfill capacity, the solid waste impacts resulting from the proposed project would be less than significant. h) Include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands?) (Sources: 1,3,19,21) Less Than Significant Impact. Refer to item c above. In addition, the Water Quality Management Plan (WQMP) for the Brightwater and Windward projects identifies Best Management Practices (BMPs) to reduce impacts to water quality. The proposed storm drain system and identified BMPs would not create additional environmental impacts as discussed in this section and in Section 5.9 Hydrology and Water Quality. Less than significant impacts would occur. 5.19 MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (Sources: 1-24) Potentially Significant Impact. The project does have the potential to impact special status species, specifically southern Tarplant and Burrowing Owls. However, the recommended mitigation measures discussed in Section 5.4 Biological Resources will ensure that impacts will be reduced to a less than significant level. As discussed in Section 5.5 Cultural Resources, the project site is within a recorded archeological site. Although it is not anticipated that intact resources exist at the site, due to previous excavation, mitigation measures have been incorporated to address impacts to cultural resources in the -468- event that intact deposits are encountered during project grading and construction. As discussed throughout this initial study, potential impacts that would degrade the quality of the environment would be less than significant. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) (Sources: 1-24) Less Than Significant Impact. As discussed in Sections 5.1 to 5.18, the project is not anticipated to have significant cumulatively considerable impacts due to the relatively small scale and nature of the project as well as implementation of project design features and standard City codes and policies that would further reduce impacts. Although the project is proposing to amend the General Plan land use designation, the project is consistent with the General Plan in terms of foreseeable growth in the City. It does not represent a significant negative impact to the environment or goals of the City. Less than significant impacts are anticipated. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (Sources: 1-24) Less Than Significant Impact. As discussed in Sections 5.1 to 5.18, all potential impacts that could have environmental effects on humans as a result of the project have been found to be less than significant due to the relatively small scale and nature of the project as well as implementation of project design features and standard City codes as well as other applicable codes and policies. As such, impacts would be less than significant. -469- 6.0 EARLIER ANALYSIS/SOURCE LIST. Earlier analyses may be used where, pursuant to tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). Earlier documents prepared and utilized in this analysis, as well as sources of information are as follows: Reference # Document Title Available for Review at: 1 City of Huntington Beach General Plan City of Huntington Beach Community Development Department, 2000 Main Street, Huntington Beach and at http://www.huntingtonbeachca.gov/Government /Departments/Planning/gp/index.cfm 2 City of Huntington Beach Zoning and Subdivision Ordinance City of Huntington Beach City Clerk’s Office, 2000 Main Street, Huntington Beach and at http://www.huntingtonbeachca.gov/government/ elected_officials/city_clerk/zoning_code/index.c fm 3 Water Quality Management Plan for Brightwater and Windward Developments (Stantec, Revised August 2016) City of Huntington Beach Community Development Department, 2000 Main Street, Huntington Beach 4 Geotechnical Feasibility Study (LGC, Inc., September 2008) “ 5 Archaeological Abstract: Archaeological Site CA-ORA-86 (Scientific Resources Surveys, Inc., May 2009) “ 6 Archaeological Abstract: Assessment of Excavations on CA-ORA-86 (Scientific Resources Surveys, Inc., April 2013) “ 7 CalEEMod Emissions Modeling (LSA, August 2016) “ 8 Biological Resources Assessment (LSA, March 2010) “ 9 Updated Biological Resources Assessment (LSA, August 2016) “ 10 Preliminary Drainage Report (Stantec, July 2016) “ 11 City of Huntington Beach Geotechnical Inputs Report “ 12 FEMA Flood Insurance Rate Map (December 3, 2009) “ 13 CEQA Air Quality Handbook South Coast Air Quality Management District (1993) “ -470- 14 City of Huntington Beach CEQA Procedure Handbook “ 15 Trip Generation Handbook, 9th Edition, Institute of Traffic Engineers (2012) “ 16 Airport Environs Land Use Plan for Joint Forces Training Base Los Alamitos (Oct. 17, 2002) “ 17 State Seismic Hazard Zones Map “ 18 Hazardous Waste and Substances Sites List www.calepa.gov/sitecleanup/cortese 19 City of Huntington Beach Municipal Code City of Huntington Beach City Clerk’s Office, 2000 Main Street, Huntington Beach and at http://www.huntingtonbeachca.gov/government/ charter_codes/municipal_code.cfm 20 Summary of Mitigation Measures Attachment No. 1 21 Project Narrative (September 6, 2016) Attachment No. 2 22 Reduced Project Plans (January 17, 2017) Attachment No. 3 23 Code Requirements Letter (February 25, 2017) Attachment No. 4 24 Draft Proposed Zoning Text Amendment (February 16, 2017) Attachment No. 5 25 Draft Development Agreement (February 17, 2017) Attachment No. 6 -471- RESPONSE TO COMMENTS FOR DRAFT MITIGATED NEGATIVE DECLARATION NO. 16-003 I. This document serves as the Response to Comments on the Draft Mitigated Negative Declaration (MND) No. 16-003. This document contains all information available in the public record related to General Plan Amendment No. 16-002, Zoning Map Amendment No. 16-003, Zoning Text Amendment No. 16-004, Local Coastal Program Amendment No. 16- 002, Tentative Tract Map No. 18060, Conditional Use Permit No. 16-035, Coastal Development Permit No. 16-018, Development Agreement No. 16-001 (Windward Residential Development) as of April 10, 2017 and responds to comments in accordance with Section 15088 of the California Environmental Quality Act (CEQA) Guidelines. This document contains six sections. In addition to this Introduction, these sections are Public Participation and Review, Comments, Responses to Comments, and Appendix. The Public Participation section outlines the methods the City of Huntington Beach has used to provide public review and solicit input on the Draft Mitigated Negative Declaration No. 16- 003. The Comments section contains those written comments received from agencies, groups, organizations, and individuals as of May 1, 2017. The Response to Comments section contains individual responses to each comment. It is the intent of the City of Huntington Beach to include this document in the official public record related to the Draft Mitigated Negative Declaration No. 16-003. Based on the information contained in the public record, the decision-makers will be provided with an accurate and complete record of all information related to the environmental consequences of the project. II. PUBLIC PARTICIPATION AND REVIEW The City of Huntington Beach notified all responsible and interested agencies and interested groups, organizations, and individuals that Draft Mitigated Negative Declaration No. 16-003 had been prepared for the proposed project. The City also used several methods to solicit input during the review period for the preparation of the Draft Mitigated Negative Declaration No. 16-003. The following is a list of actions taken during the preparation, distribution, and review of the Draft Mitigated Negative Declaration No. 16-003. 1. An official 30-day public review period for the Draft Mitigated Negative Declaration No. 16-003 was established by the State Clearinghouse. It began on March 9, 2017 and ended on April 10, 2017. Public comment letters were accepted by the City of Huntington Beach through May 1, 2017. 2. Notice of the Draft Mitigated Negative Declaration No. 16-003 was published in the Huntington Beach Wave on March 9, 2017. Upon request, copies of the document were distributed to agencies, groups, organizations, and individuals. -472- 3. Notice of Draft Mitigated Negative Declaration No. 16-003 was provided by mail to property owners and occupants within 500 ft. radius of the project site and interested parties on March 9, 2017. 4. Notice of Draft Mitigated Negative Declaration No. 16-003 was posted on the internet on the City of Huntington Beach website http://www.huntingtonbeachca.gov/government/departments/planning/environmental- reports/environmental-report-view.cfm?ID=51 on March 9, 2017. III. COMMENTS Copies of all written comments received as of May 1, 2017 are contained in Appendix A of this document. All comments have been numbered and are listed on the following pages. Responses to Comments for each comment which raised an environmental issue are contained in this document. IV. RESPONSE TO COMMENTS The Draft Mitigated Negative Declaration No. 16-003 was distributed to responsible agencies, interested groups, organizations, and individuals. The report was made available for public review and comment for a period of 30 days. The public review period for the Draft Mitigated Negative Declaration No. 16-003 established by the State Clearinghouse commences on March 9, 2017 and expired on April 10, 2017. The City of Huntington Beach accepted comment letters through May 1, 2017. Copies of all documents received as of May 1, 2017 are contained in Appendix A of this report. Comments have been numbered with responses correspondingly numbered. Responses are presented for each comment which raised a significant environmental issue. Several comments do not address the completeness or adequacy of the Draft Mitigated Negative Declaration No. 16-003, do not raise significant environmental issues, or request additional information. A substantive response to such comments is not appropriate within the context of the California Environmental Quality Act (CEQA). Such comments will be forwarded to all appropriate decision makers for their review and consideration. Responses to comments are contained in Appendix B of this document. -473- APPENDIX A COMMENTS ON THE DRAFT MND Below are the original comment letters which have been bracketed to isolate the individual comments. Comments that raise significant environmental issues are provided with responses. Comments that are outside of the scope of the CEQA review will be forwarded for considerations to the decision makers as part of the project approval process or to the applicant for their information. COMMENT LETTERS RECEIVED DURING THE DRAFT MND COMMENT PERIOD No. Commenter/Organization Abbreviation STATE DEPARTMENTS 1 Department of Fish and Wildlife, Gail K. Sevrens, April 10, 2017 DFW 2 California Coastal Commission, Meg Vaughn, May 1, 2017 CCC REGIONAL AGENCIES 3 Southern California Edison, Heather Neely, April 10, 2017 SCE INDIVIDUALS 4 Veronica Fallon, April 3, 2017 FALL 5 Phil Van Herle, April 3, 2017 VANH 6 Dr. Marsha Rechkunova-Goodson, April 7, 2017 REGO 7 Vikas and Ruchi Sareen, April 7, 2017 SARE 8 Ann Dewey, April 10, 2017 DEWE 9 Ranbir and Vinod Mohan, April 10, 2017 MOHA 10 Beth Simmons, April 10, 2017 SIMM 11 Eileen Smith, April 10, 2017 SMIT 12 Robert Hans Wittkamm, April 10, 2017 WITT -474- -475- -476- -477- -478- -479- -480- -481- -482- -483- -484- Sent via electronic mail to tnguyen@surfcity-hb.org April 10, 2017 Tess Nguyen Associate Planner City of Huntington Beach Department of Community Development 2000 Main Street Huntington Beach CA 92648 RE: Windward Residential Development Draft Mitigated Negative Declaration No. 16-003 Dear Ms. Nguyen: Southern California Edison (SCE) is pleased to submit the following comments on the Notice of Public Availability for the Windward Residential Development (No. 16-003) for the subdivision and construction of a 36-unit townhome development with open space and associated improvements. SCE’s Electrical Facilities SCE provides electric service to the City of Huntington Beach and maintains electrical transmission and distribution facilities, as well as substations and supporting appurtenances in the City. On page 41 of the Draft Mitigated Negative Declaration, it states that the Project “can be accommodated by existing infrastructure.” However, we do not see any discussion of providing new electrical service to the proposed development. New utility infrastructure construction should be included in the project description and its impacts analyzed under CEQA, specifically as related to aesthetics, noise, traffic and transportation, greenhouse gasses and biological resources to facilitate permitting with the California Public Utilities Commission. General Order 95 SCE must comply with General Order (GO) 95, which establishes rules and regulations for the overhead line design, construction, and maintenance. GO 95 also includes vertical clearance requirements from thoroughfares, ground, and railroads, as well as specific minimum clearances from tree branches and vegetation around overhead wires. The project’s landscaping should not conflict with SCE’s existing and proposed transmission line designs. SCE’s Right-of-Way and Access Roads If the Project’s proposed actions impact SCE’s utility corridors in the area, please note that these proposed actions shall not cause General Order 95 non-compliances and should not unreasonably interfere with SCE’s ability to access, maintain, and operate its current and future facilities. Any proposed temporary or permanent development (including grading activities, landscaping, bike and/or pedestrian pathways, parkways, sidewalks, etc.) within the SCE Right- of-Way requires a written consent agreement signed between the developer and SCE. SCE’s rights-of-way and fee-owned properties are used by SCE to operate and maintain its present and future facilities. SCE will review any proposed use on a case-by-case basis. Approvals or denials will be in writing based upon review of the maps provided by the developer and compatibility with SCE right-of-way constraints and rights. Please forward five (5) sets of plans depicting SCE's facilities and associated land rights to the following location: -485- Real Properties Department Southern California Edison Company 2 Innovation Way Pomona, CA 91768 Method of Service In order to determine electrical infrastructure necessary to support the proposed project, the project proponent must submit a signed Method of Service agreement to SCE and pay engineering fees for an electric service study to be completed. Infrastructure necessary to support this project is subject to licensing and permitting authority of the CPUC. General Order 131-D The construction, modification, and relocation of transmission lines, or electrical facilities that are designed to operate at or above 50 kilovolts (kV) may be subject to the California Public Utilities Commission’s (CPUC) General Order 131-D1. If the construction, modification, or relocation of transmission lines results in significant environmental impacts, they should be identified and discussed in the Final Mitigated Negative Declaration. If not, SCE may be required to pursue a separate, mandatory CEQA review through the CPUC, which could delay approval of the SCE portion of the project for two years or longer. SCE appreciates the opportunity to comment on the Windward Residential Development Project. SCE looks forward to working and collaborating with the City. If you have any questions regarding this letter, please contact me at heather.neely@sce.com or 626.476.7839. Regards, Heather Neely Third Party Environmental Reviews Environmental Services Southern California Edison 6040B N Irwindale Ave Irwindale CA 91702 1 http://docs.cpuc.ca.gov/PUBLISHED/Graphics/589.PDF -486- General Order 95 SCE must comply with General Order (GO) 95, which establishes rules and regulations for the overhead line design, construction, and maintenance. GO 95 also includes vertical clearance requirements from thoroughfares, ground, and railroads, as well as specific minimum clearances from tree branches and vegetation around overhead wires . The project’s landscaping should not conflict with SCE’s existing and proposed transmission line designs. Method of Service In order to determine electrical infrastructure necessary to support the proposed project, the project proponent must submit a signed Method of Service agreement to SCE and pay engineering fees for an electric service study to be completed. Infrastructure necessary to support this project is subject to licensing and permitting authority of the CPUC. Permit to Construct (PTC) & Certificate of Public Convenience and Necessity (CPCN) In addition, please note that SCE is subject to California Public Utilities Commission General Order 131-D (GO 131-D). Electric facilities between 50kV and 200kV are subject to the CPUC’s Permit to Construct (PTC) review. For facilities subject to PTC review, or for over 200kV electric facilities subject to Certificate of Public Convenience and Necessity (CPCN) requirements, the CPUC reviews utility PTC or CPCN applications pursuant to CEQA and serves as Lead Agency under CEQA. Catenary Wires Existing heights of the 66kV and subsequently the 220kV above any overhead catenary wires used to power trains will also likely not meet GO 95 vertical clearance standards and will require SCE to increase the height of several towers along the adjacent right-of-way as well as possibly several towers down-line. Further, based on drawings and plans provided to SCE it is not clear if there is sufficient horizontal clearance for the 220kv towers. Accordingly, this may require the relocation of 66kV or 220kV towers or realignment of the proposed track. As a separate but no less significant issue to SCE, 24-hour access must be provided to SCE employees to repair and maintain all structures and facilities. -487- -488- -489- -490- -491- -492- -493- -494- -495- -496- -497- APPENDIX B RESPONSES TO COMMENTS ON THE DRAFT MND STATE DEPARTMENTS DEPARTMENT OF FISH AND WILDLIFE (DFW), APRIL 10, 2017 DFW-1 This comment describes the California Department of Fish and Wildlife’s jurisdictional and management authority. The comment is not a direct comment on the content or adequacy of the Draft MND, and does not raise any specific environmental issue. DFW-2 This comment provides introductory or general information regarding the project and its location, and is not a direct comment on the content or adequacy of the Draft MND, and does not raise any specific environmental issue. DFW-3 The comment relates to stormwater runoff from the proposed project and the potential to impact the Bolsa Chica Ecological Reserve. The potential impacts attributed to project-related stormwater runoff were addressed on page 38 of the MND. To reiterate, the stormwater runoff from the site will be captured and treated via an existing filtration system before the water is conveyed to the Bolsa Chica Wetlands located in the Bolsa Chica Ecological Reserve. It is also important to note that this stormwater drainage and treatment system was previously analyzed and approved by the California Coastal Commission and certified as part of EIR No. 551 for the Brightwater Development Project. Therefore, although the project has the potential to contribute additional stormwater runoff to the Bolsa Chica Wetlands, impacts to those wetlands would not be considered significant as indicated on page 38 of the MND. Furthermore, the proposed storm drain system would reduce the potential impact of uncontrolled storm flows into adjacent open space areas where sensitive resources are present. Consequently, since the potential impacts of stormwater runoff would be less than significant, no mitigation measures would be required. DFW-4 The comment relates to the presence of southern tarplant and the need to preserve the plant if encountered during ground-disturbing activities. Although southern tarplant is known to occur on the adjacent Goodell property, this plant species has never been previously found to occur on the Windward property. However, as indicated in Mitigation Measure BIO-1 on page 26 of the MND, a qualified biologist will conduct a focused survey for southern tarplant on site during the appropriate blooming period (i.e., May – November [CNPS 2017]) prior to the start of construction-related ground disturbance activities. In addition, a qualified biologist will be one who has the necessary skills and ability to definitively distinguish southern tarplant from other similar-appearing plant species. -498- Mitigation Measure BIO-1 also acknowledges the need to either preserve on site or relocate to off-site open space in the Bolsa Chica area any southern tarplant occurrence of at least 500 mature individuals on the Windward project site. It should be noted that if there should be 500 or more mature southern tarplant individuals occurring on site that cannot be preserved on site, the applicant will prepare a detailed southern tarplant relocation plan, which will be provided to the California Department of Fish and Wildlife for review and then subject to approval by the City of Huntington Beach. This relocation plan would include: identification of the party or parties responsible for the plans implementation and success; the proposed method of relocation (e.g., topsoil salvage and installation, seed collection and installation); timeframes and schedules; maintenance and monitoring activities; documentation and reporting; and performance standards or success criteria. DFW-5 The comment relates to potential impacts to wildlife inhabiting the surrounding open space due to artificial lighting (night construction) and permanent lighting. Construction activities associated with the project will occur only during daylight hours. In addition, the potential project-related impacts from sources of light and glare are addressed primarily in the last paragraph on page 20 of the MND. Essentially, artificial light sources from the project site would be similar to the existing light sources associated with adjacent development. Moreover, various project design measures would reduce or eliminate potential lighting impacts to surrounding open space. For instance, as stated in the MND, “. . . all lighting will be shielded to minimize light cast onto adjacent properties. In addition, the project site lighting will include ‘dark sky’ features that were implemented in the adjacent Brightwater residential project and have already been determined to be appropriate for and sensitive to the Bolsa Chica area.” Furthermore, residents of the proposed development will be restricted on the type of exterior lighting that they may use in the future, as indicated on page 27 of the MND. DFW-6 The comment relates to fuel modification zones for the project’s landscaping plans. In this particular case, a fuel modification zone is not a requirement and is not needed, since the project as proposed will include the establishment of a 2.49-acre native landscape area in the eastern half of the project area, as described in more detail in the Windward Specific Plan. This native landscape area will be composed of various native plant species that are suitable and appropriate for fuel modification zones. These plant species are similar to those that the Huntington Beach Fire Department approved for use in the buffer zones of the adjacent Parkside Estates Development. Furthermore, they are consistent with the Orange County Fire Authority’s Vegetation Management – Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program dated January 1, 2011 (Guidelines), which were developed by a committee for the purpose of identifying native vegetation that is acceptable for use in fuel modification zones. The native landscape area will also function as -499- a buffer between the proposed development and the adjacent open space. Since the proposed native landscape area will displace existing disturbed habitat dominated by ruderal, non-native, invasive plant species, the impact would be considered an environmentally beneficial component of the project. DFW-7 The comment relates to avoidance of direct impacts to birds through incorporation of “bird safe” elements in architectural design. This particular issue was applicable to the neighboring Brightwater Development Project but only applied to the large, glass walls installed along coastal-facing backyards. This specific issue does not apply to this particular project, since there are no large, glass walls to be installed as part of the proposed project’s structural design. However, articulated building facades and minimal artificial nighttime lighting will be used in the project’s structural designs. Furthermore, transparent corners and mirrored or highly reflective glass will not be installed as part of the proposed project. DFW-8 The comment relates to potential for the spread of non-native seeds during construction. Given the current, disturbed conditions of the project site and the immediate adjoining open space, the recommended measures for ensuring that all construction vehicles and equipment are clean and free of weedy, non-native seed before entering the project site would not be considered warranted. In this particular case, weedy, non-native plant species are already dominant on the project site and in immediate adjoining areas. DFW-9 The comment relates to the use of native plants in landscaping. As indicated in Response to Comment No. DFW-6 above, the proposed 2.49 acre native landscape area will be composed of an assortment of native plant species that will provide an effective buffer of native habitat between the adjacent open space preservation areas and the proposed residential development. This will provide the very benefits identified by the commenter. In addition, the landscape palette proposed for this project was taken from the California Coastal Commission-approved landscape plant palette used for the Brightwater Development Project and consists of various drought-tolerant, non-invasive plant species. DFW-10 The comment contains concluding or general information. It is not a direct comment on the content or adequacy of the Draft MND, and does not raise any specific environmental issue. CALIFORNIA COASTAL COMMISSION (CCC), MAY 1, 2017 CCC-1 This comment acknowledges that the comment period has passed and the comments are intended as guidance as the City moves forward with its review of the proposed development and related entitlements. In addition, the comment indicates that there might be different and/or additional concerns once the Local Coastal Program Amendment, Development Agreement, and -500- potentially, Coastal Development Permit, if appealed, are submitted for Coastal Commission review. CCC-2 This comment provides introductory or general information regarding the project and its location, and is not a direct comment on the content or adequacy of the Draft MND, and does not raise any specific environmental issue. CCC-3 The comment relates to the entitlements associated with the proposed project and the processing requirements for the Development Agreement, Coastal Development Permit, and Local Coastal Program Amendment. The comment is not a direct comment on the content or adequacy of the Draft MND, and does not raise any specific environmental issue. CCC-4 The comment pertains to the potential approval of the proposed entitlements and how the approval relies on the adequacy of legal assurances that the adjacent Goodell property will be preserved as open space. The Development Agreement is proposed as part of the project to ensure the dedication of 8.7 acres of land (2.5 acres on the eastern half of the Windward site and 6.2 acres of the Goodell property) for public open space. CCC-5 The comment relates to the need to provide written evidence of the State Office of Historic Preservation and Native American Heritage Commission comment on the significance of the site’s historic use by Native American groups for the Coastal Commission review of the Local Coastal Program Amendment and Development Agreement. In addition, written evidence of Native American tribal consultation on the project would need to be provided when submitting for the Coastal Commission review of the Local Coastal Program Amendment and Development Agreement. It is not a direct comment on the content or adequacy of the Draft MND, and does not raise any specific environmental issue. CCC-6 The comment relates to the removal of significant cultural resources without a valid Coastal Development Permit. The Coastal Commission addressed the removal of cultural resources through Coastal Commission Consent Order No. CCC-13-CD-08/09 and Restoration Order No. CCC-13-RO-08/09. The comment pertains to importance for the project to accommodate the requirements of the Consent and Restoration Orders. The comment is not a direct comment on the content or adequacy of the Draft MND, and does not raise any specific environmental issue. The comment will be forwarded to the applicant for their information. CCC-7 Refer to Response CCC-9 for information regarding controlled archaeological grading. CCC-8 The comment relates to site grading and over-excavation of the site. According to the preliminary Geotechnical Feasibility Study (LGC, 2008), over-excavation and recompaction of near surface soils is anticipated to occur during site preparation and -501- grading. Based on other projects in the vicinity, it is anticipated that the depth of over- excavation would not exceed five to 10 feet. The over-excavation at the Brightwater development was a maximum of five feet. Therefore, the proposed site grading operations for the Windward development will not extend below five feet. CCC-9 The comment relates to the grading activities and subsurface testing of the project site. All earth-moving activities/subsurface testing for the Windward Residential Development will be monitored by the appropriate number of archaeologists and Native American Monitors. The Juaneno Band of Mission Indians previously submitted an application to the Native American Heritage Commission [NAHC] for archaeological site CA-ORA-83, the Cogged Stone Site, and its associated sites to be placed on the NAHC Sacred Lands Inventory. The Bolsa Chica site application was accepted and as such now comes under the protection of the Juaneno Band. Native monitors from the Juaneno and Gabrielino tribes will monitor all site activities as has been traditional for decades on Bolsa Chica. The Native monitoring will be under the auspices of the Juaneno Band. The Project Archaeologist will assign a site supervisor and field archaeologists qualified according to the Secretary of the Interior Standards for Archaeology. The number of archaeological and Native monitors will depend on the amount of equipment operating at one time and will be adjusted appropriately in order to error on the side of protection of the resource. During subsurface testing, all work within 50 feet of the find will stop. Archaeological/ cultural resources will be examined in place by the archaeologist and Native monitors and mapped using survey grade GPS equipment. All archaeological material exposed during grading monitoring will be treated with dignity and respect as it is uncovered and studied in the field. In the event significant cultural resources are exposed, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined in the Archaeological Mitigation and Monitoring Plan prepared prior to grading. Specifically, because of their cultural significance, if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or religious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. Whenever possible resources will be documented and preserved in place as the preferred protection measure. Previous investigations have shown that once below the plowzone, soils consist of: 1) basal midden remnants (brown and beige-yellow in color) or 2) Pleistocene terrace deposits (red in color). The basal midden remnants are cultural deposits whereas the Pleistocene terrace deposits represent episodes of natural deposition thousands of years before the onset of human occupation. -502- These natural soils are by definition, sterile or void of cultural resources unless incidentally penetrated by animal krotvina or historic mechanical excavations. Culturally-sterile Pleistocene terrace deposits are shallow at this location, reached at a maximum depth of 150cm below the surface. In the event, cultural resources are exposed in any overlying basal midden remnants, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the Archaeological Mitigation and Monitoring Plan. Specific protocol for uncovering the resource and analyzing its significance will be detailed within this plan. However, Because of their cultural significance, if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or religious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. Controlled archaeological grading shall occur prior to the issuance of a grading permit for project development. Controlled archaeological grading consists of using mechanized equipment where the subsurface soils are removed in approximate 2 centimeter depth increments by a mechanical scraper, as part of the controlled grading effort and under the supervision of the archaeological site supervisor. The grading process shall be limited to slow excavation in small horizontal areas providing ultimate control. The archaeologist(s) and Native American Monitor(s) shall examine the soils as they are exposed. Grading efforts will continue until sterile soils are encountered. CCC-10 The comment relates to monitoring and protection of cultural resources associated with the development of the site. Controlled archaeological grading shall occur prior to the issuance of a grading permit for project development. In this manner the archaeologists control the extent and speed of the excavations. The controlled grading effort shall be coordinated with the applicant to ensure that all areas of excavation designated for project development are covered by archaeological controlled grading into sterile soils before project grading occurs. In addition to qualified archaeologists, the entire process shall be monitored by both Gabrielino and Juaneno Native American monitors as has been the standard for all previous work on the Bolsa Chica Mesa. Monitoring will occur with at least one archaeologist and one Native American monitor per equipment array that is operating. CCC-11 The comment relates to the submittal of an Archaeological Mitigation and Monitoring Plan (AMMP) for review by the Coastal Commission prior to approval of the Coastal Development Permit. The Archaeological Mitigation -503- and Monitoring Plan will be submitted to the Coastal Commission for approval by the Executive Director. CCC-12 The comment relates to the location of cultural resources preservation as laid out in the Archaeological Mitigation and Monitoring Plan. In general, in the event grading exposes archaeological/cultural resources, the archaeologist and/or Native American monitor(s) shall stop all grading activity on site and establish a minimum 50 foot buffer within which no grading or other construction activities may occur. Archaeological/cultural resources will be examined in place by the archaeologist and Native monitors and mapped using survey grade GPS equipment. All archaeological material exposed during grading monitoring will be treated with dignity and respect. In the event cultural resources are exposed, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. If through consultation with Coastal Commission staff and the Most Likely Descendent it is determined that exposed material should be left in-situ, then, the archaeologist will follow the outline for preservation in place, not constrained by the approved project development, which will be addressed in the AMMP. Because of their cultural significance, however, if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or religious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. If the materials are determined to not be located within their original deposit, not a religious or ceremonial artifact associated with human remains, and through consultation are determined to be removed, laboratory analysis and curation will occur on-site. Subsequently the materials will either be reburied or placed with all other Bolsa Chica site materials at the John D. Cooper Center, the official repository for fossils and artifacts recovered from Orange County. Upon completion of archaeological grading a report will be prepared describing all archaeological activities, monitors and their efforts, and monitoring results in accordance with the Secretary of the Interior's Guidelines for Archeological Documentation. CCC-13 The comment relates to controlled archaeological grading in the plowzone. Over the past few decades Scientific Resource Survey, Inc. has conducted numerous subsurface investigations on Bolsa Chica Mesa and is very familiar with the soils sequences on different parts of the archaeological sites. In addition, the two tribal entities that will work on the project have employed the same monitors who worked for many years with the SRS archaeologists at these same sites, including the archaeological deposit situated on the Windward Residential Development area. It is known that soils on site consist of: 1) basal -504- midden remnants (brown or beige-yellow in color) or 2) Pleistocene terrace deposits (red in color). Natural culturally-sterile Pleistocene terrace deposits are shallow at this location, reached at a maximum depth of 150cm below the surface. Archaeological grading will continue until these soils are penetrated. In the event that cultural resources are exposed in any overlying basal midden remnants, in or below the plow zone, the discovery would constitute a basis to stop work and implement appropriate measures. The discovery of cultural resources in all situations and soil horizons will be outlined in the AMMP and approved prior to archaeological grading efforts. CCC-14 The comment relates to the recovery and preservation of cultural resources. Cultural resources exposed outside of, or not related to, overlying basal midden would also trigger the stoppage of work as described above and the establishment of a minimum 50 foot buffer within which no grading or other construction activities may occur. In the event cultural resources are exposed, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined in the AMMP. If through consultation with Coastal Commission staff and the Most Likely Descendent it is determined that exposed material should be left in place, then, the archaeologist will follow the outline for in-situ preservation, not constrained by the approved project development. Again, because of their cultural significance if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or religious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. This situation as well as several others for uncovering unexpected cultural resources in areas related to the development project will be addressed in the AMMP. CCC-15 The comment relates the need for peer review of the Archaeological Mitigation and Monitoring Plan. The AMMP and appropriate research designs and recovery/preservation plans will be subject to the same rigorous peer review process as all past work on Bolsa Chica Mesa. As with past peer reviewers, names and qualifications of Peer Reviewers will be approved by the Executive Director prior to any archaeological work and submitted as a notification to the Native American Heritage Commission (NAHC) and the California Office of Historic Preservation (OHP). Several of the past peer reviewers have committed to continue archaeological review for additional projects on Bolsa Chica Mesa and specifically for the Windward Residential Development providing continuity within the review process. CCC-16 This comment relates to the drainage of the site as a result of the proposed grading and site development. The western half of the Windward site is -505- relatively flat while the eastern half slopes down toward the Parkside site. The footprint of the residential development is entirely on the western half of the property. Only the western half of the property would be graded so the drainage would be directed to Bolsa Chica Street and the Brightwater Best Management Practices (BMPs). The eastern half of the property will continue to sheet flow to the east in the vicinity of the eucalyptus ESHA as it does today. Since the eucalyptus trees are located on the side of the existing slope, the westerly runoff that includes the Windward property flows past the trees to the adjacent lowland area. Due to this topography, it appears that the water supply for the trees is not from surface water but from groundwater. The tributary areas to the lowland adjacent to the trees include a portion of the Windward property, a portion of the Goodell property, as well as the area bounded by the north Shea property boundary, Graham Street and the East Garden Grove – Wintersburg Channel. The tributary area is approximately 55 acres. The easterly half of the Windward property will be designated as open space and will have no impact on the drainage pattern. The residential development will occur on the westerly half of the Windward property and will redirect an area of approximately 0.7 acres to the Bolsa Chica Street and Brightwater storm drain/BMP as part of the development. The topography of the 0.7 acres is relatively flat and is on the upstream end of the tributary area. With the existing vegetative surface covering, there is minimal runoff that would reach the adjacent lowland area. Also, with an overall tributary area of 55 acres, a reduction of 0.7 acres will have little or no impact to the groundwater level that serves as water supply for the eucalyptus trees. Therefore, it is expected that there will be insignificant to no impacts to the eucalyptus ESHA. CCC-17 This comment relates to the re-location of the southern tarplant. If, during the preconstruction survey identified in mitigation measure BIO-1, no southern tarplant are found on site or, if present, southern tarplant consist of less than 500 mature individuals, then relocation would not be required. However, if there should be 500 or more mature southern tarplant individuals occurring on site that cannot be preserved on site, the applicant will prepare a detailed southern tarplant relocation plan, which will be provided to the California Department of Fish and Wildlife for review and then subject to approval by the City of Huntington Beach. This relocation plan would include the identification of an available and suitable relocation site in the Bolsa Chica area, which could potentially include the project site. CCC-18 This comment relates to the survey protocols of the burrowing owl. In March 2012, the California Department of Fish and Game (now known as the California Department of Fish and Wildlife) published the Staff Report on Burrowing Owl Mitigation, which replaced/superseded the 1995 Staff Report on Burrowing Owl Mitigation. This 2012 report takes into account the California Burrowing Owl Consortium’s (CBOC) Survey Protocol and Mitigation Guidelines (CBOC 1993, 1997), which was the appropriate protocol -506- to use prior to 2012. Surveys for burrowing owl on the Windward property were conducted in 2010 and followed the CBOC survey protocol. However, to further clarify mitigation measure BIO-2 in the MND, any future burrowing owl surveys, such as the preconstruction burrowing owl surveys identified in BIO-2, will be conducted in accordance with the survey protocol identified in the 2012 Staff Report. CCC-19 This comment relates to foraging activity of the raptors. The mammal species (i.e., ground squirrels, gophers, and rabbits) identified as occurring on site are also commonly found throughout the surrounding open space areas closer to more advantageous perching locations. The biological resources assessment pertaining to the Windward property (LSA 2010) indicates, “. . . it is likely that there is at least occasional raptor foraging. However, within the study area, raptor activity is essentially limited to foraging from the air, as there are no structures or vegetation for perching or nesting within or adjacent to the ruderal study area.” This may account for the less frequent raptor foraging on site. CCC-20 This comment relates to the need to submit an updated biological assessment of the subject site for the Coastal Commission review of the Local Coastal Program Amendment application. In addition, there is an inquiry regarding the restoration of native habitat on the open space portion of the Windward site. The Windward Specific Plan requires that the remaining open space area on the Windward property be planted with native landscaping along with the installation of a trail for public access. A list of the approved plants can be found in Table 6-1 of the Windward Specific Plan. CCC-21 This comment relates to provision of signage near the Los Patos Avenue / Bolsa Chica Street intersection to inform the public of the availability of public trails on the Windward site. Developments within the Coastal Zone Overlay are required to provide signs identifying the public access and public use areas. This requirement would be incorporated into the conditions of approval for the project. CCC-22 This comment relates to the drainage of the site as a result of the proposed development. Refer to CCC-16 for more information. CCC-23 This comment relates to cut and fill of the site. There is more cut (2,900 cubic yards) than fill (2,100 cubic yards) because the earthwork quantities takes into account the pavement section, assumed to be 1-foot. The cut and fill quantities were computed to the street gut section, instead of to the finished pavement elevation. There was a reduction of 1-foot taken over the street pavement area that has an approximate volume of 1,200 cubic yards. The Tentative Tract Map request is for the subdivision of the 5-acre lot into one 2.5-acre numbered lot (residential development of 36 townhome units) and one 2.5-acre letter lot (open space area). -507- The comment relates to the need to have the Development Agreement approved by the Coastal Commission in order to be effective in the coastal zone and the Development Agreement should be submitted prior to or concurrently with the Local Coastal Program Amendment for the site. The letter concludes by indicating that there might be different and/or additional concerns once the Local Coastal Program Amendment, Development Agreement, and Coastal Development Permit, if appealed, are submitted for Coastal Commission review. The comments in this letter does not include review of the Windward Specific Plan or Development Agreement. REGIONAL AGENCY SOUTHERN CALIFORNIA EDISON (SCE), APRIL 10, 2017 SCE-1 The comment relates to Southern California Edison’s ability to provide new electrical infrastructure to the proposed project and the applicant’s requirement for requesting new service. The comment does not raise any specific environmental issues. The comment will be forwarded to the applicant. INDIVIDUALS VERONICA FALLON (FALL), APRIL 3, 2017 FALL-1 The comment relates to the location of the public access to the open space portion of the proposed project. The comment does not raise any specific environmental issues. The comment will be forwarded to the Planning Commission and City Council for consideration. PHIL VAN HERLE (VANF), APRIL 3, 2017 VANH-1 The comment states opposition to the proposed project and discusses the need to preserve the beauty of Bolsa Chica area. The comment does not bring up any specific environmental issues. The comment will be forwarded to the Planning Commission and City Council for consideration. DR. MARSHA RECHKUNOVA-GOODSON (REGO), APRIL 7, 2017 REGO-1 The comment states opposition to the proposed project and discusses the need to preserve the wilderness of Bolsa Chica. The comment does not bring up any specific environmental issues. The comment will be forwarded to the Planning Commission and City Council for consideration. -508- VIKAS AND RUCHI SAREEN (SARE), APRIL 7, 2017 SARE-1 The comment states opposition to the proposed project and discusses the need to preserve the Bolsa Chica Wetlands against more development. The comment does not raise any specific environmental issues. The comment will be forwarded to the Planning Commission and City Council for consideration. ANN DEWEY (DEWE), APRIL 10, 2017 DEWE-1 The comment states opposition to the proposed project and discusses the need to preserve the Bolsa Chica Wetlands. The comment does not raise any specific environmental issues. Refer to Section 5.10 of draft MND No. 16-003 for an analysis of potential impacts to land use and planning, which includes the proposed change in land use designation from Open Space – Park to Residential Medium Density for the western half of the project site and concludes less than significant impacts. The comment is expressing opposition to the proposed change and will be forwarded to the Planning Commission and City Council for consideration. RANBIR AND VINOD MOHAN (MOHA), APRIL 10, 2017 MOHA-1 The comment states opposition to the proposed project and discusses the need to preserve the Bolsa Chica Wetlands against more development. The comment does not raise any specific environmental issues. The comment will be forwarded to the Planning Commission and City Council for consideration. BETH SIMMONS (SIMM), APRIL 10, 2017 SIMM-1 The comment states opposition to the proposed project and discusses the need to preserve the Bolsa Chica Wetlands. The comment does not raise any specific environmental issues. Refer to Section 5.10 of draft MND No. 16-003 for an analysis of potential impacts to land use and planning, which includes the proposed change in land use designation from Open Space – Park to Residential Medium Density for the western half of the project site and concludes less than significant impacts. The comment is expressing opposition to the proposed change and will be forwarded to the Planning Commission and City Council for consideration. EILEEN SMITH (SMIT), APRIL 10, 2017 SMIT-1 The comment states opposition to the proposed project and discusses the need to preserve the Bolsa Chica Wetlands against more development. The comment does not raise any specific environmental issues. Refer to Section 5.16 of draft MND No. 16-003 for an analysis of potential impacts to transportation and traffic, which concludes less than significant impacts. The comment will be forwarded to the Planning Commission and City Council for consideration. -509- ROBERT HANS WITTKAMM (WITT), APRIL 10, 2017 WITT-1 The comment states opposition to the proposed project and discusses the need to preserve the Bolsa Chica Wetlands wildlife and ecosystem and against more development. The comment does not raise any specific environmental issues. The comment will be forwarded to the Planning Commission and City Council for consideration. -510- :LQGZDUG6SHFL¿F3ODQCity of Huntington BeachMay 2017NORTHExhibit 4-1Open Space / Passive Park Concept Plan0100 ft4-6-511- City of Huntington Beach Community Development Department STAFF REPORT TO: Planning Commission FROM: Scott Hess, AICP, Director of Community Development BY: Tess Nguyen, Associate Planner DATE: June 27, 2017 SUBJECT: GENERAL PLAN AMENDMENT NO. 16-002 / ZONING MAP AMENDMENT NO. 16-003 / ZONING TEXT AMENDMENT NO. 16-004 / LOCAL COASTAL PROGRAM AMENDMENT NO. 16-002 / TENTATIVE TRACT MAP NO. 18060 / CONDITIONAL USE PERMIT NO. 16-035 / COASTAL DEVELOPMENT PERMIT NO. 16-018 / DEVELOPMENT AGREEMENT NO. 16-001 / DRAFT MITIGATED NEGATIVE DECLARATION NO. 16-003 (WINDWARD RESIDENTIAL AND OPEN SPACE) APPLICANT/ PROPERTY OWNER: Ed Mountford, Signal Landmark, 27271 Las Ramblas, Suite 100, Mission Viejo, CA 92691 LOCATION: 17202 Bolsa Chica Street, 92649 (SEC of Bolsa Chica Street and Los Patos Avenue) STATEMENT OF ISSUE: ♦ General Plan Amendment No. 16-002 request: − To amend the Land Use Designation from Open Space – Park (OS–P) to Residential Medium Density (RM) for the western half (2.5 acres) of the 5-acre Windward site. ♦ Zoning Map Amendment No. 16-003 request: − To amend the existing zoning designation of Residential Agriculture – Coastal Zone Overlay (RA– CZ) to Specific Plan – Coastal Zone Overlay (SP–CZ) on the entire 5.3-acre project site. ♦ Zoning Text Amendment No. 16-004 request: − To establish the Windward Specific Plan for the development of the residential townhome project and dedication of open space. ♦ Local Coastal Program Amendment No. 16-002 request: − To amend the certified Land Use Plan from Open Space – Park (OS–P) to Residential Medium Density (RM) for the western half (2.5 acres) of the site and to reflect the Zoning Map and Text Amendments described above. -512- ♦ Tentative Tract Map No. 18060 request: − To subdivide the approximately 5-acre lot into one numbered lot (residential development for 36 townhome units) and one lettered lot (open space area). ♦ Conditional Use Permit No. 16-035 request: − To permit the construction of a 36-unit townhome development with associated open space and infrastructure. − To develop on a lot with a grade differential greater than three feet between the high point and the low point. ♦ Coastal Development Permit No. 16-018 request: − To construct a 36-unit townhome development and associated open space and infrastructure in the coastal zone. ♦ Development Agreement No. 16-001 request: − To vest the proposed land use designations and standards for the development of 36 residential units for a 10-year term. − To ensure the dedication of 8.7 acres of land for passive public open space and resource conservation uses to a governmental agency or a qualified non-profit organization subject to approval by the Executive Director of the California Coastal Commission. ♦ Mitigated Negative Declaration No. 16-003 request: − To analyze the potential environmental impacts associated with the project and legislative amendments. ♦ Staff’s Recommendation: Approve General Plan Amendment No. 16-002, Zoning Map Amendment No. 16-003, Zoning Text Amendment No. 16-004, Local Coastal Program Amendment No. 16-002, Tentative Tract Map No. 18060, Conditional Use Permit No. 16-035, Coastal Development Permit No. 16-018, and Development Agreement No. 16-001 based upon the following: − The proposed land use amendments to amend the land use designation from Open Space–Park to Residential Medium Density and the zoning designation from Residential Agriculture– Coastal Zone to Specific Plan–Coastal Zone will: be consistent with surrounding zoning and land use designations; not result in the loss of an existing or planned recreational resource; provide for the creation of new housing units in the City; and provide compatible zoning and General Plan land use designations. − The proposed project will comply with the provisions of the Windward Specific Plan and Huntington Beach Zoning and Subdivision Ordinance (HBZSO) with respect to the development standards as well as the standards of the Coastal Zone Overlay. − The proposed residential units will be compatible with other residential uses surrounding the project site with respect to density, building height, and site layout. − The project meets the requirements of the Subdivision Map Act and has been reviewed by the Subdivision Committee for compliance. − The proposed Local Coastal Program amendment will be consistent with the Coastal Act by providing enhanced coastal access through the improvement of an existing City-owned parcel -513- and the Windward open space areas and contributing to existing recreational opportunities through the dedication of 8.7 acres of land for passive open space areas. − The project will be sensitive to surrounding preserved environmentally sensitive habitat areas. − The proposed zoning text amendment, through the proposed Windward Specific Plan development standards, will ensure a development that is compatible with surrounding developments. − The development agreement will ensure the dedication of 8.7 acres of land for passive public open space uses and vests the development of 36 residential units. Approve Mitigated Negative Declaration No. 16-003 based upon the following: − The project, with the incorporation of mitigation measures, will not have significant adverse impacts on the environment. RECOMMENDATION: Motion to: A. “Approve Mitigated Negative Declaration No. 16-003 with findings and forward to the City Council for adoption (Attachment No. 1);” B. “Approve General Plan Amendment No. 16-002 by approving the draft City Council Resolution No. 2017-20 (Attachment No. 2) and forward to the City Council for adoption;” C. “Approve Zoning Map Amendment No. 16-003 with findings for approval (Attachment No. 1) by approving the draft City Council Ordinance No. 4134 (Attachment No. 3) and forward to the City Council for adoption;” D. “Approve Zoning Text Amendment No. 16-004 with findings for approval (Attachment No. 1) by approving the draft City Council Resolution No. 2017-19 (Attachment No. 4) and forward to the City Council for adoption;” E. “Approve Local Coastal Program Amendment No. 16-002 with findings for approval (Attachment No. 1) by approving the draft City Council Resolution No. 2017-18 (Attachment No. 5) and forward to the City Council for adoption;” F. “Approve Tentative Tract Map No. 18060 with findings and suggested conditions of approval (Attachment No. 1);” G. “Approve Conditional Use Permit No. 16-035 with findings and suggested conditions of approval (Attachment No. 1).” H. “Continue Coastal Development Permit No. 16-018 to a date uncertain until after a Local Coastal Program Amendment for the project is certified by the California Coastal Commission.” I. “Approve Development Agreement No. 16-001 with findings and suggested conditions of approval (Attachment No. 1) by approving the draft City Council Ordinance No. 4135 (Attachment No. 6) and forward to the City Council for adoption.” -514- VICINITY MAP MITIGATED NEGATIVE DECLARATION NO. 16-003/ GENERAL PLAN AMENDMENT NO. 16-002/ ZONING MAP AMENDMENT NO. 16-003/ ZONING TEXT AMENDMENT NO. 16-004/ LOCAL COASTAL PROGRAM AMENDMENT NO. 16-002/ TENTATIVE TRACT MAP NO. 18060/ CONDITIONAL USE PERMIT NO. 16-035/ COASTAL DEVELOPMENT PERMIT NO. 16-018/ DEVELOPMENT AGREEMENT NO. 16-002 (WINDWARD RESIDENTIAL DEVELOPMENT – 17202 BOLSA CHICA STREET) Windward Project Site Parkside Property Goodell Property Bolsa Chica St. Los Patos Ave. -515- ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. “Deny Mitigated Negative Declaration No. 16-003 / General Plan Amendment No. 16-002 / Zoning Map Amendment No. 16-003 / Zoning Text Amendment No. 16-004 / Local Coastal Program Amendment No. 16-002 / Tentative Tract Map No. 18060 / Conditional Use Permit No. 16-035 / Coastal Development Permit No. 16-018 / Development Agreement No. 16-001 with findings for denial.” B. “Continue Mitigated Negative Declaration No. 16-003 / General Plan Amendment No. 16-002 / Zoning Map Amendment No. 16-003 / Zoning Text Amendment No. 16-004 / Local Coastal Program Amendment No. 16-002 / Tentative Tract Map No. 18060 / Conditional Use Permit No. 16-035 / Coastal Development Permit No. 16-018 / Development Agreement No. 16-001 and direct staff accordingly.” PROJECT PROPOSAL: General Plan Amendment (GPA) No. 16-002 represents a request to amend the General Plan land use designation from Open Space – Park (OS–P) to Residential Medium Density – Max 15 dwelling units per acre (RM–15) for the western half (2.5 acres) of the 5-acre Windward site. The existing City-owned parcel (0.3 acres) and eastern half (2.5 acres) of the Windward site would retain the Open Space – Park land use designation. Zoning Map Amendment (ZMA) No. 16-003 represents a request to amend the existing zoning designation of Residential Agriculture – Coastal Zone Overlay (RA–CZ) to Specific Plan – Coastal Zone Overlay (SP– CZ) on the entire 5.3-acre project site pursuant to Chapter 247, Amendments, of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). Zoning Text Amendment (ZTA) No. 16-004 represents a request to establish the Windward Specific Plan (SP 16) for the development of the residential townhome project and dedication of open space pursuant to Chapter 215, Specific Plan, of the HBZSO. Local Coastal Program Amendment (LCPA) No. 16-002 represents a request to amend the certified Land Use Plan from Open Space – Park (OS–P) to Residential Medium Density (RM) for the western half (2.5 acres) of the site in accordance with ZMA No. 16-003 and ZTA No. 16-004 pursuant to Chapter 247, Amendments, of the HBZSO. If approved by the City, LCPA No. 16-002 will require certification (approval) by the California Coastal Commission. Tentative Tract Map No. 18060 represents a request to subdivide the approximately 5-acre lot into one 2.5- acre numbered lot (residential development for 36 townhome units) and one 2.5-acre lettered lot (open space area) pursuant to Section 250.14, Map Requirements, of the HBZSO. Conditional Use Permit No. 16-035 represents a request for the following: 1) To construct a 36-unit townhome development and associated open space and infrastructure pursuant to Section 210.04 of the HBZSO and Section 5.2.1 of the Draft Windward Specific Plan. 2) To develop on a lot with a grade differential of greater than three feet between the high point and the low point pursuant to Section 230.70, Measurement of Height, of the HBZSO. -516- Coastal Development Permit No. 16-018 represents a request to construct a 36-unit townhome development and associated infrastructure in the coastal zone pursuant to Chapter 245 of the HBZSO. Development Agreement No. 16-001 represents a request to enter into a Development Agreement between the City of Huntington Beach and Signal Landmark 1) to vest the proposed land use designations and standards for the development of 36 residential units for a 10-year term; and 2) to ensure the dedication of 8.7 acres of land for passive public open space and resource conservation uses to a government agency or a qualified non-profit organization pursuant to Chapter 246, Development Agreements, of the HBZSO. Mitigated Negative Declaration No. 16-003 represents a request to analyze the potential environmental impacts associated with the proposed legislative amendments and development project pursuant to Chapter 240, Environmental Review, of the HBZSO and the California Environmental Quality Act (CEQA). Residential Development The proposed residential development consists of the subdivision and construction of 36 townhome units, 3,800 square feet of common residential open space, and associated improvements on the western portion (2.5-acres) of the Windward site. The residential units are duplex townhomes with four different floor plans, featuring three bedrooms and ranging in size from 2,087 to 2,202 square feet in living space with attached two-car garages. Each unit is three stories with a roof deck at a maximum height of 34.25 feet. Private open space for each unit is provided on the first floor in either the front or rear depending on the floor plan, on a second story balcony and on the third floor roof deck. A recreation area is proposed on the northwest corner of the residential development area and includes a swimming pool, fireplace, restroom, and seating for the use by the residents. Access to the site includes two ingress/egress driveways along Bolsa Chica Street. The project is proposing construction of infrastructure improvements including street, curbs, sidewalks and storm drain facilities. The project plans are provided in Attachment No. 12. The development project site is generally flat, however, portions of the site slope gradually from west to east at elevations ranging from approximately 52 feet to approximately 47 feet. Finished pads on the west side of the residential project site, adjacent to Bolsa Chica Street, will remain relatively the same as the existing elevation. The eastern portion of the residential project site adjacent to the open space area would be raised two to four feet over existing elevations requiring approximately 2,900 cubic yards of cut and 2,100 cubic yards of fill. A minimum of 10% of all new residential construction shall be affordable housing units pursuant to HBZSO Section 230.26. The requirement would be 3.6 affordable units for the 36-unit Windward development. In order to satisfy the affordable housing requirement, the City and the property owner will enter into an agreement that provides for the payment of in-lieu fees consistent with the City’s affordable housing fee program. Pursuant to HBZSO Section 254.08, developers shall pay Park and Recreation Fees or dedicate land for park and recreational facilities to the City. The applicant proposes to pay the in-lieu fees for park and recreational facilities. Open Space/Passive Park Plan The Specific Plan provides a comprehensive program to direct development of the residential and passive open space areas of the Windward site and City-owned parcel. In addition to the proposed residential development of the western half of the Windward site, the eastern half is proposed to be dedicated to a government agency or a qualified non-profit for use as passive open space. No building construction or -517- development within the 2.5 acre open space area is proposed. In addition, the terms of the proposed development agreement would require the developer to purchase the 6.2-acre Goodell property (undeveloped property immediately south of the Windward site located in unincorporated Orange County) and dedicate the property to a government agency or a qualified non-profit for passive open space purposes prior to beginning construction of the residential project. The open space portion of the Windward site is designed with a pedestrian trail which includes interpretive signage and a scenic overlook. To facilitate public access to the property, a trail system is proposed. A decomposed granite pedestrian trail with landscaping would be installed on the City-owned property and connect the City-owned property to the Windward site open space area and ultimately to the Goodell property. The plan is to initially create a trail loop that starts at the southeast corner of Bolsa Chica Street and Los Patos Avenue, extends easterly through the City-owned property, then turning southerly across the Windward site, and then turning westerly to intersect back at Bolsa Chica Street. The trail will be located at the highest elevation of the project site providing an opportunity for a scenic overlook node offering trail users unobstructed views of Saddleback Mountain in south Orange County. The trail would feature interpretive signage that would provide users with information regarding the property’s rich history. Ultimately, the trail system could be extended onto the Goodell property to create a network of trails that provide users with a variety of experiences. Development Agreement Development Agreements are authorized by California Government Code Section 65864 et seq. and Chapter 246 of the HBZSO to enable the City to enter into binding contract with a developer that assures the City as to the type, character, and quality of development and additional “benefits” and assures the developer that the necessary development permits will be issued regardless of changes in regulations. The proposed Development Agreement is a request from Signal Landmark (developer) to lock in the land use designations and development of 36 residential units and to dedicate 8.7 acres of land for passive public open purposes in conjunction with the Windward development. The development agreement provides certainty for the City and developer as to the land use, density, and intensity of Windward development and provides the City with benefits, namely the dedication of 8.7 acres of land for passive public open space and conservation uses. If approved, the developer would secure the right to complete the residential project for the duration of the 10-year term of the Development Agreement. The draft Development Agreement is provided in Attachment No. 9. Background: In 2008, Signal Landmark proposed a project, known as The Ridge, that involved a request to amend the land use and zoning designations on the 5-acre Windward parcel for the subdivision and development of a 22-unit single-family planned unit development. The project proposed to amend the General Plan land use designation from Open Space – Park to Residential Low Density – 7 dwelling units/acre and amend the existing zoning from Residential Agriculture – Coastal Zone to Residential Low Density – Coastal Zone. The project also consisted of a zoning text amendment that amended the Planned Unit Development (PUD) supplemental standards and provisions of Chapter 210.12 with respect to public benefits and parking and a Local Coastal Program Amendment to reflect the Zoning Map, Zoning Text and Land Use Plan Amendments. In 2010, the City approved the project with all the proposed amendments to the General Plan and zoning designations. To comply with the California Environmental Quality Act, the City adopted a Mitigated Negative Declaration (MND). Because the property is within the coastal zone, the California Coastal Commission (CCC) must approve any amendments to the City’s Local Coastal Program (LCP), therefore -518- the City submitted the LCP amendment to the CCC for approval. In August 2010, the Bolsa Chica Land Trust filed litigation challenging the City’s approval of a MND claiming that the City should have prepared an Environmental Impact Report (EIR) rather than approving a MND. The litigation was stayed pending the outcome of the Coastal Commission’s decision. In June 2014, the City and Signal Landmark withdrew the LCP Amendment from consideration by the CCC. In April 2016, after over a year of facilitated settlement meetings, Signal Landmark, the City, and the Bolsa Chica Land Trust signed a settlement agreement in an effort to resolve the pending CEQA litigation. The Settlement Agreement (Attachment No. 16) identified two alternative approaches to the disposition of the Windward site and the adjacent Goodell property. The Acquisition Alternative provides an opportunity to preserve both the Windward property and the Goodell property as open space. Signal has independently entered into an option agreement with the Trust for Public Land (TPL) for the purchase of the Windward and Goodell properties. The TPL has an 18-month period in which to raise funds to purchase both properties. The option will expire in October 2017. The purchase price will be determined by an independent third party appraisal. The Development Alternative allows Signal Landmark to pursue entitlements for residential development on approximately half of the Windward site concurrently with TPL’s pursuit of acquisition funds while preserving the remaining 2.5 acres of the Windward site as open space and acquiring the 6.2-acre Goodell property and dedicating it for open space. The proposed project and associated entitlements reflect the Development Alternative. If TPL is successful in the acquisition of the Windward and Goodell properties, then the proposed Windward residential project would not be developed. Study Session: The project was introduced to the Planning Commission (PC) on May 23, 2017, at a study session. The PC inquired about several project-related issues that are identified and expanded upon below: Architectural Compatibility with Surrounding Developments The Huntington Beach Urban Design Guidelines have different design objectives for single-family and multi-family residential developments. While the guidelines do not specify any particular architectural style, they encourage elements that add visual interest and character to the neighborhood. The layout and design of the single-family developments (Sandover and Brightwater) to the west would be different from the multi-family developments (Cabo del Mar, Los Patos Apartments) to the north of the proposed Windward site. Refer to the Urban Design Guidelines Conformance section for more information regarding the architectural design of the proposed Windward development. Although the proposed project is designed to have a different architectural style (Mid-Century Modern) from the surrounding developments, it offers a range of architectural elements that create visual interest and enhance the character to the neighborhood. The Mid-Century Modern architectural style is chosen because it reflects the current market demand as well as fits in with the California lifestyle. In addition, the proposed Windward residential units are separated from the surrounding developments by approximately 80 feet to the north and 100 feet to the west. These distances combined with existing and proposed landscaping on the 30-foot wide parcel (north of the site) and along Bolsa Chica Street frontage would function to buffer the existing residential developments from the proposed Windward development. Obstruction of Views The project is proposing three story townhomes at approximately 34.25 feet in height. Because existing residential uses north and west of the project site are two and three stories in height, private views from -519- these residential uses would be impacted by the project. However, neither the General Plan Coastal Element nor the Coastal Act protect private views. Building Height Limits The Huntington Beach Zoning and Subdivision Ordinance allows exceptions to height limits, permitting chimneys, cooling towers, architectural features, antennas, and similar structures and necessary mechanical appurtenances to exceed the maximum height by no more than 10 feet. In addition to allowing similar structures above the height limit, the Windward Specific Plan also proposes to permit roof deck trellises up to a maximum of 10 feet above the roof deck floor with the following criteria: 1) setback a minimum of five (5) feet from the edge of the roof or adjacent unit; 2) not to exceed 150 sq. ft. in area; 3) open on three (3) sides; and 4) lattice design only. In reviewing other specific plans for similar exceptions to height limits, the Bella Terra Specific Plan was found to allow special themed architectural structures or elements such as towers or domes up to 120 feet. A matrix comparing the development standards of the draft Windward Specific Plan with the Huntington Beach Zoning and Subdivision Ordinance is in the Zoning Text Amendment section below. Annexation of Goodell Property The Goodell property is currently an unincorporated island and is zoned for medium low density residential (6.5 – 12.5 du/ac) by the County, although this land use is not certified by the Coastal Commission. In 2009, the City, in anticipation of annexing the property, pre-zoned 3.2 acres of the property adjacent to Bolsa Chica Street for low density residential, 2.0 acres as Open-Space Park and one acre as Coastal Conservation. These designations were not certified by the California Coastal Commission. The property owner is not seeking annexation into the City at this time. Under Acquisition Alternative or Development Alternative, the City would work with the property owner to annex the property into the City. Cultural Mitigation Program The Cultural Mitigation Plan is a requirement stemming from a 2013 Consent Restoration Order issued by the California Coastal Commission as a result of a violation that occurred on the Windward site in 2001 when a subsurface archaeological investigation took place without a valid Coastal Development Permit. The Cultural Mitigation Plan is a plan to mitigate for impacts to archaeological and cultural resources on the Windward site, including the following: 1. A plan to construct a cultural area that provides sufficient space and amenities that can be used by Native Americans for, among other activities, ceremonial and reflection purposes. 2. A plan to construct trails that connect the Cultural Site to 1) Bolsa Chica Street, 2) areas open or required to be open to the public, and 3) public areas within the adjacent Brightwater project. 3. A signage program that details a system of signs that clearly 1) direct the public to and mark the location of public accessways, public parking areas, and the Cultural Site; 2) provide information about the cultural history of the property, the Bolsa Chica Mesa, and the purpose of the Cultural Site. 4. A plan to revegetate areas adjacent to the Cultural Site and Cultural Site Trails. 5. A provision to record deed restrictions to allow public access over and passive recreational uses of the Cultural Site and Cultural Site Trails. 6. A provision to obtain all necessary permissions to conduct and complete the work required to implement the Mitigation Plan. Under the Acquisition Alternative or Development Alternative, the Cultural Mitigation Plan would be implemented upon the approval of the Plan by the Coastal Commission. -520- ISSUES: Subject Property and Surrounding Land Use, Zoning and General Plan Designations: LOCATION GENERAL PLAN ZONING LAND USE Subject Property: OS-P (Open Space – Park) RA-CZ (Residential Agricultural - Coastal Zone) Undeveloped; construction staging area (portion) North of Subject Property: RMH-25 (Residential Medium High Density – 25 du/ac) RMH (Residential Medium High Density) Multi-family Residential East of Subject Property: OS-C (Open Space – Conservation) CC (Coastal Conservation) Undeveloped (Shea property – approved for single-family and open space uses) South of Subject Property: Suburban Residential – 0.5 – 18.0 du/ac – County of Orange) PC (Planned Community – County of Orange) Undeveloped (Goodell property) West of Subject Property (across Bolsa Chica Street): RL-7 (Residential Low Density – 7 du/ac); Undesignated – (Brightwater Specific Plan) RL-CZ (Residential Low Density – Coastal Zone); SP15-CZ – (Brightwater Specific Plan – Coastal Zone) Single-family Residential (Brightwater and Sandover developments) General Plan Conformance: In addition to the request to subdivide and construct 36 townhome units on the project site, the project applicant is proposing to amend the existing zoning to Specific Plan – Coastal Zone (SP–CZ) with a General Plan Land Use designation of Residential Medium Density–15 units/acre (RM–15) for the western half of the Windward site. The project also consists of a zoning text amendment that would establish the Windward Specific Plan for the development of the residential townhome project and dedication of open space. The project also requires an amendment to the City’s certified Local Coastal Program to change the Land Use Plan from OS–P to RM–15 and reflect the zoning map and zoning text amendments. The proposed project and legislative amendments are consistent with the following applicable Goals, Objectives and Policies of the General Plan Land Use, Coastal, Urban Design, Recreation and Community Services and Environmental Resources/Conservation Elements: A. Land Use Element Goal LU 5: Ensure that significant environmental habitats and resources are maintained. Objective LU 5.1: Provide for the protection and maintenance of environmental resources as new development and redevelopment projects occur during the planning, project review and permitting process. -521- Policy LU 5.1.1: Require that development protect environmental resources by consideration of the policies and standards contained in the Environmental Resources/Conservation Element of the General Plan and Federal (NEPA) and State (CEQA) regulations. During the development review process: a. Review any development proposal for the Bolsa Chica area, Huntington Beach Wetlands and throughout the City to ensure that no development is permitted in Federally and state delineated wetlands; and b. Review any development proposed for non-wetland areas to ensure that appropriate setbacks and buffers are maintained between development and environmentally sensitive areas to protect habitat quality. The project has been reviewed for environmental impacts in accordance with CEQA. The project’s potential impacts are analyzed in Recirculated Draft MND No. 16-003, which concludes that the project, with mitigation, would result in less than significant impacts. The project site is adjacent to an existing grove of eucalyptus trees that has been designated as an environmentally sensitive habitat area (ESHA). As such, the project is required to be designed in accordance with the provisions of Chapter 221 of the HBZSO, which includes performance standards for development adjacent to an ESHA. Compliance with these provisions would ensure that impacts from the proposed project on the ESHA would be minimized. The project site does not contain any wetland areas and is located outside of the required buffer area for delineated wetlands on the adjacent (Shea) property to the east. The drainage concept for the proposed project and compliance with applicable requirements related to water quality and water discharge would ensure that impacts to downstream waters, including the Bolsa Chica Wetlands, would be less than significant. Finally, the project complies with the minimum buffer requirements for development adjacent to an ESHA pursuant to the HBZSO and the City’s certified Local Coastal Program. Notwithstanding compliance with the minimum buffer requirements, the project’s proposed distance to the ESHA east of the project site has been analyzed by a qualified biologist and determined to be adequate in terms of minimizing impacts to the ESHA. Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Objective LU 9.1: Provide for the development of single- and multi-family residential neighborhoods. Policy LU 9.1.3: Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below: a. Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volumes. b. Locate the elevation of the first occupiable floor at or in proximity to the predominant grade elevation, visually screening subterranean parking facilities from the street frontage. c. Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas. d. Site and design parking areas and facilities that are integrated but do not dominate the architectural character of the structure. e. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. -522- Policy LU 9.1.4: Require that recreational and open space amenities be incorporated in new multi- family developments and that they be accessible to and of sufficient size to be usable by all residents. The project is proposing to provide 36 multi-family residential units in an area with existing single- and multi-family residential uses. The character of the development is consistent with the existing neighborhood in size and scale of other residential structures in the vicinity. The residential units are duplex townhomes with four different floor plans, featuring three-bedrooms with attached two-car garages. The project creates visual interest along the street frontage by incorporating varied building design. Featuring a Mid-Century Modern architectural style, the project building design includes articulation and architectural details on all four sides of each duplex. The building facades contain a combination of building pop-outs and recesses to create shadow patterns and depth on wall surfaces. The architectural details on each elevation do not repeat frequently and a variety of colors and building materials are used to create differentiation in the exterior appearances. All details and materials of the project are modern and stylistically consistent. A 3,800 sq. ft. recreation area, including a swimming pool, fireplace, restroom, and seating, is provided for the use of the residents at the northwest corner of the project site. The majority of the existing trees along the front property line on Bolsa Chica Street will remain and additional landscaping will be added, creating an enhanced landscaped setback that is integrated with abutting sidewalks and parkways. Implementation Program I-LU 7: Where appropriate, the City may use Development Agreements as binding implementation tools. Development Agreements are authorized by State law to enable a city to enter into a binding contract with a developer that assures the city as to the type, character, and quality of development and additional “benefits” that may be contributed and assures the developer that the necessary development permits will be issued regardless of changes in regulations. The development agreement would ensure that the project is developed in accordance with the approved Windward Specific Plan, consisting of 36 residential units and a public open space plan. The benefits of the development agreement for this project include assurances that the residential project will be built and dedication of 8.7 acres of land for public access, passive recreational use, habitat enhancement, and public trails. B. Coastal Element Goal C 1: Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs. Objective C 1.1: Ensure that adverse impacts associated with coastal zone development are mitigated or minimized to the greatest extent feasible. Policy C 1.1.1: With the exception of hazardous industrial development, new development shall be encouraged to be located within, contiguous or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services, and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. Policy C 1.1.3a: The provision of public access and recreation benefits associated with private development (such as but not limited to public access ways, public bike paths, habitat restoration and -523- enhancement, etc.) shall be phased such that the public benefit(s) are in place prior to or concurrent with the private development but not later than occupation of any private development. Policy C 1.1.5: New residential development should be sited and designed in such a manner that it maintains and enhances public access to the coast. b. provide non-automobile circulation such as bike trails and pedestrian walkways within the development d. provide for the recreational needs of new residents through local park acquisition or on-site recreational facilities to assure that recreational needs of new residents will not overload nearby coastal recreation areas Goal C 2: Provide coastal resources access opportunities for the public where feasible and in accordance with the California Coastal Act requirements. Policy C 2.4.7: The streets of new residential subdivisions between the sea and the first public road shall be constructed and maintained as open to the general public for vehicular, bicycle, and pedestrian access. General public parking shall be provided on all streets throughout the entire subdivision. Private entrance gates and private streets shall be prohibited. All public entry controls (e.g. gates, gate/guard houses, guards, signage, etc.) and restrictions on use by the general public (e.g. preferential parking districts, resident-only parking periods/permits, etc.) associated with any streets or parking areas shall be prohibited. Goal C 4: Preserve and, where feasible, enhance and restore the aesthetic resources of the City’s coastal zone, including natural areas, beaches, harbors, bluffs and significant public views. The project is proposing a passive open space plan as part of the Windward development, encompassing the existing undeveloped City-owned 30-foot wide parcel north of the project site, the eastern 2.5 acres of the project site, and the 6.2-acre Goodell property (undeveloped property south of the project site located in unincorporated Orange County). The open space area is designed with a pedestrian trail system which includes interpretive signage and a scenic overlook. To facilitate public access to the property, a decomposed granite pedestrian trail would be installed on the City-owned property and connect the City-owned property to the Windward site open space area and ultimately to the Goodell property. The plan is to initially create a trail loop that starts at the southeast corner of Bolsa Chica Street and Los Patos Avenue, extends easterly through the City-owned property, then turning southerly across the Windward site, and then turning westerly to intersect back at Bolsa Chica Street. The trail will be located at the highest elevation of the project site providing an opportunity for a scenic overlook node offering trail users unobstructed views of Saddleback Mountain in south Orange County. The trail would feature interpretive signage that would provide users with information regarding the property’s rich history. Ultimately, the trail system could be extended onto the Goodell property to create a network of trails that provide users with a variety of experiences. The project does not propose entry gates or other entry or parking restrictions. Access to the street and on-street parking would be available to the general public. The project is in close proximity to similar developments, is consistent with the existing land use pattern in the area, and can be accommodated by existing infrastructure. Although the proposed project would result in development on the Bolsa Chica Mesa, the existing slope adjacent to the project site would be preserved in that no construction would occur other than minimal landscaping. In addition, the proposed -524- drainage system would further protect the slope from potential impacts from runoff and erosion. Environmental impacts from the proposed project were analyzed in Draft MND No. 16-003. Potential impacts have either been minimized through the project’s design or can be mitigated so that all impacts would be less than significant. C. Urban Design Element Goal UD 2: Protect and enhance the City’s public coastal views and Oceanside character and screen any uses that detract from the City’s character. Objective UD 2.1: Minimize visual impacts of new development on public views to the coastal corridor, including views of the sea and wetlands. Policy UD 2.1.1: Require that new development be designed to consider coastal views in its massing, height and site orientation. The proposed design of the residential project would be consistent with existing residential uses in terms of density and scale. The proposed project would result in the preservation of approximately 8.7 acres of open space. As such, the project would retain existing public coastal views from the City-owned parcel north of the project site and the eastern half of the project site. The project would also preserve the existing slope along the eastern perimeter of the project site as a scenic resource. D. Recreation and Community Services Element Goal RCS 2: Provide adequately sized and located active and passive parklands to meet the recreational needs of existing and future residents, and to preserve natural resources within the City of Huntington Beach and its sphere of influence. Policy RCS 2.1.5: Provide for the inclusion of recreational trails in new developments which link with the existing or planned trails. Although the project is proposing to amend the existing land use designation from Open Space – Park to Residential Medium Density for the western 2.5 acres of the project site, the project would be providing for additional recreational opportunities. The project is proposing an approximately 3,800 square foot (0.09 acre) common open space area to provide a recreational amenity for the residents of the project. The project is also required to pay park in-lieu fees as required by the HBZSO to contribute to future recreational opportunities. The project is proposing to improve an existing 30-foot wide City- owned parcel located immediately north of the project site with a decomposed granite trail with native landscaping that would provide access from Bolsa Chica Street to the project site open space area. The proposed Specific Plan and Development Agreement would ensure the preservation of 8.7 acres of open space and the expansion of passive recreational opportunities within the Bolsa Chica area. Designed with interpretive signage and scenic overlooks, a trail system is proposed for the open space area to provide public access to the recreational resource. In this respect, the project would further recreational opportunities in the Bolsa Chica area. -525- E. Environmental Resources/Conservation Element Goal ERC 2: Protect and preserve significant habitats of plant and wildlife species, including wetlands, for their intrinsic values. Objective ERC 2.1: Evaluate, enhance, and preserve the City’s important habitat areas. Policy ERC 2.1.1: Acquire and maintain the most current information available regarding the status and location of sensitive biological elements (species and natural communities) throughout the City. A biological resources assessment was prepared by a qualified biologist for the project. The biological resources assessment presents the most current information on potential resources on the project site and also identifies existing resources within the vicinity of the project site. The project site is located on the Bolsa Chica Mesa and surrounding resources include a grove of primarily eucalyptus trees that have been designated as an Environmentally Sensitive Habitat Area (ESHA) on the Shea property east of the project site. There is also a designated wetland area on the Shea property in the vicinity of the project site at the toe of the slope. The project’s design, in addition to applicable HBZSO requirements for development adjacent to an ESHA, will ensure that impacts to surrounding resources would be minimized from development of the project. While the project site does not contain any sensitive resources, there is potential for two special status species, burrowing owls and southern Tarplant, to occur on the site. Mitigation measures recommended for Draft MND No. 16-003 require pre- construction surveys to determine the presence of these species on the project site. The mitigation measures also require additional provisions, in accordance with established protocols, to protect the special status species if they are determined to be present on the project site. Goal ERC 6: Protect and enhance the beneficial uses of our receiving waters. Objective ERC 6.1: Minimize impacts from urban runoff into receiving waters. Policy ERC 6.1.1: Create and implement means to reduce the quantity and improve the quality of runoff and discharge of pollutants to the maximum extent practicable by integrating surface runoff controls and Best Management Practices into new development and redevelopment land use decisions. Policy ERC 6.1.6: Ensure that post development runoff rates and velocities from a site have no significant adverse impact on downstream erosion and stream habitat. The project’s proposed storm drain system would limit the amount of post-construction runoff to ensure that impacts due to runoff would be less than significant. Runoff from the project site will be conveyed to the Brightwater storm drain system, water quality flows will be diverted for treatment, reconnect to the peak flow storm drain and ultimately outlet to the Bolsa Chica Wetlands. The proposed post- development drainage design will utilize two on-site catch basins to capture storm water runoff and flow into an existing 24-inch storm drain system on Bolsa Chica Street that was installed as of the Brightwater development. The runoff will be diverted to a filtration system for treatment and outletted through a 66-inch pipe to the Bolsa Chica Wetlands. The project, as designed and with implementation of a Water Quality Management Plan, which incorporates Best Management Practices (BMPs), would not result in substantial increases in the rate and volume of post construction runoff that would adversely impact the beneficial use of downstream waters. Finally, the proposed storm drain system would lessen -526- the impact of uncontrolled storm flows into the adjacent open space areas that could cause environmental harm and sensitive resources. Zoning Compliance: The proposed project complies with the requirements of the new Windward Specific Plan zoning district. A Zoning Conformance Matrix (Attachment No. 15) shows an overview of the project’s conformance to the development standards of the Windward Specific Plan. The proposed project is also required to comply with other requirements of the HBZSO including regulations pertaining to subdivisions and the Coastal Zone overlay. In addition, a list of City Code Requirements of the applicable provisions of the HBZSO and Municipal Code has been provided to the application (Attachment No. 14) for information purposes only. Urban Design Guidelines Conformance: The Huntington Beach Urban Design Guidelines contains guidelines specific to multi-family residential development. The project generally conforms to the objectives and standards contained in the Guidelines. The project would comply with general design objectives providing high quality architectural and landscape design in scale with existing residential development surrounding the project site and preserving natural amenities such as the open space along the eastern perimeter of the site. The character of the development is consistent with the existing neighborhood in size and scale of other residential structures in the vicinity. The project creates visual interest along the street frontage by incorporating enhanced landscaping and paving, providing a variety of trees, as well as functional open space in one common area and private yards, and maintains high quality architectural design. Grading will be minimized by filling low areas and maintaining the natural contours of the existing terrain. The project proposes to incorporate several guidelines for building siting/lot design including varied building offsets and varied building design. Featuring a Mid-Century Modern architectural style, the project building design includes the “high quality” architecture as encouraged by the design guidelines. Articulation and architectural details are proposed on all four sides of each duplex. The building facades contain architectural elements that provide visual interest using a combination of building pop-outs and recesses to create shadow patterns and depth on wall surfaces. The architectural details on each elevation do not repeat frequently and a variety of colors and building materials are used to create differentiation in the exterior appearances. All details and materials of the project are modern and stylistically consistent. Decorative paving is integrated at site entries and at pedestrian walkways across circulation drives and parking aisles for safe and visually attractive pedestrian access. Overall the layout of the development provides efficient access for both pedestrians and vehicles and the buildings will be constructed of quality architecture and colors. Environmental Status: On March 2, 2017, the Environmental Assessment Committee (EAC) approved the processing of a Mitigated Negative Declaration (MND) for the project. The draft MND concluded that the project would not have significant environmental impacts with incorporation of recommended mitigation measures that were identified for potential impacts to biological resources, cultural resources, and tribal cultural resources. Subsequently, Draft Mitigated Negative Declaration No. 16-003 (Attachment No. 10) was prepared with mitigation measures pursuant to Section 240.04 of the HBZSO and the provisions of CEQA. -527- Draft Mitigated Negative Declaration No. 16-003 was made available for a 30-day public review period from March 9, 2017 to April 10, 2017. The City received 11 comment letters on Draft MND No. 16-003. All comments as well as staff’s responses to comments are included in Attachment No. 11. The Environmental Board was notified of the Mitigated Negative Declaration. The Environmental Board did not submit a comment letter. Prior to any action on the project, it is necessary for the Planning Commission to review and act on Mitigated Negative Declaration No. 16-003. Staff, in its initial study of the project, is recommending that the proposed mitigated negative declaration be approved with findings. Coastal Status: Local Coastal Program Amendment No. 16-002 is subject to review and approval by the California Coastal Commission. Consequently, the legislative amendments and development entitlements for the proposed project would not become effective until the Local Coastal Program amendment is certified by the Coastal Commission. Coastal Development Permit (CDP) No. 16-018 is appealable to the Coastal Commission. Because approval of the CDP must be found to be consistent with the certified Coastal Land Use Plan for the project site, action on the CDP cannot occur until the Coastal Commission certifies LCPA No. 16-002 and the proposed Residential Medium Density (RM) land use designation on the development portion of the project site is effective. As such, staff is recommending that action on the CDP be continued until the LCPA is certified by the Coastal Commission. Once certified, the City would hold a public hearing on the CDP and, if approved, a Notice of Final Action on CDP No. 16-018 would be forwarded to the Coastal Commission at that time. Design Review Board: Not applicable. Subdivision Committee: The Subdivision Committee reviewed the proposed subdivision and tentative map on April 25, 2017, and voted 6-0 to recommend approval of the request to the Planning Commission with modified suggested conditions of approval, which have been incorporated into the conditions of approval for Tentative Tract Map No. 18060 in Attachment No. 1. The Subdivision Committee reviewed the tentative tract map for compliance with the Subdivision Map Act and applicable provisions of the HBZSO. A copy of the minutes is provided in Attachment No. 17. Other Departments Concerns and Requirements: The Departments of Public Works, Fire, and Community Development have reviewed the project and identified a list of code requirements (Attachment No. 14) applicable to the project. In addition, the evaluation of environmental factors included in Draft Mitigated Negative Declaration No. 16-003 reflect and is based in part on consultation with the Departments of Community Services, Fire, Police, and Public Works. -528- Public Notification: Legal notice was published in the Huntington Beach Wave on June 15, 2017, and notices were sent to property owners of record and tenants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Planning Division’s Notification Matrix), applicant, and interested parties. As of June 20, 2017, no communication supporting or opposing the request has been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): • Draft Mitigated Negative Declaration; General Plan Amendment; Local Coastal Program Amendment; Zoning Map Amendment; Zoning Text Amendment; Tentative Tract Map; Coastal Development Permit; Conditional Use Permit; Development Agreement: February 21, 2017 Draft MND: Within 180 days of complete application – August 21, 2017 All others: Within 60 days of adoption of MND – October 21, 2017 The project application was submitted on September 6, 2016 and deemed complete on February 21, 2017. ANALYSIS: Land Use Amendments Background The approximately 5-acre privately-owned portion of the project site was incorporated into the City in 1970. At the time it was incorporated, both the General Plan land use and Zoning Map designations were for low density residential uses. After the Coastal Act was enacted in 1976, the City submitted a proposed Land Use Plan to the Coastal Commission for certification. At the time, large scale development that included approximately 3,000 residential units, was being considered by the County for the Bolsa Chica, including the mesa and lowland areas. In anticipation of the development, the City re-designated an area that included the project site to Open Space – Recreation (subsequently changed to Open Space – Park) on the City’s Land Use Plan, which was certified by the Coastal Commission in 1982. Then, in 1984, the City re-zoned the same area to Residential Agriculture. The Residential Agriculture zoning designation was reflective of the existing agricultural use of the site and was determined, at the time, to be consistent with the Open Space – Recreation land use designation. In 1985, the Coastal Commission certified a County Land Use Plan for that portion of the Bolsa Chica Mesa adjacent to the 8-acre area within County jurisdiction with a land use designation of low density residential. Today, the amount of development that was once contemplated for the Bolsa Chica area has been considerably scaled back in what ultimately resulted in the 349-unit Brightwater development on the Bolsa Chica Mesa with no development occurring in the lowlands. General Plan Amendment The project proposes to change the existing General Plan land use designation of the western half of the project site (2.5 acres) from Open Space – Park to Residential Medium Density. Existing General Plan land use designations surrounding the project site include Residential Low Density to the west, Residential Medium High Density to the north, Suburban Residential (County of Orange) to the south and Open Space – Conservation and Residential Low Density to the east. The Brightwater development west of the project -529- site does not have a General Plan land use designation, but is developed with single-family residential and open space/conservation uses. In terms of compatibility with surrounding land use designations, the proposed change from Open Space – Park to Residential Medium Density would be consistent with surrounding designations. Although the project site is designated Open Space – Park, the site is not currently used for a public park or public open space area. In addition, the property is not included on the City’s inventory of parks and the City’s Community Services Department does not intend to acquire the site in the future for a park or recreational use. Also, since the project site has been privately owned since it was incorporated into the City, passive use of the property by the public has never existed. Therefore, the proposed general plan amendment on 2.5 acres of the site would not result in the loss of existing park space, passive public open space or planned future park and recreational opportunities. Currently, under the Open Space – Park land use designation, the project site would be permitted to develop as a public park or public recreational facility. No other uses would be permitted and the property owner would not be able to develop any of the uses allowed under its current Residential Agriculture zoning designation. Given that the City does not intend to acquire the site for development of a public park, the property owner is not afforded the opportunity to develop the property with any development in the interest of the property owner. The proposed General Plan Amendment would also eliminate a current inconsistency between the General Plan and zoning land use designations. Zoning Map Amendment The project site is currently zoned Residential Agriculture (RA) with a Coastal Zone overlay and allows agricultural uses, single-family dwellings, nurseries and temporary uses such as storage yards. Based on the lot size, the existing zoning designation would allow up to five single-family dwellings on the property. However, as previously mentioned, none of these uses would be consistent with the current Open Space – Park land use designation. According to the HBZSO, the intent of the RA zoning district is to provide a “transition or holding zone” for properties with “current” agricultural uses. Since the property has not been used for agricultural uses in over 11 years, the RA zoning designation is no longer the appropriate zoning designation. Properties to the north, northwest and west are zoned and developed with single- and multi- family residential uses. The Shea property to the east has zoning designations for single-family residential uses as well as open space/conservation areas. The Brightwater development southwest of the project site has a Specific Plan zoning designation, but is developed with single-family residential uses and open space/conservation areas. Property to the south, known as the Goodell property, is located in the County of Orange and has a zoning designation of Planned Community (PC), which is a designation that allows single-family residential uses at a density of 6–12 units per acre. The western half (2.5 acres) of the Windward site is proposed to be designated for medium density residential development under the zoning map amendment. Therefore, the proposed zoning map amendment would be compatible with existing zoning designations surrounding the project site as well as the proposed General Plan land use designation. Local Coastal Program Amendment The project is requesting to amend the City’s certified Land Use Plan from Open Space – Park to Residential Medium Density similar to the General Plan amendment request. According to the Coastal Act, the Open Space – Park designation is considered a higher priority land use designation than a residential land use designation because the Coastal Act places higher priority on coastal recreational resources than private residential uses to ensure that coastal recreational opportunities are provided to all people. However, as discussed under the General Plan Amendment analysis, the site is not currently developed with a park or recreational resource. In addition, there is no plan for the property to be used for recreational opportunities -530- in the future. Therefore, the proposed amendment to the Land Use Plan will not result in the loss of a higher priority coastal recreational resource. Existing recreational and open space opportunities are available in the vicinity that would serve the approximately 94 potential new residents from the project. As part of the proposed residential development, approximately 8.7 acres of the 11 acres of privately owned property are proposed to be preserved as open space area. This would be a public benefit, providing passive recreational opportunities within the Bolsa Chica area. A trail system with interpretive signage and scenic overlooks is proposed for the 8.7-acre open space area in order to provide enhanced coastal access to existing coastal recreational and open space areas. In addition, the existing undeveloped 30-foot wide City-owned parcel north of the project site and the 8.7 acres of open space are proposed to be improved with a trail system that would connect to the trail system within Bolsa Chica. Although the proposed project would result in development on the Bolsa Chica Mesa, the eastern half of the project site and the existing slope adjacent to the project site would be preserved. Thus, amending the Land Use Plan would not be inconsistent with the Coastal Act in that recreational opportunities would continue to be provided for all people and the project would be contributing to the enhancement of coastal recreational resources in the area. Zoning Text Amendment The proposed zoning text amendment would establish the Windward Specific Plan for the development of the residential townhome project and dedication of open space. The Specific Plan determines the land use, zoning, development standards, and infrastructure for the site. Under the Specific Plan, the western half (2.5 acres) of the Windward site is designated for medium density residential development while the eastern half (2.5 acres) and the City-owned parcel (0.3 acre) are designated for coastal conservation (public open space). The Windward Specific Plan includes development standards for all new development within the specific plan area. The table below summarizes the proposed Windward Specific Plan development standards in comparison with the medium density residential development standards of the HBZSO. The provisions of the HBZSO will apply if they are not listed in the Specific Plan. DEVELOPMENT STANDARDS HBZSO WINDWARD SPECIFIC PLAN minimum building site 6,000 sq. ft. 2.5 acres width 60 ft. N/A minimum setbacks front side rear upper story setbacks 15 ft. 5 ft. 10 ft. average 10 ft. from second floor front façade for all stories above the second floor 15 ft. 9 ft. 13 ft. no setback from the first floor for second or third floor building separation 10 ft. 10 ft. minimum lot area per dwelling unit 2,904 sq. ft. 3,025 sq. ft. maximum lot coverage 50% 50% -531- DEVELOPMENT STANDARDS HBZSO WINDWARD SPECIFIC PLAN maximum height roof deck trellises exceptions to height limits (chimneys, cooling towers, architectural features, antennas, and similar structures and necessary mechanical appurtenances) 35 ft. N/A 10 ft. above maximum height limit 35 ft. 3 stories up to a maximum of 10 ft. above roof deck floor and meet the following criteria: − 5 ft. minimum setback from edge of roof or adjacent unit − not exceed 150 sq. ft. in area − open on three sides − lattice design only 10 ft. above maximum height limit minimum floor area 3 bedroom unit 1,100 sq. ft. None minimum open space private open space 3 bedroom unit common open space 25% of residential floor area per unit 300 sq. ft. projects 20+ units: one amenity (i.e. swimming pool, outdoor cooking facility) None 300 sq. ft. 3,800 sq. ft. (swimming pool, barbecue area, picnic area, seating area) off-street parking 3 or more bedrooms unit 2.5 spaces (1 enclosed) per unit 0.5 guest space per unit Total Spaces Required: 108 2 enclosed spaces per unit 1 unenclosed guest space per unit Total Spaces Required: 108 The Windward Specific Plan (WSP) development standards that are different from the HBZSO development standards include upper story setback, roof trellis structure, minimum floor area, minimum open space, and off-street parking. Upper Story Setback—The HBZSO requires an average setback of 10 ft. from the second floor front façade for all stories above the second floor. The WSP does not require upper story setbacks for the second or third floor, allowing for the Mid-Century Modern architectural style of the project. -532- Roof Trellis Structure—The HBZSO does not have an allowance for the roof trellis structure. The WSP allows these structures to be up to a maximum of 10 ft. above the roof deck floor with specific size and design criteria in order to offer more private open space opportunities. Minimum Floor Area—The HBZSO requires a minimum floor area of 1,100 sq. ft. for a three- bedroom unit. The WSP does not have a minimum floor area but each unit within the Windward development is at least 2,000 sq. ft. Minimum Open Space—The minimum open space area under the HBZSO is 25% of the residential floor area or an equivalent of approximately 19,210 sq. ft. for the Windward project. The WSP does not a minimum open space area. However, the Windward project is providing more than 37,000 sq. ft. of private open space (balcony, patio, roof deck). Off-Street Parking—The HBZSO requires 2.5 spaces (1 enclosed) per unit for 3 or more bedroom unit and 0.5 guest space per unit. The WSP requires 2 enclosed spaces per unit and 1 unenclosed guest space per unit. Under both the HBZSO and WSP, a total of 108 parking spaces would be required. Although there are differences in these development standards, the Windward project is designed to be similar and compatible with surrounding projects designed under the HBZSO development standards in terms of scale and character. The Specific Plan provides a comprehensive program to direct development of the residential and passive open space areas of the Windward site and City-owned parcel. As a part of the residential development of the western half of the Windward site, the eastern half is proposed to be dedicated to a government agency or a qualified non-profit organization for use as passive open space. No construction or development within the open space area is proposed. In addition, the terms of the proposed development agreement provide that the developer purchase the 6.2-acre Goodell property (undeveloped property immediately south of the Windward site located in unincorporated Orange County and zoned for medium density residential uses) and dedicate the property to a government agency or a qualified non-profit organization for passive open space purposes prior to beginning construction of the residential project. The open space portion of the Windward site is designed with a pedestrian trail which includes interpretive signage and a scenic overlook. To facilitate public access to the property and as part of the public benefit per the development agreement, a decomposed granite pedestrian trail is proposed to be installed on the City-owned property and connect the City-owned property to the Windward site open space area and ultimately to the Goodell property. Maintenance of the improvements on the City-owned property would be the responsibility of the Homeowners association of the development. Compatibility with Surrounding Uses The proposed three-story development will be consistent with other single and multi-family residential uses in the vicinity with respect to density, height, and character. Properties to the north and northwest are developed with two and three story multiple family dwellings and properties to the west are developed with two story single family dwellings. The proposed project, as designed, is an extension of the residential character of the surrounding area. The project’s density of 14.4 dwelling units per acre is consistent with the proposed land use and zoning designations as well as compatible with the allowed density of 25 dwelling units per acre of the adjacent multi-family developments to the north and northwest. In addition, the proposed project is compatible in both height and character to the adjacent residential projects to the north -533- and therefore will have no adverse impacts regarding scale and massing. The proposed project will be buffered from developments to the west by Bolsa Chica Street and to the north by a 30-foot wide City- owned parcel with at least an 80-foot building-to-building separation between the existing apartment building and the closest unit in the development. This separation includes a retaining wall (ranging from 2 ft. to 3.4 ft. high) and a 6 ft. high metal view fence on top of the retaining wall and the 30-ft. wide landscaped trail. Tentative Tract Map The proposed tentative tract map consists of one numbered lot and one lettered lot. The numbered lot is for the development of 36 for-sale townhome dwelling units and associated infrastructure. The lettered lot is for passive open space. Vehicular access to the tract is from two access drives along Bolsa Chica Street. The 28-ft. wide southern access is located across from the existing Sandover Drive. The 26-ft. wide northern access is right in/right out only due of the existing median in Bolsa Chica Street. A private non- gated street system provides access to each of the housing units. Roadways within the project are proposed to be a minimum of 24 ft. in width. Vehicular turnarounds are provided at the north and south ends of the private streets. The design of the internal streets provides adequate access for fire engines and turnaround areas. On-street guest parking is provided along the street. Four-foot wide sidewalks will be located on one side of the private streets. A homeowners association will maintain private streets, landscaping, recreation area, community walls and fences, and open space areas, including the proposed 30-foot wide landscaped access trail on the City-owned parcel and the 2.5-acre Windward open space area. The homeowners association will continue to maintain the Windward open space area until it is conveyed to a governmental agency or a qualified non-profit organization. A 13-foot wide landscaped parkway will be provided along Bolsa Chica Street designed to match the existing 13-foot wide landscaped parkway on the west side of Bolsa Chica Street. The proposed tentative tract map has been reviewed by the Fire and Public Works Departments for compliance with applicable codes and regulations. In addition, the proposed subdivision can be adequately served by existing infrastructure. As mentioned previously, the Subdivision Committee reviewed and approved the proposed tentative tract map subject to conditions of approval, which are incorporated in Attachment No. 1. Staff supports the overall access and design of the proposed tentative tract map layout because it meets the City’s standards and assists in achieving the overall design concept for the project. Environmental Impacts Draft MND No. 16-003 analyzes the potential environmental impacts associated with the project site. The analysis concludes that, with mitigation, the project would result in less than significant environmental impacts. The analysis in the environmental assessment relies on an Archaeological Resources Report, a Geotechnical Feasibility Study, a Biological Resources Assessment, a preliminary Drainage Report, a preliminary Water Quality Management Plan (WQMP), the project plans as well as other technical information compiled for the project. Cultural Resources Impacts to cultural resources were analyzed based on an Archeological Resources Report that was prepared for the project in May 2009 and April 2013. The report was peer reviewed by members of the Bolsa Chica Peer Review Committee in December 2009. The members of the peer review committee are archeologists that are selected from a list compiled by the California Coastal Commission. The peer review corroborated the conclusions of the archeological report. The project site contains portions of the archeological site CA-ORA-86. The archeological report for the project provides a description of prior investigations of the archeological site dating back to the 1920s. In -534- 2001, a research design program to investigate the presence of CA-ORA-86 on the entire project site was conducted. The 2001 investigation consisted of a multi-phased program, which included subsurface excavation. Resources from the investigation were hand excavated and documented. One small deposit was found in the southeast corner of the property on the slope edge. Geophysical investigations revealed an oval depression at the deposit site that was identified as the subterranean remains of a single structure (house pit). The subsurface remains of the structure were completely removed by hand excavation, which recovered the entire cultural deposit. No other intact deposits of CA-ORA-86 were found on the project site. The subsurface investigation indicates that the western half of the five acre parcel where development is proposed (i.e., the 2.5 acre Windward project site), is the most disturbed portion of the property, and is less likely to contain cultural resources than the eastern half, where the house pit was located. Today, study of the recovered materials is still ongoing as they are being analyzed in the context of the overall archeological sites on the Bolsa Chica Mesa. It is unlikely that any significant deposits remain on the project site. As such, impacts from development of the project site on cultural resources would be less than significant. As added precaution, mitigation measures are recommended to require archeological and Native American monitoring during site grading and construction to ensure the proper treatment, including the option of preservation in place, of any resources or human remains discovered on the project site. Biological Resources The potential for impacts from the proposed project on biological resources within and surrounding the project site was analyzed in Draft MND No. 16-003. The analysis in the environmental assessment is based on a biological resources assessment that was prepared by a qualified biologist. The City retained a separate biological firm to review the biological resources assessment, which agreed with the analysis and conclusions of the report. The biological resources assessment determined that the project site would result in potential impacts to two special status species, burrowing owls and southern Tarplant. Although these two species do not currently exist on the project site, they have the potential to occur on the site and mitigation is required to ensure that no significant impacts would occur as a result of the proposed development. The mitigation measures require surveys to determine presence of the species on the project site prior to construction- related ground disturbance. If presence of either species is determined to be on the site, further mitigation is required in accordance with established protocols for the respective species. The biological resources assessment also analyzed the project’s potential impacts to surrounding resources, specifically the ESHA east of the project site. The biological resources assessment concluded that due to several factors including the project’s design, the requirements of Chapter 221 of the HBZSO for development adjacent to an ESHA, the adaptability of raptors that use the ESHA and the project’s distance from the ESHA, impacts to the ESHA would be less than significant. In addition, the project’s drainage concept, as analyzed in the Geology and Soils and Hydrology and Water Quality sections of the environmental assessment conclude that runoff from the proposed project would not result in potentially significant impacts to the existing slope, the designated wetland on the eastern Shea property, and the beneficial use of downstream waters. Grade Differential The project site is located on the Bolsa Chica Mesa. The project site is generally flat, however, portions of the site (from the midpoint of the site to the eastern boundary) slope gradually from west to east at elevations ranging from approximately 49 feet above mean sea level (msl) to approximately 35 feet msl. The existing elevation of the area of the project site proposed to be developed with residential units ranges from approximately 52 feet msl to approximately 47 feet msl. Finished pads on the west side of the residential -535- project site, adjacent to Bolsa Chica Street, are proposed to remain relatively the same as the existing elevation. The eastern portion of the residential project site adjacent to the open space area would be raised two to four feet over existing elevations. The project would be two to three feet higher than the undeveloped property south of the project site and three to four feet higher than the 30-foot wide City-owned parcel proposed to be improved with a landscaped public access trail. The applicant is proposing 6 ft. high perimeter walls and fences on top of retaining walls ranging from 1 ft. high to 4.5 ft. high along the north, east, and south boundary of the residential project site. Although the site includes a grade differential greater than three feet, the project is designed such that the existing eastern slope would be preserved, which is consistent with the policies of the Coastal Element. In addition, the project’s drainage concept is designed such that the slope and existing resources below the slope on the Shea property to the east would not be negatively impacted from development of the residential project site, including the project’s grading design. Project Design and Site Layout The proposed development is well designed and appropriate for the subject site based on the applicable zoning, surrounding uses and the physical characteristics of the lot. The project achieves substantial conformance with the City’s Urban Design Guidelines for multi-family residential projects. Visual interest is provided along the street frontage and access road within the site with the incorporation of building projections in the facades, balconies with decorative railing, and a variety of building colors and materials. The proposed arrangement of buildings, open space, and drive aisles provide for a functional and attractive design. Decorative paving along the entry aisle and pedestrian crossings creates an inviting experience for visitors and residents while creating visual interest on the site. Buildings are arranged in clusters of two units. The project also provides usable open space and enhanced landscaping that are designed to allow sufficient access for all residents and to appeal to the sensory system. The common open spaces consist of a swimming pool, fireplace, restroom, and a variety of seating for recreation and passive activity. Furthermore, each dwelling unit is provided with private open space areas consisting of a patio, balcony, and roof deck. Staff supports the proposed project’s site layout, design, and architecture because it will result in a development that will be compatible with the physical character of the surrounding residential areas. Development Agreement Development Agreement No. 16-001 would be effective for ten years and vests the developer’s rights to construct the Windward project pursuant to the terms of the agreement. The development agreement is consistent with the Windward Specific Plan, General Plan, and Local Coastal Program land use designation for the site insofar as the proposed project is consistent with the General Plan and Local Coastal Program land use designation. As discussed in the General Plan Conformance Section of this report, the development agreement would conform with applicable goals and policies of the City’s General Plan. The development agreement provides certainty for the developer as to the land use, density, and intensity of Windward development and in exchange provides the City with benefits, including the dedication of 8.7 acres of land for passive public open space and conservation uses, improvements of the City-Owned Parcel and the Windward Open Space Parcel with trails and landscaping. In addition, the City-Owned Parcel improvements will be maintained by the Windward Homeowners Association and the Windward Open Space Parcel will be maintained by the Windward Homeowners Association until it is transferred to a governmental agency or qualified non-profit organization. Staff supports the approval of the Development Agreement due to the benefits to the City. -536- SUMMARY: Staff recommends approval of Mitigated Negative Declaration No. 16-003, General Plan Amendment No. 16-002, Zoning Map Amendment No. 16-003, Zoning Text Amendment No. 16-004, Local Coastal Program Amendment No. 16-002, Tentative Tract Map No. 18060, Conditional Use Permit No. 16-035, and Development Agreement No. 16-001 based upon the following: - The project will not result in significant adverse impacts to the environment. - The proposed land use and zoning designations will be consistent with the existing land use and zoning designations surrounding the project site. - The Local Coastal Program Amendment is consistent with the Coastal Act and the project provides for preservation and enhancement of existing coastal recreational resources and coastal access. - The Specific Plan is designed to address the comprehensive and unique development of the residential and open space areas of the project site. - The project will comply with the provisions of the Windward Specific Plan and Huntington Beach Zoning and Subdivision Ordinance. - The project will be consistent with the goals and policies of the General Plan and Coastal Act. - The development will be compatible with other residential uses surrounding the project site. - The project meets the requirements of the Subdivision Map Act and has been reviewed by the Subdivision Committee for compliance. ATTACHMENTS: 1. Suggested Findings and Conditions of Approval for Draft Mitigated Negative Declaration No. 16-003; Zoning Map Amendment No. 16-003; Zoning Text Amendment No. 16-004; Local Coastal Program Amendment No. 160-002; Tentative Tract Map No. 18060; Conditional Use Permit No. 16-035; and Development Agreement No. 16-001 2. Draft City Council Resolution No. 2017-20 for General Plan Amendment No. 16-002 3. Draft City Council Ordinance No. 4134 for Zoning Map Amendment No. 16-003 4. Draft City Council Resolution No. 2017-19 for Zoning Text Amendment No. 16-004 5. Draft City Council Resolution No. 2017-18 for Local Coastal Program Amendment No. 16-002 6. Draft City Council Ordinance No. 4135 for Development Agreement No. 16-001 7. Map of surrounding developments and resources 8. Draft Windward Specific Plan 9. Draft Development Agreement 10. Draft Mitigated Negative Declaration No. 16-003 11. Response to Comments of Draft Mitigated Negative Declaration No. 16-003 12. Site plans, floor plans and building elevations received and dated January 17, 2017 and March 24, 2017 13. Project Narrative received and dated September 6, 2016 14. Code Requirements Letter (for informational purposes only), dated February 21, 2017 15. Zoning Conformance Matrix 16. Litigation Settlement Agreement 17. Subdivision Committee Meeting Minutes SH:JV:JJ:TN:kd -537- ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL MITIGATED NEGATIVE DECLARATION NO. 16-003 GENERAL PLAN AMENDMENT NO. 16-002 ZONING MAP AMENDMENT NO. 16-003 ZONING TEXT AMENDMENT NO. 16-004 LOCAL COASTAL PROGRAM AMENDMENT NO. 16-002 TENTATIVE TRACT MAP NO. 18060 CONDITIONAL USE PERMIT NO. 16-035 DEVELOPMENT AGREEMENT NO. 16-001 SUGGESTED FINDINGS FOR APPROVAL – MITIGATED NEGATIVE DECLARATION NO. 16-003: 1. Mitigated Negative Declaration No. 16-003 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of thirty (30) days. Comments received during the comment period were considered by the Planning Commission prior to action on Mitigated Negative Declaration No. 16-003, General Plan Amendment No. 16-002, Zoning Map Amendment No. 16-003, Zoning Text Amendment No. 16-004, Local Coastal Program Amendment No. 16-002, Tentative Tract Map No. 18060, Conditional Use Permit No. 16-035, Coastal Development Permit No. 16-018, and Development Agreement No. 16-002. 2. Mitigation measures avoid or reduce the project’s effects to a point where clearly no significant effect on the environment will occur. Mitigation measures are incorporated to address impacts to biological, cultural, and tribal cultural resources. The proposed biological resources mitigation measures would ensure that impacts to two special status species, burrowing owls and southern Tarplant, with the potential to occur on the site would be less than significant. The cultural resources and tribal cultural resources mitigation measures require archeological and Native American monitoring during ground disturbing activities and construction. The mitigation measures also specify procedures if any resources or human remains are discovered during construction of the project. The project site has undergone archeological testing and excavation and it is not anticipated that intact deposits remain on the site. However, the mitigation measures would ensure that impacts would be less than significant in the unlikely event that resources are discovered during grading and construction activities. 3. There is no substantial evidence in light of the whole record before the Planning Commission that the project, as mitigated, will have a significant effect on the environment. The project consists of an amendment to the existing General Plan and zoning land use designations as well as the Coastal Land Use Plan for the subdivision of the project site and construction of 36 townhome units and associated open space, street and infrastructure improvements in the coastal zone. The project also consists of a Zoning Text Amendment to establish a Specific Plan that determines the land use, zoning, development standards, and infrastructure for the site. Potential impacts from the project are minimized to a less than significant level through the project design, standard code requirements, and the recommended mitigation measures. -538- SUGGESTED FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO. 16-003: 1. Zoning Map Amendment No. 16-003 represents a change to the Huntington Beach Zoning Map (District Map #33) to rezone the project site from Residential Agriculture – Coastal Zone Overlay (RA–CZ) to Specific Plan – Coastal Zone Overlay (SP–CZ). The proposed amendment is consistent with the goals, objectives, and land use policies of the General Plan and Local Coastal Program as identified below. The proposed change is also consistent with General Plan Amendment No. 16-002, which is being processed concurrently. The land uses in the surrounding area are consistent with the proposed change in zoning because surrounding land uses include low density residential to the west, medium high density residential uses to the north and low density and open space uses to the east. As discussed in the environmental assessment for this project, there will be appropriate infrastructure and services available to support the proposed development. The proposed zoning change would be consistent with the following General Plan Land Use Element goals, objectives and policies: Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Objective LU 9.1: Provide for the development of single- and multi-family residential neighborhoods. Policy LU 9.1.3: Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below: a. Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volumes. b. Locate the elevation of the first occupiable floor at or in proximity to the predominant grade elevation, visually screening subterranean parking facilities from the street frontage. c. Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas. d. Site and design parking areas and facilities that are integrated but do not dominate the architectural character of the structure. e. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. Policy LU 9.1.4: Require that recreational and open space amenities be incorporated in new multi- family developments and that they be accessible to and of sufficient size to be usable by all residents. The project is proposing to provide 36 multi-family residential units in an area with existing single- and multi-family residential uses. The character of the development is consistent with the existing neighborhood in size and scale of other residential structures in the vicinity. The residential units are duplex townhomes with four different floor plans, featuring three-bedrooms with attached two-car garages. The project creates visual interest along the street frontage by incorporating varied building design. Featuring a Mid-Century Modern architectural style, the project building design includes articulation and architectural details on all four sides of each duplex. The building facades contain a combination of building pop-outs and recesses to create shadow patterns and depth on wall surfaces. The architectural details on each elevation do not repeat frequently and a variety of colors and building materials are used to create differentiation in the exterior appearances. All details and materials of the -539- project are modern and stylistically consistent. A 3,800 sq. ft. recreation area, including a swimming pool, fireplace, restroom, and seating, is provided for the use of the residents at the northwest corner of the project site. The majority of the existing trees along the front property line on Bolsa Chica Street will remain and additional landscaping will be added, creating an enhanced landscaped setback that is integrated with abutting sidewalks and parkways. 2. In the case of a general land use provision, the zoning map amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The change proposed would be compatible with the uses in the vicinity, which include medium density residential uses. The project’s design and compliance with applicable code requirements would ensure that impacts to existing preserved open space areas east of the project site are minimized. 3. A community need is demonstrated for the change proposed. The change would expand opportunities for housing and address the needs of a growing population. The project will provide for enhanced coastal access through the provision of a passive open space plan, encompassing the existing undeveloped City-owned 30-foot wide parcel north of the project site, the eastern 2.5 acres of the project site, and the 6.2-acre Goodell property (undeveloped property south of the project site located in unincorporated Orange County). The open space area is designed with a pedestrian trail system which includes interpretive signage and a scenic overlook. To facilitate public access to the property, a decomposed granite pedestrian trail would be installed on the City-owned property and maintained by the project’s Homeowners Association and connect the City-owned property to the Windward site open space area and ultimately to the Goodell property. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning map amendment would provide for compatible land uses and eliminate an existing zoning designation that is no longer appropriate for the site. The zoning map amendment would result in zoning and General Plan land use designations that are consistent with one another and would allow the property to be rightfully developed. SUGGESTED FINDINGS FOR APPROVAL – ZONING TEXT AMENDMENT NO. 16-004: 1. Zoning Text Amendment No. 16-004 establishes the Windward Specific Plan for the development of the residential project and dedication of open space. The Specific Plan will be consistent with the objectives, policies, general land uses and programs specified in the City’s General Plan because it provides a comprehensive planning program for the development of residential and open space areas consistent with the existing development pattern and standards and compatible with adjacent uses in the vicinity and the environmentally sensitive Bolsa Chica area to the east and south. The Specific Plan is consistent with the General Plan goals and policies that protects coastal recreational resources and public access, require residential projects be designed to convey a high level of quality and distinctive neighborhood character. 2. In the case of general land use provisions, the proposed Specific Plan is consistent with the uses authorized in, and the standards prescribed for, the zoning district for which they are proposed. The Specific Plan contains development standards and architectural and landscape design guidelines that will apply to the residential development and open space areas that will ensure consistency with the -540- high quality architectural and landscape design of the existing developments and compatibility with residential, open space, and recreational uses in the vicinity. 3. A community need is demonstrated for the change proposed. The Windward Specific Plan will provide standards that necessary to develop high quality residential and open space uses complementing and enhancing surrounding land uses. The Windward Specific Plan includes a description of the land use, public facilities, circulation, infrastructure, development standards, and implementation measures to ensure that the property is developed in a manner consistent with the vision for the site. The Specific Plan comprehensive approach ensures the preservation of passive open space, provision of public access to coastal resources, development of compatible land uses. The Specific Plan also provides for preservation of ecological and cultural resources that will provide a public benefit to the City of Huntington Beach and surrounding communities. 4. Adoption of the Windward Specific Plan will be in conformity with public convenience, general welfare and good zoning practice in that the Specific Plan provides standards for future development that will transform the character of the project area in a beneficial way consistent with the goals of the City’s General Plan. The development standards work together to provide development and preservation that are compatible with and sensitive to the surrounding area and to development within the Specific Plan itself. The Specific Plan includes adequate provisions for utilities, services, and emergency vehicle access; and public service demands will not exceed the capacity of existing and planned systems. As analyzed in Mitigated Negative Declaration No. 16-003, the public service demands for the Specific Plan will not exceed the capacity of existing and planned systems. All public services will be adequately met by existing resources including fire, police and emergency services. Emergency access will be adequate for the Specific Plan area in that all streets within the site will be public to allow emergency vehicles access to the site. In addition, the Specific Plan area will not be gated. SUGGESTED FINDINGS FOR APPROVAL – LOCAL COASTAL PROGRAM AMENDMENT NO. 16-002: 1. Local Coastal Program Amendment No. 16-002 proposes to amend the Huntington Beach Local Coastal Program to reflect the proposed General Plan, Zoning Map and Zoning Text amendments. The amendments will allow multi-family residential uses on the subject property. Although multi- family residential is a lower priority use than recreational uses, the project site is not existing or planned for public recreational uses. The amendment would allow the property owner to develop the site and, in doing so, would contribute to the provision of enhanced coastal access and additional recreational resources through the proposed development consistent with the policies of the City’s General Plan and California Coastal Act. 2. Local Coastal Program Amendment No. 16-002 is in accordance with the policies, standards and provisions of the California Coastal Act relative to residential development, land resources and public access. The Local Coastal Program Amendment promotes the City’s Local Coastal Program goals and objectives by allowing medium density residential uses while promoting preservation of coastal views and enhancing public coastal access. -541- 3. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project proposes an 8.7-acre passive open space area that does not currently exist. The project will preserve existing public views of the slope along the eastern perimeter of the site and views from an existing 30-foot wide City-owned parcel that is proposed to be improved with development of the project site. No existing coastal access will be impacted. In fact, coastal access would be enhanced through the proposed development project associated with the amendment. SUGGESTED FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 18060: 1. Tentative Tract Map No. 18060 for the subdivision of an approximately 5-acre lot into one numbered lot for residential development for 36 townhome units and one lettered lot for open space areas is consistent with the requirements of the proposed Windward Specific Plan. The proposed subdivision is consistent with the goals, policies, and objectives of the General Plan Land Use Element and Coastal Element that govern new subdivisions and residential development. These goals and policies call for development that protects and enhances coastal resources, promotes public access and is in close proximity to other developments with adequate public services available. 2. The site is physically suitable for the type and density of development. The project site is able to accommodate the type of development proposed from a public service, circulation, and drainage perspective. The proposed subdivision will result in a density of 14.4 units per acre. The proposed density is below the allowable density of 15 units per acre of the Residential Medium Density land use designation for which the project is proposing to be designated. The proposed density would be compatible with existing surrounding developments. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The site has been previously used for farming and has served as a construction staging area for an adjacent single-family residential project. The site does not contain significant habitat for wildlife or fish. Mitigation measures require pre-construction surveys to determine the presence of special status species on the project site. If special status species are present, further mitigation is required including avoidance measures and relocation techniques in accordance with established protocols for the respective species to ensure that no significant adverse impacts would occur. Design features of the project as well as compliance with the provisions of Chapter 221 of the Huntington Beach Zoning and Subdivision Ordinance will ensure that the subdivision will not significantly impact the function and value of existing resources adjacent to the project site. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. No existing easements for the public at large will be affected by the project. The project will provide enhanced public coastal access through the improvement of an existing City-owned parcel north of the subject site and dedication of 8.7 acres of land for passive open space purposes to a government agency or a qualified non-profit. -542- SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 16-035: 1. Conditional Use Permit No. 16-035 for the development of the proposed 36 townhome units and associated infrastructure and site improvements on a site with a grade differential of greater than three (3) feet from the low to the high point will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will improve an existing vacant parcel of land. The proposed residential use is similar to those existing uses in the vicinity. Grading will be minimized by filling low areas and maintaining the natural contours of the existing terrain. The proposed grade differential to adjacent properties will not adversely impact surrounding undeveloped properties and open space areas. The resulting elevation will be the same as the adjacent elevation of Bolsa Chica Street and result in a development that is compatible with existing development west and north of the project site. Proposed improvements include enhanced landscaping, decorative paving, and quality architectural design throughout the site. Furthermore, the layout of the site improves the visual surroundings by providing efficient drive aisles for vehicular access, safe pedestrian access with decorative paving at crossings, and minimizing the visibility of parking garages and parking spaces from the street. 2. The conditional use permit will be compatible with surrounding residential and open space land uses in size and scale through setbacks, landscaping onsite parking, lot coverage, and allowable building height. The project is designed in a Mid-Century architectural style, consisting of stucco and siding exterior, varied offsets, and decorative balcony railings. Enhanced landscaping along the site perimeter and within the common recreation area will create visual interest and improve the visual image of the community. The project includes three-story buildings that are compatible with surrounding developments and proportionally relate to the overall mass and scale of the neighborhood. The proposed project is in conformance with applicable code requirements and has been designed to be compatible with existing uses in the vicinity. The project’s building scale, architecture, site layout and color palette will complement the surrounding developments. The project also incorporates an open space area to provide for protection of environmentally sensitive habitat area east of the project site. 3. The proposed project will comply with the provisions of the Windward Specific Plan and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The HBZSO requires projects proposed to be located on a site where the difference in grade is greater than three feet to obtain a conditional use permit. The project complies with the development standards in terms of minimum setbacks, minimum parking requirement, minimum open space, and maximum building height. Adequate vehicular and pedestrian circulation is provided for convenient access throughout the project. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the proposed General Plan Land Use Element designation of Residential Medium Density. In addition, it is consistent with the following goals, objectives, and policies of the General Plan: -543- A. Land Use Element Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Objective LU 9.1: Provide for the development of single- and multi-family residential neighborhoods. Policy LU 9.1.3: Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below: a. Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volumes. b. Locate the elevation of the first occupiable floor at or in proximity to the predominant grade elevation, visually screening subterranean parking facilities from the street frontage. c. Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas. d. Site and design parking areas and facilities that are integrated but do not dominate the architectural character of the structure. e. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. Policy LU 9.1.4: Require that recreational and open space amenities be incorporated in new multi- family developments and that they be accessible to and of sufficient size to be usable by all residents. The project is proposing to provide 36 multi-family residential units in an area with existing single- and multi-family residential uses. The character of the development is consistent with the existing neighborhood in size and scale of other residential structures in the vicinity. The residential units are duplex townhomes with four different floor plans, featuring three-bedrooms with attached two- car garages. The project creates visual interest along the street frontage by incorporating varied building design. Featuring a Mid-Century Modern architectural style, the project building design includes articulation and architectural details on all four sides of each duplex. The building facades contain a combination of building pop-outs and recesses to create shadow patterns and depth on wall surfaces. The architectural details on each elevation do not repeat frequently and a variety of colors and building materials are used to create differentiation in the exterior appearances. All details and materials of the project are modern and stylistically consistent. A 3,800 sq. ft. recreation area, including a swimming pool, fireplace, restroom, and seating, is provided for the use of the residents at the northwest corner of the project site. The majority of the existing trees along the front property line on Bolsa Chica Street will remain and additional landscaping will be added, creating an enhanced landscaped setback that is integrated with abutting sidewalks and parkways. -544- B. Urban Design Element Goal UD 2: Protect and enhance the City’s public coastal views and Oceanside character and screen uses that detract from the City’s character. Objective UD 2.1: Minimize visual impacts of new development on public views to the coastal corridor, including views of the sea and wetlands. Policy UD 2.1.1: Require that new development be designed to consider coastal views in its massing, height and site orientation. The proposed design of the residential project would be consistent with existing residential uses in terms of density and scale. The proposed project would result in the preservation of approximately 8.7 acres of open space. As such, the project would retain existing public coastal views from the City-owned parcel north of the project site and the eastern half of the project site. The project would also preserve the existing slope along the eastern perimeter of the project site as a scenic resource. C. Environmental Resources/Conservation Element Policy ERC 6.1.6: Ensure that post development runoff rates and velocities from a site have no significant adverse impact on downstream erosion and stream habitat. The project, including the proposed grading design, is consistent with existing policies of the General Plan Land Use Element that require developments to be compatible with the surrounding developments and properties. The proposed project, including the proposed grading concept and drainage concept, would result in a development compatible with other developments in the surrounding area while being sensitive to existing resources. SUGGESTED FINDING FOR APPROVAL – DEVELOPMENT AGREEMENT NO. 16-001 1. The development agreement is consistent with the General Plan, Local Coastal Program, and Windward Specific Plan No. 16. Development Agreement No. 16-001 provides for the construction of the Windward residential project which complies with the Windward Specific Plan development standards, the dedication of the open space area in accordance with the Settlement Agreement, and improvements and maintenance of the City-owned parcel and Windward open space parcel. The development agreement ensures the construction of the proposed project under the 10-year term. The development agreement is consistent with the following General Plan goals, policies, and objectives: A. Land Use Element Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Objective LU 9.1: Provide for the development of single- and multi-family residential neighborhoods. -545- Policy LU 9.1.3: Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below: a. Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volumes. b. Locate the elevation of the first occupiable floor at or in proximity to the predominant grade elevation, visually screening subterranean parking facilities from the street frontage. c. Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas. d. Site and design parking areas and facilities that are integrated but do not dominate the architectural character of the structure. e. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. Policy LU 9.1.4: Require that recreational and open space amenities be incorporated in new multi- family developments and that they be accessible to and of sufficient size to be usable by all residents. The project is proposing to provide 36 multi-family residential units in an area with existing single- and multi-family residential uses. The character of the development is consistent with the existing neighborhood in size and scale of other residential structures in the vicinity. The residential units are duplex townhomes with four different floor plans, featuring three-bedrooms with attached two- car garages. The project creates visual interest along the street frontage by incorporating varied building design. Featuring a Mid-Century Modern architectural style, the project building design includes articulation and architectural details on all four sides of each duplex. The building facades contain a combination of building pop-outs and recesses to create shadow patterns and depth on wall surfaces. The architectural details on each elevation do not repeat frequently and a variety of colors and building materials are used to create differentiation in the exterior appearances. All details and materials of the project are modern and stylistically consistent. A 3,800 sq. ft. recreation area, including a swimming pool, fireplace, restroom, and seating, is provided for the use of the residents at the northwest corner of the project site. The majority of the existing trees along the front property line on Bolsa Chica Street will remain and additional landscaping will be added, creating an enhanced landscaped setback that is integrated with abutting sidewalks and parkways. Implementation Program I-LU 7: Where appropriate, the City may use Development Agreements as binding implementation tools. Development Agreements are authorized by State law to enable a city to enter into a binding contract with a developer that assures the city as to the type, character, and quality of development and additional “benefits” that may be contributed and assures the developer that the necessary development permits will be issued regardless of changes in regulations. The development agreement would ensure that the project is developed in accordance with the approved Windward Specific Plan, consisting of 36 residential units and a public open space plan. The benefits of the development agreement for this project include assurances that the residential -546- project will be built and dedication of 8.7 acres of land for public access, passive recreational use, habitat enhancement, and public trails. B. Coastal Element Goal C 1: Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs. Objective C 1.1: Ensure that adverse impacts associated with coastal zone development are mitigated or minimized to the greatest extent feasible. Policy C 1.1.1: With the exception of hazardous industrial development, new development shall be encouraged to be located within, contiguous or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services, and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. Policy C 1.1.3a: The provision of public access and recreation benefits associated with private development (such as but not limited to public access ways, public bike paths, habitat restoration and enhancement, etc.) shall be phased such that the public benefit(s) are in place prior to or concurrent with the private development but not later than occupation of any private development. Policy C 1.1.5: New residential development should be sited and designed in such a manner that it maintains and enhances public access to the coast. b. provide non-automobile circulation such as bike trails and pedestrian walkways within the development d. provide for the recreational needs of new residents through local park acquisition or on- site recreational facilities to assure that recreational needs of new residents will not overload nearby coastal recreation areas Goal C 2: Provide coastal resources access opportunities for the public where feasible and in accordance with the California Coastal Act requirements. Policy C 2.4.7: The streets of new residential subdivisions between the sea and the first public road shall be constructed and maintained as open to the general public for vehicular, bicycle, and pedestrian access. General public parking shall be provided on all streets throughout the entire subdivision. Private entrance gates and private streets shall be prohibited. All public entry controls (e.g. gates, gate/guard houses, guards, signage, etc.) and restrictions on use by the general public (e.g. preferential parking districts, resident-only parking periods/permits, etc.) associated with any streets or parking areas shall be prohibited. Goal C 4: Preserve and, where feasible, enhance and restore the aesthetic resources of the City’s coastal zone, including natural areas, beaches, harbors, bluffs and significant public views. The project is proposing a passive open space plan as part of the Windward development, encompassing the existing undeveloped City-owned 30-foot wide parcel north of the project site, -547- the eastern 2.5 acres of the project site, and the 6.2-acre Goodell property (undeveloped property south of the project site located in unincorporated Orange County). The open space area is designed with a pedestrian trail system which includes interpretive signage and a scenic overlook. To facilitate public access to the property, a decomposed granite pedestrian trail would be installed on the City-owned property and connect the City-owned property to the Windward site open space area and ultimately to the Goodell property. The plan is to initially create a trail loop that starts at the southeast corner of Bolsa Chica Street and Los Patos Avenue, extends easterly through the City-owned property, which is proposed to be improved with a decomposed granite trail and landscaping, then turning southerly across the Windward site, and then turning westerly to intersect back at Bolsa Chica Street. The trail will be located at the highest elevation of the project site providing an opportunity for a scenic overlook node offering trail users unobstructed views of Saddleback Mountain in south Orange County. The trail would feature interpretive signage that would provide users with information regarding the property’s rich history. Ultimately, the trail system could be extended onto the Goodell property to create a network of trails that provide users with a variety of experiences. In addition to the open space areas, a 3,800 sq. ft. open space is proposed within the development to provide a recreational area for new residents to ensure that the new residents would not overload existing coastal recreation areas. The project does not propose entry gates or other entry or parking restrictions. Access to the street and on-street parking would be available to the general public. The project is in close proximity to similar developments, is consistent with the existing land use pattern in the area, and can be accommodated by existing infrastructure. Although the proposed project would result in development on the Bolsa Chica Mesa, the existing slope adjacent to the project site would be preserved in that no construction would occur other than minimal landscaping. In addition, the proposed drainage system would further protect the slope from potential impacts from runoff and erosion. Environmental impacts from the proposed project were analyzed in Draft MND No. 16-003. Potential impacts have either been minimized through the project’s design or can be mitigated so that all impacts would be less than significant. C. Urban Design Element Goal UD 2: Protect and enhance the City’s public coastal views and Oceanside character and screen any uses that detract from the City’s character. Objective UD 2.1: Minimize visual impacts of new development on public views to the coastal corridor, including views of the sea and wetlands. Policy UD 2.1.1: Require that new development be designed to consider coastal views in its massing, height and site orientation. The proposed design of the residential project would be consistent with existing residential uses in terms of density and scale. The proposed project would result in the preservation of approximately 8.7 acres of open space. As such, the project would retain existing public coastal views from the City-owned parcel north of the project site and the eastern half of the project site. The project would also preserve the existing slope along the eastern perimeter of the project site as a scenic resource. -548- D. Recreation and Community Services Element Goal RCS 2: Provide adequately sized and located active and passive parklands to meet the recreational needs of existing and future residents, and to preserve natural resources within the City of Huntington Beach and its sphere of influence. Policy RCS 2.1.5: Provide for the inclusion of recreational trails in new developments which link with the existing or planned trails. Although the project is proposing to amend the existing land use designation from Open Space – Park to Residential Medium Density for the western 2.5 acres of the project site, the project would be providing for additional recreational opportunities. The project is proposing an approximately 3,800 square foot (0.09 acre) common open space area to provide a recreational amenity for the residents of the project. The project is also required to pay park in-lieu fees as required by the HBZSO to contribute to future recreational opportunities. The project is proposing to improve an existing 30-foot wide City-owned parcel located immediately north of the project site with a decomposed granite trail with native landscaping that would provide access from Bolsa Chica Street to the project site open space area. The proposed Specific Plan and Development Agreement would ensure the preservation of 8.7 acres of open space and the expansion of passive recreational opportunities within the Bolsa Chica area. Designed with interpretive signage and scenic overlooks, a trail system is proposed for the open space area to provide public access to the recreational resource. In this respect, the project would further recreational opportunities in the Bolsa Chica area. SUGGESTED MITIGATION MEASURES FOR ENVIRONMENTAL CONCERNS: 1. Prior to any development, the Applicant shall retain a City-approved Archaeologist who meets the Secretary of Interior Standards for both Archaeology and History. An Archaeological Mitigation and Monitoring Plan (AMMP) shall be developed prior to initiating construction to outline “controlled archaeological grading methods,” which has been shown to be an effective investigative method for locating previously unknown resources on Bolsa Chica Mesa. The plan shall include protocol for the mitigation of cultural resources through a research design and recovery/preservation plan, including significance testing of inadvertent archaeological finds; lab analysis, curatorial requirements, and reporting requirements; and identification of an acceptable repository for all recovered material with curatorial fees being paid by the Applicant. (Mitigation Measure) 2. In accordance with CR-1 and the AMMP, controlled archaeological grading shall occur across the entire Windward project site prior to the issuance of a grading permit for residential development of the project site. Archaeological grading shall consist of using mechanized equipment where the plowzone is removed in approximate 2 centimeter depth increments by a mechanical scraper, as part of the controlled grading effort and under the supervision of the archaeological site supervisor. The grading process shall be limited to slow excavation in small horizontal areas providing ultimate control. The archaeologist(s) and Native American Monitor(s) shall examine the soils as they are exposed. Previous investigation have shown that once below the plowzone, soils consist of: 1) basal midden remnants (beige-yellow in color) or 2) Pleistocene terrace deposits (red in color). Culturally- sterile Pleistocene terrace deposits are shallow at this location, reached at a maximum depth of 150cm -549- below the surface. The entire process shall be monitored by both Gabrielino and Juaneno Native American monitors. Monitoring will occur with at least one archaeologist and one Native American monitor per equipment array that is operating. (Mitigation Measure) 3. All construction personnel shall be instructed to stop work on the project site in the event of a potential find, until the archaeologist and Native Monitors have been able to assess the significance of the find and implement appropriate measures as outlined in the AMMP to protect or scientifically remove the find. Construction personnel shall also be instructed that unauthorized collection of cultural resources is prohibited by law. If archaeological resources are discovered during ground-disturbing activities, the archaeologist has the authority to cease all earthwork in the immediate area of the finds (within 50 feet) until the find can be evaluated for significance. (Mitigation Measure) In the absence of a determination, all archaeological resources shall be considered significant. If the resource is determined to be significant, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. (Mitigation Measure) 4. In the event cultural resources are exposed in any overlying basal midden remnants during the controlled archaeological grading, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. Specific protocol for uncovering the resource and analyzing its significance will be detailed within this plan. The protocol shall establish procedures for various types of archaeological resources that may be discovered. Because of their cultural significance, however, if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or religious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. (Mitigation Measure) 5. If human remains are discovered during construction or any earth-moving activities, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric, the Coroner must notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site and may recommend or deny scientific removal and nondestructive analysis of human remains. If the human remains are determined to be in situ, i.e., they have not been moved or relocated to the site of discovery, the preservation methods in CR-4 shall apply. (Mitigation Measure) 6. Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the City that a City-approved paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre-grade conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. (Mitigation Measure) -550- 7. Prior to construction-related ground disturbing activity, a qualified biologist shall survey the project site for presence of Southern tarplant during the appropriate blooming period, May – November. If feasible, the survey shall be conducted during the peak blooming period for the year. Any substantial occurrence (at least 500 mature individuals) shall be preserved on-site or relocated to open space areas in the Bolsa Chica area. If relocation is required, a Southern tarplant relocation program shall be prepared by a qualified biologist and implemented prior to the onset of construction. (Mitigation Measure) 8. Prior to construction-related ground disturbing activity, focused burrowing owl surveys shall be conducted in accordance with the CBOC and California Department of Fish and Wildlife (CDFW) established protocols on the project site. If no occupied burrows are found, the methods and findings of the surveys shall be reported to the City and CDFW for review and approval and no further mitigation would be required. If unoccupied burrows are found during the nonbreeding season, the burrows shall be collapsed or otherwise obstructed to prevent owls from entering and nesting in the burrows. If occupied burrows are found, a buffer of 165 feet (during the nonbreeding season of September 1 through January 31) or 250 feet (during the breeding season of February 1 through August 31) shall be provided. The buffer area may be adjusted based on recommendations by a qualified biologist in consultation with the CDFW. No activity shall occur within the buffer area until a qualified biologist confirms that the burrow is no longer occupied. If the burrow is occupied by a nesting pair, a minimum of 6.5 acres of foraging habitat contiguous to the burrow shall be maintained until the breeding season is over. The 6.5 acres would consist of the five acres of the project site as well as the adjacent 6.2 acre Goodell property. The western portion of the Shea property is designated as permanent open space providing an additional 19 acres of foraging habitat. If avoidance of an occupied burrow is not feasible, on-site passive relocation techniques approved by the CDFW shall be used to encourage the owls to move to an alternative borrow outside of the impact area. However, no occupied burrows shall be disturbed during the nesting season unless a qualified biologist verifies through noninvasive methods that juveniles from the occupied burrows are foraging independently and are capable of independent survival. (Mitigation Measure) SUGGESTED CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP NO. 18060: 1. The Tentative Tract Map No. 18060 received and dated March 17, 2017, shall be the approved layout. 2. The final map for Tentative Tract Map No. 18060 shall not be approved by the City Council until General Plan Amendment No. 16-002, Zoning Map Amendment No. 16-003, Zoning Text Amendment No. 16-004 are approved and in effect, and Local Coastal Program Amendment No. 16- 002 has been approved by the California Coastal Commission for the Implementation Plan. -551- 3. All street lighting, exterior residential lighting and recreational lighting adjacent to resource protection areas shall minimize impacts to wildlife within resource protection areas. 4. A Domestic Animal Control Plan shall be prepared that details methods to be used to prevent pets from entering any resource protection areas, including but not limited to, appropriate fencing and barrier plantings. 5. A Pesticide Management Plan shall be prepared that, at a minimum, prohibits the use of rodenticides, and restricts the use of pesticides and herbicides in outdoor areas, except Vector Control conducted by the City, County, or Special District. 6. Protective fencing or barriers shall be installed and maintained between the resource protection areas and areas developed for homes or recreational use for the purpose of minimizing human and domestic animal presence in resource protection areas, including restored and preserved wetland and ESHA buffer areas. Visual impacts created from any walls or barriers adjacent to open space conservation and passive recreational use areas shall be minimized through measures such as open fencing/wall design, landscape screening, use of undulating or off-set wall features, etc. 7. At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Departments of Community Development, Public Works, Fire and City Attorney’s office for review and approval. The CC&Rs shall include the following: City Landscape Lot a. Provide for maintenance, repair and replacement by the Windward Homeowners Association (HOA) for all common area landscaping, irrigation, drainage facilities, water quality BMP’s, and all private service utilities in the City Landscape Lot adjacent to and north of the Windward project site. b. The Windward Homeowners Association shall execute a Landscape Maintenance Agreement with the City for the continuing maintenance (including but not limited to: landscaping, decomposed granite trail, interpretive signage, open space trail fencing and bench seating) and liability of all landscaping, irrigation, water quality and drainage features associated with the proposed Public Open Space Areas indicated as “City Landscape Lot” on Tentative Tract Map 18060. The agreement shall describe all aspect of maintenance such as removal of trash, debris and silt buildup, removal/replacement of dead, damaged lawn (and any other plantings) resulting from public use of the trail system or any other aspect of maintenance, repair, replacement, liability, and fees imposed by the City. The Landscape Maintenance Agreement shall be referenced in the CC&Rs. Open Space Parcel c. Provide for maintenance, repair and replacement by the Windward Homeowners Association for all common area landscaping, irrigation, drainage facilities, water quality BMP’s, and all private service utilities in the Open Space Parcel (2.5 acres) as identified on Tentative Tract Map No. 18060 for the Windward project site. -552- d. The Windward Homeowners Association shall execute a Landscape Maintenance Agreement with the City for the continuing maintenance (including but not limited to: landscaping, decomposed granite trail, interpretive signage, open space trail fencing and bench seating) and liability of all landscaping, irrigation, water quality and drainage features associated with the proposed Public Open Space Areas indicated as “Open Space” (2.5 acres) on Tentative Tract Map No. 18060. The agreement shall describe all aspects of maintenance such as removal of trash, debris and silt buildup, removal/replacement of dead, damaged lawn (and any other plantings) resulting from public use of the trail system or any other aspect of maintenance, repair, replacement, liability, and fees imposed by the City. The Landscape Maintenance Agreement shall be referenced in the CC&Rs. e. The maintenance, repair, replacement in the subject open space area and the LMA execution (stated in Items “c” and “d” above) shall be the responsibility of the HOA until such time the subject Open Space parcel is transferred to a governmental agency or to a qualified non-profit organization. 8. Prior to issuance of a grading permit and at least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Planning and Building Department. 9. Prior to issuance of building permits, an Affordable Housing In-Lieu Fee in the amount of $1,883,196 shall be paid to the City of Huntington Beach in accordance with the HBZSO and Windward Specific Plan. 10. Tentative Tract Map No. 18060 shall not become effective until General Plan Amendment No. 16- 002, Zoning Map Amendment No. 16-004, Zoning Text Amendment No. 16-004, and Local Coastal Program Amendment No. 16-002 have been approved by the City Council and certified by the California Coastal Commission, and are in effect. 11. Comply with all applicable Conditional Use Permit No. 16-035 and Coastal Development Permit No. 16-018 conditions of approval. 12. Comply with all mitigation measures adopted for the project in conjunction with Mitigated Negative Declaration No. 16-003. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 16-035/ DEVELOPMENT AGREEMENT NO. 16-001: 1. The site plan, floor plans, and elevations received and dated January 17, 2017 and March 24, 2017 shall be the conceptually approved design. -553- 2. Conditional Use Permit No. 16-035, Coastal Development Permit No. 16-018, and Development Agreement No. 16-001 shall not become effective until General Plan Amendment No. 16-002, Zoning Map Amendment No. 16-004, Zoning Text Amendment No. 16-004, and Local Coastal Program Amendment No. 16-002 have been approved by the City Council and certified by the California Coastal Commission, and are in effect. 3. The project shall comply with all mitigation measures adopted in conjunction with Draft Mitigated Negative Declaration No. 16-003. 4. At least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Community Development Department. 5. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. Submit three (3) copies of the approved site plan and the processing fee to the Community Development Department for addressing of the new buildings/units. 6. Prior to issuance of building permits, the following shall be completed: a. Block wall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Community Development Department. Double walls shall be avoided to the greatest extent feasible. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls located on the subject property. Any removal of walls on private residential property and construction of new common walls shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. b. Contact the United States Postal Service for approval of mailbox location(s). c. An interim parking and building materials storage plan shall be submitted to the Community Development Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. -554- 7. Prior to occupancy of the first residence, the following requirements shall be completed: a. The 30-foot wide City-owned parcel north of the project site and the 2.5-acre Windward open space parcel shall be improved with a landscaping and access trail. The applicant shall include language in the CC&Rs for the project that the trail shall remain open for public access and will not be closed off for the exclusive use of the residents of the proposed development. b. Signs identifying the public access and public use areas shall be provided. 8. Plans for the coastal access trail shall be submitted to the City of Huntington Beach concurrent with the project’s plan check submittal. The plans for the trail shall include signage indicating public access and shall provide informational details about the entire coastal access path including length of the entire path to the Bolsa Chica Wetlands and nature of the terrain beyond the landscaped trail. 9. The developer shall design and improve, and the Windward Homeowners Association (HOA) shall maintain the linear open space along the north property line to the City of Huntington Beach design and maintenance standards for landscaped areas. 10. Prior to final inspection of the first residential unit, with exception of the model homes, the following requirements shall be completed: a. Landscape plans shall be prepared that prohibits the planting, naturalization or persistence of invasive plants, and encourages low-water plants, and plants primarily native to coastal Orange County. The plans shall be reviewed and approved by the City of Huntington Beach. b. Covenants, Conditions and Restrictions (CC&Rs) in a form approved by the Office of the City Attorney shall be recorded. The CC&Rs shall be binding on each of the lots, shall run with the land affected by the subdivision and shall be included or incorporated by reference in every deed transferring one or more lots in the subdivision. c. In order to ensure the continuance of habitat value and function of the adjacent designated Environmentally Sensitive Habitat Areas, the project applicant shall provide any buyer of a housing unit within the project an information packet that explains the sensitivity of the natural habitats adjacent to the project site and the need to minimize impacts on the designated resource protection areas, and the prohibition on landscaping that includes exotic invasive plant species on lots that are directly adjacent to a resource protection area. The information packet shall include a copy of the Domestic Animal Control Plan and Pest Management Plan and be required for all sales of housing units pursuant to the CC&Rs. The project applicant shall provide the City with a copy of the information packet. d. Walls, fences, gates and boundary treatments shall use wood, wrought iron, frosted or partially- frosted glass or other visually permeable barriers that are designed to prevent creation of bird strike hazard. Clear glass or plexiglass shall not be installed unless appliques (e.g. stickers/decals) designed to reduce bird-strike by reducing reflectivity and transparency are also used. 11. Signage shall be reviewed under separate permits and applicable processing. -555- 12. The applicant and/or applicant’s representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 13. The Development Services Departments (Fire, Community Development, and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. 14. Incorporating sustainable or “green” building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategoryID=19) or Build It Green’s Green Building Guidelines and Rating Systems (http://www.builditgreen.org/green-building-guidelines-rating). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney’s fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. -556- -557- -558- -559- -560- -561- -562- -563- -564- -565- -566- -567- -568- -569- -570- -571- -572- -573- -574- -575- -576- -577- -578- -579- -580- -581- -582- -583- -584- -585- -586- -587- -588- -589- ZONING CONFORMANCE MATRIX DEVELOPMENT STANDARDS WINDWARD SPECIFIC PLAN PROPOSED PROJECT minimum site area 2.5 acres 2.5 acres minimum setbacks front (Bolsa Chica Street) side (open space lot) rear (open space lot) upper story setbacks 15 ft. 9 ft. 13 ft. no setback required from the first floor for second or third floor 15 ft. 9 ft. (south), 9.7 ft. (north) 13.7 ft. no setback minimum distance between buildings 10 ft. 10.17 ft. maximum building height exceptions to building height limits roof deck trellises 35 ft. 3 stories 10 ft. max above height limit (roof equipment, including elevators) up to a maximum of 10 ft. above roof deck floor and meet the following criteria: − 5 ft. minimum setback from edge of roof or adjacent unit − not exceed 150 sq. ft. in area − open on three sides − lattice design only 34.25 ft. 3 stories 4.5 ft. above 34.25 ft. (elevator) not proposed at this time— owner could add later maximum lot coverage 50% 29% minimum open space private open space (3 bedroom unit) common open space 300 sq. ft. (roof deck, ground floor open space, private balconies) 3,800 sq. ft. (swimming pool, bbq area, picnic area, seating area) minimum 829 sq. ft. of private open space 3,800 sq. ft. (swimming pool, bbq area, picnic area, seating area) off-street parking 3 or more bedrooms 2 enclosed spaces per unit 1 unenclosed guest space per unit 72 enclosed spaces (2 spaces per unit) 37 unenclosed spaces (1 spaces per unit) -590- -591- -592- -593- -594- -595- -596- -597- SUBDIVISION COMMITTEE MINUTES April 25, 2017 Lower Level, Room B-8 4:00 P.M. Subdivision Committee Planning Commissioners Present: − Bill Crowe, Planning Commission Representative − John Scandura, Planning Commission Representative − Pat Garcia, Planning Commission Representative Subdivision Committee Staff Members Present: − Jane James, Community Development − Steve Bogart, Public Works − Bill Reardon, Fire Staff Present: − Tess Nguyen, Project Planner Applicant Present: − Ed Mountford, Signal Landmark − Vicky Ito, Stantec (Engineer) TENTATIVE TRACT MAP NO. 18060 (WINDWARD RESIDENTIAL DEVELOPMENT) APPLICANT/ SUBDIVIDER: Ed Mountford, Signal Landmark, 27271 Las Ramblas, Suite 100, Mission Viejo, CA 92691 ENGINEER: Vicky Ito, Stantec, 38 Technology Drive, Suite 100, Irvine, CA 92618 REQUEST: To subdivide an approximately 5-acre lot into one numbered lot and one lettered lot. The numbered lot is for the development of 36 for-sale townhome dwelling units and associated infrastructure. The lettered lot is for passive open space. MEETING: Meeting was called to order. Tess Nguyen, project planner, gave a brief overview of the project. -598- SUBDIVISION COMMITTEE MEMBER COMMENTS: Committee Member Scandura asked questions regarding the following: soil gas testing for the site, cultural resources at the site, consultation with California Native American tribes, dedication of passive open space, location and use of the City-owned property, location and use of Shea property to the east of the project site, maintenance of landscaping and trails of the Windward and Goodell sites, annexation of Goodell property, and timing of the public hearing for the project. Committee Member Crowe asked questions regarding the following: soil testing for the site, entering and exiting traffic from the site and the need for a left-turn pocket, preservation of mature trees onsite, availability of street parking along Bolsa Chica Street, vesting tentative map, and dedication of passive open space. He also suggested a change to suggested condition of approval #5 to add the Special District to the list of agencies. Public Works Comments: Committee Member Bogart identified the dedication are incorporated into the plans. Fire Department Comments: Committee Member Reardon indicated that code requirements are standard for the project. Community Development Comments: Committee Member James inquired about the following: requirement of park in-lieu fees and development impact fees for the project, inclusion of the domestic animal control plan, pesticide management plan, and street lighting plan in the CC&Rs for the project, final approval of the tentative tract map in relation to other legislative entitlements, role of the Coastal Commission in project approval, and requirement of fire sprinklers for residential units. Developer Comments: The applicant answered questions from the committee. A MOTION WAS MADE BY COMMITTEE MEMBER SCANDURA, SECONDED BY COMMITTEE MEMBER CROWE, TO RECOMMEND APPROVAL OF THE TENTATIVE TRACT MAP NO. 18060 WITH THE FOLLOWING SUGGESTED CONDITIONS AND FORWARD TO THE PLANNING COMMISSION. (6-0). RECOMMENDED CONDITIONS: SUGGESTED CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP NO. 18060: 1. The Tentative Tract Map No. 18060 received and dated January 17, 2017, shall be the approved layout except as amended per the conditions stated herein. 2. The final map for Tentative Tract Map No. 18060 shall not be approved by the City Council until General Plan Amendment No. 16-002, Zoning Map Amendment No. 16-003, Zoning Text Amendment No. 16-004 are approved and in effect, and Local Coastal Program Amendment -599- No. 16-002 has been approved by the California Coastal Commission for the Implementation Plan. 3. All street lighting, exterior residential lighting and recreational lighting adjacent to resource protection areas shall minimize impacts to wildlife within resource protection areas. 4. A Domestic Animal Control Plan shall be prepared that details methods to be used to prevent pets from entering any resource protection areas, including but not limited to, appropriate fencing and barrier plantings. 5. A Pesticide Management Plan shall be prepared that, at a minimum, prohibits the use of rodenticides, and restricts the use of pesticides and herbicides in outdoor areas, except Vector Control conducted by the City, County, or Special District. 6. Protective fencing or barriers shall be installed and maintained between the resource protection areas and areas developed for homes or recreational use for the purpose of minimizing human and domestic animal presence in resource protection areas, including restored and preserved wetland and ESHA buffer areas. Visual impacts created from any walls or barriers adjacent to open space conservation and passive recreational use areas shall be minimized through measures such as open fencing/wall design, landscape screening, use of undulating or off-set wall features, etc. 7. Prior to issuance of a grading permit and at least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Planning and Building Department. 8. Prior to issuance of Building Permits, an Affordable Housing Agreement in accordance with the Affordable Housing Program shall be submitted to the Community Development for review and approval by the City Attorney, and accepted by the City Council. Said agreement shall be recorded with the Orange County Recorder’s Office prior to issuance of the first building permit for the tract. 9. Comply with all applicable Conditional Use Permit No. 16-035 and Coastal Development Permit No. 16-018 conditions of approval. 10. Comply with all mitigation measures adopted for the project in conjunction with MND No. 16-003. -600- EET INDEX SHEET &ES, 1.4.1-42eZ . CO. PEET ve, en. EA. : cr OCEEPEAL ILO eLmoro ASO! Moder..o EOM. Design Development Package For: WINDWA Huntington Beach, CA Tract Number — 18060, 36 Single—FamiFy, Detached Condominiums CONSULTANT TEAM ARO-IFTE ICE CVL IESV-NSE. 411100:Eit •EarSzli EEO 6ria,15 Fiapp..150.5 CA Emu 111+1.1.001.111e• 1....141111.114.6. COPAL, 14.81.1.remen• rejea..N.00po ik 04=9,1 U=17; {Si L. 1.41) Scnal Liond-ricirK 27271 Las Romblos, #100 Mission Viejo, CA 92691 cii.nt Can tact: Mr. Ed Mountford (949) 351-3334 € .r•S — ca € lr.o-r. may Le fli- — E -o u 113 € 03 —I 0 co 2 .09 cr) CURRENT SU DATE 71-20-r7 CttEtMt1;4 ONIMIEGIONE.111AE ItOLIIPLEN :1 INEEMEN. hOIVIMEI teem • o W OE O. ORO CH. n O ce JO € E. 10 N EE RACE MN M P.M K. WE RAM PlAi heSs RCM RA,. RACE ele.soCk ha • E rma. e n orm. La E.o.m. mecca E.O.M.... • Elmo. Ye E r.Anocsmovalmo cach coLos 1..ro 4.. caam 1.,RE + • CO-Go MEE , ac.reecl.4.112..sle OWL" sumo oar I.Ferentemo Oval. Lot rEetembEDE. CO.P.117 LOCTOMIEMAIMP MEW Ler nwremasna E IEJAETEICIIIA. Kaman el.l.eflaenEELOO ROM meows camps blilikeecercer. COI.L.OFEELOVOLAY TN. — 2 0 1 4 0 4 9 C OVE R .71, raka_a_ :Tau, n ASI -601- VVindward Recreation Area _ (Approx. 3,800 S.F.) 111=71tir _ Windward Residential - Development Existing Sandover Development I ORM\ JaIAN 2011 Architectural Site Plan • 0 r • rim NORTI-I SCALE, r=30-0' Windward Specific Plan City of Huntington Beach -602- BOL$A CHICA STREET t,r...1,rn.wer,rro•pm. norro 1/1,111 r He Pi 1, ti; 6 -603- it BIM alliNAFIY 17.. or Jo WI SLAM LF 1C it NEM7 Lr. DEEINEI. 1.97 - PLOA7MAILL LISLC - KW. 1.7413 AtiP4 C37.77 R 99775 - KCCEELI I SPACE it I. IE Wit O.FT 1.011741 PAM RPA.IM F51 it 17771F41., MITLEC WE WO larLir LIE MU MIT MLIEW OF M. FlOd .7.10 721.- SFE. 7.07 r-E mom& 7:111:0 ELI IH1.177 it Tr. D. R-21:11 MEW. OLISTL OM Ill Of 7.,17 ,0 IMAM RR TEASER LEGAL DESCRIPTION WOMP 117.• .1517., OF INTL AMU it 204MirO WINDWARD SIGNAL LANDMARK 027? OS AWL. SET iS 11153101 1E. CR 5.fil 07F77. lilikTP177 AMPAMPEA ton- GRAN= MALE f it lit -NUT liMEOG RA F3,-X-Lt: lANCT We 11,5. 1.0-1.11 WM WALT MD at,?, SCOW NM. trw MET OF 01.Eit UT IL itLTA TE 3177.71:43 W. AL A10.174117 itMM. 741.....1 177 107,97.7. • WM ELM W LAM 116e me.= me. NH WM MOS .17 fitnTiLLO it on WM • 1,4 1.08 it PPE 71775 MI 12 PIO TVRE FAT.:17 CC, on it AL NA. 7117.1E7 i 0016.11.7 RM. MR EC. CLREI C.11937 717.1. ROM77, 1.71E an it 14.196FIN OE7174, DOOM Cr CAME buxom, motm 717710. PitEo 1T.T LIM SEM4 SMIME. IVA M. Or it 14:10.17I Won CIF =MN it Fox; itit Nur, I IT WOO It 7::157 [7.7.. Stow it it Wokefi ME SI. MX it IF MOLLMILIS OM. MVOS OF ON. COMIT. 07, MM. OW ASKIN itF17.4 CHCL Or17071. TO I. F.IX it MEET MUMS IN TRW MR 15.7. ION mt.-. EIBTIC EAPE604FE TO BE PaNEOPM MESS 01 caincr WM PROPOSE0 IIRMBIDITS 1.01.51 NEFAFLo '3 IA Stantec 17.E.0111, 5,773.7.77:* VW. urn sour / TECHNICAL srrE PLAN - Er -604- DINiNG irnmmi LIVNG oda 6 we-1, DININEG SMING r LI KfICHEN GARAGE GARAGE 11•11M- OFFICE LAING BALCONY BALCONY f 1----- - 27-4 42. JP!' 3 SA RAN 2 PLAN 1 PLAN 2 FIRSI FLOOR FLAN PLik2 3715.S.F. RAN I 2:45F- SECOND FLOCR PLAN PiJilf2 TN S.F. /17id I 21725;. 2135S.F. F ANPU EDCHE PA7C1.11 1 - ECTS. srep.a..2,70 H N ,i ...--mr-717.117. ------------ —,'-",,, WIN DWAR D HUNTINGTON BEACH, CA PLAN 1/2 DUPLEX SIGNAL LANDMARK 27271 LAS R.A.MBLA.S. SIE •1 GO 6.112.510r. v1F.110, CA .926.41 9.9.3.18 ,3162 1 • 1 -605- ROOF ROOF DECK DECK reef n..7 G.111704 1---- 3 ,c. r ="1 ROOF r ="1 I 007 ACCIXS ROOF II. FIANNC>UCHE ARCHITECTS 5,119 ;261-2020 Ilk '''"....X7.71.1 .4:. WIN DWAR D PLAN 1/2 DUPLEX HUNTINGTON BEACH, CA SIGNAL LANDMARK 27271 LAS RAPABLAS. STE -6-1C0 •656106, WEJO. CA 92091 949-3+18-al 62 1.2 PLAN 2 PLAN 1 PLAN 2 N1 THIRD FLOOR PLAN 7092 9615.T, 94253- ROOF PtAN 570612 733 14.411 1171S.F. -606- GaRAGE GARAGE FIRST FIOOR RAN Ftfti -17S SS. EINt 3781.E. [IOW LAIT 2321 S.F. 208/ S.F. PLAN 2x SECOND FLOOR PLAN RP Al 21 71.4 PLAN 4L 7E12 SI. IF HANINICAUG HE -6,--..-nn-% ILL =.74,---,-2z,Lcz--------....-7.- WIN DWAR D HUNTINGTON BEACH, CA PLAN 1 X/2X DUPLEX SIGNAL LANDMAR K 27271 LAS RAIMP.LAI. Sir •1-00 MISSION vIEJC... CA 92691 449-34H-6 162' 1.3 -607- PLAN Zc PLAN Tx itono FLOOR PLAN RAH Et 969 21-. MVO SOIL IL ROOF ROOF DECK 731 DECK 701 ROOF TO7 ICCE xypis Iser I Sr Dna ADJ. ROOF 23, ROOF PLArN PUN 2x 11711627 9312.F. PU6117 7011.5. PLAN lx 1101 1—LAJNINIC4JC.H E 61701.671ECTS WI N DWARD PLAN 1 X/2X DUPLEX HUNTINGTON BEACH, CA SIGNAL LANDMARK 27211 L4S rzamiat.as. STE 71. 1017 MISSIC6111E.10. CP. 92691 969-.146-59 62 1.4 -608- PLAN 3 PLAN 4 PLAN 3 PLAN 4 FIRST FLOOR PLAN PAH 3 36325. 3,H4 SECOND FLOOR PLAN 703g 3 7933S, 4.43,1 7413.1. [ EOTAL F013- EACH LEM I 2122-S.E. 27075_9. Ili. HA MN CD UCH E k "MGM e.0 IS -.5=----- .7.77.7.1.,...?;!.........77..,n., WINDWAR D HUNTINGTON BEACH, CA PLAN 3/4 DUPLEX 19.1 SIGNAL LANDMARK 27271 SSSSOU 1,[15.91C.- VIEJO. -CA 92691 69.4-3.96-6162 1.5 -609- ROOF G4IF rr.===1 IL 11 ROOF CPT. TRELLIS LS AIL FOR ALL PLANS MASTER BEDROOM MASTER BEDROOM II I I I I I I 1===== II I I ---L.I .-----, 1 I I DECK DECK ROOF ROOF PL4/.1 3 RAN I PLAN 3 PUN 4 11-1AD FLOOR PLAN R4A 3 .55.T. PLR:, 55551. 1200P PLAN RAN 4 5. S,4. PLAN 3/4 DUPLEX SIGNAL LANDMARK 21271 LAS RANIEAAS.. STE • MO SfitiSgDIN SILT° CA 92.54 9.....54111-131a2 II-IANNQUICHE ARCHITECTS ;(37,7 neciumc, f WI N DWAR D H U NM N GTON BEACH. CA 1.6 -610- ;ru-MR=1,2 STUCCO METAL FRAMED GLASsaoaraG MAME VENDA PLA/N METAL GATtAGE CCM Thki PLAN h..£1AL GA,air,E occa PiAN 2 FPONT ELEVATICG am KAN] RIGRT EILEVAiICN STUCCO STLCCO SEING PLAN i REAR ELEVATION 1.1.A.1 2 KAN 2 LEFT ELEVAllai I. HAN N.C.U.CHE ARCHfIrEGr3 WI N DWARD PLAN 1/2 ELEVATION A HUNTINGTON BEACH, CA SIGNAL LANDMARK 2727k LAS RAMBLA.% SSE .100 141550.14 VIEJO, GA 92691 944.3.18431.32 2.1 -611- SlUCCO 1 PLAN 2 LEFT ELEVATION PLAN 1/2 ELEVATION B SIGNAL LANDMARK 2 . 2 2?-271 L.-5 RATAS.L.S. STE 0109 MEJO,CA926,91 owo-548-51.52 IU HANNNCDUCHE ThcHfIecn ii, .................z,..._........... '''..". ",•...1i WINDWARD HUNTINGTON BEACH, CA SMICCO METAL F. GLASS1261.1 glICCO STUCCO -612- I 111•=••11 ==== 1===• ==== 1===• ==== I===M ==== Mal PII•INO••• ==== 11.11111.1111M limm omma. mim nn ••=====m 1===• 111=1====1=1 ====1 ..=====.=• I===.1=========== === = ========== =• 0===•1=========== ==== M .1 M=1============ ======== ===• ====== ===== II__IW_ME.1_n1LnAW•JE=11n1_1n ____________ SILCCO -1/ANLF. %VIEW sin MEW FRA14F1D GLASS RAMP* MEIAL FRAMED GLASS %MING Im n • rnmmimmoLw_-n ,_iii mm = =I mml mimmum.m. ma. mmm...mmi.,• I= mmm. ,mm = MMMMM m, •=• M=1 =10 1== 1======= =IN = ====== =MI -E=I •=• •111•111 =MD I 1= MI M=1 = = mil% f =• STUCCO mart FRAMED GLASS RAILING •== ====1•11 ••nn MI M.== =11 M.== •=.=M • ===M I= =• NV = ======= = = = _I • = = •1P• == MI= •11=1===M I= =• =OEM= ==== ==111111M MB =1111 II= OR= =OE = = = = = = =M 1= =M r.uw.c VENEER 111111 111111 MIME. VENTER ===1•111 ==11111• 1= =111ril•IM •= =REIM= = I= =M • == =• ==== == == == =1 IN •••• = ==== ow Nam imam ommumenumumm. imatemammeraummumisou STUCCO MING • ========= === 111= ======•n • 1=== ===== ============•111111 • MIL, WEE • NI Wal•M• •mooll amprdm • Pr.2•1= •=1.= =•=_• PLAN POIETAL GARAGE DOOR PLAN NIF1A1. GBRAGE DOCR MAW. DAN 1 RIGHT ELEVATION 1.1 HANNCKTIHE ARCH:RECT.* al,-.727.f.5 WI N IDWAR D HUNTINGTON BEACH, GA DAN 2 LEFF ELEVATION PLAN 1/2 ENHANCED 0 • s SIGNAL LANDMARK 27271 LAS RAJABL.S., STE #107 MISSICM1241E-n. GA 4269 I 449,148.41.145-2 2.3 -613- Acc-,•94 M _ RED GA NANE VFJ,E 1 M . fir ref., Ad. —1 i ------ - 00 . . i M 0 A — mm •os• mm NMI II•••• •=• 11•1•11 umi mi. mm 41=1 WI= IMI =M =11 nn Em• am•00 = = MIMIll = = mow I= Min !M - Mill rm •n • == •I=M M=M NMI Mil STUCCO ttEi MCC° SIUCCO n • BIM= ,==• IMI=1111111140 =IIMEn NIMIMMIairMTICI •n ••1= ==M=71 :E=••=-=== •37 ,=====1 • FRAMED PALING M. vErderc SECINS MCC° SLIGO° PLAN 2X FRONT ELEVATION PL.% IX RAN EIEVAIION !IAN IX PLAN 2X PLA4 2X LEFT ELEVATION PLAN 1 XJ2X ELEVATION A F 1-LANINI c7-13C- HE ..141476-C-73 L. ...914 .261 -1070 c_ -dasnwo.• a FL.. ..+1 .* REAR ELEVATION WI NDWARD HUNTINGTON BEACH. CA SIGNAL LANDMARK 27271 LAS PAN1SL.S. STE .106 PASSED., vISJO, CA 92891 9.9-3c1B-31.15,2 2.4 CARAGEPLAN -614- 8 ELEV. AND TREWS HEIG14 MAMMA IS 1Ct 1101E1.41 FIW•ED C.4,455 riN.PTG .7% WasUF, VENEER Ft* d ii HAN N (DOC IA E lk ___ ......,........ ......_ .,.....„ REAR ELEVATION WINDWAR D HUNTINTON BEACH. CA I OPT. Math IS AVM_ FOP Atk. HANS .rLSP:9^.10 SIUCCO S iG.NAL LANDMARK 21271 LAsI?pJamAssO.1n, MISSION VIEJO. CA 92641 02. 2.5 WEAL FPAD GLASS reAU,G 511.1CCO -615- MAW. VENEER SUNG KAN 3 111. HAN N C. Ul C HE 11,,,......___=;....v.m...._ z PLAN 3/4 ELEVATION B SIGNAL LANDMARK 27221 LAS RAAIKAS, STE .100 TossNiCAg NAEJO. cs9.2641 949,301-31 62 PLAN 4 FROM. ELEVATION REAR EIEVAI1C0 WEN DWAR D HUNTINGTON BEACH, CA KAN 3 I.EFT EtEVA.110N 2 . 6 PNN4 RAF§ 3 -616- LIACLF. WM& STUOCO FIN? A RIG4-11 ELEVATION LIETAL FRAVE13 GASS RNLIKG MANLE- V13^4EL 311.1000 PLAP1 d PLAN 3 PLAN 3 LEFT ELEVATION PLAN 3/4 ENHANCED F I--.LANNCJL}CF-EP ....RCNFTEGTS 979774 7-7-0. 10 . IL =7:=2.; REAR ELEVAllON WINDWARD HUNTINGTON BEACH, CA SIGNAL LANDMARK 27271 LAS r.107:11,ALS. STE #100 taISSION MIEJO. C. 57651 945,348-81+52 2.7 -617- 11[11111111111 7, MINIM OVELFFIANG COCA: LAX BEM DE15385 COLOR SCHEME 2 COLOR SCHEMES 1 & 2 WINDWAR D HANINCDuCHE ..././ZCIAME.CTS .7.-3—ai.;c7ia Mk MCA, MIR MO. HUNTINGTON BEACH, CA Signal Landmark .55 II WW... II II PASSION 5.1/1Ct. CA 92691 WI-WISP 62 3.1 -618- WI N DWARD HUNTINGTON BEACH, CA 3.2 COO SCHEME4 COLOR SCHEMES 3 & 4 7 A Signal Landmark 21-2El5 LAS RAMBLAS. STE .230 FOIrSS.C.VIE-. C442691 9,34-34.8-13142 III HANNCNJGHE ...crqa-c-crs .717,z:4711;G' 5,—c.- Ilk ''..:=:."...i.W....%n • ' gtrE : 1 . : 1;7" COLOR SCHEME 3 -619- MCOHIDARY STUCCO: LATE FROTH CE6239 METAL DOR COLOR: OLVER FOX DE-62119 Ii HA1WLJOHE ....c...trrecTs 9.-7.Voilitos3 Ii. ----.44-s==L WINDWARD HUNTINGTON BEACH. CA a Signal Landmark 272E15 LAS rzkrww,os. STE #2.30 MIS-SION- VIEJO- CA 92691 949-3-d-3-4162 3.3 -620- SECOMMY STUCCO: I DuSTYDFtEfia.1 DE012 JIF aid COLOR SCHEME 7 Signal Landmark 22285 LAS RA,LSLLAS, S'E ,230 MISMCN VIEJO. CA 2264, 644-2.4S-ELI 62 1-1ANNCP1iC1- E C.I.VD WI N DWA D HUNTINGTON BEACH, CA 3.4 -621- SV-S1 ELEV.4210.0 IffilE 21 El =11 le= MI Mg El= 1.1 MMIM. •101.30M1.0 Y. MN El EN IN ...ir] •• 1 mm N . il n .n III 'RE - II ....-.. ED _c 1WI " E nn. H ,,,,. ED •• I- II .....= on 0 1.II :: 4.11 rarm r4 CAN WI . ME II -: 'WI -.n :: [ nn II II • 1.321==11. ummili 1....iirliwil n II 1; • im. II. _ ira 1 _, I n co •a-ILI .. _ 1.21..m• IA sr2r. ED .. ll-•1 • •nn H 1L, r2 11 • miim WI iiilli II ... :11:-.,. Al n • 111-1 im...-11: .. I -sill' E on Ii •• H.-: _ ; ' -11, II MU UT 36 WINOmml. 0••••••••••• MU. IIII I-LANNCDIJHE Na...... 6.27052.-1 Ye1-20. 34 \ WO 33 WS 32 JOT 31 WC 33 MN 212 2 1.26128 -RH 12.2- 26 vs: '3SI 24 MIT 22 LOC 21 EAST EL/606310H Lot Perimeter Elevations WI N DWAR D HUNTINGTON BEACH, GA SlGNAL LANDMARK 27271 LAS 1664010.A5. SW .1100 RASSICed vrJQ. CA 92421 292-339-9142 1FOT 35 NC:MIA EU-VR.2N 11".241 ago 4.1 -622- L HANINCrUCHE ARCHITECTS WIr+VrZZ:.••n• es....".Z US= FAST I LEVATICKTI WINDWARD HUNTINGTON BEACH, CA Colored Lot Perimeter (East) SIGNAL LANDMARK 27271 LAS FTWEILAS. SZS1 CET AFEIFOIS TAF..10, CA eF2EF, IITTET-StIET-FIELT 4 . 2 -623- 11.1 4-4.6,1,114C.LICHE AnsuirrEcra v-.To :81`.21-do SOUR. ELMO...T.3N WINDWARD HUNTINGTON BEACH._ CA Colored Lot Perimeter (South) SIGNAL LANDMARK 27271 LAS RWBEAS. Sit 0-1011 MISSICW ,AE.10. CS 9264 I -9.119-.143-6 ,82 4,3 -624- 1111. HAIVIIC)1}HE PriGHTECIS 4.7.977si".W,O WEST EL EVAIICCY WINDWARD HUNTINGTON BEACH, CA Colorecl Lot Perimeter (West) SIGNAL LANDMARK 27271 AsRwaas. STE .1 DO PvIESSId`l WEJC, CA 924141 9.19-348-8 I 62 4.4 -625- LL . 7P, qty 1_ IIII F-LA.NIN.U.L.J.-H E Ilk .... vril 2:;H:=i6io. .........., .......... ...,,, ,,,,-.7 raCIMI ELEVA71Ctsa WINDWARD HUNTINGTON BEACH, CA Colored Lot Perimeter (North) SIGNAL LANDMARK n 71 LAS RAMA.. $TE 4•100 A1i1OcJ JO. CA c;r26.9.1 4,19-4.413-131{a.2 4.5 -626- AB3REVIATONS n, um me 0MA IOSLICID 041441 [04.77 LOX ER.G FRE laR 44. tenasE Phertith .E PLAILL BIFBIFIVEErr INNIPROFt I I c 1 I 1 1 1 id -11111 1 4000 1 40-04 r 40.1144 400-31.1. L J -L r ▪ - T1 - 7 5 Ion.. MuLL11 1144441- I P744.7 _II I LuT .400400.40 sm. Arm Cr 511641M C.Erallah It 17400056 -47F11...74 DIAL TVA FREE 1 -800 -Q2 -41E AI LUST 740 11.45 BMW VOIJ spa, 4 ME MS 4E4 PER LOLL SO III EEC 1IOl 170 SM CJWI 0E566107 1611 CFPF40) Er: ..L1.711. 1111 0511 0.00 40444PEP ait Sta nteC .7,-4.7..G4 'Rd LLE .74,7 06-4 40123.0 TENTATIVE TRACT MAP 1069 40).Er- 2042441:177 sir or P ELTDILIFTEr I L.ILL 70,70pL2.00 77 II FIRLSIRFIRLSIR 11 II pLoaupLoau 40440 - - -I 40041 I TENTATIVE TRACT MAP 18060 LLGEN_c: FLOF007 .0100:r Lel! RM. FIL.1174 Le. f mar cw ROM. rpm ISCE *0 11* In I WOO Mel ILE Ea (*0 LINE a If FM MM. OS IX sow .4411:LE ft 1.1. P10..12 LOT A 474VIED 444 incersel 222927_ LOT SUMMARY LET 40. COCIE40, /11%3 .4a7+4 L.Am 44.44 404944-- 150 47.4.LF I.474 447E4 N...101.1441WIL .71X4E1 70. g 1 *04 110!. 1 0 e Cl43 LL7Y OM f S. OW SEUTT00 ArE if IRA WI PARK1.14a SUMMAF1Y 54.5 EASEMENT NOTES • 00.9. *01114(1 CMG ai Ra.0 slur mrso 7.• a. sax Nit me.-¢ TOW *Me pr 1.N are w EL. siva! 103111) TO '5 *30*0PC • ReASONINAKIR. RI Le EI LU TEF R.44. 74 11 01 m D E .. R M' 1160111* NOTES WC- LM MM. L747 NOM 006 RESIMe 66.6.66.10es 0:100.1T MUM MN War mama men. misc. r-c !Lamm 02 00,1004/0 SPOSL • ELRIM moors, ANNoLIAL Ft. 2414. 1,7444 14:014 044074. lieRiCISVCR SIMISRel 44.57 75.7. L ATM SW'S MUD 0.1.1 0161,LIMIN 1804 ▪ exeM MI ME MEP TE 16- 7136061011 6.04 • MOM 46•3 .16 70 alMalic MEM Cularw OE gown 11212:11C m ..21LIMIM alma 161111111 ▪ Mar la alain la 11M an Ma. a 141701.01. M. 0L4r= TO 05066 SMELL EMEND 14 MEWL= LL or 44 14.74004 444. 4.4044, II sm. won= 4•04 Emu 405 *0 11;1700:13 IF SF 12. IF 1.7.0 0004 OM MILE IMMO lafilla 111. 4011:1 IE COMM ialla CF la Ulm man. Ia. •Ff 4444Mr014441•40 04. TO 444044.441 00.01. TO MIL SW N. IOC NW If 40:00119111. A901 RIM It SIMI Ems Emmy 014 Eft MU 14 10044110 44) 44400. WWI. LE 1414 Rai MR !MIR= KM IL C. MR PM PM .=- M M 4. . 1400340R A 7 A VA Pr- L 1 06 M 6 M06 OL w. it 10000 YI CLSLL •MM rgaaM751 DM a At TO m M Mma 045 1, 4 L. 0 04014400 15 TO 000M41 l 2 M =WeMSV L nt 404 WOE 5 ACO 1 LW 4 .n. R.77 21 W M Mae 443meRWM o 477644. 407.3.1 MOIR slam .04 SMER MIFF It LT mar um- sow 497 FE MEWLED BASSI71 cnr..t.1 I al. 27 Fir ,E4 Fro R14.7r 7.4 47-.79t. 4.47 m.. s zoimE rim 1 I 1 731 r 1 1 1 1 RD-PIL,i L- L ..• %11 11: _ I I 112==.41111111 MIA-SONS 46 L.4,1 MM ECM Man M LA *400 *01(40 PRAL ZS 1124014 05 c L OM 4 IM M 06 1 Ma 0041160_ 065 6 M R (1001 06 06 MAIM •15-1F614Ta76606rx (III nsx, Eat WOMP 11E M PM .3 7FF 76103 M Malar a e O 606r16 V la ma., 4.-E, Rn.F ne MA Ma4 CEDMM.. AM M 76 iar RAMal l96%MO La TR:040.4 00 ,7 *0 *4 PA R 7,4 . 1C III' IE. tn. -on& n WD .L7Anl 402TP1000pap,00 aers M aAU6DMPR MM. riaLLE LEGAL DrON • 10E07 TE 07, 002 K AR L 401(1 65 400 m 134 6 *040=j 410 Y 02MrM6667046, r et. E11 2 92, NLA IL 70414 KL.RL +5 761066 0 ii 2'. 40*11 *411111405 S M .7M n OKUM66Ma aM 0,1051151 00 496 41IM774 It LIL TRILL*. Assonws LACE liNfrk OVINERIDENELOPERISUEDNIDER TM 040. =al laML rfal La NM; M 1.1.1016104 4. 166. Vrila "3 w"" STATEMENT CrMINSI CER-P a to COMED 10BF MiSSS“Cr01 S E 4 e M C ro m 14(0000 6 41114 *0 560 MP. CAM REIL5ER 3-24-17 WI IL CI 1E4 ISM 4101417 -627- AFIREMEEAFAMPOWNIFFINUOgnisMFINEI 11M2.1214Z.4131d LielallArd '1420,1 AA Ai 1.12EN-W111 %,:114AOL103:11111=1.r14"1".'"". Wm..= vt. 12412111"1 -k- • V 1114.19CIOITSIL k1 IAO MY Ot.i LIOZ/hUS •010•1 I AIl'\#\.1.4.6" Dt4O11.110 -628- LOSPATOSAvEgiE &ANDOVER ERNE PFEAMED GAMPLAML11.11, I MIMINA 42- SIGNAL LANDMARK I rm.. Haaarreceic .7.-Actoco PIM mu sartA1833 so- WEDWAFD I TENTATIVE TRACT OUP 130E0 PFIB_IMINARY GRAIDNG PLAN GRAPHIC SCALE I at VISM MIECT 204244100 snErr Er I 1,T,. LAS WM. AIM AO MEM WA CA Ird551 CMS. uoosneo L CONSTRUCTION HOTES ▪ [cam an at.- IMAAM117. at at. k MCA • raacrs, ONlocr am - Rum. at sea lorzt ® swo mum at P.Mr du atMIX ® H. SSJX ata 199 Wrf AgageA ALLat LEM 9 tMA ,5-0- 'YAW, AM MI RNA AL attat C WAR NOTES .01 ore. s IPL WADING OUAKITTTEB RAS CUT * 2,916 CY RAE nu_ - MCC CY PET PRIM ® VITA ADE re....e..setbrerdu AMY. V:61..1 I 16.511.5 I 1146.3 I 16.561. - _ I I I. II. 17 EIT,E8T- I I I 1 1,4 I I I II r - II F J J 1 F - - 4- - -4- T1 I rico i i r 1-1/41' ir K 1 1 I 1 1 1 1 1 I n°4"1'"u l J L _L MJJ ICOIFIEr S.M. Kt SO 'AY we:owe LOT \ -MU EMMA 1 11/4-919.9111 at FM GRAPHIC scar (erre} e. VW TOLL RE 1 -BOO - 4 22-41 33 IT MST Ile IIONS DEFCIK ic ..11.1366,01.16 SIME£ .131, OF Id-TEM CTEMONFIA MOE 166616. .77 14606 OR.IFTIT 13:64 417.057 YE .1 106 OF IR 1606 Wit - • — F — — ISLF7M 7. 6CE Ile SLTS. ORME CREC6 ABBRommorta NAM 3610:5, lIt RCRSIFI tO er oqr, MOW KFIPIX RP IF art rr OM FING 1.61166 93 al SECTTONE-E 7TR WOW/ Pft LP It 155 ao.nr uwasX ss•tr r CFO a GOON F-F Irereel 1 ng ar I lis 1,1esheEj elec. 1,-JF . ••', -e-i .51 L CC FO Melee DC e ca< SECIION G-G flt al! r lad MC 161, vinouninufin 11111M11111 411111TAIMill 'eV WINN 3111 at eameee 1 31. lienSee le I r 1.4 at tate . 4•4,1 IS 3.9 991994 SK110N 11.6 ri,N1 LDEI 2, at 5.,E m:9, I "15 I ) I SECTION 8-8 SECTKIN K-14 059115 BK 1041 110000 BK SECTIrf. L-L ler RAM iMiliLee CESDPEOBK 101 :2ainnteicc CS) eZieCLC:c rent s.1. 31, e d. cAleel R.9511mX0 LKIE WISME 5-14-17 749 15IP ME IVO 9. 91,99.11. at NET 4 816 CT OMR) MUM' .4 204,744V) 11541TAMVE TRACT MAP 18060 912T GRODIC CONCEPT PLAN inileier ITAFF. 61. F r at ._C1143#1 rrFtm. SI1 SECTiON 'A1 Ir STREET CFRDIATE S rEilLE IS) NOTES 105 ItOh £10500 10 IIfl ORADNO GUAMITTES WI WI' WI MI- 4 2.91 6 CT - Cl PIM SAL Mt —66:61t ss etT!..I91'2111°.r-199,97 CMS J_EGEtilD PPIOERD TRU MOON LOT LK MOS MOTarn. LM r. ROT! 9 rPrr FT90SE1 TOL fErCE 4111/ SISSICE Moira Mao. AVO BC Ass Li orai map 7, cow SMID eosc SSun Pr OM L 099 ▪ F93:5117 LIE CONSTRUCTION NOTES —0 mom ir rc ow Lit 0 apeplul it Fa 55.17 v 114 63 alissacr it N,77.1 tlew Ut 0 =MR MI NM MI are cr mac. ami SirMITO 63 Gomm woe mow Cot 9) or arr mama Roar mom no In 43 =MO .1.1499 swum toper 7 61117E NEE in ora. ▪ Kix, a. ta NM C) ink MI MI 7n um pa L 11E ia IluVarr 1671.00:17I ii 25:37II P9 DE 17.P.03, MST WE MO MIK TIC -1:K. rusTr DEMO" T-E ra. .1.71•M 71087 stE 7.7,4in IN WW2 FICLEEr 151 itIT L S O9-Tolri ROW CO. 999r 7.IDE in iCr ROK EL Ti 7.91790 Trale11135 SE9EIL T. ORR ROOT 717:179 191i IN 09‘t TRO,N.WI ORO LW-IllS LLS:9 WM' au, I. X.1 Nom rrSr Dori 0 in or Ruud RA ▪ 60.119ER ROOM Mr MOORDT We Mor9. Me Ira IR MEMO 9 KniPeseE 1•7•71 MCI at 97:. LW75:M.a. LW,71.04 +.7 LW TFP. MC* kW 7775517 PO ir leoraz G. Dm in N BE ppRom 70.7 it it in 117 ROM X. OE PICROSED SON MOO RR IN OM. macr Ncoome77 WIlIN *FWD 3 0_ 75 ▪ 9,979 orpoo a pamero R. ROT . EOF:PCC CaCRErr PPE PRIM' VC. 20C4011 GRAPAIC pox cF soasos DRUMM RT. CROWED it PE7SEI:e TENTKEYE TRACT IMP 16C611 DRAJNAGE CONCEPT PLAN = = orta. 1. zi gqz MA0110i \000.11\201111111111V00641Liki409110G-G17011.14 PLO11ED: 3/24,2017 1013 4l 13Y: 00, Ykky ve.=, _ _ L El gale IHM11111111"" WH9111"111"1 9h08k11!11W 4 ii5 Design Development Package For: WINDWARD Pleoldiel raln LintMelle Yuma,. : MINT.. iroo Com Mem OL !dim . Md.. ilLMe. fficesnemwes e w. Inenwanii, 3 • Kay 15lam a si eriLEY 14121rERES. COOL. 'MI +4.1-1Wd CEICILdondir • 0 4. 27.01 eerr 1 nV .60.7.01 0.00110 11.00.0-07 0111.0 01. L-• 6•1601 1.111:7 100. 0,10 eso Lose • meow rAYL. EddridadO etned. C.ro.eisasr err. 1.0 0.11 •10,11-1.71 0.0 0,02 • 1.07,00 Ker. CAN ',IF,. 4.10 eLa soar • Cora h, ABBREVIATIONS 6, GENERAL NOTES CONSULTANT TEAM L .007Lorim,m lb, VICINITY MAP xaflGet#Wreies 1. VICINITY MAP 11, IMIlill• 1 IN Ill ' 4L1. 1I _ m NI, li • , Ar W ..... . PAC2F7C CAN 1A709 Huntington Beach, CA Tract Number - 18060, 36 Single-Family, Detached Condominiums 3 Signal Landmark 27271 Las Rarnblas, #100 Mission Viejo, CA 92691 CAM CmWM W. Ed Houndord Ma) NE1-88414 PLANNING - DESIGN• LANDSCAPE ARCHITECTURE 30S0 Pullnlan Street Costa Mesa, CA 92626 (714) 613-3200 h.. SHEET INDEX A.171110 dal .0 101,017 47170 711.tt 06.71 L. 0 31 107.1011...• 1..00er re 1001 •It Ism000 eer Levareeer lee OW -14.01.10. d LT • mem.. ;emu • Cart Signal Landmark 272713.83figrriaWS Sulti) 104 Mon Va, CA • Prrilaat Windward H untington Beach, CA Tract 18080 • Paddirm 1107 11.07770 1.11.0101111 IOU al711.1•010 Landocapa Porrrd Ha. LANA 0101.00, L011.0 L.,•01 fuLL IC 7700.30000 00.0000, 00000 F0 adan. 1.177,0K.0. 4.070.0.10 FR.71E% r.0.70100,70. 011.070 0a/ rO2 Kat 0004.10.r 707.07.• 0.04 .0 1110.1.0707 CF WM& I [pa,. .0f 1700J, 100E0 01 C07,9LCM0.0011.010.010•0014M0 el 000.8 nuTLM0C0 170.0100 nAT emEnussw La...Ludo, rad. O,coLoe •Lru. CO 070.11,0700. a1,7.0. n.,000 07.000,0 m. 000 00000.1.00, 00, 1.1l 000.0fIr 00 0 ptabla /0.300 ta. ra PLUM! +a rdd No. own..., 470 L00000 10.04A7 C0.0.,17 F.7r ,170, N.10 07070100.0.0tS 700700, ▪ 7,,000 Te a•Pre 11.010 Val a pe O 0. n0 000.0 a 00.07 07.10 a. WI Need. era so aro ou. rood oradrerao madame deFTOILoIN Ma COoRE.I.darreCI XeraLL.TON lb MI 000/ C0•5117C MK! ISM. de owe _Loy. dm onampLocod drnaom odor. modern es. moire a-70 0 fa.. 0.77. 7.10 •0000,..0.017 000.e ne oreLLarL orderrLo Pe-dirrlat Yin. 16.0.1.007 0130.00 a a • renal 0.10111001 0010,70 .00.10010. .00:65 LLN• 'LW IV Pr Cm. OCKMIL 0107 mr.e,, CC ao naorldt L •ne 01514 007• 01000117.7.1 10010 IL 0 ISKT•17 0100 010170 00000 70,01.07.0.02 0017 .011101. 70 -1.00 00,0 en.0.1•1100 PI 7.00,0117.0.1..1001•00.11.0.111•705. IL ALL 0.0bra 0000 . a.. ra, 7. 0L0..7071.01000C 11.1007 0.0170.10L L•00.0173.006 1,0 •70007.0 04,1 anat rL LYN ODOIICON 0aL IC .0.11100 10 Fir MN EMLN.LL dLL=ed RAMS .co-r-ed 'ammo or urcr, esaseaLL lay. rx.• aeins.rve 044. 14.00e KA gala 0000 .47 Ort00,07 0 0, ee reran.. 7•011111011011L a My* 017J-S .M.07 0.0.. CCrartradn .00 Ar-L 030. 000 .000, 0,0.00 11.0.71 01.07_00.1•0701 00070.0. 1.70.0.L 0077.101 O721010.0. 0.1.111.11 0.00. h ada ame • 03•7... 701 0.1- CCM 0011 120- 000 17.0 01100. 170.0.77.01 1011,0...0171 .170 N_ILterOlo sorra" 000.1 1000•71171 1•05.1.008 14.00 mbriam 4.700 O 7 0.1201.1 S.1.17.1 066 Sooner oc 01.0 11.1. 71 ▪ .1 .10. 7101.07.01C O 030 0.00 000. 1101 0.111 110001:01 1011. 170 .100 a a 5 0 ; he Slid bike E I. Sheet Mile: COver Stleal - ▪ o a I. F Stasi ialarmak CS-0 1 • 13 t g I 07.00. rrd O0.0,007 0 ▪ 71.0 00 .77 7.00 FIX' 44 51%Te PairM 1.10 O 0,0•0o G eo.. •00.0 ar ▪ ...LeLdr sier r+.11 V.1.• 1. ▪ 1001100 K O CMIN7 1070 bLdrrirl. addr[Oromt darer weal door LYS 00100L 007 et ▪ ededIK sue Jebe ▪ l. • SUBMITTALS part S:EdCedrOldtr ▪ Cls O 001 0 17-1,1001., _ , 1 1111 Z 3 2 el c c . ( -----_---/ 1 BOtSA CHICA STREET ---.---'-'-' NA& • ,filCii iTIUM-05"-- suamFmmummtassom AI '11•1•13•1•1•1•1110111•PM14111212•1EOP915111410•4•EaSklEdIMilliii•O•4•41• *Mr rroma re '''' . .411WIMINAZI•2 i 1 -. !AV 3 r r • / §...... ----•--mga::.: 7 I 0 0 ,,, • . • ., 4 zi 111:ZZ N 1 __:1??? )5 RE :;i• ? ME Eig iiili / - -- • [411, .. 4 ill:* Mg. • -t. Al , , rr, -I 1 . – L I P;;Nom•e=sem•xe•:= 1••• ; . : [tizei_, ‘ ? m . iliE:..i• LH IhE 4 ' ,-, z...4i,.. • -.41 irl'I': U, I! itii.iii ''''411 • • maim _ .... 01 ::_ii!,:,,,, ME se , .=' 6 4o 0 .a ._ fig 1 11•n•tia XI 0 ,' .....•,,,,.,:-0.-$.,:::,..:*„INIL-mIENNEE.5...-imm. ' UM miuma:wmaimossmon; Noneril.:..tVittgl I m m TY ' o o 71 • g a..,. 2 m I . .11, 1 2 VV : 1 1 I .41.. r '''''' ril \ 1 TT .. 21 TY .. II CI 1 2 ._. 1 ... 0 9, - 1PVV1 2 . , .'..A. 1 I .. tfiq....kqPkilmiENAUIMHIto,N11 'air ' • . MEHERIIINHP,. \ Mt. P:M..—n11; PHIAL iHN IIIIPNIHR I i 11 s /-) „ k,,...„.44,N%.‘*,N. :%n...., ..\\‘'W.....MM, ''' \41%,,,.., , , . s: \•.‘ \\ZI:A.::, ,tiZ:ZI1•:;:.\ ,... .....'t.t.,:\ ''''", 1:3 4 2 ill 1 1 s'): r 1 0 / , — - , . ' •. I ./ •./,' II , .. , — _ _ __ . sHEA PROPERTY SI ZM lc _ : - . -e''..-.' : – ' I V h_.. 1/ i . _. --- , .,..... '------::- - '1 lIt __ . 1 --, ,.... g R 1 R z . -L-,1...,„,.. .301111.-Vjeft -..- _ • "lbw inic-Al. . — 1 IP •:.•••1•I••• I k . 1 •F• • • • . .1111, ithk iiii,10:1 iii .,,„... 1 1E1 i r i H 1 - 1 I 1 : 1 .. . _. HITIMMillilili , i gisillil!,; , 114i18H t i / 1 I I iiiiiiii .1 iciiii I i.. ilk) mir h4N1B;.);Pr cr. Y 11 Id 1 ' III 11 1 1 1 1 4 r m Hi lip 11111;;W I 1 a r I —11 r 4 1 i r I • c' 1 ' ..'1 P vr,i1,41 viiii.d, gi 1 _. 1- 1111111' '''' '''''' 1111111". _Ica • • ,4_,- E t I if rift 8 P-2: g -.IL 8 E. k 8 0 ,,,— a 9 12 o > 5 R- • r 111114k ,.}f. it -,.... - .1 • , . ....,%, ' It .LI.L''..•;&... 1. , lip 4:11••.1•••• den••••••••• FO,•• grow., •• VIM . 1.11 PI 0 • n•• , •••• Er. n•• h• ***** 41. • F. 0 T. ,10 . .. . rv . . 20411.005 - Windward Dram lacemioomoM FeloNago - Woritdchia Parity emu It I III III III III II k111 I I I I I II I II I i • • kii//i• 0 1— I 2 rcl .. rt) 1 r., Oi g , Ji P i K 2 11 i i J • 1 ,i I • 11111 a ?-,3 R. 0_ .4E -8-='21 1 li R 0 6 a R 2 • d 2040.001$ • Wind,.dDonlan Devolopreord Pockago • Woodbridge Pad& Group IORNI\ MEM; MEP LEPENWEEMIENEYE OSI•u•on low cem IP1 MN' ; aw10704••• PAC,E•aa. E so. womJeses.•n•••••• • • Koy klapc k Rohde= = : E • abletinte am. yr Mt !CLEM and. Imin AW ▪ N. noun 6 E i 2 *.° LIS E S • Mow Bilureinse P 4 ▪ 13 • shod -rita ELEVATIONS, DETAILS L-3 0 0 0 "I -41P1.- Camel .. 0 ceo-ED-r•DAL 1-.,--,q-r. eamcea.--E' 1.& ADJS.:TT IcALE31-07.4-0 0 P • ILI IMI.: 0 .41. Ail" 0 0 0 1 0 illi ID --.. 4 14--111-6: 0 NA2c..ff -ff• co,i2REIE cum .4.7.1.•-i 0 0 =,......... 0 corrAcrrD CP Mar-Ipe C 7../.4 OEM.. CP •14144 emise 0 iffo..11.4 Joilr N-1.1210 • IMATM WILY= • , _.-.••••=lp 0 a 0 0 0 0 ILPLANTEIR 111114 CURES SURROLND 1 4 0 0 e SESEEd•E.ChL•951033L Wall% F. r-0. - : re OIL Y.. ..= n -_-. All II _ _ 0 0 / • • • II • I • NI Ak—qpie- ILI- r hill0A. ... Hatii-laj SA i II I ..,.. / Ca C.LOEUEL 0 0 DocK up am! ,LATuw, 0 TDA_ R.:E 0 AD..DBYT rocL -Mac 0 0 r GGIS.LLA-E....r14 erru HATLVE/L. ®=E, 1....- 0 n•LL .p.o.,;• ... ‘...• 0 G.. FE.E3.-8-,_ ern4 saa.. mat 0 9"..'r 0 NALL natc mAsTra Wan DME15,42ff 62ALff= 47,2f-e• 0 11100OL GATE AND FREFLACE ELEVATION [ r 0 0 0 ./, V.i. 0 0 ./e \ 0 -Agri / 00 0 NalliaL.STae.ni_E Q.+. stAffiEes errEEL Accue _ 0 j .1M= 1== MI. 0 < wi M. 1 0 0 :.•4•47,,L_ IN - NM., 0 EL1E,-mGAL ‘4,11cr- es, N e 0 84301, X*4 'M. nL j1=11 I= L Mir 11 11M11=n• _ = n ==. --- = = n•I n" \ „," 0 ...... Mar \ 0 e 0 EGaPTIZ.Vfm "-` 0 = n.. 1".."' — '— =_____.:71 =n = • Mr 0 maw &AWE EI.IELS1J2i 0 =1. EcUFMN,I.r..,aeLrm 0 LA=z1t..V=Logsaco OCTAL L Ix/ tf-EET. 0 :=FEL,CE, ADJACENT' Droo,smeromw WALE. ter.r-er 0 0 0 STONEME 0....0 G0.1.13, 0 Ca 0 0 0 L...' ..,V.--.L Plgt.r, 0 wog tr.N.AGE PA.E, Bd.AlciffrEW, DEML .,., L MM N.., k.2.) Acwhcerr roc, WWI. 0 LL.L. miaLoMme uti.1 ow 0 1J. UV In.AVER LLD,r 0 F.O.1-1.ff.ff ERM•oLoAlr er.41,619,1.-0. IIII 0 uuFf4,1.1.1ffrrarD LAN. Lo.6 0 .1111111 o o O A 0 0 =.. A 0 0 II TA 0 APOACEM AREE.E€,,W . = 0 .00L PENcE (70. 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LAM.. ▪ RIIIE,11,11$,I1 - • ..1.61.....11711M......:MTIVI ilhost Ttbse CITY OPEN SPACE LOT s'-emeelele• ft* ielweeIN.1 OS, e CelileleYee le-SePeelliirer ISAIKT1Are Seelere MICR Ri Mal PIM ▪ lorrarode • Must Rolworase LP-3 12 12 § ii Huntington Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION June 28, 2017 Ed Mountford Signal Landmark 27271 Las Ramblas, Suite 100 Mission Viejo, CA 92691 SUBJECT: GENERAL PLAN AMENDMENT NO, 16-002 / ZONING MAP AMENDMENT NO. 16-003 / ZONING TEXT AMENDMENT NO. 16-004 / LOCAL COASTAL PROGRAM AMENDMENT NO. 16-002 / TENTATIVE TRACT MAP NO. 18060 / CONDITIONAL USE PERMIT NO. 16-035! COASTAL DEVELOPMENT PERMIT NO. 16-018 / DEVELOPMENT AGREEMENT NO. 16-001 / DRAFT MITIGATED NEGATIVE DECLARATION NO. 16-003 (WINDWARD RESIDENTIAL AND OPEN SPACE) APPLICANT/ PROPERTY OWNER: Ed Mountford, Signal Landmark REQUEST: GPA: To amend the General Plan land use designation from Open Space — Park (OS—P) to Residential Medium Density — Max 15 units/acre (RM-15) for the western half (2.5 acres) of the 5-acre Windward site. ZMA: To amend the existing zoning designation of Residential Agriculture — Coastal Zone Overlay (RA—CZ) to Specific Plan — Coastal Zone Overlay (SP—CZ) on the entire 5.3- acre project site. ZTA: To establish the Windward Specific Plan (SP 16) for the development of the residential townhome project and dedication of open space. LCPA: To amend the certified Land Use Plan from Open Space — Park (OS—P) to Residential Medium Density (RM) for the western half (2.5 acres) of the site in accordance with ZMA No. 16-003 and ZTA No. 16-004. TTM: To subdivide the approximately 5-acre privately owned lot into one 2.5-acre numbered lot (residential development for 36 townhome units) and one 2.5-acre lettered lot (open space area). CUP: 1) To construct a 36-unit townhome development and associated open space and infrastructure; and 2) To develop on a lot with a grade differential of greater than three feet between the high point and the low point. COP: To construct a 36-unit townhome development and associated infrastructure in the coastal zone. DA: To enter into a Development Agreement between the City of Huntington Beach and Signal Landmark 1) to vest the proposed land use designations and standards for the development of 36 residential units for a 15-year term; and 2) to ensure the dedication of 8.7 acres (2.5 acres on the eastern half plus an additional 6.2 acres to the south) of land for passive public open space and resource conservation uses to a governmental agency or a qualified non-profit entity. MND: To analyze the potential environmental impacts associated with the proposed legislative amendments and development project. Phone 714 -536 -5271 Fax 714 -374 -1540 www.surfcity-hb.org Notice of Action: GPA 16-002-ZMA 16-003-ZTA 16-004-LCPA 16-002-TIM 18060-CUP 16-035-CDP 16- 001_MND 16-003 June 27, 2017 Page 2 LOCATION: 17202 Boise Chica Street, 92649 (southeast corner of Balsa Chloe Street and Los Patos Avenue) DATE OF ACTION: June 27, 2017 On Tuesday, June 27, 2017, the Huntington Beach Planning Commission took action on your application, and approved Mitigated Negative Declaration No. 16-003 with findings and forward to the City Council for adoption, approved General Plan Amendment No. 16- 002 by approving the draft City Council Resolution No. 2017-20 and forward to the City Council for adoption, approved Zoning Map Amendment No. 16-003 with findings for approval by approving the draft City Council Ordinance No. 4134 and forward to the City Council for adoption, approved Zoning Text Amendment No. 16-004 with findings for approval by approving the draft City Council Resolution No. 2017-19 and forward to the City Council for adoption, approved Local Coastal Program Amendment No. 16-002 with findings for approval by approving the draft City Council Resolution No. 2017-18 and forward to the City Council for adoption, approved Tentative Tract Map No. 18060 with findings and suggested conditions of approval, approved Conditional Use Permit No. 16- 035 with findings and suggested conditions of approval, approved Development Agreement No. 16-001 with findings and suggested conditions of approval by approving the draft City Council Ordinance No. 4135 and forward to the City Council for adoption, and continued Coastal Development Permit No. 16-018 to a date uncertain. Please see the attachment list for the applicable documents for each application. The application for MND No. 16-003, GPA No. 16-002, ZMA No. 16-003, ZTA No. 16-004, LCPA No. 16-002, and DA No. 16-002, will now be forwarded to the City Council for final review and action at a noticed public hearing. You will be notified of the upcoming City Council meeting when it is scheduled. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission for Conditional Use Permit No. 16-035 and Tentative Tract Map No. 18060 becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand, Seven Hundred Sixty-Three Dollars ($1,763.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Three Eighty-Three Dollars ($3,383.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is July 7, 2017 at 5:00 PM. If you have any questions, please contact Tess Nguyen, the project planner, at tnguyen@surfcity-hb.org or (714) 374-1744 or the Community Development Department Zoning Counter at (714) 536-5271. Notice of Action: GPA 16-002-ZMA 16-003-ZTA 16-004-LCPA 16-002-TTM 18060-CUP 16-035-COP 16- 001_MND 16-003 .June 27, 2017 Page 3 Sincerely, Scott Hess, Secretary Planning Commission By: JanceiJannes;-Planning Manager SH:JJ:TN:kdc Attachments: 1. Findings and Conditions of Approval for Draft Mitigated Negative Declaration No. 16-003; Zoning Map Amendment No, 16-003; Zoning Text Amendment No. 16-004; Local Coastal Program Amendment No. 160-002; Tentative Tract Map No. 18060; Conditional Use Permit No. 16- 035; and Development Agreement No. 16-001 2. Draft City Council Resolution No. 2017-20 for General Plan Amendment No. 16-002 3. Draft City Council Ordinance No. 4134 for Zoning Map Amendment No. 16-003 4. Draft City Council Resolution No. 2017-19 for Zoning Text Amendment No. 16-004 5. Draft City Council Resolution No. 2017-18 for Local Coastal Program Amendment No. 16-002 6. Draft City Council Ordinance No. 4135 for Development Agreement No. 16-001 c: Honorable Mayor and City Council Chair and Planning Commission Fred A. Wilson, City Manager Scott Hess, Director of Community Development Bill Reardon, Division Chief/Fire Marshal Mike Vigliotta, Chief Assistant City Attorney Debbie DeBow, Principal Civil Engineer Mark Carnahan, Building Manager Tess Nguyen, Associate Planner Property Owner Project File ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL MITIGATED NEGATIVE DECLARATION NO. 16-003 GENERAL PLAN AMENDMENT NO. 16-002 ZONING MAP AMENDMENT NO. 16-003 ZONING TEXT AMENDMENT NO. 16-004 LOCAL COASTAL PROGRAM AMENDMENT NO. 16-002 TENTATIVE TRACT MAP NO. 18060 CONDITIONAL USE PERMIT NO. 16-035 DEVELOPMENT AGREEMENT NO. 16-001 FINDINGS FOR APPROVAL — MITIGATED NEGATIVE DECLARATION NO. 16-003: 1. Mitigated Negative Declaration No. 16-003 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of thirty (30) days. Comments received during the comment period were considered by the Planning Commission prior to action on Mitigated Negative Declaration No. 16-003, General Plan Amendment No. 16-002, Zoning Map Amendment No. 16-003, Zoning Text Amendment No. 16-004, Local Coastal Program Amendment No. 16-002, Tentative Tract Map No. 18060, Conditional Use Permit No. 16- 035, Coastal Development Permit No. 16-018, and Development Agreement No. 16-002. 2. Mitigation measures avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. Mitigation measures are incorporated to address impacts to biological, cultural, and tribal cultural resources. The proposed biological resources mitigation measures would ensure that impacts to two special status species, burrowing owls and southern Tarplant, with the potential to occur on the site would be less than significant. The cultural resources and tribal cultural resources mitigation measures require archeological and Native American monitoring during ground disturbing activities and construction. The mitigation measures also specify procedures if any resources or human remains are discovered during construction of the project. The project site has undergone archeological testing and excavation and it is not anticipated that intact deposits remain on the site. However, the mitigation measures would ensure that impacts would be less than significant in the unlikely event that resources are discovered during grading and construction activities. 3. There is no substantial evidence in light of the whole record before the Planning Commission that the project, as mitigated, will have a significant effect on the environment. The project consists of an amendment to the existing General Plan and zoning land use designations as well as the Coastal Land Use Plan for the subdivision of the project site and construction of 36 townhome units and associated open space, street and infrastructure improvements in the coastal zone. The project also consists of a Zoning Text Amendment to establish a Specific Plan that determines the land use, zoning, development standards, and infrastructure for the site. Potential impacts from the project are minimized to a less than significant level through the project design, standard code requirements, and the recommended mitigation measures. G:PC NOAI17SGPA 16-002-ZMA 16-003-ZTA 16-004-LCPA 16-002-TTM 18060-CUP 16-035-CDP 16-001_MND 16-003 (Windward) Attachment 1.1 FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO. 16-003: 1. Zoning Map Amendment No. 16-003 represents a change to the Huntington Beach Zoning Map (District Map #33) to rezone the project site from Residential Agriculture — Coastal Zone Overlay (RA—CZ) to Specific Plan — Coastal Zone Overlay (SP—CZ). The proposed amendment is consistent with the goals, objectives, and land use policies of the General Plan and Local Coastal Program as identified below. The proposed change is also consistent with General Plan Amendment No. 16-002, which is being processed concurrently. The land uses in the surrounding area are consistent with the proposed change in zoning because surrounding land uses include low density residential to the west, medium high density residential uses to the north and low density and open space uses to the east. As discussed in the environmental assessment for this project, there will be appropriate infrastructure and services available to support the proposed development. The proposed zoning change would be consistent with the following General Plan Land Use Element goals, objectives and policies: Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Objective LU 9.1: Provide for the development of single- and multi-family residential neighborhoods. Policy LU 9.1.3: Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below: a. Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volumes. b. Locate the elevation of the first occupiable floor at or in proximity to the predominant grade elevation, visually screening subterranean parking facilities from the street frontage. c. Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas. d. Site and design parking areas and facilities that are integrated but do not dominate the architectural character of the structure. e. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. Policy LU 9.1.4: Require that recreational and open space amenities be incorporated in new multi-family developments and that they be accessible to and of sufficient size to be usable by all residents. The project is proposing to provide 36 multi-family residential units in an area with existing single- and multi-family residential uses. The character of the development is consistent with the existing neighborhood in size and scale of other residential structures in the vicinity. The residential units are duplex townhomes with four different floor plans, featuring three- bedrooms with attached two-car garages. The project creates visual interest along the G:PC NO); 117 \GPA 16-002-ZMA 16-003-ZTA 16-004-LCPA 16-002-TTM 18060-CUP 16-035-CDP 16-001_MND 16-003 (Windward) Attachment 1,2 street frontage by incorporating varied building design. Featuring a Mid-Century Modern architectural style, the project building design includes articulation and architectural details on all four sides of each duplex. The building facades contain a combination of building pop-outs and recesses to create shadow patterns and depth on wall surfaces. The architectural details on each elevation do not repeat frequently and a variety of colors and building materials are used to create differentiation in the exterior appearances. All details and materials of the project are modern and stylistically consistent. A 3,800 sq. ft. recreation area, including a swimming pool, fireplace, restroom, and seating, is provided for the use of the residents at the northwest corner of the project site. The majority of the existing trees along the front property line on Balsa Chica Street will remain and additional landscaping will be added, creating an enhanced landscaped setback that is integrated with abutting sidewalks and parkways. 2. In the case of a general land use provision, the zoning map amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The change proposed would be compatible with the uses in the vicinity, which include medium density residential uses. The project's design and compliance with applicable code requirements would ensure that impacts to existing preserved open space areas east of the project site are minimized. 3. A community need is demonstrated for the change proposed. The change would expand opportunities for housing and address the needs of a growing population. The project will provide for enhanced coastal access through the provision of a passive open space plan, encompassing the existing undeveloped City-owned 30-foot wide parcel north of the project site, the eastern 2.5 acres of the project site, and the 6.2-acre Goodell property (undeveloped property south of the project site located in unincorporated Orange County). The open space area is designed with a pedestrian trail system which includes interpretive signage and a scenic overlook. To facilitate public access to the property, a decomposed granite pedestrian trail would be installed on the City-owned property and maintained by the project's Homeowners Association and connect the City-owned property to the Windward site open space area and ultimately to the Goodell property. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning map amendment would provide for compatible land uses and eliminate an existing zoning designation that is no longer appropriate for the site. The zoning map amendment would result in zoning and General Plan land use designations that are consistent with one another and would allow the property to be rightfully developed. FINDINGS FOR APPROVAL — ZONING TEXT AMENDMENT NO. 16-004: 1. Zoning Text Amendment No. 16-004 establishes the Windward Specific Plan for the development of the residential project and dedication of open space. The Specific Plan will be consistent with the objectives, policies, general land uses and programs specified in the City's General Plan because it provides a comprehensive planning program for the development of residential and open space areas consistent with the existing development pattern and standards and compatible with adjacent uses in the vicinity and the environmentally sensitive Bolsa Chica area to the east and south. The Specific Plan is consistent with the General Plan goals and policies that protects coastal recreational resources and public access, require residential projects be designed to convey a high level of quality and distinctive neighborhood character. G:PC\NOAS171GPA 16-002-ZMA 16-003-ZTA 16-004-LCPA 16-002-TTM 18060-CUP 16-035-CDP 16-001 _RAND 16-003 (Windward) Attachment 1.3 2. In the case of general land use provisions, the proposed Specific Plan is consistent with the uses authorized in, and the standards prescribed for, the zoning district for which they are proposed. The Specific Plan contains development standards and architectural and landscape design guidelines that will apply to the residential development and open space areas that will ensure consistency with the high quality architectural and landscape design of the existing developments and compatibility with residential, open space, and recreational uses in the vicinity. 3. A community need is demonstrated for the change proposed. The Windward Specific Plan will provide standards that necessary to develop high quality residential and open space uses complementing and enhancing surrounding land uses. The Windward Specific Plan includes a description of the land use, public facilities, circulation, infrastructure, development standards, and implementation measures to ensure that the property is developed in a manner consistent with the vision for the site. The Specific Plan comprehensive approach ensures the preservation of passive open space, provision of public access to coastal resources, development of compatible land uses. The Specific Plan also provides for preservation of ecological and cultural resources that will provide a public benefit to the City of Huntington Beach and surrounding communities. 4. Adoption of the Windward Specific Plan will be in conformity with public convenience, general welfare and good zoning practice in that the Specific Plan provides standards for future development that will transform the character of the project area in a beneficial way consistent with the goals of the City's General Plan. The development standards work together to provide development and preservation that are compatible with and sensitive to the surrounding area and to development within the Specific Plan itself. The Specific Plan includes adequate provisions for utilities, services, and emergency vehicle access; and public service demands will not exceed the capacity of existing and planned systems. As analyzed in Mitigated Negative Declaration No. 16-003, the public service demands for the Specific Plan will not exceed the capacity of existing and planned systems. All public services will be adequately met by existing resources including fire, police and emergency services. Emergency access will be adequate for the Specific Plan area in that all streets within the site will be public to allow emergency vehicles access to the site. In addition, the Specific Plan area will not be gated. FINDINGS FOR APPROVAL — LOCAL COASTAL PROGRAM AMENDMENT NO 16-002: 1. Local Coastal Program Amendment No. 16-002 proposes to amend the Huntington Beach Local Coastal Program to reflect the proposed General Plan, Zoning Map and Zoning Text amendments. The amendments will allow multi-family residential uses on the subject property. Although multi-family residential is a lower priority use than recreational uses, the project site is not existing or planned for public recreational uses. The amendment would allow the property owner to develop the site and, in doing so, would contribute to the provision of enhanced coastal access and additional recreational resources through the proposed development consistent with the policies of the City's General Plan and California Coastal Act. 2. Local Coastal Program Amendment No. 16-002 is in accordance with the policies, standards and provisions of the California Coastal Act relative to residential development, land resources and public access. The Local Coastal Program Amendment promotes the City's Local Coastal Program goals and objectives by allowing medium density residential uses while promoting preservation of coastal views and enhancing public coastal access. G:PC \NOP, \17\GPA 16-002-ZMA 16-003-ZTA 16-004-LCPA 16-002-TIM 18060-CUP 16-035-COP 16-001_MND 16..003 (Windward) Attachment 1.4 3. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project proposes an 81-acre passive open space area that does not currently exist. The project will preserve existing public views of the slope along the eastern perimeter of the site and views from an existing 30-foot wide City-owned parcel that is proposed to be improved with development of the project site. No existing coastal access will be impacted. In fact, coastal access would be enhanced through the proposed development project associated with the amendment. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 18060: Tentative Tract Map No. 18060 for the subdivision of an approximately 5-acre lot into one numbered lot for residential development for 36 townhome units and one lettered lot for open space areas is consistent with the requirements of the proposed Windward Specific Plan. The proposed subdivision is consistent with the goals, policies, and objectives of the General Plan Land Use Element and Coastal Element that govern new subdivisions and residential development. These goals and policies call for development that protects and enhances coastal resources, promotes public access and is in close proximity to other developments with adequate public services available. 2. The site is physically suitable for the type and density of development. The project site is able to accommodate the type of development proposed from a public service, circulation, and drainage perspective. The proposed subdivision will result in a density of 14.4 units per acre. The proposed density is below the allowable density of 15 units per acre of the Residential Medium Density land use designation for which the project is proposing to be designated. The proposed density would be compatible with existing surrounding developments. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The site has been previously used for farming and has served as a construction staging area for an adjacent single-family residential project. The site does not contain significant habitat for wildlife or fish. Mitigation measures require pre-construction surveys to determine the presence of special status species on the project site. If special status species are present, further mitigation is required including avoidance measures and relocation techniques in accordance with established protocols for the respective species to ensure that no significant adverse impacts would occur. Design features of the project as well as compliance with the provisions of Chapter 221 of the Huntington Beach Zoning and Subdivision Ordinance will ensure that the subdivision will not significantly impact the function and value of existing resources adjacent to the project site. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. No existing easements for the public at large will be affected by the project. The project will provide enhanced public coastal access through the improvement of an existing City-owned parcel north of the subject site and dedication of 8.7 acres of land for passive open space purposes to a government agency or a qualified non-profit. G:PCNNOA117kGPA 16-002-ZMA 16-003-ZTA 16-004-1CPA 16-002-TTM 18060-CUP 16-035-CDP 16-001_MND 16-003 (Windward) Attachment 1.5 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 16-035: 1. Conditional Use Permit No. 16-035 for the development of the proposed 36 townhome units and associated infrastructure and site improvements on a site with a grade differential of greater than three (3) feet from the low to the high point will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will improve an existing vacant parcel of land. The proposed residential use is similar to those existing uses in the vicinity. Grading will be minimized by filling low areas and maintaining the natural contours of the existing terrain. The proposed grade differential to adjacent properties will not adversely impact surrounding undeveloped properties and open space areas. The resulting elevation will be the same as the adjacent elevation of Bolsa Chica Street and result in a development that is compatible with existing development west and north of the project site. Proposed improvements include enhanced landscaping, decorative paving, and quality architectural design throughout the site. Furthermore, the layout of the site improves the visual surroundings by providing efficient drive aisles for vehicular access, safe pedestrian access with decorative paving at crossings, and minimizing the visibility of parking garages and parking spaces from the street. 2. The conditional use permit will be compatible with surrounding residential and open space land uses in size and scale through setbacks, landscaping onsite parking, lot coverage, and allowable building height. The project is designed in a Mid-Century architectural style, consisting of stucco and siding exterior, varied offsets, and decorative balcony railings. Enhanced landscaping along the site perimeter and within the common recreation area will create visual interest and improve the visual image of the community. The project includes three-story buildings that are compatible with surrounding developments and proportionally relate to the overall mass and scale of the neighborhood. The proposed project is in conformance with applicable code requirements and has been designed to be compatible with existing uses in the vicinity. The project's building scale, architecture, site layout and color palette will complement the surrounding developments. The project also incorporates an open space area to provide for protection of environmentally sensitive habitat area east of the project site. 3. The proposed project will comply with the provisions of the Windward Specific Plan and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The HBZSO requires projects proposed to be located on a site where the difference in grade is greater than three feet to obtain a conditional use permit. The project complies with the development standards in terms of minimum setbacks, minimum parking requirement, minimum open space, and maximum building height. Adequate vehicular and pedestrian circulation is provided for convenient access throughout the project. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the proposed General Plan Land Use Element designation of Residential Medium Density. In addition, it is consistent with the following goals, objectives, and policies of the General Plan: A. Land Use Element Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. G:PCINCIA1171GPA 16 -002 -ZMA 16-003-ZTA 16-004-LCPA 16-002-TFM 18060-CUP 16-035-CDP 16-001 JVIND 16-003 (Windward) Attachment 1,6 Objective LU 9.1: Provide for the development of single- and multi-family residential neighborhoods. Policy LU 9.1.3: Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below: a. Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volumes. b. Locate the elevation of the first occupiable floor at or in proximity to the predominant grade elevation, visually screening subterranean parking facilities from the street frontage. c. Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas. d. Site and design parking areas and facilities that are integrated but do not dominate the architectural character of the structure. e. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. Policy LU 9.1.4: Require that recreational and open space amenities be incorporated in new multi-family developments and that they be accessible to and of sufficient size to be usable by all residents. The project is proposing to provide 36 multi-family residential units in an area with existing single- and multi-family residential uses. The character of the development is consistent with the existing neighborhood in size and scale of other residential structures in the vicinity. The residential units are duplex townhomes with four different floor plans, featuring three-bedrooms with attached two-car garages. The project creates visual interest along the street frontage by incorporating varied building design. Featuring a Mid-Century Modern architectural style, the project building design includes articulation and architectural details on all four sides of each duplex. The building facades contain a combination of building pop-outs and recesses to create shadow patterns and depth on wall surfaces. The architectural details on each elevation do not repeat frequently and a variety of colors and building materials are used to create differentiation in the exterior appearances. All details and materials of the project are modern and stylistically consistent. A 3,800 sq. ft. recreation area, including a swimming pool, fireplace, restroom, and seating, is provided for the use of the residents at the northwest corner of the project site. The majority of the existing trees along the front property line on Boise Chica Street will remain and additional landscaping will be added, creating an enhanced landscaped setback that is integrated with abutting sidewalks and parkways. B. Urban Design Element Goal UD 2: Protect and enhance the City's public coastal views and Oceanside character and screen uses that detract from the City's character. Objective UD 2.1: Minimize visual impacts of new development on public views to the coastal corridor, including views of the sea and wetlands. G:PCINOA117kGPA16-002-ZMA 16-003-ZTA 16-004-LCPA 16-002-TTM 18060-CUP 16-035-CDP 16-001_MND 16-003 (Windward) Attachment 1.7 Policy UD 2.1.1: Require that new development be designed to consider coastal views in its massing, height and site orientation. The proposed design of the residential project would be consistent with existing residential uses in terms of density and scale. The proposed project would result in the preservation of approximately 8.7 acres of open space. As such, the project would retain existing public coastal views from the City-owned parcel north of the project site and the eastern half of the project site. The project would also preserve the existing slope along the eastern perimeter of the project site as a scenic resource. C. Environmental Resources/Conservation Element Policy ERC 6.1.6: Ensure that post development runoff rates and velocities from a site have no significant adverse impact on downstream erosion and stream habitat. The project, including the proposed grading design, is consistent with existing policies of the General Plan Land Use Element that require developments to be compatible with the surrounding developments and properties. The proposed project, including the proposed grading concept and drainage concept, would result in a development compatible with other developments in the surrounding area while being sensitive to existing resources. FINDING FOR APPROVAL — DEVELOPMENT AGREEMENT NO. 16-001 1. The development agreement is consistent with the General Plan, Local Coastal Program, and Windward Specific Plan No. 16. Development Agreement No. 16-001 provides for the construction of the Windward residential project which complies with the Windward Specific Plan development standards, the dedication of the open space area in accordance with the Settlement Agreement, and improvements and maintenance of the City-owned parcel and Windward open space parcel. The development agreement ensures the construction of the proposed project under the 10-year term. The development agreement is consistent with the following General Plan goals, policies, and objectives: A. Land Use Element Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Objective LU 9.1: Provide for the development of single- and multi-family residential neighborhoods. Policy LU 9.1.3: Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below: a. Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volumes. b. Locate the elevation of the first occupiable floor at or in proximity to the predominant grade elevation, visually screening subterranean parking facilities from the street frontage. G:PCINOA1171GPA 16-002-ZMA 16-003-ZTA 16-004-LCPA 16-002-TTM 18060-CUP 16-035-CDP 16-001_MND 16-003 (Windward) Attachment 1.8 c. Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas. d. Site and design parking areas and facilities that are integrated but do not dominate the architectural character of the structure. e. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. Policy LU 9.1.4: Require that recreational and open space amenities be incorporated in new multi-family developments and that they be accessible to and of sufficient size to be usable by all residents. The project is proposing to provide 36 multi-family residential units in an area with existing single- and multi-family residential uses. The character of the development is consistent with the existing neighborhood in size and scale of other residential structures in the vicinity. The residential units are duplex townhomes with four different floor plans, featuring three-bedrooms with attached two-car garages. The project creates visual interest along the street frontage by incorporating varied building design. Featuring a Mid-Century Modern architectural style, the project building design includes articulation and architectural details on all four sides of each duplex. The building facades contain a combination of building pop-outs and recesses to create shadow patterns and depth on wall surfaces. The architectural details on each elevation do not repeat frequently and a variety of colors and building materials are used to create differentiation in the exterior appearances. All details and materials of the project are modern and stylistically consistent. A 3,800 sq. ft. recreation area, including a swimming pool, fireplace, restroom, and seating, is provided for the use of the residents at the northwest corner of the project site. The majority of the existing trees along the front property line on Boise Chica Street will remain and additional landscaping will be added, creating an enhanced landscaped setback that is integrated with abutting sidewalks and parkways. Implementation Program I-LU 7: Where appropriate, the City may use Development Agreements as binding implementation tools. Development Agreements are authorized by State law to enable a city to enter into a binding contract with a developer that assures the city as to the type, character, and quality of development and additional "benefits" that may be contributed and assures the developer that the necessary development permits will be issued regardless of changes in regulations. The development agreement would ensure that the project is developed in accordance with the approved Windward Specific Plan, consisting of 36 residential units and a public open space plan. The benefits of the development agreement for this project include assurances that the residential project will be built and dedication of 8.7 acres of land for public access, passive recreational use, habitat enhancement, and public trails. B. Coastal Element Goal C /: Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs. G:PCIN0A1171GPA 16-002-ZMA16-003-Z1A 16-004-LCPA 16-002-TTM 18060-CUP 16-035-CDP 16-001_MND 16-003 (Windward) Attachment 1.9 Objective C 1.1: Ensure that adverse impacts associated with coastal zone development are mitigated or minimized to the greatest extent feasible. Policy C 1.1.1: With the exception of hazardous industrial development, new development shall be encouraged to be located within, contiguous or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services, and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. Policy C 1.1.3a: The provision of public access and recreation benefits associated with private development (such as but not limited to public access ways, public bike paths, habitat restoration and enhancement, etc.) shall be phased such that the public benefit(s) are in place prior to or concurrent with the private development but not later than occupation of any private development. Policy C 1.1.5: New residential development should be sited and designed in such a manner that it maintains and enhances public access to the coast. b. provide non-automobile circulation such as bike trails and pedestrian walkways within the development d. provide for the recreational needs of new residents through local park acquisition or on-site recreational facilities to assure that recreational needs of new residents will not overload nearby coastal recreation areas Goa/ C 2: Provide coastal resources access opportunities for the public where feasible and in accordance with the California Coastal Act requirements. Policy C 2.4.7: The streets of new residential subdivisions between the sea and the first public road shall be constructed and maintained as open to the general public for vehicular, bicycle, and pedestrian access. General public parking shall be provided on all streets throughout the entire subdivision. Private entrance gates and private streets shall be prohibited. All public entry controls (e.g. gates, gate/guard houses, guards, signage, etc.) and restrictions on use by the general public (e.g. preferential parking districts, resident-only parking periods/permits, etc.) associated with any streets or parking areas shall be prohibited. Goal C 4: Preserve and, where feasible, enhance and restore the aesthetic resources of the City's coastal zone, including natural areas, beaches, harbors, bluffs and significant public views. The project is proposing a passive open space plan as part of the Windward development, encompassing the existing undeveloped City-owned 30-foot wide parcel north of the project site, the eastern 2.5 acres of the project site, and the 6.2-acre Goodell property (undeveloped property south of the project site located in unincorporated Orange County). The open space area is designed with a pedestrian trail system which includes interpretive signage and a scenic overlook. To facilitate public access to the property, a decomposed granite pedestrian trail would be installed on the City-owned property and connect the City-owned property to the Windward site open space area and ultimately to the Goodell property. The plan is to initially create a trail loop that starts at the southeast corner of Bolsa Chica Street and Los Patos Avenue, extends easterly through the City-owned property, which is proposed to be improved G:PCINOA\171GPA 16-002-ZMA 16-003-ZTA 16-004-LCPA 16-002-UM 18060-CUP 16-035-CDP 16-001_MND 16-003 (VVindward) Attachment 1.10 with a decomposed granite trail and landscaping, then turning southerly across the Windward site, and then turning westerly to intersect back at Bolsa Chica Street. The trail will be located at the highest elevation of the project site providing an opportunity for a scenic overlook node offering trail users unobstructed views of Saddleback Mountain in south Orange County. The trail would feature interpretive signage that would provide users with information regarding the property's rich history. Ultimately, the trail system could be extended onto the Goodell property to create a network of trails that provide users with a variety of experiences. In addition to the open space areas, a 3,800 sq. ft. open space is proposed within the development to provide a recreational area for new residents to ensure that the new residents would not overload existing coastal recreation areas. The project does not propose entry gates or other entry or parking restrictions. Access to the street and on-street parking would be available to the general public. The project is in close proximity to similar developments, is consistent with the existing land use pattern in the area, and can be accommodated by existing infrastructure. Although the proposed project would result in development on the Bolsa Chica Mesa, the existing slope adjacent to the project site would be preserved in that no construction would occur other than minimal landscaping. In addition, the proposed drainage system would further protect the slope from potential impacts from runoff and erosion. Environmental impacts from the proposed project were analyzed in Draft MND No. 16- 003. Potential impacts have either been minimized through the project's design or can be mitigated so that all impacts would be less than significant. C. Urban Design Element Goal UD 2: Protect and enhance the City's public coastal views and Oceanside character and screen any uses that detract from the City's character. Objective UD 2.1: Minimize visual impacts of new development on public views to the coastal corridor, including views of the sea and wetlands. Policy UD 2.1.1: Require that new development be designed to consider coastal views in its massing, height and site orientation. The proposed design of the residential project would be consistent with existing residential uses in terms of density and scale. The proposed project would result in the preservation of approximately 8.7 acres of open space. As such, the project would retain existing public coastal views from the City-owned parcel north of the project site and the eastern half of the project site. The project would also preserve the existing slope along the eastern perimeter of the project site as a scenic resource. D. Recreation and Community Services Element Goal RCS 2: Provide adequately sized and located active and passive parklands to meet the recreational needs of existing and future residents, and to preserve natural resources within the City of Huntington Beach and its sphere of influence. Policy RCS 2.1.5: Provide for the inclusion of recreational trails in new developments which link with the existing or planned trails. Although the project is proposing to amend the existing land use designation from Open Space — Park to Residential Medium Density for the western 2.5 acres of the project site, G:PC 1N0A1171GPA 16-002-ZMA 16-003-ZTA 16-004-LCPA 16-002-TTM 16060-CUP 16-035-CDP 16-001_MND 16-003 (Windward) Attachment 1,11 the project would be providing for additional recreational opportunities. The project is proposing an approximately 3,800 square foot (0.09 acre) common open space area to provide a recreational amenity for the residents of the project. The project is also required to pay park in-lieu fees as required by the HBZSO to contribute to future recreational opportunities. The project is proposing to improve an existing 30-foot wide City-owned parcel located immediately north of the project site with a decomposed granite trail with native landscaping that would provide access from Bolsa Chica Street to the project site open space area. The proposed Specific Plan and Development Agreement would ensure the preservation of 8.7 acres of open space and the expansion of passive recreational opportunities within the Boise Chica area. Designed with interpretive signage and scenic overlooks, a trail system is proposed for the open space area to provide public access to the recreational resource. In this respect, the project would further recreational opportunities in the Balsa Chica area. MITIGATION MEASURES FOR ENVIRONMENTAL CONCERNS: 1. Prior to any development, the Applicant shall retain a City-approved Archaeologist who meets the Secretary of Interior Standards for both Archaeology and History. An Archaeological Mitigation and Monitoring Plan (AMMP) shall be developed prior to initiating construction to outline "controlled archaeological grading methods," which has been shown to be an effective investigative method for locating previously unknown resources on Balsa Chica Mesa. The plan shall include protocol for the mitigation of cultural resources through a research design and recovery/preservation plan, including significance testing of inadvertent archaeological finds; lab analysis, curatorial requirements, and reporting requirements; and identification of an acceptable repository for all recovered material with curatorial fees being paid by the Applicant. (Mitigation Measure) 2. In accordance with CR-1 and the AMMP, controlled archaeological grading shall occur across the entire Windward project site prior to the issuance of a grading permit for residential development of the project site. Archaeological grading shall consist of using mechanized equipment where the plowzone is removed in approximate 2 centimeter depth increments by a mechanical scraper, as part of the controlled grading effort and under the supervision of the archaeological site supervisor. The grading process shall be limited to slow excavation in small horizontal areas providing ultimate control. The archaeologist(s) and Native American Monitor(s) shall examine the soils as they are exposed. Previous investigation have shown that once below the plowzone, soils consist of: 1) basal midden remnants (beige-yellow in color) or 2) Pleistocene terrace deposits (red in color). Culturally- sterile Pleistocene terrace deposits are shallow at this location, reached at a maximum depth of 150cm below the surface. The entire process shall be monitored by both Gabrielino and Juaneno Native American monitors. Monitoring will occur with at least one archaeologist and one Native American monitor per equipment array that is operating. (Mitigation Measure) 3. All construction personnel shall be instructed to stop work on the project site in the event of a potential find, until the archaeologist and Native Monitors have been able to assess the significance of the find and implement appropriate measures as outlined in the AMMP to protect or scientifically remove the find. Construction personnel shall also be instructed that unauthorized collection of cultural resources is prohibited by law. If archaeological resources are discovered during ground-disturbing activities, the archaeologist has the authority to cease all earthwork in the immediate area of the finds (within 50 feet) until the find can be evaluated for significance. (Mitigation Measure) G:PC NOA1171GPA 16-002-ZMA 16-003-ZTA 16-004-1-CPA 16-002-TTM 18060-CUP 16-035-CDP 16-001_MND 16-003 (Windward) Attachment 1.12 In the absence of a determination, all archaeological resources shall be considered significant. If the resource is determined to be significant, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. (Mitigation Measure) 4. In the event cultural resources are exposed in any overlying basal midden remnants during the controlled archaeological grading, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. Specific protocol for uncovering the resource and analyzing its significance will be detailed within this plan. The protocol shall establish procedures for various types of archaeological resources that may be discovered. Because of their cultural significance, however, if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or religious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. (Mitigation Measure) 5. If human remains are discovered during construction or any earth-moving activities, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric, the Coroner must notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site and may recommend or deny scientific removal and nondestructive analysis of human remains. If the human remains are determined to be in situ, i.e., they have not been moved or relocated to the site of discovery, the preservation methods in CR- 4 shall apply. (Mitigation Measure) 6. Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the City that a City-approved paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre-grade conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. (Mitigation Measure) 7. Prior to construction-related ground disturbing activity, a qualified biologist shall survey the project site for presence of Southern tarplant during the appropriate blooming period, May — November. If feasible, the survey shall be conducted during the peak blooming period for the year. Any substantial occurrence (at least 500 mature individuals) shall be preserved on-site or relocated to open space areas in the Balsa Chica area. If relocation is required, a Southern tarplant relocation program shall be prepared by a qualified biologist and implemented prior to the onset of construction. (Mitigation Measure) 8. Prior to construction-related ground disturbing activity, focused burrowing owl surveys shall be conducted in accordance with the CBOC and California Department of Fish and Wildlife (CDFW) established protocols on the project site. G:PC NOA1171GPA 16-002-ZMA 16-003-ZTA 16-004-LCPA 16-002-UM 18060-CUP 16-035-CDP 16-001_MND 16-003 (Windward) Attachment 1.13 • If no occupied burrows are found, the methods and findings of the surveys shall be reported to the City and CDFW for review and approval and no further mitigation would be required. • If unoccupied burrows are found during the nonbreeding season, the burrows shall be collapsed or otherwise obstructed to prevent owls from entering and nesting in the burrows. • If occupied burrows are found, a buffer of 165 feet (during the nonbreeding season of September 1 through January 31) or 250 feet (during the breeding season of February 1 through August 31) shall be provided. The buffer area may be adjusted based on recommendations by a qualified biologist in consultation with the CDFW. No activity shall occur within the buffer area until a qualified biologist confirms that the burrow is no longer occupied. • lithe burrow is occupied by a nesting pair, a minimum of 6.5 acres of foraging habitat contiguous to the burrow shall be maintained until the breeding season is over. The 6.5 acres would consist of the five acres of the project site as well as the adjacent 6.2 acre Goodell property. The western portion of the Shea property is designated as permanent open space providing an additional 19 acres of foraging habitat. • If avoidance of an occupied burrow is not feasible, on-site passive relocation techniques approved by the CDFW shall be used to encourage the owls to move to an alternative borrow outside of the impact area. However, no occupied burrows shall be disturbed during the nesting season unless a qualified biologist verifies through noninvasive methods that juveniles from the occupied burrows are foraging independently and are capable of independent survival. (Mitigation Measure) CONDITIONS OF APPROVAL — TENTATIVE TRACT MAP NO. 18060: 1. The Tentative Tract Map No. 18060 received and dated March 17, 2017, shall be the approved layout. 2. The final map for Tentative Tract Map No. 18060 shall not be approved by the City Council until General Plan Amendment No. 16-002, Zoning Map Amendment No. 16-003, Zoning Text Amendment No. 16-004 are approved and in effect, and Local Coastal Program Amendment No. 16-002 has been approved by the California Coastal Commission for the Implementation Plan. 3. All street lighting, exterior residential lighting and recreational lighting adjacent to resource protection areas shall minimize impacts to wildlife within resource protection areas. 4. A Domestic Animal Control Plan shall be prepared that details methods to be used to prevent pets from entering any resource protection areas, including but not limited to, appropriate fencing and barrier plantings. 5. A Pesticide Management Plan shall be prepared that, at a minimum, prohibits the use of rodenticides, and restricts the use of pesticides and herbicides in outdoor areas, except Vector Control conducted by the City, County, or Special District. 6. Protective fencing or barriers shall be installed and maintained between the resource protection areas and areas developed for homes or recreational use for the purpose of G:PCINDA \171GPA 16-002-ZMA 16-003-ZTA 16-004-LCPA 16-002-TIM 18060-CUP 16-035-CDP 16-001_MND 16-003 (Windward) Attachment 1.14 minimizing human and domestic animal presence in resource protection areas, including restored and preserved wetland and ESHA buffer areas. Visual impacts created from any walls or barriers adjacent to open space conservation and passive recreational use areas shall be minimized through measures such as open fencing/wall design, landscape screening, use of undulating or off-set wall features, etc. 7. At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Departments of Community Development, Public Works, Fire and City Attorney's office for review and approval. The CC&Rs shall include the following: City Landscape Lot a. Provide for maintenance, repair and replacement by the Windward Homeowners Association (HOA) for all common area landscaping, irrigation, drainage facilities, water quality BMP's, and all private service utilities in the City Landscape Lot adjacent to and north of the Windward project site. b. The Windward Homeowners Association shall execute a Landscape Maintenance Agreement with the City for the continuing maintenance (including but not limited to: landscaping, decomposed granite trail, interpretive signage, open space trail fencing and bench seating) and liability of all landscaping, irrigation, water quality and drainage features associated with the proposed Public Open Space Areas indicated as "City Landscape Lot" on Tentative Tract Map 18060. The agreement shall describe all aspect of maintenance such as removal of trash, debris and silt buildup, removal/replacement of dead, damaged lawn (and any other plantings) resulting from public use of the trail system or any other aspect of maintenance, repair, replacement, liability, and fees imposed by the City. The Landscape Maintenance Agreement shall be referenced in the CC&Rs. Open Space Parcel c. Provide for maintenance, repair and replacement by the Windward Homeowners Association for all common area landscaping, irrigation, drainage facilities, water quality BMP's, and all private service utilities in the Open Space Parcel (2.5 acres) as identified on Tentative Tract Map No. 18060 for the Windward project site. d. The Windward Homeowners Association shall execute a Landscape Maintenance Agreement with the City for the continuing maintenance (including but not limited to: landscaping, decomposed granite trail, interpretive signage, open space trail fencing and bench seating) and liability of all landscaping, irrigation, water quality and drainage features associated with the proposed Public Open Space Areas indicated as "Open Space" (2.5 acres) on Tentative Tract Map No. 18060. The agreement shall describe all aspects of maintenance such as removal of trash, debris and silt buildup, removal/replacement of dead, damaged lawn (and any other plantings) resulting from public use of the trail system or any other aspect of maintenance, repair, replacement, liability, and fees imposed by the City. The Landscape Maintenance Agreement shall be referenced in the CC&Rs. e. The maintenance, repair, replacement in the subject open space area and the LMA execution (stated in Items "c" and "d" above) shall be the responsibility of the HOA until such time the subject Open Space parcel is transferred to a governmental agency or to a qualified non-profit organization. G:PCINIOA1171GPA 16-002-ZMA 16-003-ZTA 16-004-LCPA 16-002-1IM 18060-CUP 16-035-CDP 16-001_MND 16-003 (VVindwasd) Attachment 1.15 8. Prior to issuance of a grading permit and at least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Planning and Building Department. 9. Prior to issuance of building permits, an Affordable Housing In-Lieu Fee in the amount of $1,883,196 shall be paid to the City of Huntington Beach in accordance with the HBZSO and Windward Specific Plan. 10, Tentative Tract Map No. 18060 shall not become effective until General Plan Amendment No. 16-002, Zoning Map Amendment No. 16-004, Zoning Text Amendment No. 16-004, and Local Coastal Program Amendment No. 16-002 have been approved by the City Council and certified by the California Coastal Commission, and are in effect. 11. Comply with all applicable Conditional Use Permit No. 16-035 and Coastal Development Permit No. 16-018 conditions of approval. 12. Comply with all mitigation measures adopted for the project in conjunction with Mitigated Negative Declaration No. 16-003. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 16-035/ DEVELOPMENT AGREEMENT NO. 16-001: 1. The site plan, floor plans, and elevations received and dated January 17, 2017 and March 24, 2017 shall be the conceptually approved design. 2. Conditional Use Permit No. 16-035 and Development Agreement No. 16-001 shall not become effective until General Plan Amendment No. 16-002, Zoning Map Amendment No. 16-004, Zoning Text Amendment No. 16-004, and Local Coastal Program Amendment No. 16-002 have been approved by the City Council and certified by the California Coastal Commission, and are in effect. 3. The project shall comply with all mitigation measures adopted in conjunction with Draft Mitigated Negative Declaration No, 16-003. 4. At least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Community Development Department. 5. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be GrPCINOAN171GPA 16-002-ZMA 16-003-ZTA 16-004-LCPA 16-002-TTM 18060-CUP 16-035-CDP 16-001_MND 16-003 (Windward) Attachment 1.16 referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. Submit three (3) copies of the approved site plan and the processing fee to the Community Development Department for addressing of the new buildings/units. 6. Prior to issuance of building permits, the following shall be completed: a. Block wall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Community Development Department. Double walls shall be avoided to the greatest extent feasible. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls located on the subject property. Any removal of walls on private residential property and construction of new common walls shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. b. Contact the United States Postal Service for approval of mailbox location(s). c. An interim parking and building materials storage plan shall be submitted to the Community Development Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. 7. Prior to occupancy of the first residence, the following requirements shall be completed: a. The 30-foot wide City-owned parcel north of the project site and the 2.5-acre Windward open space parcel shall be improved with a landscaping and access trail. The applicant shall include language in the CC8Rs for the project that the trail shall remain open for public access and will not be closed off for the exclusive use of the residents of the proposed development. b. Signs identifying the public access and public use areas shall be provided. 8. Plans for the coastal access trail shall be submitted to the City of Huntington Beach concurrent with the project's plan check submittal. The plans for the trail shall include signage indicating public access and shall provide informational details about the entire coastal access path including length of the entire path to the Bolsa Chica Wetlands and nature of the terrain beyond the landscaped trail. 9. The developer shall design and improve, and the Windward Homeowners Association (HOA) shall maintain the linear open space along the north property line to the City of Huntington Beach design and maintenance standards for landscaped areas. 10. Prior to final inspection of the first residential unit, with exception of the model homes, the following requirements shall be completed: G:PC1NOAVI71GPA 16-002-ZMA 16-003-ZTA 16-004-LCPA16-002-rm 18060-CUP 16-035-CDP 16-001_MND 16-003 {Windward) Attachment 1,17 a. Landscape plans shall be prepared that prohibits the planting, naturalization or persistence of invasive plants, and encourages low-water plants, and plants primarily native to coastal Orange County. The plans shall be reviewed and approved by the City of Huntington Beach. b. Covenants, Conditions and Restrictions (CC&Rs) in a form approved by the Office of the City Attorney shall be recorded. The CC&Rs shall be binding on each of the lots, shall run with the land affected by the subdivision and shall be included or incorporated by reference in every deed transferring one or more lots in the subdivision. c. In order to ensure the continuance of habitat value and function of the adjacent designated Environmentally Sensitive Habitat Areas, the project applicant shall provide any buyer of a housing unit within the project an information packet that explains the sensitivity of the natural habitats adjacent to the project site and the need to minimize impacts on the designated resource protection areas, and the prohibition on landscaping that includes exotic invasive plant species on lots that are directly adjacent to a resource protection area. The information packet shall include a copy of the Domestic Animal Control Plan and Pest Management Plan and be required for all sales of housing units pursuant to the CC&Rs. The project applicant shall provide the City with a copy of the information packet. d. Walls, fences, gates and boundary treatments shall use wood, wrought iron, frosted or partially-frosted glass or other visually permeable barriers that are designed to prevent creation of bird strike hazard. Clear glass or plexigiass shall not be installed unless appliques (e.g. stickers/decals) designed to reduce bird-strike by reducing reflectivity and transparency are also used. 11. Signage shall be reviewed under separate permits and applicable processing. 12. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 13. The Development Services Departments (Fire, Community Development, and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. 14. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.orq/DisplayPacte.aspx?CateclorvID=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.orqkffeen-building- guidelines-rating ). G;PC1N0A117SGPA 16-002-ZMA 16-003-ZTA 16-004-LCPA 16-002-TTM 18060-CUP 16-035-CDP 16-001_MND 16-003 (Windward) Attachment 1.18 INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G:PCINOA1171GPA16-002-ZMA 16-003-ZTA 16.004-LCPA 16-002-TTM 18060-CUP 16-035-CDP 16-001 JVIND 16-003 (Windward) Attachment 1.19 RESOLUTION NO. 2017-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING GENERAL PLAN AMENDMENT NO. 16-002 WHEREAS, General Plan Amendment No. 16-002 proposes to amend Figure LU-5 of the Land Use Element of the City's General Plan to redesignate the land use designation of the real property consisting of an approximately 2,5-acre site generally located southeast of the intersection of Balsa Chica Street and Los Patos Avenue, as more particularly described as Exhibits "A" and "B" attached hereto, from Open Space — Parks (OS—P) to Residential Medium Density Fifteen Dwelling Units per Acre (R_M-15). Pursuant to California Government Code, the Planning Commission of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 16-002 and recommended approval of said entitlement to the City Council; and Pursuant to California Government Code, the City Council of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 16-002; and The City Council finds that said General Plan Amendment No. 16-002 is necessary for the changing needs and orderly development of the community, is necessary to accomplish refinement of the General Plan, and is consistent with other elements of the General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1: That the real property that is the subject of this Resolution (hereinafter referred to as the "Subject Property") is generally located southeast of the intersection of Balsa Chica Street and Los Paths Avenue, and is more particularly described in the legal description and map attached hereto as Exhibits "A" and "B", respectively, and incorporated by this reference as though fully set forth herein. 17-5696/157332/MV RESOLUTION NO. 2017-20 SECTION 2: That General Plan Amendment No. 16-002, which amends the General Plan Land Use designation from Open Space — Parks (OS—P) to Residential Medium Density — 15 dwelling units per acre (RM-15) for the subject site, is hereby approved. The Director of Community Development is hereby directed to prepare and file an amended Land Use Map. A copy of said map, as amended, shall be available for inspection in the Community Development Department. SECTION 3. That Resolution No. 2010-47 is hereby rescinded and repealed, PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of ,2017. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: mv City Manager Director of Community Development ATTACHMENTS Exhibit A: Exhibit B: Legal Description General Plan Land Use Map (Extract of Figure LU-5) 17-5696/157332/MV 2 EXHIBIT "A" RESIDENTIAL DEVELOPMENT SITE THAT PORTION OF SECTION 28, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA, CITY OF HUNGTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEASTERLY CORNER OF THAT CERTAIN 6.20 ACRE PARCEL OF LAND DESCRIBED IN A QUITCLAIM DEED TO DONALD E. GOODELL RECORDED NOVEMBER 5, 1959 IN BOOK 4960, RAGE 87 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER, AND AS SHOWN ON RECORD OF SURVEY 97-1000, PER NAP FILED IN BOOK 169, PAGES 25 THROUGH 36, INCLUSIVE, OF RECORD OF SURVEYS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE, ALONG THE NORTHERLY LINE OF SAID 6.20 ACRE PARCEL, SOUTH 89°58'30" WEST, 440.00 FEET TO A LINE PARATJ,EL WITH AND 33.00 FEET MASTERLY OF THE CENTERLINE OF BOLSA CHICA STREET, BEING THE WESTERLY LINE OF SAID SECTION 28 AS SHOWN ON SAID RECORD OF SURVEY 97-1000; THENCE, ALONG SAID PARALLEL LINE, NORTH 00°10 1 29" EAST, 26.00 FEET TO THE POINT OF BEGINNING; THENCE, NORTH 89°5830" EAST, 233.16 FEET; THENCE, NORTH 00°10'29" EAST, 465.79 FEET TO A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY OP THE SOUTHERLY LINE OF TRACT NO. 10853, IN SAID CITY OF HUNTINGTON BEACH, PER MAP FILED IN BOOK 513, PAGES 14 AND IS OF SAID MISCELLANEOUS MAPS; THENCE, ALONG SAID PARALLEL LINE, NORTH 89 0 35 1 35" WEST, 233.16 FEET TO SAID LINE PARALLEL WITH AND 33.00 FEET EASTERLY OF THE CENTERLINE OF BOLSA CHICA STREET; THENCE, ALONG SAID PARALLEL LINE, SOUTH 00°10'29" WEST, 467.55 FEET TO THE POINT OF BEGINNING. CONTAINING 2.50 ACRES, MORE OR LESS. VAPROJECTS120424491101surveyklegalARESIDENTIAL DEVELOPMENT SITE20160927.doe 1 OP 2 EXHIBIT "A" RESIDENTIAL DEVELOPMENT SITE ALSO AS SHOWN ON EXHIBIT 93" ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. PREPARED BY: STANTEC CONSULTING UNDER THE DIRECTION OF JAMES 0. STEINES, P.L.S, 6086 SEPTEMBER 27, 2016 J.N. 2042 449110 V:kPROJECTS12042449 LIONsurveyUegals1RESIDENTIAL DEVELOPMENT SITE 20 I 60927.doc 2 OF 2 RMH-25 Residential Medium/High Density Patos-Ave. 4 Subject Site ta tidav ResIdential open Space Medium Parks Density 0 — Open Space- Conservation Brightwater Dr. Recently Annexed Area Land Use Not Certified Exhibit B Amended General Plan Land Use Map (Extract of Figure LU-5) Legend RL-7: RM-15: RMH -25: OS-P: OS-C: Residential Low Density — 7 du/acre Residential Medium Density — 15 du/acre Residential Medium High Density —25 du/acre Open Space — Parks Open Space — Conservation ORDINANCE NO. 4134 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING DISTRICT MAP 33 (SECTIONAL MAP 28-5-11) OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO REZONE THE REAL PROPERTY GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF BOLSA CHICA STREET AND LOS PATOS AVENUE FROM RESIDENTIAL AGRICULTURE — COASTAL ZONE OVERLAY (RA-CZ) TO SPECIFIC PLAN — COASTAL ZONE OVERLAY (SP-CZ) (ZONING MAP AMENDMENT NO. 16-003) WHEREAS, pursuant to California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Map Amendment No. 16-003, which rezones the property generally located southeast of the intersection of Los Patos Avenue and Bolsa Chica Street from Residential Agriculture — Coastal Zone Overlay (RA-CZ) to Specific Plan — Coastal Zone Overlay (SP-CZ); and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That the real property that is the subject of this ordinance is generally bounded by the terminus of Los Patos Avenue to the north, Bolsa Chica Street to the west and the City of Huntington Beach corporate boundaries to the south, and is more particularly described in the legal description and map attached hereto as Exhibit A and, incorporated herein by this reference. SECTION 2: That the zoning designation of the Subject Property is hereby changed from RA-CZ (Residential Agriculture — Coastal Zone Overlay) to SP-CZ (Specific Plan — Coastal Zone Overlay). SECTION 3: That Huntington Beach Zoning and Subdivision Ordinance Section 201,04B District Map 33 (Sectional District Map 28-5-11) is hereby amended to reflect Zoning Map Amendment No. 16-003 as described herein. The Director of Community Development is 17-5696/157345/MV 1 APPROVED AS TO;M: City Attorney NITIATED AND APPROVED: ORDINANCE NO. 4134 hereby directed to prepare and file an amended map. A copy of said District Map, as amended, shall be available for inspection in the Office of the City Clerk. SECTION 4: This ordinance shall become effective immediately upon certification by the California Coastal Commission but not less than 30 days after its adoption. SECTION 5. Ordinance No. 3884 is hereby rescinded and repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: City Manager Director of Community Development ATTACHMENTS: Exhibit A: Legal Description Exhibit B: Amended Zoning Map 17-5696/157345/MV 2 EXHIBIT 'IA" SPECIFIC PLAN BOUNDARY THAT PORTION OF SECTION 28, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA, CITY OF HUNGTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEASTERLY CORNER OF THAT CERTAIN 6.20 ACRE PARCEL OF LAND DESCRIBED IN A QUITCLAIM DEED TO DONALD E. GOODELL RECORDED NOVEMBER 5, 1959 IN BOOK 4960, PAGE 87 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER, AND AS SHOWN ON RECORD OF SURVEY 97-1000, PER MAP FILED IN BOOK 169, PAGES 25 THROUGH 36, INCLUSIVE, OF RECORD OF SURVEYS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE, ALONG THE NORTHERLY LINE OF SAID 6.20 ACRE PARCEL, SOUTH 89°58'30° WEST, 440.00 FEET TO A LINE PARALLEL WITH AND 33.00 FEET EASTERLY OF THE CENTERLINE OF BOLSA CHICA STREET, BEING THE WESTERLY LINE OF SAID SECTION 28 AS SHOWN ON SAID RECORD OF SURVEY 97-1000; THENCE, ALONG SAID PARALLEL LINE, NORTH 00°10'29" EAST, 493.55 FEET TO A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF TRACT NO. 10853, IN SAID CITY OF HUNTINGTON BEACH, PER MAP FILED IN BOOK 513, PAGES 14 AND 15 OF SAID MISCELLANEOUS MAPS; THENCE, ALONG SAID PARALLEL LINE, SOUTH 89°35'35" EAST, 57.00 FEET TO THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARK DEDICATION PARCEL DESCRIBED IN A GRANT DEED TO THE CITY OF HUNTINGTON BEACH RECORDED FEBRUARY 28, 2000 AS INSTRUMENT NO. 20000104631 OF SAID OFFICIAL RECORDS; THENCE, ALONG THE WESTERLY LINE OF SAID PARK DEDICATION PARCEL, NORTH 00°10'29" EAST, 30.00 FEET TO THE NORTHWESTERLY CORNER OF SAID PARK DEDICATION PARCEL; THENCE, ALONG THE NORTHERLY LINE OF SAID PARK DEDICATION PARCEL, • SOUTH 89°35'35" EAST, 383.00 FEET TO THE NORTHEASTERLY CORNER OF SAID PARK DEDICATION PARCEL AND THE NORTHWESTERLY CORNER OF TRACT NO. 15377, IN SAID CITY OF HUNTINGTON BEACH, PER MAP FILED IN BOOK 950, PAGES 19 THROUGH 27, INCLUSIVE, OF SAID MISCELLANEOUS MAPS; THENCE, ALONG THE EASTERLY LINE OF SAID PARK DEDICATION PARCEL AND CONTINUING ALONG SAID WESTERLY LINE OF TRACT NO. 15377, SOUTH 00 0 10 1 29° EAST, 520.23 FEET TO THE POINT OF BEGINNING. CONTAINING 5.23 ACRES, MORE OR LESS. V:TROJECTS12042449 I OlsuntePegatASPECIFIC PLAN BOUNDARY_2111609274oc 1 OP 2 PREPARED BY: STANTEC CONSULTING UNDER THE DIRECTION OF: JAMES 0. STEINES, P.L.S. 6086 SEPTEMBER 27, 2016 J.N. 2042 449110 EXHIBIT "A" SPECIFIC PLAN BOUNDARY ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. VAPROJECTS\20424491 ICAsurveyklegalASPECIFIC PLAN BOUNDARY_20160927,dac 2 OF 2 Brightwater. Dr. SP15-CZ Brightwater Specific'Plan (Undesignated) RL si ential Low Density Sam:love SP16—CZ Specific Plan Coastal Zone Planned Community County of Orange Coastal . Conservation Subject Site Exhibit B Amended Zoning Map Legend RL: RMH: SP-15: SP-16: CC: CZ: Residential Low Density Residential Medium High Density Specific Plan 15 (Brightwater) Specific Plan 16 (Windward) Coastal Conservation Coastal Zone Overlay RESOLUTION NO. 2017-19 AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON, CALIFORNIA, ADOPTING ZONING TEXT AMENDMENT NO. 16-004 BY CREATING THE WINDWARD SPECIFIC PLAN (SP-16) TO APPLY TO REAL PROPERTY SOUTHEAST OF THE INTERSECTION OF BOLSA CHICA STREET AND LOS PATOS AVENUE WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate public hearings relative to Zoning Text Amendment No. 16-004, wherein both bodies have carefully considered all information presented at said meetings, and after due consideration of the findings and recommendations of the Planning Commission and all other evidence presented to the City Council, the City Council finds that such zone change is proper and consistent with the General Plan. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Huntington Beach does hereby resolves as follows: SECTION 1: The Windward Specific Plan is consistent with the adopted Land Use Element of the General Plan, and other applicable policies and is compatible with surrounding development. SECTION 2: The Windward Specific Plan enhances the potential for superior urban design in comparison with the development standards under the base district provisions that would apply if the Plan were not approved. SECTION 3. The deviations from the base district provisions that otherwise would apply are justified by the compensating benefits of the Windward Specific Plan, which maintains significant and well located public open space and scenic vistas of the Balsa Chica area. SECTION 4: The Windward Specific Plan includes adequate provisions for utilities, services, and emergency vehicle and public service demands and will not exceed the capacity of existing and planned systems. 17-5696/157334/MV 1 RESOLUTION NO. 2017-19 SECTION 5: That the real property subject to this Resolution is southeast of the intersection of Bolsa Chica Street and Los Patos Avenue, and is more particularly described in the legal description and sketch collectively attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. SECTION 6: The Windward Specific Plan, attached herein as Exhibit "B" and incorporated by this reference as though fully set forth herein, is hereby adopted and approved. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: City Manager Director of Community Development ATTACHMENTS: Exhibit A: Legal Description Exhibit B: Specific Plan No. 16 — Windward Specific Plan 17-5696/157334/MV 2 EXHIBIT "A" SPECIFIC PLAN BOUNDARY THAT PORTION OF SECTION 28, TOWNSHIP 5 SOUTH, RANGE 11 WEST, fl' THE RANCHO LA BOLSA CHICA, CITY OF HUNGTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THAT CERTAIN 6.20 ACRE PARCEL . OF LAND DESCRIBED IN A QUITCLAIM DEED TO DONALD E. GOODELL RECORDED NOVEMBER 5, 1959 IN BOOK 4960, PAGE. 87 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER, AND AS SHOWN ON RECORD OF SURVEY 97-1000, PER MAP FILED IN BOOK 169, PAGES 25 THROUGH 36, INCLUSIVE, OF RECORD OF SURVEYS, IN SAID OFFICE OF THE COUNTY RECORDERS THENCE, ALONG THE NORTHERLY LINE OF SAID 6.20 ACRE PARCEL, SOUTH 89°58'30" WEST, 440.00 FEET TO A LINE PARALLEL WITH AND 33.00 FEET EASTERLY OF THE CENTERLINE OF BOLSA CHICA STREET, BEING THE WESTERLY LINE OF SAID SECTION 28 AS SHOWN ON SAID RECORD OF SURVEY 97-1000; THENCE, ALONG SAID PARALLEL LINE, NORTH 00°10'29" EAST, 492.55 FEET TO A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF TRACT NO. 10853, IN SAID CITY OF HUNTINGTON BEACH, PER MAP FILED IN BOOK 513, PAGES 14 AND 15 OF SAID MISCELLANEOUS MAPS; THENCE, ALONG SAID PARALLEL LINZ, SOUTH 89°35'35" EAST, 57.00 FEET TO THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARK DEDICATION PARCEL DESCRIBED IN A GRANT DEED TO THE CITY OF HUNTINGTON BEACH RECORDED FEBRUARY 28, 2000 AS. INSTRUMENT NO. 20000104631 OF SAID OFFICIAL RECORDS; THENCE, ALONG THE WESTERLY LINE OF SAID PARK DEDICATION PARCEL, NORTH 00 0 10 1 29" EAST, 30.00 FEET TO THE NORTHWESTERLY CORNER OF SAID PARK DEDICATION PARCEL; THENCE, ALONG THE NORTHERLY LINE OF SAID PARK DEDICATION PARCEL, SOUTH 89 0 3535" EAST, 383.00 FEET TO THE NORTHEASTERLY CORNER OF SAID PARK DEDICATION PARCEL AND THE NORTHWESTERLY CORNER OF TRACT NO. . 15377, IN SAID CITY OF HUNTINGTON BEACH, PER MAP FILED IN BOOK 950, PAGES 19 THROUGH 27, INCLUSIVE, OF SAID MISCELLANEOUS MAPS; THENCE, ALONG THE EASTERLY LINE OF SAID PARK DEDICATION PARCEL AND CONTINUING ALONG SAID WESTERLY LINE OF TRACT NO. 15377, SOUTH 00°10'29" EAST, 520.23 FEET TO THE POINT OF BEGINNING. CONTAINING 5.23 ACRES, MORE OR LESS. VAPROJECTS \20424491 OlgurveyVegalek. SPECIFIC PLAN HOUNDARY,201609274ot 1 OF 2 PREPARED BY: STANTEC CONSULTING UNDER THE DIRECTION OF SEPTEMBER 27, 2016 J.N. 2042 449110 EXHIBIT "A" SPECIFIC PLAN BOUNDARY ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. VAPROJECTSl2Q424491 ICAsurveyVegalsISPRCIFIC PLAN BOUNDARY,_20160927.doc 2 OF 2 RESOLUTION NO. 2017-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 16-002 TO AMEND THE LOCAL COASTAL PROGRAM LAND USE PLAN AND IMPLEMENTING ORDINANCES TO AMEND ZONE 2— LAND USE PLAN OF THE CITY'S COASTAL ELEMENT FOR THE REAL PROPERTY GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF BOLSA CHICA STREET AND LOS PATOS AVENUE AND TO REFLECT ZONING TEXT AMENDMENT NO. 16-004 AND ZONING MAP AMENDMENT NO. 16-003 AND REQUESTING CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, after notice duly given pursuant to Government Code Section 65090 and Public Resources Code Section 30503 and 30510, the Planning Commission of the City of Huntington Beach held public hearings to consider the adoption of the Huntington Beach Local Coastal Program Amendment No. 16-002; and Such amendment was recommended to the City Council for adoption; and The City Council, after giving notice as prescribed by law, held at least one public hearing on the proposed Huntington Beach Local Coastal Program Amendment No. 16-002, and the City Council finds that the proposed amendment is consistent with the Huntington Beach General Plan, the Certified Huntington Beach Local Coastal Program (including the Land Use Plan), and Chapter 6 of the California Coastal Act; and The City Council of the City of Huntington Beach intends to implement the Local Coastal Program in a manner fully consistent with the California Coastal Act, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1: That the real property that is the subject of this Resolution is generally located southeast of the intersection of Bolsa Chica Street and Los Pates Avenue and consists of approximately 2.5 acres within the City of Huntington Beach (Exhibit A). SECTION 2: That the Local Coastal Program (Coastal Element) for the Subject Property is hereby changed to reflect a change in the land use designation for the subject property from Open Space — Parks (OS—P) to Residential Medium Density — 15 dwelling units per acre (RM-15) for the eastern half of the subject site (Exhibit B). 17-5696/157342/MV 1 RESOLUTION NO. 2017-18 SECTION 3: That the Huntington Beach Local Coastal Program Amendment No, 16- 002 also consists of Zoning Text Amendment No. 16-004 and Zoning Map Amendment No. 16- 003, a copy of which is attached hereto as Exhibits C & D, and incorporated by this reference as though fully set forth herein. SECTION 4: That the California Coastal Commission is hereby requested to consider, approve and certify Huntington Beach Local Coastal Program Amendment No. 16-002. SECTION 5: That pursuant to Section 13551(b) of the Coastal Commission Regulations, Huntington Beach Local Coastal Program Amendment No. 16-002 will take effect automatically upon Coastal Commission approval, as provided in Public Resources Code Sections 30512, 30513 and 30519. SECTION 6: That Resolution No. 2010-48 is hereby rescinded and repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting hereof held on the day of 2017. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: City Manager ATTACHMENTS: INITIATED AND APPROVED: A.M.1 Director of Community Development Exhibit A: Location Map Exhibit B: Amended Land Use Plan (Extract of Figure C-6 of the Coastal Element) Exhibit C: Zoning Text Amendment No. 16-004 Exhibit D: Zoning Map Amendment No. 16-003 17-5696/157342/MV 2 Exhibit A — Location Map -Fluntington , Harbour Warnr ki(e. Project1Site 5 acres Los. Patos County of Orange Exhibit B Amended Land Use Plan (Extract of Figure C-6 of Coastal Element) Legend RL-7: R1VI-15: RMH -25: OS-P: OS-C: Residential Low Density —7 du/acre Residential Medium Density — 15 du/acre Residential Medium High Density —25 du/acre Open Space — Parks Open Space — Conservation Coastal Zone Boundary Brightwater Dr. SP15-CZ Brightwater Specific1Plan (Undesignated) SP16-CZ Specific Plan Coastal Zone Planned Community County of Orange Coastal Conservation . CC Exhibit D Amended Zoning Map Legend RL: SP-15: SP-16: CC: CZ: Residential Low Density Residential Medium High Density Specific Plan 15 (Brightwater) Specific Plan 16 (Windward) Coastal Conservation Coastal Zone Overlay ORDINANCE NO, 4135 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SIGNAL LANDMARK (DEVELOPER) (DEVELOPMENT AGREEMENT NO, 16-001) WHEREAS, the Planning Commission approved Conditional Use Permit No. 16- 035, Coastal Development Permit No. 16-018, and Tentative Tract Map No. 18060 to develop an approximately 2.5-acre property located at 17202 Bolsa Chica Street (Property) with 36 townhome units with a 3,800 square feet of resident recreation area (Project) pursuant to the Windward Specific Plan; and The City and Developer each mutually desire to enter into a Development Agreement with one another to permit and ensure that the Property is developed in accordance with the approved Conditional Use Permit No. 16-035, Coastal Development Permit No. 16-018, and Tentative Tract Map No. 18060 and the Windward Specific Plan zoning regulations to achieve the mutually beneficial development of the Property. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That the City Council hereby finds that Development Agreement No. 16-001 conforms to Government Code Section 65864 et. seq. and that: a. Development Agreement No. 16-001 is consistent with the Huntington Beach General Plan; and b. Development Agreement No. 16-001 is consistent with Chapter 246 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), the Huntington Beach Municipal Code, and the Subdivision Map Act; and c. Development Agreement No. 16-001 will not be detrimental to the health, safety and general welfare, and will not adversely affect the orderly development of the property because it is consistent with applicable land use regulations of the zoning regulations in effect at the time of project approval, mitigation measures adopted for the Project in accordance with MND 16-003, and conditions approved for Conditional Use Permit No. 16-035, Coastal Development Permit No. 16-018, and Tentative Tract Map No. 18060; and 17-5696/157322/MV 1 ORDINANCE NO. 4135 d. The City Council has considered the fiscal effect of Development Agreement No. 16-001 on the City and the effect on public open space in the Bolsa Chica area and has balanced these needs against available fiscal and environmental resources. SECTION 2: Based on the above findings, the City Council of the City of Huntington Beach hereby approves Development Agreement No. 16-001 and adopts it by this ordinance pursuant to Government Code Section 65867.5. This action is subject to a referendum. SECTION 3: This ordinance shall take effect 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of ,2017. Mayor ATTEST: City Clerk Oie REVIEWED AND APPROVED: City Manager Director of Community Development ATTACHMENTS: Exhibit A: Development Agreement No. 16-001 17-5696/157322/MV WINDWARD RESIDENTIAL GPA No. 16-002 ZMA No. 16-003 ZTA No. 16-004 LCPA No. 16-002 ZTA No. 16-004 LCPA No. 16-002 DA No. 16-001 MND No. 16-003 17202 Bolsa Chica Street May 21, 2018 PROJECT LOCATION Windward Project Los Patos Ave.Bolsa Chica St.PROJECT SITE Project Site Parkside Property Goodell Property BACKGROUND In 2008—Signal Landmark proposed “The Ridge” ‒subdivision and development of a 22-unit single- family planned unit development on the 5-acre parcel ‒GPA: land use from OS-P to RL –7 units/acre‒GPA: land use from OS-P to RL –7 units/acre ‒ZMA: zoning from RA – CZ to RL – CZ ‒ZTA: amend PUD supplemental standards and provisions regarding public benefits and parking ‒LCPA: reflect the zoning map, zoning text, land use amendments BACKGROUND In 2010—City approval of “The Ridge” project ‒approved all proposed land use and zoning amendments ‒adopted a Mitigated Negative Declaration‒adopted a Mitigated Negative Declaration ‒submitted the LCPA to the CCC ‒August 2010: Bolsa Chica Land Trust filed litigation challenging City’s approval of MND ‒litigation stayed pending CCC decision ‒June 2014: City and Signal Landmark withdrew LCPA from consideration by the CCC BACKGROUND In 2016—Settlement Agreement ‒Acquisition Alternative: preserve both Windward and Goodell properties with option agreement with Trust for Public Land to purchase both properties w/in 18-for Public Land to purchase both properties w/in 18- month period ‒Development Alternative: allow Signal to pursue entitlements for residential development on western 2.5 acres, preserve eastern 2.5 acres for open space, and acquire 6.2-acre Goodell property for open space PROJECT OVERVIEW ‒General Plan Amendment: to amend the Land Use Designation from Open Space-Park to Residential Medium Density for western half (2.5 acres) of the sitesite ‒Zoning Map Amendment: to amend the zoning designation from Residential Agriculture-Coastal Zone Overlay to Specific Plan-Coastal Zone Overlay for entire 5.3-acre site PROJECT OVERVIEW ‒Zoning Text Amendment: to establish the Windward Specific Plan for the development of the residential project and dedication of open space ‒Local Coastal Program Amendment: to amend the certified Land Use Plan from Open Space-Park to Residential Medium Density for the western half of the site and to reflect the Zoning Map and Zoning Text Amendments PROJECT OVERVIEW ‒Development Agreement: to vest the proposed land use designations and standards for the development of 36 residential units for a 10-year term; to ensure the dedication of 8.7 acres of land for passive public the dedication of 8.7 acres of land for passive public open space to a governmental agency or a qualified non-profit organization ‒Mitigated Negative Declaration: to analyze the potential impacts associated with the project and legislative amendments COMMISSION ACTION June 27, 2017 Public Hearing ‒PC recommended approval of the MND, GPA, ZMA, ZTA, LCPA, and DA to the City Council ‒PC approved the Tentative Tract Map and ‒PC approved the Tentative Tract Map and Conditional Use Permit to permit 36 townhomes on the western 2.5 acres of the Windward site ‒PC continued the Coastal Development Permit to a date uncertain No appeal was filed on the project entitlements COORDINATION WITH CCC ‒Legislative amendments normally forwarded to City Council for review after PC action ‒Legislative amendments that need Coastal Commission review would be forwarded for review ‒City had an opportunity to work with Coastal ‒City had an opportunity to work with Coastal Commission to address concerns prior to City Council action to facilitate faster processing ‒Draft Windward Specific Plan and Development Agreement revised and reformatted to include changes requested by Coastal Commission ‒Modifications do not change the project approved by Planning Commission ANALYSIS: GPA ‒Change from Open Space- Park to Residential Medium Density is consistent with surrounding designationssurrounding designations ‒Change will not result in the loss of existing park space, passive public open space or planned future park and recreational opportunities ANALYSIS: ZMA ‒RA zoning designation no longer the appropriate zoning designation since no agricultural uses in over 11 agricultural uses in over 11 years ‒RM zoning compatible with existing zoning designations surrounding the project site as well as the proposed General Plan land use designation ANALYSIS: ZTA ‒Establish Windward Specific Plan for development of residential project and dedication of open space ‒Specific Plan determines land use, zoning, development standards, and infrastructure for the sitedevelopment standards, and infrastructure for the site ‒Medium density residential development for western half ‒Passive open space for eastern half to be dedicated to a governmental agency or a qualified non-profit organization ANALYSIS: LCPA ‒Site is not a park or recreational resource and not planned for future recreational use ‒Proposed amendment to the LUP will not result in the loss of a coastal recreational resourceloss of a coastal recreational resource ‒Existing recreational and open space opportunities are available in the vicinity that would serve the project’s residents ‒Project would contribute to the enhancement of coastal recreational resources through the preservation of 8.7 acres as open space area DEVELOPMENT AGREEMENT ‒The Agreement is consistent with the proposed Windward Specific Plan, General Plan, and Local Coastal Program land use designation for the site ‒Benefits: ‒Benefits: Developer—certainty in land use, density, and intensity of the Windward development City—dedication of 8.7 acres of land for passive public open space, improvements of the City- owned parcel and the Windward open space parcel with trails and landscaping, maintenance by the Windward Homeowners Association ENVIRONMENTAL REVIEW ‒MND No. 16-003 concludes less than significant impacts with mitigation measures proposed for Biological and Cultural Resources ‒Biological Resources: surveys to determine if two ‒Biological Resources: surveys to determine if two special status species on project site prior to construction and follow established protocols if fo und ‒Cultural Resources: archaeological and Native American monitoring during site grading and construction to ensure proper treatment of any resources discovered onsite SUMMARY ‒Will not result in significant adverse impacts to the environment ‒Proposed land use and zoning designations: consistent surrounding land use and zoning designations ‒LCPA: consistent with the Coastal Act and provides for ‒LCPA: consistent with the Coastal Act and provides for preservation and enhancement of existing coastal recreational resources and coastal access ‒SP: designed to address the comprehensive and unique development of the residential and open space areas of the project site ‒DA: consistent with SP, GP, and LCPA land use designation RECOMMENDATION ‒Approve environmental document and legislative amendments with suggested findings of approval and adopt corresponding ordinances and resolutions •Mitigated Negative Declaration •General Plan Amendment •Zoning Map Amendment •Zoning Text Amendment •Local Coastal Program Amendment •Development Agreement PUBLIC HEARING CITY OF HUNTINGTON BEACH Notice of Public Hearing on the Proposed City Budget for Fiscal Year 2018/2019 Notice is hereby given that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chambers of the Civic Center, Huntington Beach located at 2000 Main Street, at the hour of 6:00 PM, or as soon as possible thereafter on Monday, the 21st day of May 2018, for the purpose of considering the City Budget for Fiscal Year 2018/2019. The Proposed Budget for Fiscal Year 2018/2019 totals $373,127,959 including General Fund Expenditures of $228,371,521. The complete Proposed Budget for Fiscal Year 2018/2019 may be reviewed by the public from 8:00 AM to 5:00 PM, Monday through Friday in the City Clerk’s Office at City Hall, 2000 Main Street, second floor; the City’s Central Library located at 7111 Talbert Avenue; and all branch libraries. The public may obtain copies of the Proposed Budget for Fiscal Year 2018/2019 from the City’s website at http://www.huntingtonbeachca.gov. Pursuant to Huntington Beach Municipal Code Section 14.54.070, as part of the annual budget process, the sewer service user charges will be presented for receipt and file. All interested persons are invited to attend to express their opinions for, or against, the proposed fee revisions with written or oral comments. Written communications to the City Council should be mailed to the Office of the City Clerk at the address below. Further information may be obtained from the Finance Department, 2000 Main Street, Huntington Beach, CA, 92648-2702 or by telephone (714) 536-5630. The City of Huntington Beach endeavors to accommodate persons of handicapped status in the admission or access to, or treatment or employment in, city programs or activities. The City of Huntington Beach is an equal opportunity employer. Dated: May 3, 2018 City of Huntington Beach May 10, 2018 By: Robin Estanislau, City Clerk 2000 Main Street Huntington Beach, CA 92648-2702 Telephone: (714) 536-5405 ** Notice to City Clerk ** this copy to run twice in newsprint no later than 19 days prior to the Council Meeting date. Run in both display format and in legal section. HUNTINGTON BEACH CALIFORNIA • U.S.A. FY 2018/2019 Proposed Budget EXHIBIT A ***COMPLETE COPY ON FILE IN THE CITY CLERK'S OFFICE*** General Fund Amount Department FY 2018/19 Proposed Budget submitted on April 26, 2018 228,371,521 Citywide Total FY 2018/2019 General Fund Proposed Budget 228,371,521 All Funds Amount Department FY 2018/19 Proposed Budget submitted on April 26, 2018 373,127,959 Citywide Total FY 2018/2019 All Funds Proposed Budget 373,127,959 Exhibit A-1 City of Huntington Beach FY 2018/2019 Proposed Budget Appropriation Fund Title Revenue & Transfers In 100 General Fund 226,171,521 101 Specific Events 762,500 122 Inmate Welfare Fund 2,400 201 Air Quality Fund 250,000 204 Fourth of July Parade 400,000 206 Traffic Impact 100,000 207 Gas Tax Fund 3,509,732 210 Sewer 100,000 211 Drainage 100,000 213 Measure M Fund 3,387,672 215 Rehabilitation Loans 200,000 217 Affordable Housing In Lieu 15,000 219 Traffic Congestion Relief 42 1,514,723 228 Park Dev Impact - Residential 3,000,000 229 Library Dev Impact 60,000 233 Housing Residual Receipts 406,000 234 Disability Access Fund 84,000 239 CDBG 1,033,767 240 HOME 411,664 308 In-Lieu Parking Downtown 67,700 314 Infrastructure Fund 5,208,000 322 ELM Automation Fund 325,000 324 Equipment Fund 5,000,000 350 RORF 9,834,687 352 LMIHAF 406,000 401 Debt Svc HBPFA 5,042,595 405 Debt Svc Grand Coast CFD 2000-1 1,094,100 406 Debt Svc Mello Roos 263,060 408 Debt Svc McDonnell CFD 2002-1 394,577 410 Debt Svc Bella Terra 2,388,047 501 CUPA 271,970 504 Refuse Collection Service 12,014,786 506 Water 40,648,515 507 Water Master Plan 3,750,000 508 WOCWB 771,000 511 Sewer Service Fund 11,617,250 551 Self Insurance Workers' Compensation 7,194,055 552 Self Insurance General Liability 4,874,804 702 Retiree Insurance Fund 1,435,000 703 Retirement Supplement 4,000,000 704 Fire JPA Fund 401,156 709 BID - Hotel/Motel 4,032,820 710 BID - Downtown 110,000 711 Parking Structure-Bella Terra 626,289 712 Parking Structure-Strand 1,667,290 995 Hwy Safety Improvement Program 137,600 1224 OC Regional Narc Suppression 60,000 1228 CalRecycle City/County CRV 48,974 1233 OC RMDZ 5,250 1234 Sustainable Business Cert Program 20,000 1243 OCTA Grant/Shuttle Service 57,000 1246 CENIC E-Rate 65,965 1247 Arterial Rehabilitation 3,280,923 1249 Office of Traffic Safety 232,504 Total Revenue 368,855,896 Exhibit B City of Huntington Beach Estimated Revenue and Transfers In Fiscal Year 2018/19 Budget Department/Fund Title Appropriations & Transfers Out General Fund (Company 100) City Council 391,910 City Attorney 2,625,866 City Clerk 961,120 City Treasurer 240,745 City Manager 2,557,692 Community Development 7,760,350 Community Services 8,535,496 Finance 5,987,130 Fire 47,883,692 Human Resources 5,899,304 Information Services 7,111,312 Library Services 5,004,995 Police 76,906,975 Public Works 25,756,991 Non-Departmental 30,747,944 Sub-Total General Fund 228,371,521 Other Funds (Company Number and Title) 101 Specific Events 759,000 122 Inmate Welfare Fund 40,000 201 Air Quality Fund 266,115 204 Fourth of July Parade 430,490 207 Gas Tax Fund 2,718,000 209 Park Acquisition & Development 60,000 210 Sewer 2,500,000 213 Measure M Fund 3,613,473 214 Narcotics Forefeiture/State 26,000 215 Rehabilitation Loans 300,000 216 Property and Evidence 75,000 217 Affordable Housing In Lieu 37,000 219 Traffic Congestion Relief 42 1,232,000 225 Gun Range Settlement 50,000 226 Quimby Fund 1,058,516 228 Park Dev Impact - Residential 1,174,637 229 Library Dev Impact 50,000 233 Housing Residual Receipts 50,000 234 Disability Access Fund 84,000 239 CDBG 1,033,767 240 HOME 851,567 308 In-Lieu Parking Downtown 105,000 314 Infrastructure Fund 6,008,000 322 ELM Automation Fund 404,820 324 Equipment Fund 5,000,000 350 RORF 9,834,687 352 LMIHAF 796,618 401 Debt Svc HBPFA 5,042,595 405 Debt Svc Grand Coast CFD 2000-1 1,094,100 406 Debt Svc Mello Roos 263,060 408 Debt Svc McDonnell CFD 2002-1 394,577 410 Debt Svc Bella Terra 2,388,047 501 CUPA 252,519 504 Refuse Collection Service 12,056,902 506 Water 40,593,832 Other Funds (Company Number and Title) - Continued Exhibit C City of Huntington Beach Proposed Appropriations & Transfers Out Fiscal Year 2018/19 Budget 3 of 4 Department/Fund Title Appropriations & Transfers Out Exhibit C City of Huntington Beach Proposed Appropriations & Transfers Out Fiscal Year 2018/19 Budget 507 Water Master Plan 4,667,279 508 WOCWB 771,000 511 Sewer Service Fund 9,853,883 551 Self Insurance Workers' Compensation 7,194,055 552 Self Insurance General Liability 4,874,804 702 Retiree Insurance Fund 1,435,000 703 Retirement Supplement 4,000,000 704 Fire JPA Fund 541,137 709 BID - Hotel/Motel 4,032,820 710 BID - Downtown 110,000 711 Parking Structure-Bella Terra 626,289 712 Parking Structure-Strand 2,028,950 979 AB109 Public Safety Realignment 55,000 984 SLESF Grant 15,000 995 Hwy Safety Improvement Program 137,600 1224 OC Regional Narc Suppression 60,000 1228 CalRecycle City/County CRV 48,974 1233 OC RMDZ 5,250 1234 Sustainable Business Cert Program 20,000 1243 OCTA Grant/Shuttle Service 57,000 1246 CENIC E-Rate 65,965 1247 Arterial Rehabilitation 3,280,923 1249 Office of Traffic Safety 231,185 Sub-Total Other Funds 144,756,438 Total City Appropriations 373,127,959 4 of 4 City of Huntington Beach City Council Proposed Budget – FY 2018/19 Mayor Mayor Pro-Tem City Council Member (5) Administrative Assistant 1 EXHIBIT D City of Huntington Beach City Attorney Proposed Budget – FY 2018/19 LITIGATION City Attorney COMMUNITY PROSECUTION Deputy Community Prosecutor Senior Trial Counsel Senior Deputy City Attorney (2) ADMINISTRATION Legal Assistant (3) Chief Assistant City Attorney ADVISORY Assistant City Attorney Deputy City Attorney III 2 EXHIBIT D City of Huntington Beach City Clerk Proposed Budget – FY 2018/19 City Clerk Assistant City Clerk Senior Deputy City Clerk Senior Deputy City Clerk RECORDS MANAGEMENT ADMINISTRATION, PUBLIC SUPPORT & ELECTIONS 3 EXHIBIT D City of Huntington Beach City Treasurer Proposed Budget – FY 2018/19 City Treasurer Administrative Analyst (0.50) Administrative Assistant (0.50) 4 EXHIBIT D City of Huntington Beach City Manager Proposed Budget – FY 2018/19 City Manager ADMINISTRATION Assistant City Manager Assistant to the City Manager Energy Project Manager Executive Assistant OFFICE OF BUSINESS DEVELOPMENT PUBLIC INFORMATION Community Relations Officer Deputy Director of Economic Development Economic Development Project Manager Real Estate & Project Manager Administrative Analyst Administrative Assistant Administrative Secretary (.50) Administrative Aide 5 EXHIBIT D City of Huntington Beach Community Development Proposed Budget – FY 2018/19 Director of Community Development ADMINISTRATION Administrative Analyst Senior Administrative Assistant Administrative Secretary (2) Office Assistant II INSPECTION SERVICES Inspection Supervisor (2) Principal Electrical Inspector Principal Plumbing & Mechanical Inspector Building Inspector I/II/III (9) PERMIT & PLAN CHECK SERVICES Building Manager Plan Check Engineer (2) Permit & Plan Check Supervisor Senior Permit Technician (3) PLANNING NEIGHBORHOOD PRESERVATION & CODE ENFORCEMENT Code Enforcement Supervisor Senior Code Enforcement Officer Code Enforcement Officer II (2) Code Enforcement Officer I Code Enforcement Technician CURRENT PLANNING Planning Manager Senior Planner (1) Associate Planner (3) Assistant Planner ADVANCE PLANNING Planning Manager Senior Planner (2) Associate Planner (1) Assistant Planner Deputy Director of Community Development PLANNING COMMISSION 6 EXHIBIT D City of Huntington Beach Community Services Proposed Budget – FY 2018/19 Director of Community Services ADMINISTRATION Administrative Analyst Senior Administrative Assistant FACILITIES & DEVELOPMENT Community Services Manager Administrative Secretary PARK ACQUISITION AND DEVELOPMENT Assistant Planner PARKING & CAMPING Supervisor Parking & Camping Facilities Community Services & Recreation Specialist Parking & Camping Crewleader Parking & Camping Leadworker Parking & Camping Assistant PARKING METERS Parking Meter Repair Technician Parking Meter Repair Worker (2) HCP SPORTS COMPLEX Community Services Recreation Supervisor Maintenance Service Worker SPECIFIC EVENTS Community Services Recreation Supervisor RECREATION, HUMAN & CULTURAL SERVICES Community Services Manager Community Services & Recreation Specialist SENIOR SERVICES Senior Supervisor Human Services Office Assistant II Volunteer Services Coordinator Social Worker Senior Services Transportation Coordinator Senior Services Assistant Community Services & Recreation Specialist SENIOR RECREATION Community Services Recreation Supervisor Community Services & Recreation Specialist CULTURAL SERVICES Senior Supervisor Cultural Affairs Community Services & Recreation Specialist CITY GYM & POOL Community Services Recreation Supervisor Community Services & Recreation Specialist EDISON CENTER Community Services Recreation Supervisor Community Services & Recreation Specialist MURDY CENTER Community Services Recreation Supervisor Community Services & Recreation Specialist 7 EXHIBIT D City of Huntington Beach Finance Proposed Budget – FY 2018/19 Chief Financial Officer ADMINISTRATION Administrative Assistant (1.5) ACCOUNTING SERVICES FISCAL SERVICES Finance Manager – Fiscal Services MUNICIPAL SERVICES Senior Accounting Technician Accounting Technician II (2) BUSINESS LICENSE Business License Supervisor Senior Accounting Technician Accounting Technician II (2) Field Service Representative PROCUREMENT Buyer (2) REPROGRAPHICS MAIL Finance Manager - Accounting GENERAL ACCOUNTING Project Manager Senior Accountant ACCOUNTS PAYABLE Senior Accounting Technician Accounting Technician II (2) PAYROLL Payroll Specialist Senior Payroll Technician (2) CASHIERING & COLLECTIONS SERVICES Finance Manager – Treasury Administrative Analyst (0.5) Accounting Technician Supervisor CASHIERING Accounting Technician II (2) ACCOUNTS RECEIVABLE/ COLLECTIONS Accounting Technician II BUDGET MANAGEMENT Finance Manager - Budget Senior Finance Analyst (4) 8 EXHIBIT D City of Huntington Beach Fire Proposed Budget – FY 2018/19 Fire Chief ADMINISTRATION Administrative Analyst Sr (2) Administrative Aide Administrative Assistant FIREMED Fire Medical Coordinator Accounting Technician II (2) Office Assistant II EMERGENCY MANAGEMENT & HOMELAND SECURITY Fire Battalion Chief Emergency Services Coordinator CENTRAL NET OPERATIONS AUTHORITY Fire Training Maintenance Technician Administrative Secretary FIRE PREVENTION Fire Division Chief Administrative Secretary PROGRAMS Assistant Fire Marshal Fire Protection Analyst (2) Fire Prevention Inspector (3) Senior Permit Technician CERTIFIED UNIFIED PROGRAM AGENCY Fire Prevention Inspector Administrative Secretary EMERGENCY RESPONSE Fire Division Chief FIRE SUPPRESSION Fire Battalion Chief (3) Administrative Fire Captain (2) Fire Captain (30) Fire Engineer (30) Firefighter Paramedic (48) Firefighter (12) Ambulance Operator (30) TRAINING Fire Battalion Chief Administrative Fire Captain EMERGENCY MEDICAL SERVICES Emergency Medical Services Coordinator ADMINISTRATION MARINE SAFETY Marine Safety Division Chief Marine Safety Lieutenant (3) Marine Safety Officer II (10) Administrative Secretary 9 EXHIBIT D City of Huntington Beach Human Resources Proposed Budget – FY 2018/19 Director of Human Resources RISK MANAGEMENT RECRUITMENT & SELECTION LIABILITY Risk Manager Liability Claims Coordinator Risk Management Specialist (2) SAFETY / WORKERS COMPENSATION Senior Risk Management Analyst Personnel Analyst Senior Personnel Assistant BENEFITS & TRAINING Human Resources Manager Personnel Analyst Senior Personnel Assistant (2) LABOR Personnel Analyst Principal Personnel Analyst Senior Administrative Assistant 10 EXHIBIT D City of Huntington Beach Information Services Proposed Budget – FY 2018/19 ADMINISTRATION Administrative Assistant Info Tech Manager - Operations IT Analyst Senior IT Technician Senior IT Technician III IT Technician I GIS Analyst II (4) Chief Information Officer INFRASTRUCTURE SYSTEMS CUSTOMER SUPPORT APPLICATIONS AND DATABASE SUPPORT PUBLIC SAFETY SYSTEMS Info Tech Manager - Systems (0.50) IT Analyst Senior IT Analyst IV (2) IT Analyst II IT Technician IV Info Tech Manager - Infrastructure Network Systems Administrator IT Analyst Senior IT Technician Senior IT Analyst II Telecommunication Technician Senior Info Tech Manager - Systems (0.50) IT Analyst Senior (2) IT Analyst IV (2) IT Analyst III IT Analyst II IT Technician I 11 EXHIBIT D TECHNOLOGY & SUPPORT SERVICES City of Huntington Beach Library Services Proposed Budget – FY 2018/19 Director of Library Services Principal Librarian ADMINISTRATION & BUILDING MANAGEMENT Senior Librarian ADMINISTRATION Librarian Administrative Assistant Volunteer Services Coordinator FACILITY RENTALS FACILITIES MAINTENANCE Library Specialist YOUTH SERVICES & FAMILY PROGRAMMING Senior Librarian CHILDREN’S LIBRARY Library Services Clerk (2) PUBLIC SERVICES & COMMUNITY OUTREACH Senior Librarian PUBLIC SERVICES Librarian (2) Library Services Clerk (3.50) CIRCULATION Senior Library Specialist (0.75) SECURITY Media Services Specialist ADULT LITERACY Literacy Program Specialist (2) BRANCHES BANNING Library Specialist OAKVIEW Library Specialist HELEN MURPHY MAIN STREET Senior Librarian TECHNICAL SERVICES Librarian (2) Library Services Clerk ACQUISITIONS Accounting Technician II (2) 12 EXHIBIT D City of Huntington Beach Police Proposed Budget – FY 2018/19 Police Chief Administrative Assistant UNIFORM Police Captain PATROL Police Lieutenant (6) Police Sergeant (13) Police Officer (120) Police Recruit (4) Community Services Officer (4) TRAFFIC Police Lieutenant Police Sergeant (3) Police Officer (19) Police Records Specialist AIR SUPPORT Police Sergeant Police Officer (6) Senior Helicopter Maintenance Technician Helicopter Maintenance Technician PARKING ENFORCEMENT Parking/Traffic Control Supervisor Parking/Traffic Control Officer (16) SPECIAL ENFORCEMENT Police Sergeant (2) Police Officer (8) INVESTIGATIONS Police Captain INVESTIGATIONS Police Lieutenant Police Sergeant (3) Police Officer (22) Forensic Systems Specialist Crime Analyst Police Services Specialist Community Services Officer (4) NARCOTICS/VICE/INTEL/CTF Police Lieutenant Police Sergeant (2) Police Officer (12) Police Services Specialist Community Services Officer OCIAC TASK FORCE Police Officer JAIL Detention Administrator Detention Shift Supervisor (4) Detention Officer, Nurse (4) Detention Officer (9) ADMINISTRATIVE OPERATIONS Police Captain PROFESSIONAL STANDARDS Police Lieutenant Police Sergeant (2) Police Officer (2) SUPPORT SERVICES Police Administrative Services Division Manager Facilities Maintenance Crewleader Community Relations Specialist RECORDS Police Records Administrator Police Records Supervisor (3) Police Records Specialist (10) Police Records Technician (6) Police Services Specialist (5) Police Systems Coordinator TRAINING Police Sergeant Police Officer Police Services Specialist ALARMS Police Services Specialist PERSONNEL Administrative Analyst Senior Police Services Specialist BUDGET/PAYROLL Administrative Analyst Senior Accounting Technician II (3) COMMUNICATIONS Police Communications Manager Communications Supervisor (6) Communications Operator (18) GENERAL SERVICES/PROPERTY EVIDENCE Property and Evidence Supervisor Property and Evidence Officer (3) CRIME LAB Police Photo/Imaging Specialist Latent Fingerprint Examiner (2.50) Police Services Specialist Crime Scene Investigator (4) Community Services Officer (2) 13 EXHIBIT D GENERAL SERVICES City of Huntington Beach Public Works Proposed Budget – FY 2018/19 Director of Public Works ADMINISTRATION Project Manager Administrative Assistant Senior Accounting Technician Accounting Technician II Administrative Secretary Office Specialist ENGINEERING City Engineer CONSTRUCTION ENGINEERING Construction Manager Senior Construction Inspector (3) Survey Party Chief Survey Technician II (2) Contract Administrator (3) Construction Inspector II DESIGN ENGINEERING Senior Civil Engineer (2) Senior Engineering Technician DEVELOPMENT ENGINEERING Principal Civil Engineer Senior Civil Engineer (2) Senior Engineering Technician Civil Engineering Assistant WATER AND SEWER ENGINEERING Principal Civil Engineer (2) Senior Civil Engineer Civil Engineering Assistant (1) Associate Civil Engineer Assistant Civil Engineer STORM WATER QUALITY Principal Civil Engineer Admin. Environmental Specialist (2) TRANSPORTATION Transportation Manager ENGINEERING/ CIP Principal Civil Engineer Senior Traffic Engineer Traffic Engineering Technician SIGNAL & LIGHTS MAINTENANCE Traffic Signal/Light Crewleader Traffic Signal Electrician (2) Traffic Maint Service Worker (2) SIGNS & MARKINGS MAINTENANCE Signs & Markings Crewleader Signs Leadworker Signs/Markings Equipment Operator MAINTENANCE OPERATIONS Maintenance Operations Manager MAINTENANCE ADMINISTRATION Administrative Analyst Senior Administrative Secretary Accounting Technician II Office Assistant II LANDSCAPE MAINTENANCE Landscape Maintenance Supervisor Landscape Maintenance Crewleader Landscape Maint. Leadworker (3) Landscape Equipment Operator Pest Control Specialist Irrigation Specialist TREE MAINTENANCE Tree Maintenance Supervisor Tree Maintenance Crewleader Tree Maintenance Leadworker Tree Equipment Operator (3) Maintenance Service Worker STREET MAINTENANCE Street Maintenance Supervisor Street Maintenance Crewleader Street Maintenance Leadworker (2) Street Equipment Operator (3) Maintenance Service Worker (6) BEACH MAINTENANCE Beach Operations Supervisor Beach Maintenance Crewleader (2) Sr. Facilities Maintenance Technician Beach Equipment Operator (3) Beach Maintenance Service Worker UTILITIES Utilities Manager WATER & SEWER ADMINISTRATION Administrative Analyst Senior Water Conservation Coordinator Field Service Representative SCADA Coordinator SCADA Technician Warehousekeeper Equipment Support Assistant Stock Clerk Administrative Secretary Office Assistant II (2) WATER PRODUCTION/ QUALITY Water Production Supervisor Water Operations Crewleader Water Operations Leadworker (2) Water Systems Technician III (3) Water Systems Technician II (5) Water Quality Supervisor Water Quality Coordinator Cross Connection Control Specialist (2) Water Quality Technician WATER DISTRIBUTION/ METERS Water Distribution Supervisor Water Dist. Maint. Crewleader (2) Water Dist. Meters Crewleader Engineering Aide Water Dist. Maint. Leadworker (6) Water Dist. Meters Leadworker (2) Water Equipment Operator (4) Water Service Worker (13) Water Meter Repair Technician (5) Senior Water Meter Reader Field Service Representative Water Meter Reader (2) Accounting Technician II Water Utility Locator WASTEWATER Wastewater Supervisor Wastewater Ops Crewleader Wastewater Ops Leadworker (3) Wastewater Equipment Operator (5) Senior Wastewater Pump Mechanic Wastewater Pump Mechanic Wastewater Maint. Service Worker (7) General Services Manager GENERAL SERVICES ADMINISTRATION Code Enforcement Officer l Field Service Representative Office Assistant II FLEET MAINTENANCE Fleet Operations Supervisor Equip/Auto Maint. Crewleader (2) Equip/Auto Maint. Leadworker (3) Equipment Support Assistant Mechanic III (6) Mechanic II (4) FACILITY MAINTENANCE Facilities Maintenance Supervisor Facilities Maint. Crewleader (2) Facilities Maintenance Technician (3) Electrician Sr. Facilities Maintenance Technician 14 EXHIBIT D ATTACHMENT 3 Department Description Amount City Attorney Legal related professional services $117,865 City Clerk General Consulting Services as it relates to Records Retention such as legal counsel, annual review and update of the Retention Schedule, new legislation and other professional services $1,000 City Manager Professional services including federal and state consulting/lobbying services, financial consulting, legal services, real estate services, management/organization efficiency studies, business development, regulatory agency compliance, and other administrative and professional services related to the functions of municipal governance.$368,667 Community Development Professional services including planning and technical services, inspection services, plan check services and other professional services.$677,697 Community Services Design/Environmental/Architectural/Engineering, and other consulting and professional services.$195,000 Finance Audit Professional Services, Sales Tax Auditing, Property Tax Auditing, and other consulting and professional services.$261,700 Fire Fire and development plan check and inspection services; environmental and soils consulting; employment background and other investigative services; evaluation of emergency services; oil production inspections, evaluation of oil production system, testing and document preparation; paramedic/ambulance billing; physical examinations and pulmonary consulting for personnel; GEMT document prepartion; hazardous materials inspections of City businesses as part of the CUPA Program and other consulting and professional services.$526,491 Human Resources Professional services including legal, recruitment, medical professional, labor consulting and other consulting and professional services.$962,500 Information Services Consulting and other professional services related to Audit Security Services, Phone Support, Workshops for Business Intelligence, Infrastructure Systems, Public Safety Systems and Application and Database Support Divisions.$18,413 Police Psychological exams, background, polygraph, legal consultations, rape and medical exams, blood-withdraw technician service, annual medical physician review of facility and procedure services, crime prevention, juvenile diversion, gang prevention, hazmat physical exams, flight crew physicals, SWAT physical, hepatitis shots & TB testing and other related professional services.$335,825 Public Works Engineering/Design, Engineering Studies, Environmental Consulting Services, Inspection/Construction Management, Development Review, Plan Check Services, SCADA and related automation support, Water Quality Testing, Engineering/Technical Support, Litigation/Legal Services, Water Conservation Support Services, Water Qualtiy Testing Support Services, NPDES/FOG Inspection Services, Utilities and Refuse Rates and Financial Studies, Billing and Cashiering System Implementation Support, Professional Arborist Services, Traffic Studies, Special Training Services, Biologist Services, Facility Studies/Assessment, Facility Testing and Support Services, Fleet Studies $2,063,200 Non-Departmental Professional services including claims, litigation, auditing, recruitment services, appraisal, economic analysis, legal, housing compliance and other consulting and professional services. $471,948 Total Professional Services $6,000,306 Citywide (All Funds) CITY OF HUNTINGTON BEACH PROFESSIONAL SERVICES FISCAL YEAR 2018/19 ATTACHMENT 4 City of Huntington Beach Financial Policies Proposed Budget –FY 2018/19 ENTERPRISE FUNDS An Enterprise Fund is a type of proprietary fund used to report an activity for which a fee is charged to external users for goods or services. The City will set users fees for each enterprise fund at a rate that fully recovers the direct and indirect costs of providing service. The City will adjust user fees as necessary to ensure that enterprise funds do not collect revenues at a rate in excess of the fund’s operating, capital, and reserve requirements. Enterprise funds will be supported by their own rates and not subsidized by the General Fund. Water Fund o Reserve equal to 25% (33%)of the adopted annual operating budget to ensure adequate working capital for operating expense. Water Master Plan o One-hundred-fifty percent (150%) of the average planned Water Master Plan Capital Improvement Program for the following five years. o Cost of thirty (30) months of imported water needed to replace the production from the average City well. o Emergency: Cost to replace one groundwater well. Sewer Service Fund o Thirty-three percent (33%) of the adopted annual operating budget to ensure adequate working capital for operating expenses. o One-hundred percent (100%) of the average annual planned Capital Improvement Program for the following five years. o Emergency: Cost to replace one sewer lift station. No. Description Current Fee Recommended Fee Level % Cost Recovery Community Services Department Charge South Beach Attended Lots - 4th of July Flat Rate $25.00 (July 4th only) $30.00 for July 4th, plus $25.00 flat rate for each of two additional days immediately preceding and/or following July 4th as selected by the Director of Community Services N/A Charge Main Promenade Parking Structure (4th of July only) $27.00 $30.00 N/A Charge Main Promenade Parking Structure (two additional days immediately preceding and/or following July 4th as selected by the Director of Community Services) first 30 minutes, no charge first 30 minutes, no charge N/A Up to two hours (includes first 30 Minutes) $1.00/hour Up to two hours (includes first 30 Minutes) $2.00/hour N/A After two hours, $1.00/each 20 minutes After two hours, $2.00/each 20 minutes N/A Maximum Daily Rate $17.00 Maximum Daily Rate $27.00 N/A Evening Rate (after 9:00 pm - Prevailing Hourly Rate or $5.00) Evening Rate (after 9:00 pm - Prevailing Hourly Rate or $10.00) N/A FALSE ALARM/NON-EMERGENCY SERVICE CALLS (RESIDENTIAL & COMMERCIAL) No Change to F-233 to F-237 Fee Level. Only change was to add the footnote below. F-233 1 or 2 in 12-month period (No charge 1st 2 in 12 months) $ - $ - N/A F-234 3 in 12-month period $ 120 $ 120 N/A F-235 4 in 12-month period $ 245 $ 245 N/A F-236 5 in 12-month period $ 490 $ 490 N/A F-237 Each additional False Alarm Response over 5 in 12- month period $ 610 $ 610 N/A F-261 California Fire Code (CFC) Maintenance Testing and Inspection Electronic Report Submittal new N/A $12 per CFC regulated features for each submission or Actual Cost 100% No. Notes F-233 to F-237 Fire Department False alarms include (1) system or detector malfunction, including improper performance of fire alarm system that is not a result of a proper system response to environmental stimuli such as smoke or high heat conditions; and (2) unintentional system or detector operation (no fire), includes tripping an interior device unintentionally. Non-emergency service calls include (1) lock-ins (non-emergency), (2) smoke or odor removal (no fire), (3) removal of a victim from a stalled elevator that has known mechanical issues; (4) other abuses of Fire Department services for repeat non-emergency conditions (excludes medical). EXHIBIT A Master Fee and Charges Schedule FY 18-19 Adjustments Effective 7/1/2018 B Room Non Profit (501c3) ‐ Resident 51.00$ B Room 50.00$ Non Profit (501c3) ‐ Non Resident 63.00$ 60.00$ Business/private ‐Resident 83.00$ 80.00$ Business/private ‐Non Resident 95.00$ 90.00$ Balboa Room Non Profit (501c3) ‐ Resident 51.00$ Balboa Room 50.00$ Non Profit (501c3) ‐ Non Resident 63.00$ 60.00$ Business/private ‐Resident 76.00$ 80.00$ Business/private ‐Non Resident 89.00$ 90.00$ C Room (piano) Non Profit (501c3) ‐ Resident 76.00$ C Room (piano) 80.00$ Non Profit (501c3) ‐ Non Resident 89.00$ 90.00$ Business/private ‐Resident 114.00$ 115.00$ Business/private ‐Non Resident 127.00$ 130.00$ D Room Non Profit (501c3) ‐ Resident 76.00$ D Room 80.00$ Non Profit (501c3) ‐ Non Resident 89.00$ 90.00$ Business/private ‐Resident 114.00$ 115.00$ Business/private ‐Non Resident 127.00$ 130.00$ C/D Room Non Profit (501c3) ‐ Resident 139.00$ C/D Room 140.00$ Non Profit (501c3) ‐ Non Resident 164.00$ 165.00$ Business/private ‐Resident 202.00$ 200.00$ Business/private ‐Non Resident 228.00$ 230.00$ C/D Room Non Profit (501c3) ‐ Resident 759.00$ C/D Room 765.00$ flat rate package Non Profit (501c3) ‐ Non Resident 897.00$ flat rate package 900.00$ Fri/Saturday 6 hour minimum Business/private ‐Resident 1,104.00$ 8 hour maximum 1,100.00$ Business/private ‐Non Resident 1,242.00$ 1,255.00$ E Room Non Profit (501c3) ‐ Resident 51.00$ E Room 50.00$ Non Profit (501c3) ‐ Non Resident 63.00$ 60.00$ Business/private ‐Resident 70.00$ 70.00$ Business/private ‐Non Resident 83.00$ 80.00$ Maddy Room Non Profit (501c3) ‐ Resident 63.00$ Maddy Room 60.00$ Non Profit (501c3) ‐ Non Resident 76.00$ 80.00$ Business/private ‐Resident 95.00$ 95.00$ Business/private ‐Non Resident 108.00$ 110.00$ Talbert Room Non Profit (501c3) ‐ Resident 89.00$ Talbert Room 90.00$ Non Profit (501c3) ‐ Non Resident 101.00$ 100.00$ Business/private ‐Resident 139.00$ 140.00$ Business/private ‐Non Resident 152.00$ 150.00$ Library Theater Non Profit (501c3) ‐ Resident 115.00$ Library Theater 115.00$ Monday‐Friday before 5 pm Non Profit (501c3) ‐ Non Resident 144.00$ Monday‐Thursday 145.00$ Business/private ‐Resident 207.00$ 210.00$ Business/private ‐Non Resident 230.00$ 230.00$ Library Theater Non Profit (501c3) ‐ Resident 144.00$ Library Theater 145.00$ Monday‐Friday after 5 pm Non Profit (501c3) ‐ Non Resident 173.00$ Friday, Saturday, Sunday 175.00$ Saturday‐Sunday Business/private ‐Resident 316.00$ 320.00$ Business/private ‐Non Resident 345.00$ 350.00$ Tabby Theater Non Profit (501c3) ‐ Resident 76.00$ Tabby Theater 75.00$ Non Profit (501c3) ‐ Non Resident 95.00$ 95.00$ Business/private ‐Resident 159.00$ 160.00$ Business/private ‐Non Resident 190.00$ 190.00$ Charges for use of City Facilities may be waived for City or Library sponsored and co‐sponsored events. The Library Director with approval from the City Manager may provide limited discounts for those willing to commit to a long‐term use of the above facilities. All other Library Fees and Charges remain the same, unless noted above. Current Charges Recommended Charges Library - Charges Central Library Theater and Meeting Room Rental Charges Hourly Rate (unless otherwise noted) Effective 7/1/2018 PUBLIC HEARING CITY OF HUNTINGTON BEACH Notice of Public Hearing on the Adoption of Resolutions Amending the Comprehensive Fee Schedule Including City User Fees, Rates/Charges, and Development Fees Notice is hereby given that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chambers of the Civic Center, Huntington Beach located at 2000 Main Street, at the hour of 6:00 PM, or as soon as possible thereafter on Monday, the 21st day of May 2018, for the purpose of considering the Adoption of Resolutions Amending the Comprehensive Fee Schedule including City User Fees, Rates/Charges, and Development Fees. The revisions to be considered are for cost recovery purposes and to set charges for public access and use of certain City property for the purpose of raising revenue and fall under the responsibility of the following City Departments: Community Services Department Fire Department Library Services Department All interested persons are invited to attend to express their opinions for, or against, the proposed fee revisions with written or oral comments. Written communications to the City Council should be mailed to the Office of the City Clerk at the address below. Further information may be obtained from the Finance Department, 2000 Main Street, Huntington Beach, CA, 92648-2702 or by telephone (714) 536-5630. The City of Huntington Beach endeavors to accommodate persons of handicapped status in the admission or access to, or treatment or employment in, city programs or activities. The City of Huntington Beach is an equal opportunity employer. Dated: May 3, 2018 City of Huntington Beach May 10, 2018 By: Robin Estanislau, City Clerk 2000 Main Street Huntington Beach, CA 92648-2702 Telephone: (714) 536-5405 ** Notice to City Clerk ** this copy to run twice in newsprint no later than 19 days prior to the Council Meeting date. Run in both display format and in legal section. City of Huntington Beach MASTER FEE AND CHARGES SCHEDULE May 21, 2018 Presented by the Finance Department ADJUSTMENTS Master Fee and Charges Schedule Financial Best Practices are to update fees every 3 to 5 years The City completed a fee study in FY 2016/17 and adopted a new Master Fee and Charges Schedule Annual review of the Master Fee and Charges Schedule performed during annual budget process Generates $19.5M Citywide of which $18.3M is in General Fund Overall, the Citywide rate of recovery is 73% No net increases to budgeted revenues from proposed adjustments 2 Proposed Adjustments Community Services Department Permanently incorporate Parking Rates for 4th of July Events No change from prior years (revenue of $88,000 in FY2018/19) Fire Department California Fire Code (CFC) Maintenance Testing and Inspection Electronic Report Submittal Fee - New Direct bill by vendor - $12 or Actual Cost – no net impact to City revenues Library Services Department Minor modification of charges for rental of the theater and meeting room spaces No net impact to revenues 3 RecommendedAction •Adopt Resolution No. 2018-29, a Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 2016-59, Establishing the Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee Resolution No. 5) •Effective 7/1/2018 4 18 36 1 8 36 60 60 60 18 18 36 17 17 14 5 3 3 5 15 6 5 14 12 27 27 26 33 27 27 30 2332 21 32 27 26 20 32 26 26 32 26 32 24 31 20 48 54 42 54 41 54 45 45 54 48 486684 63 84 96 78 66 3 6 220002100020000190001800017000160001500014000100009000800070006000500040003000 ^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_ A A A A ÆP Æc Æc Æc Æc Æc #* #* #* #* #* #* #* #* #* #*#* #* Edison High School Golden West College Marina High Ocean View High Pegasus HopeView Mesa View SpringView LakeView CollegeView Ada E. Clegg/Helen Stacey Village View John R.Peterson MarineView Circle View GoldenView Samuel E.Talbert Agnes L.Smith John H.Eader IsojiroOka CardenConservatory S.A.Moffett BrethrenChristianHigh William T.Newland St. Bon-aventure Sts. Simon& Jude Seacliff Admin.Office ofCity SchoolDistrict CoastlineChristian RedeemerLutheran Kinder Care Warner ChristianAcademy Lamp & Light Christian HebrewAcademyTed FisherHead StartProgram LibertyChristian-Baptist Joseph R.Perry OceanViewSchoolDistrictEducationCenter Ralph E.Hawes Isaac L.SowersMiddle HuntingtonChristianChurchSchool Huntington BeachHigh School Harbour View Bright StarLearningCenter HeritageMontessori FirstChristian La PetiteAcademy LePortEducationalCenter Patti's Preschool& K indergarten GraceLutheran C. 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MarisaDr. Daisy Cir.Nearg a te Dr.Barclay Ln.6 th S t.Dr.Mero naDr.Abalone Ln.Jalm Dr.PhillipsParkQuietSandra Lee Ln.BrookLn.CoveCir.VillaLn.VistaBahiaDr.ViaVistaCir.Cir.De AnzaCir.Canada Ln.Calle Parque Dr.CalleCastorDelOro Cir.PocoCir.Cir.La Bonita Ln.St.SeaWayCir.St.Pacific Huntin g t o n Vi l l ageLn.Riverbend Dr.Quart e r h o r s e Ln.AndaluciaLn.PacificPointeDr. SeabourneDr.ShorelineLn.SinclairLn.Le Grande Ln.LaPacific Ave.Surfside Ave.Preakness Dr.Barw o o d D r.Wavecrest Cir.Summerwind Ln.Ln.SnapperHolland Dr.Rushmoor Ln.ManorfieldDr. Bershire Dr. Woodwind Dr.Pecan Ave.Dr.RainglenLn. Gardenia ShadyGlen Cir. PresidenteDr. MastDr. OronsayCir. SteeplechaseCir. MauretaniaCir. Indian WellsCir. Mari-gayleCir. TortugaDr.CaminoVineland Dr.FlintridgeLn.HigginsCir.WheelerCir.CottonwoodCir.PollardLn.Vista RomaValleyCir.BrookshireLn.WhitewaterVia EspanaLn.ArrowheadDr.Ln. Ca ban a Dr. Cape C oralLn.Cape Hope Utica Ave. Springfield Ave.Easy Ln.Grebe Ln.101. Osuna Cir.102. Vera Cir.103. Armilla Cir.104. Estepa Cir.105. Cieza Cir.106. Veleta Cir.107. Twin DolphinDr. 44. Whitestone Dr.45. Attleboro Cir.46. Windchild Ln.47. Cape Horn Dr.48. Galley Dr.49. Gypsy Moth Ln.50. Crew Dr.51. Creedmoor Dr.52. Weathersfield Ln.53. Longmeadow Dr.54. Bushwick Dr.Abigail Ln.SavannahRebeccaKendall Dr.Sage Dr.Noelle Dr. Hibiscus Cir.EleanorLn.Ln.Ln.KennedyLn.HayleyKateAveryLn.Ln.Ln.Rancho Rd.Heil Ave.Heil Ave.ParkAve.26th St.N. Pacific Ave. S. Pacific Ave. Bayview Dr. (Sunset)Broadway(Sunset)Anderson25th St.24th St.23rd St.22nd St.21st St.20th St.19th St.18th St.17th St.16th St.15th St.14th St.CanalWay12th St.11th St.10th St.9th St.8th St.7th St.6th St.5th St.4th St.3rd St.2nd St.Grunion108.109.110.111.112.113.114.115.108. Ridge Glen Dr. WildwoodCir. Dr. 109. Mission Glen Ct.110. Garden Glen Ct.111. Fountain Glen Dr.AngelfishLn.112. Harbor Glen Dr.113. Willow Glen Ct.114. Terrace Glen Ln.115. Village Glen Ln. PacificViewAve.Roxbury Ln.Lake St.Goldenwest St.Lake St.Paschalls Ln.Fortuna Ln.Thompson Dr.Lamb Ln.SnowdonLn.Hansen Ln.Patch Dr. Pioneer Dr. Sheridan Dr. Landers Dr.Slayback Ln.Wardlow Ln.Rustler Ct. Pacific CityCir. Moonstone Ct. Marina Viking Way 6. Brookwood Dr.7. Creek Ln.8. Park Forest Dr.9. Park Crest Ln.FivePoints Beachmont G oldenrodCir.Eucalypt usL n .BurrowsL n .Juniper Ln . Rivergate Dr.Cobblest on eLn.Shorebird Dr.Napili Ln.Kohala Ln.Kailua Ln.Poipu Ln.Waimea Dr.Makaha Ln.Haiku Ln.Lahaina Dr.Bolsa Ave. Indianapolis Ave.Indianapolis Ave.BrookhurstSt.Bushard St.BrookhurstSt.Edinger Ave. T a lb e r t A v e. Garfield Ave.MagnoliaSt.Newland St.Beach Blvd.Palm Ave. Yo rkto wn Ave .SeapointSt.Delaware St.Slater Ave.GrahamSt.McF adden Ave. Edinger Ave. Heil Ave. Warner Ave. Adams Ave.NewlandSt.BeachBlvd.Atlanta Ave.BeachBlvd.Gothard St.Lake St.Goldenwest St.Palm Ave.Springdale St.Springdale St.Graham St.Argosy Ave.Graham St.Pacific Coast H wy.Edwards St.Warner Ave. Center Ave.MagnoliaSt.Lake St.Rancho Rd.Pacific Coast Hwy.Newland St.Newland St.Edinger Ave. McFadden Ave.Bolsa Ave.SaybrookLn.Edinger Ave.BeachBlvd.McFadden Ave. Adams Ave. Pacific Coast Hwy. P acific C oast H w y. Garfield Ave.EdwardsSt.Atlanta Ave.Main St.Delaware St.Orange Ave.17th St.Talbert Ave.BushardSt.Adams Ave. Warner Ave. Heil Ave.Bolsa Chica St.Gothard St.GoldenwestSt.Slater Ave. Ellis Ave. Banning Ave.Algonquin St.Heil Ave.Main St.Pacific Coast Hwy. Hamilton Ave. Banning Ave. Hamilton Ave. Yorktown Ave. Atlanta Ave. Indianapolis Ave.Ward St.Brookhurst St.Magnolia St.Bushard St.Garfield Ave. Ellis Ave. Slater Ave. Warner Ave. Heil Ave. Talbert Ave.Magnolia St.Edinger Ave.Gothard St.Bolsa Ave.Goldenwest St.Edwards St.Springdale St.BolsaChicaSt.Yorktown Ave. Bolsa Chica W etlands HB UtilityOperationsYard HB CivicCenter HB VehicleMaintenanceYard HB LandscapeMaintenance Yard Boeing P A C I F I C O C E A N HB BeachMaintenanceYard HB Pier (County of Orange) R Surf City Huntington Beach N S EW Miles 0.5 0 0.5 Feet 2000 0 2000 4000 City of Huntington BeachFiber Master Plan GISDATA\\Projects\Administration\FiberWireless\FiberMasterPlan.mxd CAUTIONWHEN USING THIS MAP Information shown hereon is a compilation of data from sources of varying accuracy and is provided as a convenience to the user. The City of Huntington Beach does not guarantee its completeness or accuracy. It is the user's responsibility to verify all information to their own satisfaction. Information Services Department HB GISApril 2018 HB C ity Beach #*Community Centers #*Miscellaneous Facilities A Post Offices Æc Libraries ÆP Major Hospitals Golf Courses City Facilities Parks Schools Harbor / Channels^_Fire Stations ^_Police Stations Fiber Division, Status IT, Comple te d IT, Plann ed Traffic, Co mpleted Traffic, P la nne d Traffic/IT, Comp le te d