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HomeMy WebLinkAboutParkside Estates Subdivision - Tract 15377 - Approve and Acc �\tTINGTd o2000 Main Street, of 4 �� Huntington Beach,CA . 92648 City of Huntington Beach APPROVED 7-0 G wawy a ::,Z. cF�UUNT�� File #: 25-607 MEETING DATE: 11/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Bob Milani, Principal Civil Engineer Subject: Approve and Accept the Public Improvements and Release the Securities for Tract 15377 (Parkside Estates Subdivision) and Accept the Offers of Dedication Statement of Issue: Shea Homes Limited Partnership, A California Limited Partnership, the subdivider of Tract 15377, has completed all required public improvements and is now eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act. Financial Impact: Not Applicable. Recommended Action: A) Accept the improvements constructed and dedicated for public use with Tract 15377 and instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" with the Orange County Recorder. B) Release the Faithful Performance_ and Labor and Material Bond Nos. 0195156, 0195157, 0195158, 0195159, 0195160, 0195162, 0195163 and Monument Bond No. 0195155 pursuant to the California Government Code Section No. 66499.7(a); and, C) Accept Guarantee and Warranty Bond Nos. 0195156M, 0195157M, 0195158M, 0195159M, 0195160M, 0195162M, 0195163M; the security furnished for guarantee and warranty of the public improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, D) Release Guarantee. and Warranty Bond No. .0195161 M. E) Instruct the City Clerk to notify Shea Homes, the subdivider of Tract 15377, and the City Treasurer to notify Berkley Insurance Company, of these actions related to the bonds. City of Huntington Beach Page 1 of 4 Printed on 11/12/2025 powered by LegistarTM 908 File #: 25-607 MEETING DATE: 11/18/2025 F) Accept Offer of Dedication in Fee Title of Lots "A", "S", "B" and "X" of Tract 15377 and Instruct the City Clerk to record the Certificate of Acceptance. G) Accept Offer of Dedication the Easements over Lots "C", "N", "0" and "T" of Tract 15377,and Instruct the City Clerk to record the Certificate of Acceptance. Alternative Action(s): Provide staff alternate direction, noting that the City will need to comply with the project Conditions of Approval and the Subdivision Map Act, whereby: A. Section 66499.7 of the Government Code requires that the securities given for the faithful performance of constructing the public improvements shall be released upon acceptance of the work. B. Section 66499.9 of the Government Code, requires the Guarantee and Warranty of the work for a period of one year following completion and acceptance of the improvement, against any defective work, labor and materials furnished. Denying the acceptance of the Guarantee and Warranty bond may place undue burden and cost upon the city for correcting any defective work, labor and material provided by the subdivider. Analysis: On June 1, 2009, the City Council of the City of Huntington Beach took action and approved Tentative Tract Map No. 15377 and Entitlement Plan Amendment No. 08-08 with Findings and Conditions of Approval to subdivide approximately 45 acres into 111 single-family residential lots and 21 lettered lots consisting of restored and preserved wetlands and buffer area, protected Eucalyptus grove, a Natural Treatment System Water Quality Basin (NTS), a Vegetated Flood Protection Feature (VFPF), a trail system, and dedication and improvements of an approximately 1.0 acre public active park and 0.57 acre passive park. On December 7, 2015, the City Council approved Final Tract Map No. 15377 and the Subdivision Agreement between the City of Huntington Beach and Shea Homes and accepted the required bonds for the project's public improvements as follows: Monument Bond No. 0195155 (Survey Monumentation) Faithful Performance and Labor/Materials Bond No. 0195156 (Sewer & Water Improvements) Faithful Performance and Labor/Materials Bond No. 0195157 (Sewer Lift Station) Faithful Performance and Labor/Materials Bond No. 0195158 (Storm Drain Improvements) Faithful Performance and Labor/Materials Bond No. 0195159 (Street/Traffic Signal Improvements) Faithful Performance and Labor/Materials Bond No. 0195160 (C05 Channel Improvements) Faithful Performance and Labor/Materials Bond No. 0195161 (Slater Pump Station Improvements) Faithful Performance and Labor/Materials Bond No. 0195162 (Natural Treatment System) City of Huntington Beach Page 2 of 4 Printed on 11/12/2025 powered by LegistarT" 909 File #: 25-607 MEETING DATE: 11/18/2025 Faithful Performance and Labor/Materials Bond No. 0195163 (Grading and Graham Street Repair) The Slater Stormwater Pump Station was one of the first public improvements to be completed by Shea Homes and was accepted by the City Council on May 3, 2022, at which time the Faithful Performance and Labor/Materials Bond No. 0195161 wa's released and Guarantee and Warranty Bond No. 0195161M accepted as security for the one-year warranty period. The subdivider is now requesting release of the above-mentioned Guarantee and Warranty Bond as the warranty period has expired. Furthermore, the subdivider has completed the remaining public improvements and is requesting release of those securities. The improvements include Sewer and Water Systems, Sewer Lift Station, Storm Drain Improvements, Streets, Lighting and Traffic Signal Improvements, C05 Channel Improvements, Natural Treatment System, and all Grading and Graham Street Repairs. The City Engineer has determined that the public improvements have been constructed in substantial compliance with the approved plans and specifications and now recommends their acceptance. Shea Homes has provided Guarantee and Warranty Bond No. 0195156M, 0195157M, 0195158M, 0195159M, 0195160M, 0195162M, 0195163M as security for the one-year warranty period for these public improvements. Additionally, as a condition of the Coastal Development Permit (CDP) issued by the California Coastal Commission, Shea Homes irrevocably offered to dedicate the following lots to the City, with the understanding that the offers would be accepted by the City once the improvements are completed: Lots to be accepted in Fee Title: Lot "A" (Active Park), Lot "B" (Sewer Lift Station), Lot "S" (Passive Park) and Lot "X" (Natural Treatment System). Lots to be accepted in easement for public access and recreation: Lot "C" (Public Trail/Access Path), Lot "N" (Pedestrian Access/Levee Trail Connector), Lot "0" (Paseo Park/Public Access) and Lot "T" (Open Space/Public Access). All the improvements related to the above-specified lots have been completed and are ready for acceptance of the Offers of Dedication. Furthermore, the CDP stipulated that Lot "Y", the Vegetated Flood Protection Feature (VFPF), be transferred to the County of Orange and be maintained by the Orange County Flood Control District, with the exception that the vegetation covering the VFPF be maintained by the HOA. However, the County later asserted that the vegetation be maintained by the City before agreeing to accept ownership and maintenance of the VFPF. To facilitate this requirement, Shea Homes is working with the City on a pass-through agreement, whereby the City will accept the landscape maintenance responsibility and then delegate it to the Parkside Estates HOA via a separate agreement. The terms of these agreements are currently being negotiated, and they will be presented to City Council at a later date. PROJECT PROPOSAL SUBDIVIDER: Shea Homes Limited Partnership, 2 Ada, Suite 200, Irvine, CA, CA 92618 City of Huntington Beach Page 3 of 4 Printed on 11/12/2025 powered by LegistarT" 910 File #: 25-607 MEETING DATE: 11/18/2025 ENGINEER: Hunsaker and Associates, 3 Hughes, Irvine, CA 92618 LOCATION: 17301 Graham Street (west side of Graham Street, south of Warner Avenue, adjacent to the Wintersburg Flood Control Channel) NO. OF ACRES: 45 acres NO. OF NUMBERED LOTS: 111 NO. OF LETTERED LOTS: 21 NO. OF UNITS: 111 detached single family residential units Environmental Status: This recommended action is a ministerial act and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. Location Map 2. Notice of Acceptance of Public Improvements 3. Guarantee and Warranty Bonds 4. Final Tract Map 15377 5. Parkside Estate City and California Coastal Commission Conditions of Approval 6. Certificate of Acceptance in Fee Lots A, S, B, and X 7. Certificate of Acceptance of Easement over Lots C, N, 0, and T 8. PowerPoint Presentation City of Huntington Beach Page 4 of 4 Printed on 11/12/2025. powered by LegistarTM 911 o,� L_ �o 405 BOLSA AVE. (~I) " (~f) cn c~n Mc FADDEN AVE. /<\�/ EDINGER AVE. Z Q- Y U I— Q oS. \ Lt !N'ER COHEIL AVE. L< . 0 . \ cc N oQ • o o AVE. HAUL ROUT_>/ E U SLATER AVE. Q .,,,iii/ (DIRT HUAL FR TALBERT AVE. - ;;r"'"0 OM CHANNEL PROJECT pailly 0 �'il'4o ELLIS AVE. FI iiii l• O \ — 0111l11�1 0 +'ll'�I�Ii11111;p s 5� _l "'II'IIII' �` GARFIELD AVE. m 'ROJECT SITE PACIFIC OCEA\ \ S�PPO\ Z N YORKTOWN AVE. M r �� ,`� ADAMS AVE. G Op qN . • �F INDIANAPOLIS AVE. ATLANTA AVE. 0 CITY OF HUNTINGTON BEACH i Q z ORANGE COUNTY CALIFORNIA m %2 Y4 0 1 MILE 2 MILES • IIIIIIM 71 912 ATTACHMENT #2 Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder II full lIIllllllLI III I I II II .NO F E.E * $ R 0 0 1 5 9 3 1 3 93 $ * • 2025000333270 03:49 pm 12101125 Recording requested by; and when recorded return to.• 486 Ex5 A04 1 0.00:0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Lisa Lane.Barnes;City Clerk Office of the City Clerk •. CITY OF HUNTINGTON BEACH • P.O.Box 190—2000 Main Street Huntington Beach,Ca,92048 (Space above this line.for Recorder's use only) ACCEPTANCE'OF PUBLIC IMPROVEMENTS • (Huntington Beach Zoning and.Subdivision,Ordinance Section 255.22) PLEASE.TAKE.NOTICE THAT,on.October 23,2025,the City Engineer considered:the subdivision improvements described below and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. • Further,the public improvements-for the subdivision(s)have been dedicated to the City • of Huntington Beach,as described on Final Tract Map No. 15377. Public improvements constructed consist of: 1. Sewer and Water Improvements(L#13-116) 2. Sewer Lift Station(L#13-161) .3, Storm Drain Improvements(L#13.-112) 4, Street, Signing, Striping and Signal Improvements(L#.13.111) 5. C05 and Vegetated Flood Protection Feature(L#14.150) 6. Natural Treatment System(L#14-168) 7. Rough Grading(L#13-.100) The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action • taken at the November 18,2025 City_Council Meeting Submitted for Recordation by the Orange County Recorder. Attest Mite jZ j i1 —. ,2025 • City Clerk and Ex-officio Clerk of the i ouncil of the City of Huntington Beach,California By Donna Switzer Senior Deputy City Clerk • ..CITY.OF`HUNT •GTON BEACH 'this document Is solely fbr the.official . buster of the City of Huntagtcri Beach, as contemplated under Government Code • . Joseph F entice 'Stc.27363 mil nhouktbe recorded free • Acting City Engineer of eh.5ra. Recording requested by, and when recorded return to: Lisa Lane Barnes,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O.Box 190—2000 Main Street Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT, on October 23, 2025, the City Engineer considered the subdivision improvements described below and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s)have been dedicated to the City of Huntington Beach, as described on Final Tract Map No. 15377. Public improvements constructed consist of: 1. Sewer and Water Improvements (L#13-116) 2. Sewer Lift Station(L#13-161) 3. Storm Drain Improvements (L#13-112) 4. Street, Signing, Striping and Signal Improvements (L#13-111) 5. C05 and Vegetated Flood Protection Feature (L#14-150) 6. Natural Treatment System(L#14-168) 7. Rough Grading (L#13-100) The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action taken at the November 18, 2025 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest NIIYenzixiej I'7 - , 2025 City Clerk and Ex-officio Clerk of the ouncil of the City of Huntington Beach, California By Donna Switzer Senior Deputy City Clerk CITY OF HUNT GTON BEACH his document t4 solely for the official business of the City of Huntington Beach. : Joseph F entes as contempteted tinder Government Code Sec. 27383 end e? ld to recorded free Acting City Engineer ref chlfrgo. ATTACHMENT #3 BOND NO.0195156M PREMIUM Included in the Performance Bond GUARANTEE AND WARRANTY BOND WHEREAS, Shea Homes Limited Partnership,a California Limited Partnership , as a Principal,and Berkley Insurance Company a corporation organized under the laws of the State of Delaware 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 One Hundred Seventy Four Thousand Two Hundred Twenty Four and 70/100---($174,224.70) 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 Principarentered into a contract with said Obligee, dated Dec. 7, 2015 for work described as follows: Parkside Estates—Subdivision Improvements Tract No. 15377(R)and 15419(R) Sewer and Water 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 Nov. 18, 2025 • 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 iof 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 October 28th ,20 25 . r Shea Homes Limited Partnership,a California Limited Partnership *see attached signature block , as Principal APPROVED AS TO FORM By Berkley Insurance Company By: exb:„,,- By --- h—MICHAEL J.VIGLIOTTA Edward C.Spector Attorney-In-Fact act CITY ATTORNEY CITY OF HUNTINGTON BEACH 1 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON , BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON , BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 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 Los Angeles on OCT 2 8 2025 before me, Marina Tapia, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Edward C. Spector Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personW whose namek) is&x subscribed to the within instrument and acknowledged to me that he/*executed the same in hisnigdOgtr authorized capacityft),and that byhis/ tf'rsignature( )ontheinstrumentthepersonk),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. LOC T9 MARINA TAPIA WITNESS my hand and official seal. Notary Public-California EiLos Angeles County tee, �° Commission#2500058 c'El;.+ My Comm.Expires Oct 7,2028 Signature Signature of Notary Public 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)OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name El Corporate Officer—Title(s) ©Corporate Officer—Title(s) Partner fl Limited 0 General El Partner D Limited ElGeneral D Individual fl Attorney in Fact El Individual E Attorney in Fact Trustee El Guardian or Conservator F=1 Trustee D Guardian or Conservator El Other 10 Other Signer Is Representing Signer Is Representing No.BI-7667e-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Timothy J. Noonan; Jennifer Ochs; Charles R. Teter, III;Marina B. Tapia;Edward C. Spector;Donna M. Garcia;Erin J. Brown;Ethan S. Spector; Simone Gerhard;Bernadette Aleman;KeAna D. Wapato;Sarah Campbell; Sandra Corona; Rachel A. Mullen; or Jaren A. Marx of Lockton Companies, LLC dba Lockton Insurance Brokers, LLC of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars (U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance, or other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to.be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 11 th day of • May , 2023 . Attest Berk]. Insurance Company ,> cPveR4f�co G By ` By Lts SEAL, z' detman Ye after 1975 41Aw0 Executive Vice President&Secretary S • cePresident STATE OF CONNECTICu'1 ) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut,this 11 th day of May , 2023 ,by Ira S.Lederman and Jeffrey M. Hafter who are sworn to me to be the Executive Vice President el/AC' �S�e�crretary, and Senior Vice President, respectively,of Berkley Insurance Company. MN TARRY UNIICC %L(� �J CONNECTICUT MY CO PRIL 3Q 2024 NPlRE9 otary Public,State of Connecticut CERI IF'1CATE I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded an authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of %IanN ched,is in full force and effect'as of this date. qct 8 2025 5)vll�t' L�"n der my hand and seal of the ompany,this ay o W V Z 1976 °6ZAWP Vincent P.Forte Please verify the authenticity of the instrument attached to this power by: - Toll-Free Telephone: (866) 768-3534; or Electronic Mail: BSGlnquiry@berkleysurety.com • Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley • Regional Insurance Company Bond Number: 0195156M SHEA HOMES LIMITED P RTNERSHIP, a California limited part : hip Jacqueline Y.Barker By: i� Authorized Agent Name: eV 1 Title: Cory Yoder Authorized Agent By: Name: Title: CALIFORNIA ALL-PURPOSE 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 10/30/25 before me, Natalie Martin, a Notary Public personally appeared Cory Yoder and Jacqueline Y. Barker 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. 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. 1 Signature0Q. vr\4 (Seal) lahnayE`a. 11 4 NATALIE MARTIN Notary Public Ca li f o r n i a -•1 Orange County _' mmission °` ' "�� My Comm.Co Expires Aug 2497658 16,2028 BOND NO.0195157M PREMIUM Included in the Performance Bond GUARANTEE AND WARRANTY BOND WHEREAS, Shea Homes Limited Partnership,a California Limited Partnership , as a Principal,and Berkley Insurance Company , a corporation organized under the laws of the State of Delaware 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 Two Hundred Nineteen Thousand Sixty Six and 10/100---($219,066.10) , 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 D..0. 7. 2015 for work described as follows: , Parkside Estates—Subdivision Improvements Tract No. 15377(R)and 15419(R) Sewer Lift Station and Force Main 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 Nov. 18, .2025. 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 October 28th ,20 25 Shea Homes Limited Partnership,a Califomia Limited Partnership • see attached signature block , as Principal APPROVED AS TO FORM By Berk ey Insurance Comoany • Q 131i: .PA-rtdw -" By —`—C-N— F�MICFAEL J.VIGLIOTTA Edward C.Spector Attomey-in-Fact CITY ATTORNEY CITY'i.:F HL:;:: ;GTON BEACH 1 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) • ON , BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS 'WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF • OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 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 Los Angeles ) On OCT 2 8 2025 before me, Marina Tapia, Notary Public. Date Here Insert Name and Title of the Officer Personally appeared Edward C. Spector Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(whose namek) iskT subscribed to the within instrument and acknowledged to me that he/gexecuted the same in his/judgotrauthorized capacity),and that by his/ ttr signature()on the instrumentthe 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. ,Aiii�0 > MARINA.cats WITNESS myhand and official seal. � � Notary Public-California z PIA W ' ;=a Los Angeles County diati______ `s�qr+r, Commission N 2500058 ��,FOF"� My Comm.Expires Oct 7,2028 Signature `%G�C.�� Signature of Notary Public • 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)OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name 0 Corporate Officer—Title(s) ID Corporate Officer—Title(s) El Partner El Limited Q General J Partner Q Limited ©General fl Individual El Attorney in Fact E3 Individual El Attorney in Fact Trustee n Guardian or Conservator OTrustee 0 Guardian or Conservator III Other D Other Signer Is Representing Signer Is Representing 1 No.BI-7667e-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Timothy J. Noonan; Jennifer Ochs; Charles R. Teter, III;Marina B. Tapia;Edward C. Spector;Donna M. Garcia;Erin J. Brown;Ethan S. Spector; Simone Gerhard;Bernadette Aleman; KeAna D. Wapato; Sarah Campbell; Sandra Corona; Rachel A. Mullen; or Jaren A. Marx of Lockton Companies, LLC dba Lockton Insurance Brokers, LLC of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal,acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars (U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds, undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 11 th day of • May . `�SUaancF Attest Berkl- Insurance Company ,✓ r o0 By By " SEAL' = dermal). after it after 1975 Executive Vice President&Secretary - e esident 42.4wn STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut,this 11th day of , May , 2023 ,by Ira S.Lederman and Jeffrey M. Rafter who are sworn to me to be the Executive Vice President Secretary, and Senior Vice President, respectively,of Berkley Insurance Company. M oTARY auel4 EN pt G/-J 1 CONNECTICUT a i IAC U MY COAPRIL 30,2 EXPIRES otary Public,State of Connecticut • .. . CERTIFICATE I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERLLk Y that the foregoing is a true,correct and complete copy of the original-Power of'Attomey;that said Power of Attorney has not been revoked or rescinded an owak authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of tied,is in full force and effect as of thus date. OCT cs,v art der my hand and seal of the Company,this day 2025 W SEAL = m 1975 °riawr Vincent P.Forte Please verify the authenticity of the instrument attached to this power by: Toll-Free Telephone: (866) 768-3534; or Electronic Mail: BSGlnquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGCIaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional Insurance Company Bond Number: 0195157M SHEA HOMES LIMITED PARTNERSHIP, a California limited pa nership Jacqueline Y. Barker By: Authorized Agent Name: Title: Cory Yoder Authorized Agent By: lay/A___ Name: Title: CALIFORNIA ALL-PURPOSE 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 10/30/25 before me, Natalie Martin, a Notary Public personally appeared Cory Yoder and Jacqueline Y. Barker 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. 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. \tAYJLC\ Signatur (Seal) SEt ar r NATALIE MARTIN �f= __ Notary Public•California Z W Orange County E ic��!+ Commission k 2497658 "�••l•" My Comm.Expires Aug 16,2028 1 • BOND NO.0195158M PREMIUM Included in the Performance Bond GUARANTEE AND WARRANTY BOND WHEREAS, Shea Homes Limited Partnership,a California Limited Partnership , as a Principal, and Berkley Insurance Company , a corporation organized under the laws of the State of Delaware 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 Five Hundred Seven Thousand Eight Hundred Sixty and 60/100---($507,860.60),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 Dec. 7 , 2015 for work described as follows: Parkside Estates—Subdivision Improvements Tract No. 15377(R)and 15419(R) Storm Drain 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 Nov. 18 2025. 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 October28th• ,•2025 - Shea Homes Limited Partnership,a California Limited Partnership *see attached signature block , as Principal . APPROVED AS TO FORM p� By Berkley Insurance Company _ By: I By CS MICHAEL J.VIGLIOTTA Edward C.Spector Attorney-in-Fact CITY ATTORNEY CITY OF HUNTINGTON BEACH 1 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WTHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON , BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 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 Los Angeles °) on MT 2 8 2025 before me, Marina Tapia, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Edward C. Spector Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(54 whose namek) iskx subscribed to the within instrument and acknowledged to me that he/ igexecuted the same in his/ irauthorized capacity ),andthatbyhis/ r tirsignature(k)ontheinstrumentthepersonk),or the entity upon behalf of which the personk)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. Lori MARINA TAPIA WITNESS my hand and official seal. J;+ sj::� Notary Public-California Z.,4 " Los Angeles County r`�14 Commission q 2500058 Cf;1,1oMyComm.ExpiresO:t7,2O28 E Signature — — — — — — — — — — Signature of Notary Public 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)OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name El Corporate Officer—Title(s) 0 Corporate Officer—Title(s) Partner 0 Limited 0 General El Partner 0 Limited ©General fJ Individual Ei Attorney in Fact 0 Individual D Attorney in Fact ®Trustee El Guardian or Conservator ElTrustee 0 Guardian or Conservator El Other D Other Signer Is Representing Signer Is Representing No.BI-7667e-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Timothy J. Noonan; Jennifer Ochs; Charles R. Teter, III;Marina B. Tapia;Edward C. Spector;Donna M. Garcia;Erin J. Brown;Ethan S. Spector;Simone Gerhard;Bernadette Aleman;KeAna D. Wapato;Sarah Campbell; Sandra Corona;Rachel A. Mullen; or Jaren A. Marx of Lockton Companies, LLC dba Lockton Insurance Brokers,LLC of Los Angeles, CA its true and lawful Attorney-in-Fact,to sign its name as surety only as delineated below and to execute,seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars (U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to.be signed and attested by its appropriate officers and its corporate seal hereunto affixed this l l th day of • May 023 otiaNCF Attest Berkl Insurance Company BY BY SEAL -c dermas Je after 1975 °EtnwP Executive Vice President&Secretary Se ' resident STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut,this 11 th day of May , 2023 ,by Ira S.Lederman and Jefhey M. Hatter who are sworn to me to be the Executive Vice President Secretary, and Senior Vice President, respectively,ofBprkley Insurance Company. MNoraRY PU9IIC `4 CONNECTICUT U MY COMMISSION EXPIRES APHIL30,2024 otary Public,State of Connecticut CR' n ICATE I,the undersigned,Assistant Secretary of BERRIEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the orlginal Power of Attorney;that said Power of Attorney has not been revoked or rescinded an o! inder authority of the Attorney-irk-Fact set forth"therein, who executed the bond or undertaking to which this Power of ched,is in full force and effect as of this date_ GC ' 2025 my hand and seal of the Vincent P.Forte Please verify the authenticity of the instrument attached to this power by: Toll-Free Telephone: (866) 768-3534; or Electronic Mail: BSGInq.uiry@berkleysurety.com • Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or. Email: BSGClaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional Insurance Company Bond Number:0195158M SHEA HOMES LIMITED PARTNERSHIP, a California limited part i ship it Jacqueline Y. Barker By: /,i Authorized Agent Name: 4101Pr Title: Cory Yoder Authorized Agent y/71 By: Name: Title: CALIFORNIA ALL-PURPOSE 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 10/30/25 before me, Natalie Martin, a Notary Public personally appeared Cory Yoder and Jacqueline Y. Barker 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. 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. VoA SignatureVAA4 (Seal) r,11-":::"."6"11rA7-1111:7:11"6"d141RTIN 1 Notary Public•California Orange County r. • r` � Commission its 2497658 e My Comm.Expires Au 16,2028 BOND NO.0195159M PREMIUM Included in the Performance Bond GUARANTEE AND WARRANTY BOND WHEREAS, Shea Homes Limited Partnership,a California Limited Partnership , as a Principal, and Berkley Insurance Company , a corporation organized under the laws of the State of Delaware 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 Two Hundred Thirty Seven Thousand Thirty Eight and 20/100---($237,038.20) , 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 Dec. 7, 2015 for work described as follows: Parkside Estates—Subdivision Improvements Tract No. 15377(R)and 15419(R) Street,Striping/Signing,Traffic Signal 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 Nov. 18, 2025. 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 October 28th , 20 25 Shea Homes Limited Partnership,a California Limited Partnership APPROVED AS TO FORM *see attached signature block , as Principal 113y: FA:r5; By Berkley Insurance Company p„ MICHAEL J.VIGLIOTTA By OZC — CITY ATTORNEY Attorne in Fact CITY OF HUNTINGTON BEACH Edward C.Spector y- 1 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 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 Los Angeles ) On OCT 2 8 2025 before me, Marina Tapia, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Edward C. Spector Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personN whose namek) is/AT subscribed to the within instrument and acknowledged to me that he/ i lhe,executed the same in his/jmkkgtrauthorized capacity),and that by his/ rtr signature(x)on the instrumentthe person),or the entity upon behalf of which the personk)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true rand••�,>,,, MARINA TAPIA correct. . �Y Notary Public-California Z Los Angeles County g WITNESS my hand and official seal. :• ' i Commission#2500058 AuF•1,M My Comm.Expires Oct 7,2028 "� 44, Signature � Signature of Notary Public 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)OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name Q Corporate Officer—Title(s) ['Corporate Officer—Title(s) ®Partner © Limited El General El Partner El Limited OGeneral jJ Individual ®Attorney in Fact 0 Individual ®Attorney in Fact ❑Trustee ®Guardian or Conservator ®Trustee 0 Guardian or Conservator El Other El Other Signer Is Representing Signer Is Representing No.BI-7667e-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Timothy J. Noonan; Jennifer Ochs; Charles R. Teter, III;Marina B. Tapia;Edward C. Spector;Donna M. Garcia;Erin J. Brown;Ethan S. Spector;Simone Gerhard;Bernadette Aleman;KeAna D. Wapato;Sarah Campbell;Sandra Corona;Rachel A. Mullen; or Jaren A. Marx of Lockton Companies, LLC dba Lockton Insurance Brokers, LLC of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal,acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars (U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF,the Company has caused these presents to_be signed and attested by its appropriate officers and its corporate seal hereunto affixed thisl1th day of May , 2023 . `�SURanrcF c Attest: Berk1 Insurance Company s"PeR."r� % By By SEAL IreS. dermas Je after 1975 '! Wp Executive Vice President&Secretary Se ' esident • STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut,this 11th day of May , 2023 ,by Ira S.Lederman and Jeffrey M. Hefter who are sworn to me to be the Executive Vice President Secretary, and Senior Vice President, respectively,of Berkley Insurance Company. MoTARv aural% " �t, z CONNECTICUT rltin� MY COMMISSION EXPIRES APRIL 30,2024 otary Public,State of Connecticut = ..CER.TibICATE I,the undersigned,Assistant Secretary pf BERKLEY INSt1 NCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the=ar, naI,Poiver_af Attorney;that said Power of Attorney has not been revoked or rescinded an P authority of the Attorney-ia-Fact set forth-therein,-who executed the bond or undertaking to which this Power of VRAN ched,is in full force and effect as of this,date. 205 cP� RGt et. der my hand and se .of the Couigany,this ��.�d g m 1975 °FLAWP e = Vincent P.Forte Please verify the authenticity of the instrument attached to this power by: Toll-Free Telephone: (866) 768-3534; or Electronic Mail: BSGlnquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional Insurance Company Bond Number: 0195159M SHEA HOMES LIMITED PARTNERSHIP, a California limited p;rtnership Jacqueline Y. Barker By: I` Authorized Agent /►. Name:4011 I. Title: Cory Yoder Authorized Agent By: Name: Title: CALIFORNIA ALL-PURPOSE 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 10/30/25 before me, Natalie Martin, a Notary Public personally appeared Cory Yoder and Jacqueline Y. Barker 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature . 1 (Seal) � .1117.1:":"4611164=1164"11141AARTIN, _�6•4 Notary Public•California ._ _: Orange County F. y"" My CommCommission.Expires Aug2497658 16,2028 BOND NO.0195160M PREMIUM Included in the Performance Bond GUARANTEE AND WARRANTY BOND WHEREAS, Shea Homes Limited Partnership,a California Limited Partnership , as a Principal, and Berkley Insurance Company , a corporation organized under the laws of the State of Delaware and duly authorized to d4 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 Five Hundred Ninety Thousand Nine Hundred Sixty Two and no/100---($590,982.00), 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 Dec. 7, 2015 for work described as follows: Parkside Estates—Subdivision Improvements Tract No. 15377(R)and 15419(R) C05 Channel and VFPF 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 Nov. 18, 2025 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 October 28th , 20 25 Shea Homes Limited Partnership,a California Limited Partnership APPROVED AS TO FORM •see attached signature block , as Principal By: By Be �y surance Company jyrMICHAEL J.VIGLIOTTA • CITY ATTORNEY By CITY OF HUNTINGTON BEACH Edward C.Spector Attomey-in-Fact 1 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON , BEFORE ME, • ,A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON , BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 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 Los Angeles On GET 2 8 2025 before me, Marina Tapia, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Edward C. Spector Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(whose namek) iskT subscribed to the within instrument and acknowledged to me that he/h executed the same in his/ ti,authorized capacity),and that by his/ grt+c'r signature()on the instrumentthe 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. �L1A. MARINATAPIA WITNESS my hand and official seal. �. !It y� Notary Public-California W- it Los Angeles County L ! ! ° 28J � ' Commission it Signature ` LIPA Signature of Notary Public 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 • D Corporate Officer—Title(s) 0 Corporate Officer—Title(s) El Partner J Limited fl General 0 Partner Limited ®General 0 Individual 0 Attorney in Fact L❑Individual fl Attorney in Fact 0 Trustee 0 Guardian or Conservator El Trustee Q Guardian or Conservator ©Other El Other Signer Is Representing Signer Is Representing No.BI-7667e-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Timothy J. Noonan; Jennifer Ochs; Charles R Teter, III;Marina B. Tapia;Edward C. Spector;Donna M. Garcia;Erin J. Brown;Ethan S. Spector;Simone Gerhard;Bernadette Aleman;KeAna D. Wapato; Sarah Campbell; Sandra Corona; Rachel A. Mullen; or Jaren A. Marx of Lockton Companies, LLC dba Lockton Insurance Brokers, LLC of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal,acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars (U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds, undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company hRs caused these presents to,be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 11 th day of • May , 2023 \�S�nANCFc Attest Berld Insurance Company oq sE/1L By ( iBydermas . after Executive Vice President&Secretary ' e esident STATE OF CONNECTICUT) ) ss: COUNTY OF FA]RFIELD ) Sworn to before me, a Notary Public in the State of Connecticut,this 11th day of May , 2023 ,by Ira S.Lederman and Jeffrey M. Hailer who are sworn to me to be the Executive Vice President AR Uhm Secretary , and Senior or Vice President, respectively,�of Berkley Insurance Company. ANOTcY PUaTIAIC '/' Z. 00ONNECTICUT /u� • MY COAPRIL 30,20 EXPIRES otary Public,State of Connecticut CERiJJ LCATE I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the o igial Power of Attorney;that said Power of Attorney has not been revoked or rescinded an authority of the Attorney-in-Fact s forth therein, who executed the bond or undertaking to which this Power of ? ��` ched,is in full force and effect as of this'date, e'Reft der my hand and saal of the,Company,this octia208 2025 • SEAL m 1975 °FtnwP Vincent P.Forte Please verify the authenticity of the instrument attached to this power by: Toll-Free Telephone: (866) 768-3534; or Electronic Mail: BSGlnquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional Insurance Company Bond Number: 0195160M SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership Jacqueline Y. Barker Authorized Agent By: Name: Title: Cory Yoder Authorized Agent By: a777('-°-- Name: Title: CALIFORNIA ALL-PURPOSE 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 10/30/25 before me, Natalie Martin, a Notary Public personally appeared Cory Yoder and Jacqueline Y. Barker 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. 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. ))V\Signature `I(\ (Seal) iljb;;,46?:T, NATMARTIN a cr*; Notary Public-California ff' ? --4 Orange County t. -f ` Commission#2497658 ` �`My Comm,Expires Aug 16,2028 BOND NO.0195162M PREMIUM Included in the Performance Bond GUARANTEE AND WARRANTY BOND WHEREAS, Shea Homes Limited Partnership,a California Limited Partnership , as a Principal,and Berkley Insurance Company , a corporation organized under the laws of the State of Delaware 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 Forty One Thousand Eight Hundred Fifteen and 20/100---($41,815.20) 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 Dec. 7, 2015 for work described as follows: Parkside Estates—Subdivision Improvements Tract No. 15377(R)and 15419(R) Natural Treatment System 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 Nov.` 18, 2025 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 October 28th , 20 25 Shea Homes Limited Partnership,a California Limited Partnership APPROVED AS TO FORM *see attached signature block , as Principal By Ber v Insurance Company By: A_ MICHAEL J.VIGLIOTTA By CITY ATTORNEY Edward C.Spector Attorney-in-Fact CITY OF HUNTINGTON BEACH 1 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) • ON , BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES 2 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 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 Los Angeles on OCT 2 $ 2025 before me, Marina Tapia, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Edward C. Spector Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(54 whose namek) isbue subscribed to the within instrument and acknowledged to me that he/ igexecuted the same in his/ rauthorized capacity),and that by his//lftstr signature( )on the instrumentthe 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 ►� MARINA TAPIA and correct. Notary Public-California S: f '� Los Angeles County WITNESS my hand and official seal. i.41, .1 j r Commission f 2500058 " My Comm.Expires Oct 7,2028 Signature dlak. Signature of Notary Public 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)OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name III Corporate Officer—Title(s) El Corporate Officer—Title(s) El Partner ID Limited ID General J Partner fl Limited EIGeneral ID Individual 0 Attorney in Fact In Individual El Attorney in Fact Q Trustee El Guardian or Conservator ®Trustee fl Guardian or Conservator 0 Other El Other Signer Is Representing - Signer Is Representing No.BI-7667e-el • POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Timothy J. Noonan; Jennifer Ochs; Charles R. Teter, III;Marina B. Tapia;Edward C. Spector;Donna M. Garcia;Erin J. Brown;Ethan S. Spector;Simone Gerhard;Bernadette Aleman;KeAna D. Wapato;Sarah Campbell; Sandra Corona;Rachel A. Mullen; or Jaren A. Marx of Lockton Companies, LLC dba Lockton Insurance Brokers, LLC of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute,seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars (U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by, Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF,the Company has caused these presents to,be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 11 th day of • May , 2023 . Attest; Berld Insurance Company 4VRANCF Q� �l BY BY Va � ^�o � .IreS SEAL r� dermas i. after 197S • °EtAwP Executive Vice President&Secretary e esident STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut,this 11th day of May , 2023 ,by Ira S.Lederman and Jeffrey M. Hatter who are sworn to me to be the Executive Vice President ���(S��ecrretary, and Senior��Viice President, MARIA C RUNDrr" oefC. ,1^/ � respectively,of Braidey Insurance Company. NOTARY N IC • CONNECTICUT MY COISSION RIL 3a,2024PIRE9 AFF' otary Public,State of Connecticut ,CERTIFICATE I,the undersigned,Assistant Secretary of BEBERItlEYBSSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded an authchority of the Attorney-in-Fact setafthi fgits dath +here , who executed the bond or undertaking to which this ®CTda� Power of �RAND e is lII full force ef�ectas § ZOZS P" SEAL' °� der my hand and sear of the c1�Ipany,this ,y z • 1976.1 .c CE•cAwa ' Vincent P.Forte Please verify the authenticity of the instrument attached to this power by: Toll-Free Telephone: (866) 768-3534; or Electronic Mail: BSGlnquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional Insurance Company Bond Number:0195162M SHEA HOMES LIMITED PARTNERSHIP, a California limited part •-rship Jacqueline Y. Barker By: Authorized Agent Name: Title: Cory Yoder Authorized Agent By: Name: Title: ti CALIFORNIA ALL-PURPOSE 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 10/30/25 before me, Natalie Martin, a Notary Public personally appeared Cory Yoder and Jacqueline Y. Barker 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. 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. 1n Signature ' 1 (Seal) Notary public°�> li MARTIN California , ,c; Orange County Commission#2497658 My Comm.Expires Aug 16,2028 • r , BOND NO.0195163M PREMIUM Included in the Performance Bond GUARANTEE AND WARRANTY BOND WHEREAS, Shea Homes Limited Partnership,a California Limited Partnership • , as a Principal, and Berkley Insurance Company , a , corporation organized under the laws of the State of Delaware 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 Two Hundred Fifty Nine Thousand Five Hundred Seven and 70/100---($259,507.70) , 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 Dec. 7, 2015 for work described as follows: Parkside Estates—Subdivision Improvements Tract No. 15377(R)and 15419(R) Grading and Street Repair 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 Nov. 18. 2025. 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 october28th , 2025 Shea Homes Limited Partnership,a California Limited Partnership . APPROVED AS TO FORM *see attached signature block , as Principal By: IP'A'tr' `/ By Berkiev Insurance Company MICI4AEL J.VIGLIOTTA CITY ATTORNEY By �c,X CITY OF HUNTINGTON BEACH Edward C.Spector Attorney-in-Fact 1 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON , BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES 2 , i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 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 Los Angeles ) on CU 2 8 2025 before me, Marina Tapia, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Edward C. Spector Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personW whose namek) is6uc subscribed to the within instrument and acknowledged to me that he/gbikei executed the same in his/ iirauthorized capacity),and that by his/ r t -signature( )on the instrumentthe 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. L. MARINA TAPIA W, � Notary Public California -- t j, g �r- �=,-, Los Angeles County Signature 1 ,r•.,,iF1 i' Commission N 2500058 �LIFOR+ My Comm.Expires Oct 7,2028 Signature of Notary Public 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) i Signer's Name Signer's Name 0 Corporate Officer—Title(s) O Corporate Officer—Title(s) O Partner Q Limited Q General O Partner 0 Limited O General 0 Individual O Attorney in Fact 0 Individual O Attorney in Fact 0 Trustee 0 Guardian or Conservator OTrustee 0 Guardian or Conservator O Other �❑- Other Signer Is Representing Signer Is Representing No.BI-7667e-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made, constituted and appointed, and does by these presents make, constitute and appoint: Timothy J. Noonan; Jennifer Ochs; Charles R. Teter, III;Marina B. Tapia;Edward C. Spector;Donna M. Garcia;Erin J. Brown;Ethan S. Spector;Simone Gerhard;Bernadette Aleman;KeAna D. Wapato; Sarah Campbell; Sandra Corona;Rachel A. Mullen; or Jaren A. Marx of Lockton Companies, LLC dba Lockton Insurance Brokers, LLC of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars (U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance, or other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF,the Company has caused these presents to,be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 11 th day of • May , 2023 . \SURnrvcF Attest Berkl Insurance Company c W sEA . ry' dermas Je after 1975 °FcawA Executive Vice President&Secretary ! Se ' e resident STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut,this 11 th day of May , 2023 ,by Ira S.Lederman and Jeffrey M. Rafter who are sworn to me to be the Executive Vice President Secretary, and Senior Vice President, respectively,of Berkley Insurance Company. UN 64TUY PUAI IC CONNECTICUT MY COMP'HIL 30,2024ISSION PIR� otary Public,State of Connecticut CER•1'JYICATE I,the undersigned,Assistant Secretary of BERKI.P'Y INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded an oRnN authority of the Attorney-in-Fact sct forth therein, who executed the bond or undertaking to which this Power of shed,is in full force and,effect as of this date. �� � �Q25 O"P " oSi der my hand and seal of the Company,this a :! . SEAL = 1975 4'6141N-0 Vincent P.Forte Please verify the authenticity of the instrument attached to this power by: Toll-Free Telephone: (866) 768-3534; or Electronic Mail: BSGlnquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional Insurance Company -- Bond Number:0195163M SHEA HOMES LIMITED PARTNERSHIP, a California limited partne hip Jacqueline Y. Barker Authorized Agent By: Name: Title: Cory Yoder Authorized Agent By: Name: a?71----- Title: CALIFORNIA ALL-PURPOSE 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 10/30/25 before me, Natalie Martin, a Notary Public personally appeared Cory Yoder and Jacqueline Y. Barker 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. 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. \q"Signature (\ (Seal) I �5�.� Tf NATALIE MARTIN Notary Public•California z Ace Orange County Commission k 7658 My Comm.Expires Aug249 16,2028 L ATTACHMENT #4 • • • DUPLICATE • ' SHEET 1 OF B SHEETS 111 NUMBERED LOTS AND TRACT NO, 15 377 ACCEPTED AND FILED AT THE REQUEST OF LOTS A B,0,E THROUGH 0,INCLUSIVE, • LOTS S.T,X Y.S.M AND ea IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, FIRST AMFRICAN TITLE COMPANY '.� GROSS AREA 44.888 ACRES STATE OF CALIFORNIA. DATE: DEcEM zYY,Z".r (FINAL UNIT OF TENTATIVE / TRACT NO.15377) BEING A SUBDIVISION OF A PORTION OF PARCEL A OF THE DEED TIME /'O4 PM FEE: =72 G� RECORDED SEPTEMBER 19,1888 AS INSTRUMENT NO.19 90 0 47 818 2 INSTRUMENT� NO. ZDISao6S�16�4 OF OFFICIAL RECORDS OF THE COUNTY OF ORANGE BOOK q 517 PAGE /9-Za- • HUNSAKER AND ASSOCIATES IRVINE,INC. PAUL R.HUDDLESTON,JR, LS.7083 DATE OF SURVEY:MAY,1987 AND JUNE,2013 • HUGH NGUYEN CO RECORDER BY' OWNERSHIP STATEMENT: SURVEYOR'S STATEMENT: DEP BY TI S MAP,DiE DO HER'EHYQ CONSENT TO THEG ALL PARTIES HMG PREPARATATION RECORY RECORD TITLEDATION OF SAID MAP AS SHOWN COVERED WAE000AS AIM NCCE N1TTTHHEE RECITED BY REMENTS OR OF THE MY DIRECTION NAP ACT AND BASED UPON LOCAL ORDINANCE AT THE WITHIN THE DISTINCTIVE BORDER LONE REQUEST OF SHEA HOMES UNITED PARTNERSHIP,A CAUFORNIA UNITED PARTNERSHIP IN 110005ER 2012. I HEREBY STATE THAT AU.MONUMENTS ME OF THE CHARACTER MID OCCUPY THE POETIONS INDICATED, .� ME REAL PROPERTY OESCSOBED BELOW IS DEDICATED IN FEE FOR MUG STREET AND PUBUC UTILITY OR THAT THEY I'LL BE SET IN SUCH POSITIONS MON TONEIY DAIS AFTER ACCEPTANCE OF . • PURPOSES GRAHAM SIKELI,RIYERGATE DRIVE.COBBLESTONE LANE.JUMPER LANE BURROWS LANE, IMPROVEMENTS AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE NS SURVEY TO BE REPLACED.I EUCALYPTUS LANE.AND GOLDENROD CIRCLE. HEREBY STATE THAT MIS FINAL MAP SUBSTANTIALLY CONFCWAS TO DIE CONDITIONALLY APPROVED • TENTATIVE YAP. , WE HEREDT RESFRVc 10 wimp/N.ER OD'I+e^,OUR ASENN E5 AND MITERS WITH THIS TRACT: r a.'''T i N. r 1. AN EASEMENT FOR MAINTENANCE AND ACCESS PURPOSES OVER LOT X 2. MI EASEMENT FOR LANDSCAPE YAINIFNANCE AND ACCESS PURPOSES OVER LOTS A AND 5 ,' WE ALSO HEREBY DEDICATE TO E CITY HUNTINGTONOFHUNTINGTONBEACH:BEACH: PAUL MOD S NO 7083 ATE' 1, • THE . • 1. THE EASEMENTS FOR PUBLIC UTILITY PURPOSES AS SHOWN ON SAID MAP. r CA F' • 2. THE EASEMENT FOR WATER PURPOSES AS SHOWN ON SAID MAP. COUNTY SURVEYORS STATEMENT: • S ME EASEMENTS FOR STORM DRAIN PURPOSES OVER LOT N AND A PORTION OF LOTS C AND D AS SHOWN I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND MAT ALL MAPPING ON SAO AUP PflONSI0N5 OF ME SJBWN50N MAP ACT HAVE BEEN COMPLIED WITH AND I AM SATISFIED • SAID MAP IS TECHNICALLY CORRECT. . 4. THE EASEMENT FOR StmJR OFT STATION PURPOSES AS SNOMM ON SAID MAP. DA1E0 THIS 26P DAY OFF �I11104R4E G1!--. 2010. S. THE EASEMENT FDR EMERGENCY ACCESS PURPOSES AS SHOWN ON SAD MAP./ • ICENN R.HELL COUNTY SURVEYOR LAND LS OP 6617, IRATCN DATE 12/31/IS 9�5.W�'PL SHEA HOMES U ITED PARTNERSHIP.A CAUFDRNIA UNITED PARTNERSHIP;OWNER. 2' t< BY: • BY: X�Tom- - it s matDE '1},Y W.M91 �d NAY J Ew,..fYAWwS_ G1:Q B'S mat CHIEF DEP smarm Af pP SeriWo+t Df CAUf COUNTY TREASURER-TAX COLLECTORS CERTIFICATE ' STATE OF CAUFORWA l JF SS COUNTY OF ORANGE -• • I HEREBY CERMET THAT ACCORDING TO THE RECORDS OF MY OFFICE THERE ARE NO UENS AGAINST THE LAND COVERED BYRES MAP OR MY PART THEREOF FOR UNPAID STATE, COUNTY.MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COUECTED AS TAXES, • INCEPT TALES OR SPECIAL ASSESSMENTS COLLECTED AS TRUES NOT YET PAYABLE. AND 00 CERTIFY TO THE RECORDER CF ORANGE COUNTY MAT THE PRONSONS OF •• THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGAR0N0 DEPOSITS TO SECURE . PAYMENT OF TAXES ON SPECIAL ASSESSMENTS OQLECIFD AS TALES ON THE LAND . COVERED BY Ting. 11�y-�-� C.F./DATED THIS i' DAY OFC .( EJZ 2O1S NOTARY ACKNOWLEDGEMENT: • . A NOTARY PUBLIC DR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE SHARI L.FREIOENRICH BY: IDENTITY OF THE INDIVIDUAL%H0 SIGNED THE DOCUMENT TO MHICH TNIS CEOTFTCATE IS COUNTY TREASURER-TAK CO1ECT0R DEP TR TIER-T COLLECTOR ATTACHED,AND NOT THE TRUTHFULNESS,ACCURACY.OR VALIDITY OF THAT DOCUMENT. ON Cs I.;T�R s1i q CITY ENGINEER'S STATEMENT: STATE LE'l I HEREBY STATE THAT I HAVE MANED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTALY IN rAO• CONFORAIAITE HUH THE TENTATIVE MAP AS FILED RATH,AMENDED AND APPROVED BY THE CITY •. COUNTY OF�VIQ7TT7� -L PLANNINO CCMMI590N:THAT AL PRONSONS OF THE SUBOMSQH YAP ACT AND are SU0DINOON I' ON S!p't OI B,TORE ME "A#)$O A NOTARY PUBLIC, REGULATORS HAVE BEEN COA4LIED WITH. PERSONALLY APPFe/IYT VA hUIGf' tG 7- o IL/V YCFYS • TARS STATEMENT NU.TALE EFFECT UPON THE DATE UPON WHICH THE COUNTY OF ORANGE APPROVES I WHO PROVED 10 ME ON DIE BASS CF SATTEACTGRY NONCE TO BE THE PERSON(S)WHOSE NAE(S) THE MAP AS TECHNICALLY CORRECL HA/ARE SIBSCRT ED TO THE MHO!INSTRUMENT AND ACKNOWLEDGED TO ME.114ALAC EXEOUTED THE SAME IN DOER/THER AUTHORIZED CAPACTTY(IES),AND THAT BY5N6 /THEIR DATED THIS /9 DAY OF A/P{Y..I/ESK 2015. 40IE51'!G/ SGNATURE(S)ON THE INSTRUMENT THE POISON(S),OR THE DITTY UPON BEHALF O WHICH THE JJ�� ' PERSON(S)ACTED,DEWED ME INSTRUMENT. _/7�/� n • . r�� I CERTIFY UM Ei PENALTY OF PFRAIRY UTA'A THE UK C THE STATE O CAIFWDOA THAT NE RSFonm, TEAT E EL F�-//J(��I .µ . PARAGRAPH G TRUE AND CORNET. CITY ENGINEER _ OTT OF AONTINOTEI BEACH RE .o TRTIESS MY HAND: ROE 53300 FJPIRATON DATE OB/30/2OI} * Ds '1 Tt p,� 50NATUFEE '/•1/�.1!;6;1222 MY PRONIPAL PLACE OF BUSINESS IS d/n, UL +f>f' • NOTARY OOTTA Y�POSE IN MD FOR SAD STATE IN Carr c ¢¢ COUNTY. CRY CLERK'S CERTIFICATE: OF fAIF�" L�H(1Al .HL.?7-hIn6ow W=LARISSON EIPIRESY'L?O• ,)g STATE OF CALIFORNIA (NAME PRINTED) OG/GS"j COUNTY OF ORANGE 55 my COMMISSION NO17 CITY OF RE HUNTINGTON BEACH J I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO COUNCIL OF THE Ott • C NTINGTON BEACH AT A REGULAR NG NETEOF IL CID,BY ANDICEY,ON THE DULY P AND DAY PASSED TARY ACKNOWLEDGEMENT: EN1E�00 LAPPPRROVE 2OI AND THAT THEREUPON SAID COUNCIL SAID MAP AHD DO HEREBY ACCEPT ON BEHALF OF THE PUBLIC,SUBJECT TO IMPROVEMENTS THE DEDICATION IN FEE FOR PUBLIC STREET AND PUBLIC UTUTY PURPOSE OF GRAHAM A NO Y PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE ONLY THE STREET,PoVERGATE DRIVE.COBBLESTONE LANE,JUMPER LANE BURROWS LATHE,EUCALYPTUS LANE,AND - !DENT THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH CERTIFICATE IS GOLDENROD CIRCLE ATTACHED, 0 NOT THE TRUSTFULNESS ACCURACY,OR VALDITY THAT DOCUMENT. AND DO ALSO ACCEPT ON BEHALF C THE CITY OF HUNTINGTON BEACHA'SAD APPROVAL TO THE•EFTECT STATE OF UPON THE APPROVAL OF THE MAP BY THE COUNTY CF TRANCE .. . • 1. THE EASE/NTS FOR PIIBU°IID0TY PURPOSES AS DEDICATED. • COUNTY C' 2. THE EASEMENT FOR WATER PURPOSES AS DEDICATED. ' IN B ME, A NOTARY PUBLIC, ' • • PERSONALLY APPEARED ' 3.-THE M,A9 SEMENTSAFOR R C,STORM DRAIN PURPOSES OVER LOT N AND A PSON OF LOTS 0,+-2-MID WHO PROVED TO YE ON DIE BASS OF E19DEHCE TO BE TIE PERSON(5)MORE MITE() IS/ARE SUBSCRIBED TO THE MTBN INSTR AND AGTROMEDGED TO ME THAT HE/SHE/THEY 4. THE EASEMENT FOR SEWER LIFT STATION PURPOSES AS DEDICATED. EIETUTED THE SALE M WS/IRR/IH0 DI CAPACLTY(IES),AND THAT BY HIS/HER/DIER • SONASURE(S)ON THE INSTRUMENT PERSON( OR ME ENTITY UPON BEHALF C WHICH THE HL THE EASEMENT FOR EMERCENCY ACCESS PURPOSES/S DEDICATED. PERSON(S)ACTED.EXECUTED M STRUMENT. I CRT T EIMDER PENALTY O ITT NEER THE LAWS OF ATE OE CADFORMA THAT ME FOREGONG :i PARAGRAPH IS TRUE AND ME OTT COUNCIL APPROVED THE 5UDJECT MAP PIIRAEANT SO ME PRONSONS OF SECBON ;1 66436(R)(3XA)A(C)O THE SUBDIVISION MAP ACT,SAID APPROVAL TO THE EFFECT UPON THE APPROVAL MMESS MY HAND: C IRE MAP BY THE COUNTY C ORANGE • THIS STATEMENT MLL TAKE EFFECT UPON THE DATE UPON WHICH THE COUNTY C ORANGE APPROVE SNAIL .MY PRINCIPAL PLACE BUSINESS IS ME MAP AS TECHNICALLY CORRECT. NOT C IN AND FOR SAID STATE SN COUNTY. NY COMMISSION 9 DAY (HALE PRINTED) COMMISSION1ON ETOLRE�: JEAN LHRINN• OF SOTS MY COMMISSION ND: CRY CLERK C THE CITY HUNTINGTON SEACN /^../���1�-�� CITY• PLANNING COMMISSION CERTIFICATE elk:."' 0-.. 1 I,sari HE55.SECRETARY OF ME PLANNING COVLI59ON OF ME CITY RE HUNTINGTON BEACH, I ' CAUFORN.DO HEREBY CERIFY MAT 1 HAVE EXAMINED THIS MAP AND HAVE FOUND R TO BE SUBSTANTIALLY THE SANE AS NE TENTATIVE MAP AS FILED MN,AMENDED AND APPROVED BY DE INHTNG ON BEACH CITY PLANNING COMMI90N. DATED TAR I-!SI. DAY O NG F `�G 2015. • CITY OF FRo PLANNING ca1M59GN NNNI SEE SHEET 2 FOR SIGNATURE OMISSIONS • 5SR DUPLICATE ' • SHEET SHEETS GI TRACT NO. 15377 • 1T NUMBERED LOTS AND LOTS A B,C.E THROUGH 0,INCLUSIVE', LOTS S,T,X,Y,Z.M AND BB. IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, GROSS AREA:44.988 ACRES STATE OF CALIFORNIA. • (FINAL UNIT OF TENTATIVE . TRACT NON 15377) HUNSAKER AND ASSOCIATES IRVINE,INC. ., PAUL R.HUDDLESTON,JR, LS 7083 DATE OF SURVEY:MAY,1997 AND JUNE,2013 1 EASEMENT NOTE& . SIGNATURE OMISSIONS: OINDICATES AN FJ,SN'Ni FLR PUBLIC UTILITY PURPOSES DEDICATED HEREON TO ME CRY 6 PURSUANT TO THE PROVOONS OF SECTION 66436(o)(3)(A)6(C)OF THE SUBDIHSON MAP NEC THE A HUNTINGTON BEACH. FOLLOWING SIGNATURES HAVE BEN OMITTED: O• INDICATES AN EMEND.FOR EMERGENCY ACCESS PURPOSES DEDICATED HEREON TO THE CITY Q• THE USE MD CDNIHa.OF 001000AS AND NATURAL STREAMS CO WATER MD THE RIGHT E WAY FOR MONO FNNTNGTOA BEACH. TO CONSTRUCT 0RICATIDN OR DRAINAGE DITCHES AS RESERVED BY STEARNS RANCHOS COMPANY IN DEEDS PDL RECORDED IN BOO(30,PACE 163,BOOK 30,PAGE 240 AND IN B00K 65,PAGE 97 OF DEEDS. (NOT © DEDICATES AN EASEMENT WATER PURPOSES DEDICATED HEREON TO THE CITY OF HUNTINGTON BEACH. PLOTTABLE) .'1 AND GAS COMPA INDICATES A Moo'EASEMENT FOR STORM DRAM,PIPELINE AND INCIDENTAL PURPOSES IN FAVOR OF A CIL AND GAS LEASE EXECUTED BY BOLSA LAND COMPANY AS LESSOR AND SEUL OIL 0IY E. © THE DTI OF HUNTINGTON BEACH RECORDED NOVEMBER D5,1952 AS INSTRUMENT NO.52-3B0516,0.R. AS IPCGF RECORDED OEC3BFR 12 1941,IN BOOK 1120,PAGE 435 OF C'EIGAL RECORDS •i! • INDICATES AN EASEMENT FOR SEWER LIFT STATOR PURPOSES DEDICATED HEREON TO THE DTI OF UNRECORDED EASEMENTS GRANTED TO THE CRY OF LONG BEACH AND SIGNAL OIL MD OAS COMPANY BY O HUNEMGTON BEACH. CONVEYANCES DATED JANUARY 2 1937 AS DI50.05ED BY RECITALS IN THE DEED TO SECURED}FIR57 ' NATIONAL BANK,RECORDED AUGUST 25,1960 IN BOOK 5394 PACE 349,OFFICIAL RECORDS.(NOT 1.O INDICATES AN EASEMENT FOR STORM DRAIN PURPOSES DEDICATED HEREON To CITY OF PLOTTABIE) HUNTINGTON BEACH. ROTS AND INTEREST RESERVED IN VARIOUS DEEDS TO BOSH-MESA CORPORATION,BOSH-LOS PATOS CORPORATION,BOLSA-LACUNA CORPORATOR,BO15A-CRANDE CORPORATION AND BSSA-PAOFlC • , CORPORATOR,ONE OF WHICH RECORDED JUNE 25,1964 IN BOOK 7105,PAGE 115 OF OFFICAI.,RECORDS _ TEAMS AND PROMISORS CONTAINED IN THE DOCUMENT ENTITLED'BOSA-SIGNAL CONVEYANCE RECORDED JANUARY 30,1970 AS BOO(9204,PAGE 1 OF OFFICIAL RECORDS A COMMUNITY OIL AND GAS LEASE SCOUTED BY THE STATE OF OAUFBRIAA AS LESSOR MD SIGNAL OIL AND ADDMONAL NOTES: GAS COMPANY AS L45xy RECORDED AUGUST 17.1973,IN BOOK 10855,PAGE 432 Cr OFFIC L RECO DS. ' • • AN IRREVOCABLE OTTER TO DEDICATE LOTS'A',E','S',1E IN FEE TIRE TO A PUBLIC AGONCYOES)CR THE CITY OF HUNTINGTON BEAM HOLDER OF AN EASEMENT FOR STORM DRAIN,PIPELINE AND INCIDENTAL NON-PROFIT ENTITY(T )ACCEPTABLE TO THE EXRUTVE DIRECTOR OF NE CAUFORMA COASTAL PURPOSES RECORDED NOVEMBER 5,19132 AS INSTRUMENT NO.B2-390016 Ci OFFICIAL RECORDS. MAMMON,INCUR..TIE CRT OF HUNTMGTON BEACH,FDR PUBLIC INFRASTRUCTURE AND PUBLIC ACCESS MO RECREATIONA LICENSE ALRETB4EIT FOR ACCESS PURPOSES MECUM BY MD BEMEEN SIGNAL BOLSA CORPORpTaN• PURPOSES RECORDED 23,2O6 AS INSTRUMENT NO.201600D3Si6W'OF OT1CIN.RECORDS EM AND SHEA HOMES LIMITED PARTNERSHIP,RECORDED SEPTBER 19,1996 AS INSTRUMENT NO.96-479153 AND THAT'EXTENSION OF LICENSE AGREEMENT RECORDED MARCH 02 2000 AS INSTRUMENT NO , AN IRREVOCABLE OFFER TO DEDICATE LOT Y IN FEE TEE TO A PUBLIC AOENCY(IES)M NON-PROFIT 2000013092.BOTH OF OFFICIAL RECORDS(BLANKET IN NATURE). .n1O (DES)ACCEPTABLE TO THE E%EDUTYE DIFECi,F OF THE CALIFOUOA COASTAL CCBUSSON,1NOrMO . A LICENSE ACRFFMENT FOL ACCESS PURPOSS 0LECO1ED BY AND BLI1hW THE ME ROPOETAN WATER THE C NTI OF ORA'CE FLOOD CO ELT DRTRC2 FCR PUPJC INFRASTRUCNRE AND PUBLIC ACCESS AND • pry�0T AND SHEA HOMES UNITED PARTNERSHP,RECORDED SEPTEMBER 19,199B AS INSTRUMENT NO.RECORDS PURPOSES RECORDED,LILY 23,2O5 AS INSTRUMENT N0.2D150D0.7B36B5 OF OFFICIAL DB-479184 AND THAT'EXTENSCN OF UCENSE AGREQIENY RECORDED MARCH 02 2000 AS INSTRUMENT NO. • 20000113001,BOTH OF OFFICIAL RECORDS(BLANKET IN NATURE). AN NCY(IE IRREVOCABLE OFFER TOOE DEDICATE AN EASACCEPTABLE OVER TOES'C','M,'0' EC'R TO AT PUBLIC CAU PEOPLE OF THE STATE OF CALIFORNIA.HOLDER OF AN EASEMENT FOR CONSERVATION PURPOSES RECORDED AENCY(IES)OR NON-PftOFlT ENTITY(IE5)ACQPTABLE TO THE CH.F EVE DIRECTOR OF THE CAl1FORNA JULY 23,2015 AS INSTRUMENT NO 20.5100383683 OF OFFICIAL RECORDS _ COASTAL OObSES W ON.MCWDING THE CITY OF HUNTNGTON BEACH,FOR PUB.ACCSS AND 01541. OUL USE RDS. WAS RECORDED ON J.ILY 23,2015 AS INSTRUMENT NO.T015CO0SBDBBf OF OFFICIAL PEOPIE'OF THE STATE OF CAUFORNIA,HOLDER OF AN EASEMENT FOR PUBLIC ACCESS AND RECREATIONAL RECORDS. USE PURPOSES RECORDED JILT 23,2015 AS INSTRUMENT NO.2015000363604 OF OFFICIAL.RECORDS. AN IRREVOCABLE OFFER TO DEDICATE AN EASEMENT OVER LOTS'2','M'AND'BB'TO A PUBLIC PEOPLE OF THE STATE OF CALIFORNIA.HOLDER OF AN EASEMENT FOR PUBLIC INFRASTRUCTURE AND PUBUC AGEACT(IES)OR NUN-PROFR WIVES)ACCEPTABLE TO THE E%ECUT9E DIRECTOR OF THE CALIFORNIA ACCESS AND RECREATION PURPOSES RECORDED JULY 23,2015 AS INSTRUMENT NO'S.20150003836ED AND. COASTAL COMMISSION FOR CONSERVATOR PURPOES WAS RECORDED ON ALLY 23,2015 AS INSTRUMENT NO 201500D383688,ROTH OF OF'FlCIAL RECORDS. 2015000341681 CC OFFICIAL RECORDS . • i 2 NOTES: 1. LOT A IS FOR ACTIVE PARK PURPOSES MD IS NOT A SEPARATE BUIU11N0 SITE 2. LOT B IS FOR SEWER LIFT STATION PURPOSES AND IS NOT A SEPARATE BUILDING STE. 3. LOTS C IS FOR PUBLIC SDEWAU%AND LANDSCAPE PURPOSES AND IS NOT A SEPARATE . BUILDING SITE 4. LOTS E THROUGH M ARE FOR LANDSCAPE PURPOSES MO ARE NOT SEPARATE BUILDING SITES. • _ LINE TABLE LANE TABLE(PINED) UNE TABLE(W4010 5. LOT N IS FOR PEDESTRIAN ACCESS AND DRAINAGE PURPOSES AND IS NOT A SEPARATE UNE 0ARNo LENGTH UNE BFAIWO LENGM IRE DAMN° IFH91H BUDDING STE. ' •U Ne9'4932'W 4,9E L. N56•04DP•E 11.11' on NeOlI'A'E 9.72 L2 FBa46571 354' •L30 Mr1039T 2165' LAO N3o12OD'C 127E 6. LOT 0 IS FOR PASEO PARK PURPOSES AND IS NOT A SEPARATE BULLING STE L3 NSSOOT7E '234' • LT N3p1D29T 11A7 L53 N5054'36'E 'I1DE LA 10304739'E 791' 032 N19'1314T 1511 504 N79121T7, 6.21' • 7. LOT S IS FOR PASSIVE PARK PURPOSES MD IS NOT A SEPARATE BUILDING STE 15 1126172IT 1033' L33 NIS4029T 1090 LW NN3047W 9.95' LB 41010'461 2222' 134 H57N122211 5.30' LW N4T400'W 2101' B. LOT T IS FOR OPEN SPACE PURPOSES AND IS NOT A SEPARATE SIRLOINO SITE C N32.O6NO'W 490 L35 N4DNETITO 34.07 L57 N57•0221'11 10.01' 9. LOT%IS FOR NATURAL TREATMENT SYSTEM PURPOSES MD IS NOT A SEPARATE BUILDING 10 RTFIVIYE UV L19 ,N52'S620'W 4247 LW N575511'W LBF SITEL9 NIDb4'PYW 467 137 M510W'W sin' LW A1T4E16E 923 US N1p2016TE 1251• 120 N0S39'DSW 3109' LID M76746E___12.03' 10. LOT Y IS FOR VEGETATED FLOOD PROTECTION FEATURE PURPOSES,AND IS NOT A SEPARATE LEI N161510'W 5.31' 130 NIf1701T 3546 L71 N11.0025•E 1449' BUILDING SITE LIT N55b11614 1927 LIM N76'37IST 9.07 L72 N6r354B'E 25.89' L13 NI 79'2a'N 2033 L41 NER2StST 3561' L. NIT4640E RID • 11. LOT Z IS FOR WETLAND AREA PURPOSES AND IS NOT A SEPARATE BUILDING SITE LI4 N1719'AlT 9490 L42 NSTM'9TE 29lT' LT4 N31'3123'E ST' 115 N13.33311 1176 L43 10074702E 20.41 L73 421103101 500 12 LOT AA IS FOR BUFFER AREA PURPOSES AND IS NOT A SEPARATE BUILDING STE LOB N657526W 555 L44 MB•I711T Slot LED N1E25.31T 2400 RAD UT NTVYOfW' 2,40 L46 N45'��''4439T We177 N55'12'36E 94W RAB • 13. LOT BB IS FOR OPEN SPACE PURPOSES AND IS NOT A SEPARATE BUILDING STE. LIE N14roT1YW ISO' L4B NW'SB46'E e.10 LT A7e99'31'W 24 T' 119 1131515'W 3,06 L47 0013700E 105E U9 116411'20E 24,00 IUD 14. LOTS C,N.0 AND T ARE SUBJECT TO PUBUC TRAILS AND PUBUC ACCESS PURPOSES PER L20 N27.0334'E 2237 L49 1RswYYE_ 691• Teo Nw140.3E 500 • EASEMENTS DESCRIBED HEREIN. l21 Nr1'15444 1263 1.49 N7116311 593 Let 14e4.313a'E 24.00RAD 15. L075 A.B MD S ARE SUBJECT TO PUBLIC ACCESS PURPOSES PER EASEMENTS DESCRIBED L22 .7.3f27T 21.W' LSD NW4552T IMO' LILY 406113fE 24W RAD HOTSN. • L23 NDr4302T 121E 151 8360212B• 626 LW A26133116 227E LESS N4514391 9173 l52 NSO'OI 0'E 863' UM N281p'S1'W 2027 16. LOTS 0,P.0,R,U,V AND W AS SHOWN ON DE APPROVED TENTATIVE MAP ARE NO LONGER N 004000 E W 17 w N54'DS'WT 1470' LW N641625T 24 W'RID • USED AS ACTIVE LOTS AND ARE NOT SHOWN HEREON. L26 0 9,136 T 13,93 L54 N36'355YE 113T NAB NOME51T 24,00'RAO 127 N39.22'12T 1DR L. M21039T 2229' Lin N2061'231 47D5 (THE LANGUAGE MCTVE LOTS..PASE0 PARK..PASSIVE PARK AND.ACTIVE PARK SHOWN HEREON L. -NCN4'WT 24 eY Lao Napg194 2499' Lae N69.3337'R 2B.1a' IS SPECIFIED BY THE COASTAL CONLIISSON AM CANNOT BE CHANCED.] L59' NO476'571 450E CUTE TABLE w1E CONDET)♦ E TABLE IWM'0) . CR CURVE DELTA AIDED MGM • EIMU TI a® ORSE DELTA BETS 18IGIN • C' 127543E 990 19.43 005'� 7L�ATi .3 -BAT 7f40df 101#-13.73 • 02 161420' 36,97 15.77 Man 07 1000=DM 040 3213754' V.07 1537 • . CJ 92.OEIO 11.W' 17.69' 0 �1�.1� 9 coanDY 2000293 CO e•551T 21001 3023 ER UCTSS ST[C] o0 rant 22500 1269. I3 n•ef3Y le Do. 19.32' I E IED0T0T mEI0.52 Ls SOT1T 225,DC. 2011' . .. CB f3749. 01.93 10.09' 0" IINNICe:A)I EYMITi2 G52 7'0635' 19W 1,25 07 199•24.5f 1e09' 2006 lillililw'ST�EITJII'.167 CW 75.0625' 40.00 60.30' OS 90'37a6' 10,00 254Y OiT2CE) i0liYX0 654 25.211f 7000' 3464' I4. C9 a9Y260 Moo' 2503 �le1,,M10•71:73wrn C55 13 0' am'2010W' ;I DO 9p61b9' 1500', 2654' D I MI cm 41.60'53' 4000 3130' • • CT 65'5545' 'MOON 2794' Mr.= al 10 CO'MEM U37 1157738' T00G 6117 C12 11171' 1000 256E IUMMESTAI 33B'WE9 C55 59.3430 10.071040 O3 012Y51' 1000 27,73 DICi1SQ•'7'A IMIMIN .TERIi G6• 40052' 23307 1694' . ON BI49'OY 10.0E MD MrIMEITiT;i)iTENNIM)ON MD 404044' 42.60, 301E C5 BMW' 25.03 39.2Y DI lillifP'T MIS C1 10'4670' 4256 7.03 05 0000W 16 PP 2427 0 11011[' 5060'WEFL1 C62 12'S0'2f 11000 24W' 07 6479D0 15.00 OBOE 5 IMTEMM$T0 RI COD O.352Y 120000 123E • GB 1T3654' 34,0V MAD WilErlIWAEFTMM7r5 W4 0050' 120007 1124, 09 46'WYY 1700' 9.44' © WS'flMMI3 CW T'40Dr 6000 1651' . C20 59104bf 4297 4141' I RUr-0 lINFM Uri OD 102'09' 600.W' 1009' ' ' AR1 264NTF TAO '39,12 ©t0LTP,Tat!37D 0ITO .7 0.5109' 100000 14.00 •• C22 51'0000' 1000' 5.90' ©E'!IA WTIEM7EEO Ca p4T0Y 1001467 116E ' C23 I031'79' 2000 SOY WEE�!$N^riniT,TNown cm 10129' 4600. 7.37 • SEE SHEET 3 FOR BASIS OF BEARINGS,DATUM STATEMENT,MONUMENT NOTES, .I RECORD DATA NOTES AND BOUNDARY AND SHEET INDEX MAP. • 957 i • • • DUPLICATE' .. SHEET 3 OF B SHEETS TRACT NO. 1537E SCALE T o 20G 111 NUMBERED LOTS AND LOTS A B,C,E THROUGH 0,INCWSrvE, IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, LOTS S,T,X,Y,Z,AA AND BB, STATE OF CALIFORNIA. GROSS AREA:44988 ACRES • (FINAL UNIT OF TENTATIVE HUNSAKER AND ASSOCIATES IRVINE,INC. i TRACT NO.15Gm PAUL R.HUDDLESTON,JR, LS.7083 DATE OF SURVEY:MAY,1997 AND JUNE,2013 BOUNDARY AND SHEET INDEX MAP `I is ®INDICATES SHEET NUMBER BASIS OF BEARINGS MONUMENT NOTES(CONTD): " THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN D.0.S HORIZONTAL CONTROL p! 5620ATES LNG AND DISTANCE OF LITT UNE:PROECRO4 FROM MCAT LOT CGRIER TO STATION GPS No.5095 AND STATION GPO No.5079 BEING NOO'10'S0'E PER RECORDS ON FEE IN LIONIAENT UIS OR-ERASE NOTED. THE OFFICE OF THE ORANGE COUNTY SURVEYOR FCUNOPUNCHED RAILROAD SAKE AT THE NINAI 101119DE INTERSECTION PER TRACT NO 578]• DATUM STATEMENT: ❑ PUNCHED 2m/a-11,FLUSH. Des GFS STA.Na 5095 N 2.266111.+07 E 8,019,584027 I. COORDWAIE9 SHOWN ARE BASED ON 7HE CALIFORNIA COORDINATE bi3N1,/(C(EA7),ZONE M.1983 NAD, FARO WELL MONUE7Jf NTH 21/r RWMNW DISC(1991.35 EPOCH OCS CPS ADJUSTMENT). (NE0GF)DN.1.5 AT THE slat!CENTERLINE 11- INIDtSECAa1 ACCEPTED AS THE MONUMENT PER TRACT No.BOO MIL 362/7-10, MS CPS STA. ALL DISTANCES SHORN AFE GROUND UNLESS OTHERWISE NOTED.TO OBTAIN GRID DISTANCES N0 5079 N 220,925107 E 6,015 9214E YLRTPLY GROUND DISTANCE BY 0.99998189.(SCALE FACTOR IS PROJECT SPECIFIC). FT' FOUND p��RARROA0 SPINE AT THE STREET CENTERLINE IN ERSECBON PER TR800 NO 5792• ( MONUMENT NOTES MILaa/e-11'a1 GDS. 'I ECM2'IRC1N PJE,NTH NAL NO TAD,NO REFE7EEM£(S30 'C duo40duo :i 2'IP.TAGGED LS 7083 CA LEAD,TACK&TAO LS 7083 OR MAL&TAD LS 7083 OR 8'S1W ST0MPEO Ea E5TAHI9ED COWER BY OTT TE$(BOO(NO.EER 037162.SHEET 4-13)PER TRACT NO 579E MUL II LS 7083 TO IE SET AT ALL"MCI BOUNDARY COdYRS YAM 90 DAYS AFTER ACCEPTANCE CF 220/0-11,IN.0.G5. • B8RO0fl.EN1S MESS OTENNE FAIRED, .I TURD ONOETE NAIL AT OSPER REFERENCE..NO TAG ND REFEREN MUSS 1'LP.TALKED LS 7053 CR LEAD,TACK&TAD LS 7063 OR NAL&TAO LS 7E63 OR 8'SIM STAUPED 5 ESTAIEJ0ED CORNER ON TIE @RERRE LIF GRAHAM STREET AT RECORD DISTANCE PER R.S.B. • • LS.7083 TO BE SET AT AIL LDT CMOS DCEPT LOT WdNEE THAT ARE TIE INTERSECTED OF 90E 92/19-28 FROM THE CENTER NE IN1910.90N CF SLATER AVENUE AND GRAHAM STREET. LOT MIS 111111 STREET ROMT OF WAY,WINN 90 DAIS M-ER ACCEPTANCE OF IVPR0T 10815 UH_E5S 01100105E NOTED. FOOD RAILROAD SPINE(NO PONa1 MARO AN)WASHER. MP(NO SIANG),NO REFERENCE(SL•55 -35'E LE ,TACK h W®CK 6 TAG LS 7083 TO BE SET IN TOP OF CURB CN ALL SEE LOT LINES PRO a1B),F1LSL FSTA)31$ED BY INhmtC71O1 AD CF Y • CCIIRYFFGR 011L SIDE LOT WISES RAAA.THROUGH n0P 70 5118LII IN CF W wTx N 90 EMS FOUR r IRON PPE NTH BRASS GP(1 3/d)STAIPED'06TD-R/W AT BC.FER RSB. AFTER ACCEPTANCE IF RIPRONB.409,UNLESS OTHERWSE NOTED.FM AIL 9DE LOT LINES NON-RACIAL CT I� 92/19-24 DAL 20. NC N-PE1d4A10AM 7D haaAt RIGHT of WAY,BEARNC AND 0STAME DF FRODUCIION IS/S NOTED FERE71 8 M ND YELL MO.NTH 2 1/2'BRASS CAP ST8PED"KB.air RR AECC O MCI 104/16,18 TRACT N0 108.,E MIL 513/14-14 DN 661'.ACCEPIEO A9 NW.COMER CF S 1/2 CF NW 1/4 DF IT SBSY SPACED LS 7083 CR LEAD,TACK B TAD LS 7033 01 I'LP.TAGGED LS 7083 TO BE SEC AT SEMEN 24 T.59.,R11 N ALL STREET CENTERJNE Par1S CF CONTROL W1NN 90 DAYS AFTER ACCEPTANCE CE ISFROVDEN1S I SUSS OTIETNSE NOTED. ❑9 FORD SIRE AND ROSIER STAFFED RGE 18752 PER TRACT NO 10853 MIL 513/11-14 FWSL ! NO WWNM9OW SAT SIIISINA 10�C LOT CCRY CANNER$UNLESS SNO MEINERS ARE NOTED. 1D N YELL NNPfrNT NTH 21/2'10053 DP SIMKO'COS CO'.PER RSB 104/16,PARCEL ❑ MAP Ns.1 W/39-M AND TRACT Na 105ST,MIL 513/14-19 DAL ACCEPTED 15 NYE CadEft • ROUTES TOAD MCNI ENT AS NOTED CK="TCN EF MaNU MI TO BE Si AS NOTED. SECTION aL TSS,R11 W II PDICAIEs NOT9NG ro BE SET. 11 FOUND RAILROAD SIRE(NO PLMON Mama FITS STY TES(BOO(BULGER 007I65 SHEET 10-13 AND LU BOON 007164 SHEET 11-13)PER TRACT N0 579E MM 220/8-11,61 GDS. A 9EUCATES MIND'CRINGE COUNTY 9REt0R CPS WNIR(L STATON N0UONI PER fE070 I2I SEAR0ED FOOD hawsON FRE IN 11E%TILE OF THE MANGE[CUNT'MENDER �' - . RECORD DATA NOTES: I 1 \ • I I ()INDICATES RECORD DATA AS NOTED. I 2I; u 1� 'ACE I]INDICATES RECORD AND MEASURED DATA A9 NOTED. / • n • .^c1 RI INDICATES R.SS 92/19-28 • / x il 1,0 I 1 j �' R2 INDICATES TRACT N0.579E MM.220/8-11. • La La U b0'la5 R3 INDICATES RS B7-1D0G RSB 169/25-36. / 11 /'ilµAO F 55 • a N 9 R4 INDICATES TRACT N0 10653,MM.513/14-15 ,LC' ,.=' Q Wm _ _ W i•.. L5 Ng P5 9dIIG:47F5 INST.N0 1896047818E aR I �� is nb-, s Dutmut \E CLENROY DRIVE i 4s DRIVE R6 INDICATES Boot(4850,PACE 07,OR \ ' a LANE 1<• >r I co R x a �`p� TRACT No.5792 R `5 s 1St TRACT NO.10853 / `0.47 �" M.P.1.220/8-11 'E 'EMI-1VORTH DRiVE, t y m� MIA.513/14-15 1 A s • :I ; �- ® ,- /g•3S3YW Bt 41 by •p n m 2e5164'(2ESS.TB•RI,2955.40'R2.265]Y'R3) — ILA © PT '. ID0.1.4z (\� --..\+ � " - 0003.2E R4,1203.7T R1 -�F' -- NI/. SIDLES' I 150RPY(15 u/08 'I .._ ©LO O .i J [47dro710 - PASSIVE LOT 0 1 I i /' "12 PARK I UST O RASED PARK LOT B /, 72 M LOT L I RIVEROAJE'+ - E.1 LE W a EI NORTHERLY PROLONGATION LOT BB LOT B _2 F-m ,q ,1,':. OFTEEA0101 UNECf ACTIVE 6. �m QY N M~_R ,5.. �OR D q@ PARK `tot tD5 100 70T L• F U • "=I� S0 ffi • LOT U LOTA �� 10E11�m 01 Bt ttl 1 g A �c r 0,z S AP Na 110-018-35 „M B , DO 05 '� I' . ▪ g I ©0 �0� Q ' 2 ..A F $ i °eaaa°F LorzQ"c©Q� w •Dy^� ® B®. o5 . N99".,VIi'E 4R00 r L� e Z o '1 123.00„ i I �,fia90 R6]� 1 6 i� �QQ • 0 4o©"e Q�ap = 1 I s /J I OQ Q LD 0©O -I' 513 �� a I it g� N :. LOT �� 4 O Q©4 & a III m g 16 g I V014011 0� ,s�51 �-e09" .1 g_d� nA liy, �I Sy§ OLOTM ®©• �� 0�1�W. 9VQp V VIaI I V' $C LOTY9 A©'©© _ ©�®® Og eB 0� O� S R 7 ®© ZeIQF ❑ 2 m I �..--- Wax, �i ® ®44© 33° F,Y�p OyNO • - 'a § �155AE LOT ' -Neo•se�21'e— TA •. © 0.�04061. 0I ?cam 12 ro off. BatnAal e"ouN"AarcT°" •e?' s' �•C(\k N '- /' ;/; 'l C' 5�r % 01C �P''� xe9.2Eat 1969as(TIE) 1 is 7/' ep r^7 QC1- NO• �OEL� a�di — © L� a.' � ASK•(91s�p+ ® \ /� SLATER AVENUE f ® �� MI S�� . [ Jr - SEE NOTES,NOTES AND UNE AND CURVETABlEB w� \ c 958 DUPLICATE • SHEET 4 OF B SHEETS TRACT N O. 15 377 .SCALEI.f=40' 111 NUMBERED LOTS AND LOTS A B,G E THROUGH 0,INCLUSIVE. IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, LOTS S,TO(Y,Z,AA AND BB. STATE OF CALIFORNIA. GROSS AREA 44.138E ACRESi . ' (FINAL UNIT OF TENTATIVE HUNSAKER AND ASSOCIATES IRVINE,INC. TRACT NC.153777 PAUL H.HUDDLESTON,JR. LS,7083 DATE OF SURVEY:MAY,1997 AND JUNE,2013 /il S KENILWORTH DRIVE TRACT No. 5792 1' M.M. 22.0.16_.1i ;. i O IISMS EW 248264' 0 ^_ (1) T LOT O.1.772 ACRES LOT B N 7c,f," 15 e a • 0,,,.PARK) ry� 6N4 ACRES\5+ h LOT 0 I fi �. �, .,':� c0 N1 • k^Df Y'99 3 gY ` 1.772 ACAES 2• N6B'333]1I 65760 -,•24,IW'W �,`Ip„�\ '•7 b3 Y'`be66lie b(PASEO PARK] -j-0 o I- 0.1 RIVERGATE 11 DRIVE / /;A Q i A\1 p 1 © A V - R .-r[ f_ NB9•]53TW 16275x `;+1 „T4• \ )�' g _ (T�� ' .� - -2R162' � ,•a3.3e'S,�R.� R*o,,-�n��u2•�•rT•gbr R.�� � .d.N_rL�'3� 6�S ��,y 41 � 1.... .,._ - N6P30ST"2127B' Tt -y b25' . A. Ma. 6Tj•T9yr, p__ .~4' I( ,^ •y /-NT 6A"7 l ]S7B' --'� �'22...,:GRj]"4�4 •F A`2'6'4P ? ,/__ N89'35'758 121.61' V I . 8 �m\Rl\ Q �Int(L416' I - ;-- BST]' �:�a 1 r R �. 61.76. �OT/� ---,iv, 1 g g au;,... o-.r'45g 4332 A 4,' ,- `b�6„=.NM' .i2]6'_..♦ H69a3ASrw r96 105 S;.fi i07 t Z• 5` .5. ° p./�•b,9• \ =-i.'n' a4i W . f w ^r .qI prt16• .V.SB L.IB- . -IV lu 111 X /•\'tiMe]x{' S060J L_]9.:: 1]2C _J p 1 E. ! .W9�3' -rV_, NB5.35.5f'A/ Q 4 `.. 1 gyp" �\ 1R1'gl'SY61 S �;;/PY.q V, i 6156' 56.52 , "`p/j b\l C56__\I �i. --_-4j, 1 3 Q M f- N83'SS3TN `•359.95 '4 RAU'••. 9V 'I ,� .� R°M?'3",N 44/ 165TIT \tI.`yi. V' I S.i J svo 'qfi,� \"mod.. R 7. �•.•N24. �__ NB9�'J7N 119.99' 15 4C Q z- 0 4 a 1•p� 1'736T , CC t OQ /) ., 4o. IAmt 4 U r 11 4'. i . ' • ` 9 ' 21-Li 4N "YW a � / r V k, N60'18 t1.11 N691Y32'W 10251' VARIES S �4 / k NAB eRC f ♦ m" t1. I 41pY } 4043,/7 �,- y 0 ;0. ) )$ 'i7p / ,, 52,, • t -Q a a+,i� ' `i. , • y; N y.., yr 1, 4P fit,4 •I • A L Jv b.40.Y- -- � • fS4 1/�i 7 . A ., . _ � 44 p ' • apr ��h ' 4 CR' dld s�i° � ;C� ` '' N, \ A . .. Vir_ - i• 6 j G0L0 s 7 :�T r i �, / . �� 8 • {�: :, Via.... ,--4(----- Fl CfiSET 5. / 1116: '6EAPoN6 r• 1EN661N_ /- 6. P2 S29.1PSP SEE SHEET 2 FOR SIGNATURE OMISSIONS,EASEMENT PS S26.1u31T 6]5 6.18' _ • /- .NOTES,NOTES AND LINE AND CURVE TABLES. 14 539•K67 6.t7 SEE SHEET 3 FOR BASIS OF SEARINGS•DATUM Ps mr3x52•W e.lo' P6 31926'S6V .36' STATEMENT,MONUMENT ROTES,RECORD DATA NOTES P7 1189.3331'1, 'Art • AND BOUNDARY AND-SHEET INDEX MAP. P6 1154•44'20'W S.w' P9 M43721'41.6!_6.W- . . %6 MIS2141•1Y 64,' . P11 44S21'4YW 62 959 • • DUPLICATE ' • SHEEP 5 OF 9 SHEETS S SEROLOTSAND TRACT NO. 15377 LOTS A B,C,E THROUGH 0,INCLUSIVE, IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, i .• LOTS T,X,Y,Z.AA AND BM STATE OF CALIFORNIA GROSSS AREA 44.989 ACRES - • (FINAL UNIT OF TENTATIVE HUNSAKER AND ASSOCIATES IRVINE,INC. • TRACT NO.153711 PAUL R.HUDDLESTON,JR, L.S.7083 DATE OF SURVEY:MAY,1997 AND JUNE,2013 r • SEE SHEET 2 FOR SIGNATURE OMISSIONS,EASEMENT NOTES,NOTES PI-COMET TABLE • AND LINE AND CURVE TABLES UNE I REARING I (flint . SEE SHEET 3 FOR BASIS OF BEARINGS,DATUM STATEMENT,MONUMENT S44•I9']I•E nu• • NOTES,RECORD DATA NOTES AND BOUNDARY AND SHEET INDEX MAP. it • TRACT NO. 1:3792 .:,.M. 2.20/8--i'I 1 Q xas]V]Y W 21R2aS Q I — ' 4]7.15 12 LOT o 1.222 AHEM T L (PASEO PARR) �- rvl N89•JS'STV 217.44• JL — A RIVERGATE DRIVE O I — 24Sm• -y..•;_4aar I - q - _ Nerz+'s;'w,m],sY _ - 157.547 4zoo'--' - - - "+ • I paI 24soo' ' ��' � _ T y N0P35'SYM ISM' I,g" $I m+�/1 281f7 l3 �_• Ia10C ' §l� Y N ']a']Pw 2tr.]9' --,"^ 1= L'�ti{"�:_h TS.w • ea00• •'-•p 9P F ,ti-•zod-7--54s --• mat- / •_2a_oo ^§ Nas•Y']Yw • ,SS05 --. �$ y l_'24.ad -].ao' �I 2'± b LOT K .I89•]5S7•R SOB 77 I I'Qa 92 9•! 0.018 ACRES z_I / 2 k k k • • II i NR4]ssrw 100.001 -_J 5)-@ 11 104 I3 105 106 % .E07 I 3 NR9 • 'SS']Ytl 1m ' L IN O] Ir., N 24 zt'gl i�. 'l--1° N Ik, Tar ; s 78 4 e' I 94 • I,' / 24. V/ N99.5+.2 * . I 91 RR .'._. ,•aror o-,•sroz'M- �1 iI s4.w• \ ,,.s RuoR' l 90.,d l 74) E-24ES U2110 `.I J; -1 7.E40'asY4' E G /I �. ` 1228Y - -�' , ]]SSYr y ;- I4 NE2•]577'w 218.31' ----- 1 I ..waraos•E RAD(R•7T61100.]I'-_�$ NRSZY27'E RID 1W05 2'-� O .1,--:!, b I N�Nsa]1'03 7.a tgr4-ro s./4 I gi s INS RAD 103 . co :;V 95 q I n I a _- I �4' 4iB 24' ,-,4, 90 9 IS I N'- 110505.11'E RAD,4YR5 :' v i too0d 4 W Y Y .g xw4•]94R'ERxn I-• III A Ia &s� ... It. 102 5ti� 109 E_i I NR4°1559'E P/D(p r7a')101]5--_a 4I.. Pl.''$• $ II I (R)yoT•f � 96 VIIl -i I6 NN.2+sE ao I ,E\ t`� I oI llli. 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Initi �R 6Ov o ''//�� Gs--�- ' 13 A. ? ;••- i. 5 /���}N- ,' % 14 s. \t. ¢, o :r:'' "=I' • _________\ 15 ga 1 r`' s'`` - r' I • ABU DUPLICATE SCALE B OF 9 SHEETS • TRACT N O. 15377 ' SCALE 1 e 40• 111 NUMBERED LOTS AND LOTS A B,C,E THROUGH 0,INCLUSIVE IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, • LOTS S,T,) Y.2,AA AND BB. STATE OF CALIFORNIA TRACT NO. 579. GROSS AREA,44.988 ACRES i V/!H-;; (FINAL UNIT OF TENTATIVE HUNSAKER AND ASSOCIATES IRVINE,INC. .M. 2. TRACT NO.15377) n PAUL A.HUD,LESTON,JR, LS.7083 DATE OF SURVEY:MAY,1897 AND JUNE,2013 • `}' N69'2527•N 2182.64' _- 1477.7a — —_ LOT O,.m aas h S'' `,sT r5 tegi Y3TN -`rs-.ao°'Ir3za 1 1 ,. �Y 5166 W49'35.37'N 917A6 ,�49 0 a�4a 1 wit 15 -O RIVERGATE 15 x69,>s•37-N,aysr DRIVE 0 — / - wad - n - 72.00.--.., z9a -y - - j'---ersa-:C-_- 2�-.., m �� A 24aar gi m z,aaa �lq�/ I t . $ ' --- NeB''3ssOaN 15/DamN - _• ^I; xans3nar%Kw Y- '� n� N R 11 �{ '�''}' 1 { I__ /T I rF",4 ! mar �' '1'4 '�\�- 60.oa N6P353'!•N! 160.Oa m0a F� _�/1 1� / _ . p r x697s3rN 1 IOW 24.ar u_9a ( r \ 24.0a /f • v Y `�x ':24aa• / = --LOT M g* '21"- j n8 LOT LJ �g } 74, I, Pta2s i i 55 q ame56i 1 m I� 0.08 76 N n BI 3? f 1 1 r I xerzs'3rx 2mar _-1% - N69'as'3YN 2mw' _.j$ f j L 'I 'mar %mar I 14I ,mow ,mar I FNI pp • 54 s b7 gl r 75 2 U 78 NI z 24'419 2S PIO G al I i 9i DO 1 i I NWEE371, 2oa0a ....„1 24 4 24 I N99.35.3 le 1 2m0a _-I I • • taaoa - 1m0a• 1aa.a9' •"7 1mm ' ./ } I 4 e' is I\ O i ) 1 Iq s W t'\ osE ow.-.: +I 24' 24' I- 53 Q--.. 58 •e 1 \ r a 74 7 Ft d I 79 I )� tip' 2'I 1 `.;�% .trC32'SS �+ E u_ N g l ( S; it ,�NB7'61'18•[RID(R=1176 100.4S •�.81 Nea^513•f RN11m0a ( N39'2609T P/D(R-W6)IDIOT �i :.• N86'36rorE RID 1M.Oa V Y I T ' , 1 h.:l NBCM'oa-- �..I O I 2 L� gm,..''1-'T'---/ (/� Ir4' RID v 4 Y PFa ill `qI S I �� �' • � 52a 59II 0.� I 4 4Il s 73 ..Rt. 80 st, 2a48.0 I I jam G NI •,mu k I I • Ll.;II I N96'3532•T PAD i'-„769 IN.N• J +'Nar2SESE RID ma3' NM'C'M'E RID 19-974) 'i ' wD RDS• Z IS6S9�/ 1 S�'E_ • NSY ma°' 1 I 1 �� I e 1 1 Cr)I 1 r n I q y t1 0_ l I r*1 Ire 51 Gg I 1G" 72 _.4 a 81 TM8\ Z1 1 T.,:: 1 \c• 11 �4 60 I vI IVAI r I 76•E9ND(pd„6l1a]-35 I I LR.916)lala \ 1 .•� Nem w•2a'Si .2.2a30•E Re01m°a I 1 :700.1.:0:47.1._:;‘,E.y, �.sssSE P"°tp0. y � yl $a w I I 'i I rK1 in \ G 2 \ 1 N r 50 a •• 61 q5\ y - * 82 • z1 \ 715. LWLI \ 1 D I Rg1`Ds'4t E RID LR.4170°I % • RID VW'°a 1 24 24• 1 n61F-_'102sS'$ E�,W \ 1 1 Z $ p9 rorE y4i' wiD GY4K ._ " q1 \ 111 \rn ,s 1, 49 ''.% q 62 �-au1\a ' "1\A 70 - 83 �`\ p \ • 241r N� 1 & \":s 6�,p4•4 .' \1 d 1 M�S45Z pW 1.1,7611 24,E-i, �6-'A �,SE�'p,OaDa y \\ Iti�ff7}rt aD BA 3 �a a`•'1�% '` 9 �254(E Pw'm� (Q\ 1Gy \\ .. 1 \°8. 2. , \ , \K 48 % 63 s>s.\ \\G1 69 1 84 S.s.\ 'C xg • 1 $ B\ � 1 \w�6 ,a,Ra \ :i \ & \- ,„o $N'4 \8�.S�. ta'"°'1 9.¢ cif \E, 1 1 \ , \ on�.„'ro0.---Q•cJ S8. hapax a O a 1^=/ee2BE"tD 4a .--i:1'3 V -EVID,m ,1,\V,6 \ \ NID',d4PE In 1 •el �yTE P1a �\ \ ,„ pW v.:',....3'iv a� b ,•, \\ 1 1 47 s: 4 \\ \ 68 w-1 85 ��\ , \ \ \ K a,A 6 \ \� \' lR ,a'� N \ ,,y8/ 1\ \B.$ Ad1h 5 r,SR! \ $� w0 �,9 yj sa Y�, Q' .'• \ ` . \,4 ors al, N i -`1�,E.K�. Odf�',0� \\ `�'• \\ „,,,,,4•E Nip. rl, -,, ,�"`t.,4 d• 'j% \\ \\,1 46 65 \\ 'e age \\'- c �,stAw °00 \ vxD LR.A6,`S▪:G c f h�.d \Pbh_3 h' h\ "\!i/ of N�,S'� '+'''al Q�. • \ \ \ 0g26$1. 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O1,0 ..„ Via'/ -i- 'v'.°'s y} S 5\x s \- , ;' &.-. f _ �s N9s % 17 `F ILLI''II 4`2 1\ 1a. a\ i, \ '4'4 SN1" /' ��,0�(x ' �. - ��e 18 a W \ �,?o \G1,a- ,,6 i 1U'ai h6pp'$ ODh 0 \ �\S\Yid goi/ �P vAO�EtA¢ t, 19 qg • '' • \\ i� a`- • / - 20 g �°' �sQ'� a 1 P 4 \ SEE SHEET�r i- 7 71 g& • n '_, ,b'is. 44;`'�a 0- .b. q0 t c\ Oc SEE SHEET 2 FOR SIGNATURE OMISSION&EASEMENT NOTES,NOTES 9$p0 P`a`8\•4 r SEE SHAND EE ET 3 FOR BASIS O CURVE TABLES.BEARINGS DATUM STATEMENT,MONUMENT / Kt,'%0 1 NOTES,RECORD DATA NOTES AND BOUNDARY AND SHEET INDEX MAP. 961 DU • PLICATE SHEET 7 OF 9 SHEETS TRACT N O. 15377 SCALE Te40' 111 NUMBERED LOTS AND LOTS A,B,C,E THROUGH 0,INCLUSIVE, IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, - LOTS S,T,X,Y,Z,M AND BB, STATE OF CALIFORNIA GROSS AREA 44.888 ACRES SEE SHEET -6 • _ (FINAL UNIT OF TENTATIVE HUNSAKER AND ASSOCIATES IRVINE,INC. 20 TRACT NO.15377) PAUL R HUDDLESTON,JR, LS.7083 DATE OF SURVEY:MAY,1097 AND JUNE,2013 N2641e•3I•N 104.00• • SEE SHEET 2 FOR SIGNATURE OMISSIONS,EASEMENT NOTES,NOTES 11 t AND UNE AND CURVE TABLES k SEE SHEET 3 FOR BASIS OF BEARINGS,DATUM STATEMENT,MONUMENT , 21 S • • NOTES,RECORD DATA NOTES AND BOUNDARY AND SHEET INDEX MAP. SEE SHEET 6 „26.19TIV 104,00' 64 6 5 66 - 24' 24' 1IR 22 t . 48. IR 2 r ifi J0 I r� N26Y971.19 104.Otl 48 47 : 23 g h 43 q.4 I_. g a —__ ...., N2TI9'31'N 104.ar .. S26`� ~`EUCALYPTUS Lq / 24 azR �_ N£b Pr i2:4j .-�bm•rm. �'Poar rt� 11y a i 11 i 6•IDTN'!e'11'40�/ 6 6•T,1ST— O __---�� N L - -C6.lt � A En N26'f9']I•N 101.W . -_Nu /h,�•b•4,J' UiDv R4,22A06• -a N6YIY5rE i • , B 8 • •, — N�—_ --E:58.W-- 1.5564r RAOPRC�I� o � � B0 LOT N O s I1,1.42' �,• 1` 0.096 ACRES 4, $ o-ra'46 o-r4�54e o-1 se'2D im 14D0 A� _ • W 4 LOT T N -8 N26'19']r8 10452 fn NN'S55YE RN_(R_46) 0.609 ACRE .^q , I\` I (1) j N4f'10'40'E RAD(R43B) 2 rlY'_ N • . N4P49'20'4 PID(Ra157,_j S 41 ? • . I 24• 24' Ig •25 A 1a . j N87'05'S,'W Rill(R 1I0) .. �, 42 W 43 'g I. 4 B' I g • q�$!� z . i W N25M9'T'N t01A0 . V • NNL556'W03'331,RM_�R�--_ - ' • MB'450257-RAO(R-00) N,0•IC51•N RB➢Mn1VJ__,r x1e•morN SOW,I C�j 26 z N,r,S'1 N,TH'41 W RID 204577) \ BAd7 N2 .4 �1 I"'50.ei' • _ PCC H,TIBRYN RAO Rvl_0,' t N2rY9•,rN 6431' N5T4Tb'E.f .N,9'4Y47N RAD(RR-T123 4A 0 t O x26'193PW 104.Od +N%m REPRO • 3 y 40 O R ni.`4.. . Y 1ao' G yj 27 Yt (+ 1�' W I-'ill • V) -8 I x26'1rs'N,m51• CZ x26'1607W:NW r C Vl N • • "'Aa'�"--� (3 o.. I V o52.1 R D(Ram), 39 8B , Is 8 ._.. 1 { �\ {av n • 28 g 0°� . \ N2b'IND1M 151.4Y ?:. N1b'7931'N 104.00' • N1C65brE RID�7� 44 a' ,\ D;}Lil MozDS)'E RID(R-4r1 St. 38 g 29 8 .a_ N6rm40•M__,f ' • $ 51 �" RAo GPC v 6y ii. Li • F1 N1r6Y0YE 2J RID P42 N26Y631'W 1050C $ N2T1631•N 10400 4•r 2'zrw S 0].6 x,e•u'n'N RAoSx-4r) 1- r R' Ao rcc LOT AA G�4 \/ G)-'. N]9.21'4Y'If RAR(5-12) - _ el 5.624 ACRES ;IP a. I g 11°3T Oe x66 a�.4fl J ct/ ./R PRO I . g ``37 5 N 30 S Ci) • (R•a) I •I 42 tC ,. NOT4T14•E 1126.1931•N,04.00' n..+••• RID P xer45.4441 _ EX N26Y3rImo' I .i Nir4YP[ _Rk0 C / l • P U.I RA0 RRC i7 L\124 PRC N]4M2'O6'E RM�2 ..: a.1 S St' Agrai30 F RAD(.15) F.t .36 ,g 24 4 8 24 S - • :s 0 - H; y N190Y51'•W.104D5 C)C-I k'3.31 B N06•,631Y/10,.ar �` O.z. . LOT Mg ACRES �, VI )2 07 32 100' �/p.�1-2'' 35 ( `-' I— N28.16',I"N 10400' N]]'rt10A . ;N In \ 2A6.• • 'd v 24' u'l 33 8 RID PRO ( -- q or,�/ \N29•,YO6t 1 .f 8. ij R10 / J RAD PRC I N2T1931'11 MAD'ry 119 - LOT T I I ( 1 / ;f'�14oC arse ac. I s x2e2'"ar•I9•nv-_1LR�A0-CPpC EE ,T^� •�� 4.",ass. j �' Ys 34 g 4.1 ..,%4-. i 1.96 00•E �•5 .Z[0t.� _ •. " t540•RWj I N2.6'78'S1'N 101.}Y 12ar•C, .I N26'163I^N 30152 . LNiL_D4'4rE •. 692 I_0T X . SEE .• SHEET 9 j • • ' 962 1 • DUPLICATE • SHEET 8 OF 8 SHEETS TRACT NO. 15377 -. �• SCALE r=4a DI NUMBERED LOTS AND LOTS A B,C,E THROUGH 0,INCLUSIVE IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, LOTS a T,X,Y,z,AA AND BB. STATE OF CALIFORNIA GROSS AREA 44.888 ACRES W _- (FINAL UNIT OF TENTATIVE QLa HUNSAKER AND ASSOCIATES IRVINE,INC, — TRACT NO.1537) (0� PAUL R.HUDDLESTON,JR, LS.7083 DATE OF SURVEY:MAY,1997 AND JUNE,2013 --- — _ SEE DETAIL F 1,N cx jo\ SEE SHEET 6 _ ------ --+ e�y9+ �� I HERM. `-_ ------ r/ I g' EUCALYPTUS L4NE R-+�°�=� , ^('- / F \` ssar tm �_:261 I Y ^ 'r' o-2a•]] 221.07 _al nNs 01226 15 I / is s,SQ4'• ; 6 _ — N00.11'VE Rele' _ _ - - - vat • ` tr19'9x�y11.90'iD• tP,'•• J Cb I' rO ff , % i LOT AA f oa o s VI 1 LOT A �,,,,e 5.624 ACRI3 W a i 99 O- 1.DDD AC= d1 VI 1 $ N,P45]9'W RID(R.AT_) Z • 1 I (ACiP1E PARK} ,-LSe-4e5Yir__[R=S9e--t (n y I / RN•�40'E RI•R(R.4 1 ]' N74']YSt'E RID(RNa)1, �•:• 'I v �*d ) R4TIY]a•E AA�,R ,31 „,-Ne2•I C22 J oy•�NZT]911'E G,f o-,,T .1. XI4'1615 E RM IR:a] 1 �• KTrla'x•E RAD KO - RAI,PRC xsrw•sa r, ••,' I 1 / C 6 y�+P -RTA "Rw RiC I Cr) // fit•' tisrsf3_YE_M la �, / •� rNT1.69W RAC(A•' +- ! / d' ! I RD]']112'W RID(�"�Y) j11 T4]'ath G5 / 8 I 4/ROT19'46'W RID(R.2 RA9 PRO • Y1 �--. ND9`YY27E 111.21' -'� 1 N]_9_'�C13'(_��')' I D PRO ] ( .4 v �, NSD'a9'29•E RAD R.aRa rR ,g •.I cy I c]T \`sc;.s�sy MD •]eT `r LOTS $ ) $ N42^b15Y�MD-(fi.f]!}- J'`� v I N84'®'14E RAD(R•I) 1"• 1 0.572 ACRES (:/ .N . pi ICU: MD 2 111 N91'If�15 W RAD(R•]Y (PAss15 PARK) ) 'ula•s 4:- RID(R� 44�' gfi4 u+ \\ . N24II]'09 E NOD(R• /.,,/ bg^ RAD aRb ig" .e*qO �-.4,/ • • v 1 9] R.iRl•. y' \' N01'1TE8'W RA9 S9-s__ �iV/I 0 N/1249'E RIDMD(R.297 f `T Val fli R ,e bay J. rii LOT Z s �•34 • Sfi68 ACRES 5. . IS3y $ / /�. ••\,N/6•D7]7'W_RAD(R.10Y1 I I$•11� O kg ��. s laa e MFire mo(R.].1j 5., • ndj I 'ilbJz : 1 F i Les -. Q . ;i IA/ I 1\�\ . to I a2-= LI 0$I 4 L '• . t z I5s dIr i�Yx ? .. R i.La9 k x ] s. LOT AA `to 7146 LOT 0 / :I 5.624 ACRES IA, CO s L47 y DETAIL • N.T.S. §f LlD • `. IS9.� $;". • G) RAO PRC _-•Meyr,1T 7tq• le ly • _ • LOT BB M9 -- "-" dr. • LU R '6?1• J1R2 ACRE N]4.2�•_u"_W_/• 1.44 Z RID RID SRC SEE SHEET 2 FOR SIGNATURE OMISSIONS,EASEMENT NOTES,NOTES • AND LINE AND CURVE TABLES. SEE SHEET 3 FOR BASIS OF BEARINGS,DATUM STATEMENT,MONUMENT ' • • NOTES,RECORD DATA NOTES AND BOUNDARY AND SHEET INDEX MAP. P2-OFFSETA9IE LI :f ,NE Wan ,EX9R{ w 11 P12 1 976'4W]9Y IL16' a]16Y - 'I•- 40111021S 112614' .• 963 , • i DUPLICATE , • - 111 SHEET SCALE UM r=40 NUMBERED LOTS AND TRACT N O. 15377 • LOTS A S.G E THROUGH 0,INCLUSIVE, IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, LOTS S,T,X Y,z AA AND BB. STATE OF CALIFORNIA. GROSS AREA:44.8BS ACRES (FINAL UNIT OF TENTATIVE HUNSAKER AND ASSOCIATES IRVINE,INC. TRACT N0.15377) PAUL R.HUDDLESTON,JR, LS.7083 DATE OF SURVEY:MAY,1997 AND JUNE,2013 SEE SHEET 2 FOR SIGNATURE OMISSIONS,EASEMENT NOTES,NOTES • . AND UNE AND CURVE TABLES. SEE SHEET 8 SEE SHEET 3 FOR BASIS OF BEARINGS,DATUM STATEMENT,MONUMENT NOTES,RECORD DATA NOTES AND BOUNDARY AND SHEET INDEX MAP. x7r64•m'w '� xRrw'Srw ��8 1 RN PRc a"�""` SEE SHEET 7 Na,_1a�9 W !, RA5 PRC 4 00 bg kgg DETAIL 4` d c 5 b A S LTS V , /43I 4A'fT RID in6 N6r{6',rs LOT BB " `�' • gN6514'DO'W RPS � Nfi411'6rW R.1D R,R S• / N6a`01'eix R.VI"0b1605, �_______� ' \ �' ,\ N1509' A/�D(Rs5 M4V1'06•E MC(Y]55•! N69'IRr55sW AP➢(R�16fi63 \ N78R00`00 W f7All(R�10'J �N0016'Sx E Rl�i (F.15) �� �% II • / )L1 N2 .4'4_5'W_ 66 .8 m \ LOT Y k a 00 LOT AA trt FO 9"s 5.624 ACRE R LOT Z I.o � d -I Al S� 5.666 ACRES 4., \\ A. 'ZIP—, ONL,5YW RAoA-FS) , SP /Nra1 Rs" . $) •715-1SiaSiiu5(R.VT LOT AA 5.624 1IAE 4�j1 •E t. RID PRC �SIIREVII ';` • tl03. ". 561 A S' rof•0W RM R 711 I t QI.7 • �i,, \ 5 / N50'rtr05'E RM MO MC 4. �+ • a6ti ri'�6h• 4 f`N51'3-2]2`E R^�lR'S1 `.N,S P- 36 0 •1••-L71 "a0. / R NT•OTO.TW_ $, , y<y RAD PRO -,, LEI ,;.„4-L15 '-L1 [) cP (^ 'Y. Y N�VR V �N,�§toy'�y w1'.) r •� E p • tO • a.V, 1 _ 5 VAS LOT T i J ' WGPXC // / b'.S _\i i_" �.4 V6914-1•- L.4A111' —_~ 0.659 ACRES' 4n '' I W'5= 53..- DETAI •L ' 1'4 S V.p-ys 8 / W'�. ., b ISSIII• /,'•, NOTgary 3-�\• I i-57%5[-Q HEREON y'`7f:R I P MSS PAD tln i'M �7• / �/y''- ['O� �j I ' - �' Ira t V NoPf // us ;, a• LOT AA a 4,, �\ 4Erb..R. -"-"A , U) • Lt)G /',/ di, 5.624 ACRE •4 �� • S. b'4 of 1.4 • ,g V. 7c 4 `t1 4 Yy 7� It.. 4� LOT X y a'S NT2_C�TC6•E 7,621 AWE • `�>F ;.✓' P6�'-'ate /`" <:i �R, 'ram • • t,a / . t0 0) ,,I. LOT Y &4`,,,y I 1.404 ACRE 144 4,' • / \ /'�aNsi ,c, • I •:,\ 7,,o i/ : 3 v 41e'* • s. \ yk r:• \ -• ktnw�M �•;?:'+ iY • ._ • • 964 .. ATTACHMENT #5 r NTINGr0 Cityof Huntin ton Beach - 1 =Fy 2000 Main Street • Huntington Beach, CA 92648 N. 9• • .CQ�� y,•:1 `=► OFFICE OF THE CITY CLERK --COUNT'? M �f9 JOCI Y CLERK FLYNNAN L. NOTICE OF ACTION June 9,2009 A. Richard Fitch, Jr._ Hunsaker&Associates 3 Hughes Irvine, CA 92618 • SUBJECT: Revised Tentative Tract Map Nos. 15377(R) and 154.19(R)/ Entitlement Plan Amendment No. 08-08'(Revisions to Conditional • Use Permit No. 96-90 and Coastal Development Permit.No. 96-18) Parkside Residential Development • • REQUEST: TTM: To revise previously approved plans for the Parkside residential development and subdivide approximately 45 acres.into 111 numbered lots and 29 lettered lots (Revised Tentative Tract Map No. 15377)for single family dwelling purposes including newly created,,restored and preserved wetlands and buffer area, a protected Eucalyptus grove, a Natural Treatment System Water Quality basin (NTS), a vegetated flood protection barrier, a trail system„and dedication and improvement of an approximately 1.0 acre public active park and 0.57 acre public passive park; and subdivide approximately 4.8 acres into one (1) lot(Revised Tentative Tract Map No. 15419)for open space and wetland restoration area. EPA:To amend Conditional Use Permit No. 96-90 and Coastal Development Permit No. 96-18 (in concept) and reduce the,number of single family dwelling units to 111 units; reduce the public park to 1.57 acres; and increase the amount of open space by creating, restoring, and preserving wetlands and buffer area, a protected Eucalyptus grove, a Natural Treatment System Water Quality basin (NTS), a vegetated flood protection barrier, and a trail system. APPLICANT: A. Richard Fitch, Jr. Hunsaker&Associates 3 Hughes, Irvine, CA 92618 • LOCATION: 1.7301. Graham Street, (west side of Graham Street, south of Warner Avenue, adjacent to the Wintersburg Flood Control Channel) DATE OF ACTION: June 1, 2009 . - j Sister Cities: Anjo,Japan • Waitakere, New Zealand (Telephone:714-536-5227) 965 Ci • ti. ..On Monday, June 1, 2009 the City Council.of the City of Huntington Beach took action on your application and approved the Staff Recommendation for Tentative Tract Map Nos. 15377(R) and 15419(R), and Entitlement Plan Amendment No. 08-08 with Findings and Conditions:of Approval (attached). This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California'you have ninety days. from the date of mailing of this notice to apply to the court for judicial review. Amendment to Coastal.Development Permit No. 96-18 is an approval in concept and future action by the California Coastal Commission. South Coast Area Office California.Coastal Commission 200 Oceangate, 10th Floor Long Beach.CA 90802-4304 (562)"570-5071• If you have any questions, please contact Scott Hess, Director of Planning at (714) 536- 5271. Sincerely, imtiod Ocjiiirg°.64). n L. Flynn, CMC City Clerk • Enclosure: Findings and Conditions of Approval:Revised Tentative Tract Map.No. 15377 and 15419/EPA 08-08, Action Agenda pages 2-through 5 • c: Scott Hess,Director of Planning Mary Beth Broeren,Principal Planner Rami Talleh,Senior Planner • • • 966 FINDINGS AND CONDITIONS OF APPROVAL REVISED TENTATIVE TRACT MAP NO. 15377 AND 15419/ ENTITLEMENT PLAN AMENDMENT NO. 08-08 (AMENDMENTS TO CONDITIONAL USE PERMIT NO. 96-90 AND COASTAL DEVELOPMENT PERMIT NO. 96-18) (June 1, 2009) FINDINGS FOR APPROVAL- REVISED TENTATIVE MAP NOS. 15377 AND 15419:. 1: Revised Tentative Tract Map No. 15377 for subdivision of 45 acres into 111 single family residential lots and several lettered lots for open space and landscaped areas and Revised Tentative Tract Map No. 15419 for the subdivision of approximately 4.8 acres into one (1) lot for open space and wetland restoration areas are consistent with the General Plan Land Use Element designations on the subject property; Local Coastal Program Land Use Plan, and other applicable provisions including the provisions for Planned Unit Developments. 2. The site is physically suitable for the type and density of development. The project, site is generally flat and able to accommodate the type of development proposed from a circulation and drainage perspective. The site is required'to be elevated in compliance with City's requirements for new construction and the Conditional Letter of Map Revision from FEMA,approved June 6, 2002 and therefore, requires approximately 225,000 cubic yards of compacted fill. The proposed fill and grade will permit the site to be developed consistent with adopted plans and will result in a gross density of 4.4 units per acre (net density of 5.7 units per acre),which is below the allowable density. 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 majority of the site and the entirety of the area of the development footprint has been previously used for farming and does not contain habitat for wildlife or fish. Buffers between the residential uses and areas that will be preserved as open space are included in the design of the subdivision. 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 public access through the site to the Public.Park and public trails in the vicinity.• FINDINGS FOR APPROVAL—ENTITLEMENT PLAN AMENDMENT NO. 08-08 (AMENDMENT TO CONDITIONAL USE PERMIT NO.96-90): 1. Entitlement Plan Amendment No. 08-08 for the development of 111 two-story, detached single family residential units as a Planned Unit Development(PUD), with a minimum lot size of 5,500 sq.ft., an average lot size of approximately 6,200 sq.ft., and typical 55'frontages; construction of a 1.0 acre active park, a 0.57 acre passive park and a 1.8 acre paseo park; retaining walls greater than two ft. in height; and { 967 x J development 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 be graded to minimize drainage impacts while complying with the flood requirements of FEMA and the City. The proposed grade differential to adjacent residential properties will be mitigated through the use of substantial landscaped setbacks and tree requirements. The project will include preservation of ESHA and the preservation and restoration of wetlands, which will be in preserved open space.The project includes significant infrastructure improvements that will have regional benefits. 2. The entitlement plan amendment will be compatible with surrounding single family residential and open space land uses. The project includes two-story homes that are similar to the surrounding developments; it also incorporates buffer areas for aesthetics and intensified landscaping. Open space areas are located adjacent to existing open space areas to maximize use and buffers. 3. The proposed project will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. Variations to the wall heights are permitted by conditional use permit and lot size and width variations are allowed as part of a planned unit development. 4. The granting of the conditional use,permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Low Density Residential and Open Space—Conservation. In addition, it is consistent with the following,goals and policies of the General Plan: Policy LU 9.2.1: Require that all new residential development within existing residential neighborhoods (i.e., infill) be compatible with existing structures, including the use of building heights, grade elevations, orientation and bulk that are compatible with the surrounding development. Policy LU 14.1.1: Accommodate the development,of public parks, coastal and water- related recreational Uses, and the conservation of environmental resources in areas designated for Open Space on the Land Use Plan.Map. • The proposed homes are compatible with existing,homes in the area in terms of style, materials, and colors. The buildings are well articulated and will have enhanced building elevations along street frontages. The building pads are higher but there is a setback buffer along the north property line. The development will also include an approximately one acre public park and a network of trails. Furthermore, the development includes approximately 23.7 acres of land set aside for preservation of ESHA, wetlands and buffer areas. FINDINGS FOR APPROVAL INCONCEPT'-ENTITLEMENT PLAN AMENDMENT NO. 08-08(AMENDMENT TO COASTAL DEVELOPMENT PERMIT NO. 96-18: 1. Entitlement Plan Amendment No. 08-08 for the development of a 111-unit single family residential project including park and infrastructure improvements and the preservation of ESHA,wetlands and buffer areas within an area of deferred certification in the coastal zone as modified by conditions of approval, conforms with 1 968 4 ` . l the General Plan and the Local Coastal Program. The project layout is consistent with the Low Density Residential and Open Space—Conservation land use designations on the property. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as Well as other applicable provisions of the Municipal Code. The proposed development complies with all development standards except for the increased retaining wall,heights, and the minimum lot width and size, which are allowable in the RL district through the CUP process. The development will be in compliance with City and FEMA requirements pertaining to flood protection. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Waal Coastal Program. The proposed project will provide all required infrastructure consistent with the Local Coastal Program and City requirements in accordance with the project phasing plan. 4. The development.conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not permanently impact public access or recreation opportunities in the coastal zone; the project will add opportunities for access to surrounding trails and a proposed public park and will improve a proposed bikeway adjacent to the channel and the developed portion of the site. CONDITIONS OF APPROVAL—REVISED TENTATIVE TRACT MAP NOS: 15377 AND 15419:. ' 1. Revised Tentative Tract Map No. 15377 and Revised Tentative Tract Map No. 15419 dated November 18, 2Q08, shall be the approved layout except as amended per the conditions stated herein and'as follows: a. Lot No. 1 of Revised TTM 15419 shall be designated open space conservation area and shall be a part of the adjoining open space conservation area within Revised Tentative Tract Map No. 15377. 2. The final map for Tentative Tract Map No. 15377 shall not be approved by the City Council until.Zoning Map Amendment No. 96-5(R) and General Plan Amendment No. 98-1(R) are approved and in effect, and a Local Coastal Program Amendment has been approved by the Califomia Coastal Commission for the implementation Plan. ' 3. At least 90 days before City Council action on the final maps, CC&Rs shall be submitted to the Departments'of Planning, Public Works and City Attorney's office for review and approval_ The CC&Rs shall include the following: a. Special provisions and guidelines for the HOA to implement; fund, and regulate the maintenance of the Public Park softscape and landscape improvements,,which includes the irrigation system, lawn areas, ground cover areas, shrubs and all trees located within the Public Park(Active park area, Lot A); all common area landscaping; private drainage facilities and inlet structures; private Water Quality Treatment Systems; wetlands (existing and renaturalized); Passive Park(Lot S); emergency access road; the six foot 969 '.... concrete sidewalk adjacent to emergency access road linking Greenleaf Lane to Street"A"; Buffer Areas; Eucalyptus trees; bike trail links; slopes; decomposed granite walkways;open space areas along.Graham Street; surface drainage for lots"B"thru "Z"; and Lots"AA", "BB", and "CC" by the Homeowner's Association (HOA). Maintenance includes all weeding, fertilizing,pest and disease control and plant replacements, the removal of non-native and/or invasive species, replacement of the original approved plant materials as required,tree trimming, irrigation adjustments, dust control/sweeping, as specified or designated structure or upkeep/ replacement equipment, and trash clean-up. The standards for maintenance shall be per the City adopted Arboricultural and Landscape Standards and Specifications and other relevant standards related to the improvements and shall include the Arboricultural maintenance section for public property for tree trimming and care within the common areas. The emergency access road shall be maintained in conformance with the City's Fire Department special design criteria and approved structural section exhibits. b. An exception shall be made in the CC&Rs to provide that the City of Huntington Beach shall maintain and be responsible for all play equipment, hardscape (concrete or hard paving) adjacent to or part of play equipment, picnic tables, gazebo and related facilities, cushioned or rubberized surfacing, sub-surface drainage features or pipes six inches or • larger, benches and any hardscape related improvements or structures within the Park boundaries. c. Special provisions and guidelines to implement,fund, and regulate the maintenance of slopes,fences and retaining walls that serve as or are contiguous to flood control protection or features, except within the County Flood Control right-of-way and the vegetated flood protection feature or FEMA certified levee in lot"Y".The CC&Rs will provide that the HOA will maintain the landscaping and irrigation on the vegetated flood protection feature in lot"Y". d. Special provision to prohibit the blocking or screening of fire hydrants located in public right-of-way. e. Language:that will include and reference special provisions and guidelines for funding, implementation, maintenance, monitoring, and updating of the approved Water Quality Management Plan (WQMP) including treatment train. The WQMP shall be included in the CC&Rs as an attachment or addendum for conformance with NPDES requirements.The CC&Rs shall restrict any revision or amendment of the WQMP except as may be dictated by either local,, state or federal.law and the City of Huntington Beach Local Implementation Plan (LIP)._ f. Notification to purchasers that there will be a City public park and protected open spaces within the tracts with HOA maintenance responsibilities, and that vehicular access to Greenleaf is for emergency purposes only. 970 4. ? 1 g. Notification to purchasers that landscaping for individual housing lots and recreation areas adjacent to an environmentally sensitive habitat area or buffer shall not include any exotic invasive plant species. h. Reference the Special Utility Easement Agreement that is required for the on- site public water system. i. The Pest.Management Plan and Domestic Animal Control Plan and provide funding and implementation of a Pest Management.Plan and a Domestic Animal Control Plan, j. The Homeowners Association(HOA)shall enter into a Special Utility Easement Agreement with the City of Huntington Beach for maintenance and control of the area within the(public)water pipeline easement,which shall address repair to any enhanced pavement treatment, etc., if the public water pipelines and/or appurtenances require repair or maintenance. The HOA • shall be responsible for repair and replacement of any enhanced paving due to work performed by the City in the maintenance and repair of any water pipeline. The Special Utility Easement Agreement shall be referenced in the CC&Rs. (Resolution 2003-29) 4.,The following,conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. The Final Maps shall be consistent with the approved Revised Tentative Maps. b. Vehicular access rights to all public streets, 'either proposed or existing, shall be released and relinquished to the City of Huntington Beach except at locations approved by the City Huntington.Beach. (PW) c. The grading plan and improvement plans shall be submitted to the Department of Public Works for review. The engineer shall submit cost estimates for determining bond amounts. (PW) d. A final sewer design study of the project system shall be submitted to the Department of Public Works for review and approval. The developer shall design the sewer system including replacement of the existing lift station on Graham Street, as required to serve the development and upgrade the system in conformance with the approved preliminary study and City design criteria. The City may, at its own discretion, construct the sewer lift station and associated conveyance lines to maintain temporary service of the existing station, and relocate facilities as needed to lot"B"within the development. Separate conveyance instruments for the lot and easements may be used if the lift station construction precedes recordation of the map. The developer will enter into a reimbursement agreement with the City for their fair share of the lift station improvements. (PW) 971 i ati 7 e. Prior to:first plan check submittal,,a hydraulic water capacity analysis is required to confirm appropriate.on-site sizing and layout of the public On-site Water system. The City will perform the analysis based on the City's hydraulic water model. The developer must coordinate this effort with the Public Works and Fire Departments to initiate this endeavor • and shall be responsible to pay the City for all related fees required to perform the analysis. (PW) f. Final hydrology and hydraulic design analysis and calculations for both on and off site drainage facilities shall be submitted to the Department of Public Works for review and approval. The project improvements • shall meet the intent of, and be consistent with or of equal effect to the facilities proposed in the Conditional Letter of Map Revision (CLOMR) issued by FEMA on June 6, 2002. On-site drainage shall not be diverted or concentrated to adjacent properties, but shall be handled by a Public Works approved method. The final design analysis of the system shall be consistent with the approved preliminary studies. All pad elevations must comply with FEMA design criteria in conformance With the CLOMR(BFE 2.2 feet National Geodetic Vertical Datum (NGVD)).and as directed by the City of Huntington Beach, Department of Public Works. Gradients:or flowlines less than those permitted in the City's Grading Manual shall not be permitted in earthen swales without prior approval from Public:Works. (PW) g. Conservation easements shall be recorded for Lot 1 of Tract 15419 and Lots AA, BB, CC, and Z of Tract 15377. h. The following shall be shown as dedications to the City of Huntington Beach on the Final Map No. 15377 and/or Final Map No. 15419 as applicable: 1) The 1.57 acre public park(Lots"A" and"S")shall be dedicated to the City of Huntington Beach in fee simple for parkland purposes pursuant to Section 254.08.H. of the HBZSO. The applicant shall submit to the Department of Public Works a Grant Deed, along with a preliminary title report, granting a fee ownership in the parkland unencumbered by any easements or covenants, both recorded and unrecorded,which restrict any and all uses by the City. it shall be the applicant's responsibility as part of the dedication to obtain, record, and submit all necessary quitclaims ensuring unencumbered. The designated land shall also be certified as clean'in conformance with the City's Soil Clean-Up Standard, City Fire Specification 431-92, by an acceptable testing firm. Upon acceptance of the Grant Deed and the submittal of a title insurance policy in an amount equal to the appraised value of the land, the City Clerk, if granted authority as part of the acceptance of the tract map by City Council, shall record the Grant Deed for the parkland dedication. (PW) 2) The domestic water system and appurtenances as shown on the improvement plans for these tracts. Easement widths shall conform with the City of Huntington Beach Standard Plan No. 600. (PW) 972 3) Lot"B" and the sanitary sewer system lift station,force mains and appurtenances as shown on the improvement plans for these tracts. (PW) 4) The storm drain and water quality system and appurtenances as shown on the improvement plans for both tracts, except those facilities designated to be maintained by the HOA as designated on the Revised tentative maps and as shown on the improvement plans and as prescribed in the CC&Rs. Easement widths shall conform with the City of Huntington Beach Standard Plan No. 300. (PW) 5) A 2.00-foot wide public utility easement along both sides of each street, per Standard Plan No. 104. (PW) 6) Graham Street for street purposes. (PW) 7) An emergency access road from Greenleaf Lane to "A" Street. The minimum width shall be 30 feet. (PW) 8) "A" Street through"F" Street for street and utility purposes. (PW) 9) An easement for public pedestrian access purposes for the two bike trails linking the flood control channel with "C" Street. 10)An easement for public access purposes 10-feet in width adjacent to or in proximity to the northerly right-of-way of"A" Street within Lots, "B", "C", "D" "O","P" "Q" "R","S", "T", "U", "V", and"W", the paseo park, passive park and open space lots (with the exception of Lot"BB"), and Lot"N"the pedestrian access.lot. 11)Lot"Y" in fee simple for flood control and levee purposes. Lot"Y" may also be dedicated to the County of Orange if the Orange County Flood Control District agrees to accept it for these purposes. 12)Lot"X" in fee simple for water quality purposes. i. All street lighting shall be conveyed to Southern California Edison Co.for maintenance and operation. (PW) j. A reproducible mylar copy and print of the final tract map shall be submitted to the Department of Public Works at the time of recordation. (PW) k. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual,.Subarticle 18 for the following items: (PW) 1) Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. 2) Provide a digital-graphics file of said map to the County of Orange. I. Provide a digital-graphics file of said map to the City per the following criteria: 973 fTh Design Specification: 1) Digital data shall be full size(1:1) and in compliance with the California coordinate system—STATEPLANE Zone 6 (Lambert Conformal Conic projection), NAD 83 datum in accordance with.the County of Orange Ordinance 3809.. 2) Digital data shall have double precision accuracy(up to fifteen significant digits). 3) Digital data shall have units in US FEET. 4) A separate drawing file shall be submitted for each:individual sheet. 5) Digital data shall be in compliance:with the Huntington Beach Standard Sheets, drawing names, pen color and layering conventions. 6) Feature compilation shall include, but shall not be limited to: Assessor's Parcel Numbers(APN), street addresses and street names with suffix. File Format and Media Specification: 7) Shall be in compliance with the following file format: .AutoCAD (version 13 or later) drawing file: _.D.WG 8) Shall be in compliance with the following media type: co Recordable (CD-R) 650 Megabytes m_ No construction traffic or vehicle access shall be taken from or to Greenleaf for any purpose other than emergency vehicle access. Any future connection of Greenleaf to the development for public street purposes or private access shall be prohibited until'otherwise conveyed through.a public hearing process before the,City Council. n. A.Certificate of Insurance shall he filed with the Department.of Public Works and approved as to form by the"City Attorney. (PW) o. All improvement securities(Faithful Performance, Labor&Material and Monumentation Bonds)and Subdivision Agreement shall be posted with the Department of Public Works;and approved as to form by the City Attorney. (PIN) 5.The following conditions are required to be completed'prior to issuance of Precise Grading Permits: a. A Precise Grading Plan, prepared by a Licensed Civil Engineer; shall be submitted to the Department of Public Works for review and approval_ Final grades and elevations on the grading plan shall not vary by more than one,(1) foot from the grades and elevations on the approved Tentative Map unless otherwise required by these conditions and'shall conform to FEMA requirements for elevation above the flood;water levels as directed by the Department of Public Works. The recommendations from Section 7.0 and 8.0 of`the geotechnical.study, Appendix E of the EIR, shall be incorporated into the earthwork activities. (MM)The recommendations of the report'in Appendix'E 974 C i t, t shall be augmented or superseded where necessary by the updated Geotechnical Study, dated November 25, 2008. The following public improvements shall be shown on the plan: i. Class I bike trail and adjacent lot slopes along the channel. (PW) ii. Two bike trails linking the flood control channel with"C" Street. iii. All slopes, walls, and drainage control devices: (PW) iv. The owner shall submit a"Notice of Intent" (NOI), along with the required fee, to the State Water Resources Control;Board (SWRCB) in compliance with NPDES general construction permit requirements. Copies of the.NOI and the written replies received from the SWRCB shall be submitted to the City. (PW=MM) b. A sewer lateral shall be provided for each habitable lot per city standards. (PW c. All structures over twenty feet(20') in height from the point of connection at the public Water source shall require a backflow protection device on the domestic water service unless otherwise approved by the Water Division. (PW) d. Separate irrigation services, meters and backflow devices shall be required for any Homeowner Association(HOA) landscaping. The softscape portion of the Public Park, (Lot"A"Active Park and Lot"S" Passive Park), shall be included. and tied with the irrigation service to the HOA common area landscape. (PW) e. Each proposed dwelling unit shall require a separate domestic water meter and service. All domestic water meters shall be sized in accordance with the California Plumbing Code (CPC) and the requirements of the City of Huntington Beach Department of.Public Works and the Fire Department. (PW/FD) f. Plans for EMERGENCY VEHICLE ACCESS at Greenleaf/LOT A.shall be submitted and approved by the Fire and Planning Departments. The plans shall indicate gate location, method to secure, slope, and overall final elevation change along and adjacent to the alignment. (FD) g. Final finished grade for the park shall be subject to the approval of the Departments of Public Works and Community Services. The final finished grade shall, at a minimum: i. Protect existing trees, meet police department visibility requirements, provide proper drainage, meet conditions for maintaining a playable. park and a passive park and if necessary provide a drainage interceptor at the toe of the existing slope that transports run off to the storm draih system prior to entering the playable park area except as required to maintain buffer or conservation areas and landscaping. (PW) ii. The finish grade in the City park site shall be raised with a City approved topsoil. (PW iii. The slope of the Public Park pad, (Lot"A"Active Park), shall drain either toward the Naturalized Meadow Grass area or to B Street. The minimum accepted slope.fordrainage shall be as allowed by the. 975 City's Grading Manual. There shall be a low berm (18"to 30" high as measured vertically from the sidewalk), or a slope up to B Street of the same height along the back of sidewalk of B Street with the side slopes graded to a maximum of 5:1. The drainage of the lot if toward B Street,shall drain through under sidewalk drainage structures. Said walkway locations shall'be designed so that any concentrated water drain-ways shall not erode the decomposed granite walkway. If the drainage is toward the Naturalized Meadow Grass area there shall be no heavily concentrated flow areas, and the water shall be directed away from.the Tot Lot, Gazebo and Swing Set area. (PW) iv. The gradient and configuration of the emergency access road shall be approved by Public Works and Fire. (PW/FD) h. The Developer shall design and construct a new wet well/dry well sewer lift station and force main as required by the City to replace the existing station in Graham. The new station shall be sized to accommodate existing and the proposed development flows. The existing station shall be abandoned,in- place by the developer as directed by The Department,of Public Works. The used pumps/controllers shall be returned to.the City Yard.The design of the lift station shall comply with all design requirements and criteria of the City of Huntington Beach. The City may; at its own discretion; construct the sewer lift station and associated conveyance lines to maintain temporary service of the existing station and relocate facilities as needed to Lot"B"within the development. (PW): i. The Developer shall submit a Hazard Mitigation.and Flood Protection Plan to the City of Huntington Beach for review and approval. (4K) j. The Developer shall design and construct the ultimate improvements to the north levee of the East Garden Grove-Wintersburg Channel (C05) per County of Orange Flood Control District's adopted design standards (sheet pile and cathodic,protection, or an equivalent lining if approved by the County). Said channel improvements shall be_constructed from the westerly right of way of Graham Street to the westerly edge of the vegetated,flood protection feature. Requirements of the Federal Emergency Management Agency(FEMA), the U.S. Army Corps of Engineers where appropriate, and the Orange County Flood Control District(OCFCD)shall be observed in the design and construction of all channel and abutting slope improvements in and adjacent to the channel.A cooperative agreement between OCFD and the Developer shall be completed for any cost sharing, special design criteria, or conditions of the work to be undertaken prior to the issuing of a grading permit. (PW) k. The Developer shall remove the existing Oil-field access bridge over the 005 channel westerly of the Slater Pump Station, unless otherwise directed by the Orange County Flood Control District. (PW) I. The Developer shall install two (2) new pump systems (motor, pump, controls, heat exchanger, and necessary appurtenances)within the existing vacant pump bays, or shall replace existing pump systems to equal the proposed efficiency and pumping capacity of the existing plus two new pump systems in the Slater Pump Station as determined necessary by the.City Engineer (equipment to match/equal City specification). Subject to the review and approval of the City Engineer, a request for fee credits may be considered for 976 improvements exceeding the:developer's required project impact mitigation. For purposes of fee credit,the value of each existing pump bay to be utilized shall.be considered to be$300,000 unless it is proven'to the satisfaction of the City Engineer to be.a different.amount:. 'The developer will be required:to make capacity improvements to the system as necessary to drain the subject development and tributary flows to:the.site'as required by the Department of Public Works. The applicant,shall also.obtain necessary written.approvals from the County of Orange end'other pertinent agencies as required prior to issuance of grading permits. .(PW) m. The Developer shall design and construct off-site drainage:improvements at required by the Department of Public Works to mitigate'impact.of increased runoff, as well as conveyance.of ultimate'upstream flows'or deficient, downstream drainage systems. Design of all necessary,drainage improvements shall provide mitigation for all rainfall event frequencies up to a 100-year frequency. The Developer shall provide the necessary hydrologic. and hydraulic studies as.required to,justify final:pad elevations on the.site'in conformance with the latest FEMA requirements, and provide any needed data to update that portion of the.City's_Master Plan of Drainage to reflect the: 'changes and improvements of this project in the plan. The vegetated.flood protection feature(lot"Y")::shall conform to the FEMA and U.S:.Army Corps of Engineers'Design Guidelines:(most specifically USACOE-Manual EM.1110-2- 19'13:)Among the'items of design criteria to be included'are the following: (PW) • i. The top of levee or vegetated flood protection feature shall be wide enough;to accommodate a minimum 12-foot-wide clear . access for maintenance vehicles. 'Drainage swales and flow:lines along the brow'of the levee shall not be Within the 12-foot:travel area. If walls are'incorporated into the design,.drainage swale • flow lines shall be.a minimum'of 18-inches from'the.wall and shall be concrete gutters or other compatible structure or device to minimize-erosion behind the wall,. ii. The waterside of the levee shall;be 2;1 or steeper with riprap or similar slope protection, or flatter than 2:1 without hard slope' protection. Walls in combination with slopes may be used:as approved by the City. iii. The landside of the levee'shall.be 2:1 or steeper with riprap or similar slope protection, or flatter than 2:1 without hard..slope protection to minimize seepage and permit easy maintenance: iv: The levee design shall include a seepage barrier. Ifsheet piles are employed,.no seepage barrier is.required.. Transitions from exposed sheet piling:to.earthen,berms shall be concrete lined or an:approved,alternative. v. A-vehicle turnaround with a turning radius or hammerhead design consistent with the wheel base.criteria of maintenance,vehicles shall be provided at.the end of the levee or vegetated flood protection feature:maintenance road within lot in,a manner approved by the'Department of Public Works. • 977 vi. The road surface on the top of levee or vegetated flood protection feature shall maintain a minimum elevation of 13.6 feet as shown on the approved Tentative Map or a minimum 1-foot of freeboard above the committed water surface elevation in the channel, whichever is greater.The top of levee or vegetated flood protection feature shall tie into the existing topography to prohibit a breach or intrusion into the subdivision from seawater high tide events or storm flows. (PW) n. Storm Drain Improvement Plans, Storm Water Pollution Prevention Plans (SWPPP) and Water Quality Management Plans (WQMP) conforming with the current National Pollution Discharge Elimination System (NPDES) requirements, prepared by a licensed Civil Engineer, shall be submitted to the Department of Public Works for review and approval. The WQMP shall also be submitted to Orange County Coastkeeper for review and comment. (PW) i. To the greatest extent feasible, low flow urban runoff from Cabo del Mar shall be directed to a gross pollutant removal device. ii. Gross pollutant removal devices (CDS or equivalent)for the removal of debris, sediment, oil and water separation, etc., shall be installed as part of the treatment train for the main line systems.Access to these devices for maintenance shall be provided and included within an easement to the City. iii. The developer shall design and construct a low flow urban runoff treatment train for partial flows from the Slater Pump Station, which may be conveyed to the East Garden Grove-Wintersburg Channel (C05). iv. A SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of the development. The plan shall incorporate all necessary Best Management Practices (BMP's) and other City requirements to eliminate polluted runoff until all construction work for the project is completed. v. A WQMP shall be prepared, maintained and updated as needed to satisfy the requirements of the adopted NPDES program and the City of Huntington Beach Local Coastal Program. The plan shall incorporate water quality measures for all improved or unimproved phases of the project.All structural BMP's shall be sized to infiltrate, filter, or treat the 85-percentile 244hour storm event or the maximum flow rate of runoff produced from a rainfall intensity of 0.2 inches per hour.The WQMP shall include an extensive Home Owner's Association education program, including information booklets and packages for each homeowner,and periodic informational programs to keep owners current with WQMP practices and requirements. (PWI4K) o. A Funding agreement or Memorandum of Understanding (MOU)for a pro-rata share of the maintenance and replacement of the public water quality treatment train shall be completed between the City of Huntington Beach and the developer prior to recordation of the final map and prior to the issuance of 978 1 • precise grading permits. The agreement shall be incorporated by reference. into'the CC&Rs.of the development. p. A Landscape and Irrigation Plan,.prepared by a Licensed Landscape.Architect, shall be submitted to the.Departments of Public Works and.Planning for'review and approval. The Landscape Construction Set shall'identify the location, type, size and quantity of all,existing plant materials'to remain, existing plant • materials to'be removed and proposed plant materials;an'irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval.. The plan for non-Open Space-Conservation.areas shall prohibit the planting, naturalization or'persistence of invasive plants.and.shall encourage low-water use plants, and plants primarily native to coastal Orange County. The plan shall include irrigation demands to ensure proper irrigation service sizing. (PW/4K) q: The landscape plans shall.be in conformance with the.Zoning and Subdivision Ordinance, applicable:Design Guidelines, and the Local Coastal Program. The plan shall include all common.area's,the proposed' active and passive City Park, Graham Street setback area,.and.the paseo park. The paseo park along the north property line shall include intensified landscaping to further screen possible headlight intrusion. (PW/MM/Code Requirement) P. A Habitat Management Plan shall be prepared.fora areas designated Open Space-Conservation, which shall include restoration, enhancement and perpetual conservation and management of delineated wetlands; wetland.and habitat mitigation, and establishment of appropriate buffers from development. The Plan.shall be.submitted to the Departments of Public Works;and Planning for review and approval. (4K) s. An erosion control.and silt control plan for all water runoff during construction and site preparation work shall be submitted to the Department of'Public Works. (PW/MM) t. Street Improvement Plans for improvements.to Graham Street'shall be prepared per the City of Huntington Beach Standard Plan No.'103, (to 80'/64'standard), and submitted for review and approval. The developer shall include the following modifications to'achieve the minimum number of travel lanes specified and include any additional striping modifications • • 'identified by the Transportation Manager to best accommodatespecific traffic.operations (PW/MM): • • - i. Improve Graham Street along the project frontage,.as needed, to correct the stopping sight distance and stacking problems • .between the crosswalk.across.Graham at.Street"A"and the crest of the Wintersburg Channel Bridge as approved by the 'Department of Public Works. 'Restripe Graham Street from Street"A"to Glenstone Drive With a seven (7)foot bike lane in each direction, one twelve(12)foot through lane-in each'direction, and:a fourteen:(14)foot painted two-way left turn median. (MM) 979 iii. Restripe Graham Street northerly from Street"A" as directed by the Department of Public Works, to transition with a seven (7) foot bike lane in each direction, one eighteen (18)foot through lane in each direction,and a fourteen (14)foot painted two-way left turn median. A protected left turn pocket on Graham Street, (northbound to westbound)shall be provided with appropriate tapers in accordance with the design speed, (50 mph). Signage shall be added to the intersection of Graham Street and Kenilworth Drive to keep intersection clear. (MM) iv. The developer shall design and install signing and striping plans in accordance with Public Works Standards u. Internal public streets shall be designed and constructed as follows (PW)` i. All street grades shall have a minimum gradient of 0.50%. ii. Street"A" ("Entry Street") shall be designed and constructed per the City of Huntington Beach Standard Plan No. 104 modified, (56'/361 A dedicated left turn lane and dedicated right turn lane (within 26'from median island to outer curb face)exiting onto Graham Street shall be provided.A 15-foot wide median island shall be constructed at the entry. No parking or driveway openings will be permitted on Street"A"from Graham Street to the end of lot"C". iii. Streets "B"thru"F,"shall be designed and constructed per the City of Huntington Beach Standard Plan No. 104 Modified, (48'/36'). iv. Parking layout shall conform to City Standards and the City's Subdivision Ordinance and Municipal Code requirements, including Municipal Ordinance No. 10.40.050. Thirty (30) parking spaces shall be provided for park parking above the count required for residential lot guest parking. No on-street parking shall be permitted adjacent to emergency access areas in compliance with Fire Department Standard Specification 401 and 415. v. Curb, gutter and sidewalk along all street frontages, per City Standard Plan Nos. 202 and 207. vi. An ADA compliant access ramp at the corners of all street intersections, and where required by Federal and State code. v_ Access for the handicapped in conformance with Title 24, shall be provided from the public sidewalk into the public park at the northerly and southerly ends. w. The applicant shall demonstrate to the satisfaction of the City.Transportation Manager that standards(including ADA)regarding pedestrian/bicycle safety along the perimeter sidewalks will be met. (MM) x. The Developer shall design and install Southern California Edison owned street lighting.The plan shall include the height, location, and intensity of 980 streetlights on-site. Street light spacing shall be in conformance with City of Huntington Beach Standard Plan 411. (PW/MM) y. • A traffic signal shall be designed and constructed for the intersection of Street"A"and Graham Street. (MI6) z. The traffic signal shall be hard-wire interconnected with the existing traffic signal at Warner Avenue and Graham Street per Public Works Standards. and Specifications. (PW) aa. Traffic Control Plans, prepared by.a Licensed Civil or Traffic Engineer, shall be submitted to Public Works for review and approval, for work within the City's right-of-way. (PW) bb. A licensed engineer shall prepare a detailed soils and geological/seismic analysis. This analysis shall provide detailed recommendations for grading, over excavation,engineered fill, dewatering, settlement, monitoring, protection of adjacent existing structures; landscaping, chemical and fill properties, liquefaction requirements, retaining walls, streets, and utilities. Said report shall also provide recommendations to certify that post development ground water conditions shall not be affected or affect improvements.The report will provide recommendations for rough and precise grading. The developer shall provide a minimum of four(4)agricultural soil tests for fertility and suitability Within the park area prior to developing a finish-grading plan. In addition, a geotechnical expert shall be on-site daily during dewatering to monitor soil conditions. A diminimus permit from the Regional Water Quality Control Board shall be required. (PW) cc. If soil remediation is required, a.remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and.approval in accordance with City Specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties; details on how all drainage associated with the remediation efforts shall be retained on site and no wastes or pollutants shall escape the site; and shall also identify wind barriers around remediation equipment. (PW) dd. Soil imported for the park area shall be approved by the City Landscape Architect. The developer shall employ a soil test lab approved by the City Landscape Architect to obtain and test soils that are-to be utilized in raising the grade of the proposed park area. After a topsoil source is approved, the developer shall guarantee that said soil is delivered to the site and used on the park. (PW) ee. For import soils,the project shall comply with all provisions of the HBMC Section 17.04.085 and Fire Dept. City Specification 429, Methane District Building Permit Requirements. (FD) ff. Provide proof that all site soil meets the requirements found in the City of Huntington Beach Soil Cleanup Standard, City Specification No. 431-92. (FD) gg. The Fire Department must be notified of who will be the environmental site auditor supervising testing operations during soil import. The selected 981 ) . environmental firm is responsible for obtaining.Fire Department approval for their testing plan. (FD) hh. The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Departments of Planning and Public Works. In addition, clearly visible signs shall be posted on Graham Street every 250 feet, and at Greenleaf Lane indicating who shall be contacted for information regarding this development and any construction/grading- related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/She will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, dust. control, water quality,truck routes, construction hours, noise, etc.. Signs shall include the applicant's contact number, City contact(Construction Manager(714)536-5431) regarding grading and construction activities, and "1-800-CUTSMOG'in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No.403. (PW) ii. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to any such grading. (PW) jj. The developer shall coordinate with the Department of Public Works, Transportation Division in'developing a truck and construction vehicle routing plan. This plan shall specify the hours in which transport activities can occur, restrict heavy equipment and haul trucks from arriving and leaving the site to between 8:00 a.m. and 8:00 p.m. during the school year, and specify methods to mitigate construction related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. Staging of trucks shall occur on-site. (PW/MM) kk. A grading/erosion and dust control plan shall be completed and must abide by the provisions of AQMD's.Rule 403 as_related to fugitive dust control;and provide a plan to the Department of Public Works indicating such compliance. (PW) II. 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 Planning Department. The plans shall identify materials, seep holes and drainage. Double walls shall be prohibited. Protective fencing or barriers shall be installed along any interface with developed areas to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas. (4K) mm. If grading occurs during the normal breeding season for the red-tailed hawk and other raptors locally, (February 15 through August 31), a survey shall be conducted for active nests. Should active nests be located within the zone of potential disturbance due to grading or construction activities, work shall be limited to areas 500 feet away from the nest,until the young have fledged and have begun foraging away from the nest site. The 500- foot protection zone shall be fenced with visible warning-color materials. 982 i p J • Nest trees'shall be removed during the non-breeding season only. (MM/4K), • nn. The property owner shall conduct a subsurface test investigation for CA- ORA-1308 and 1309 to determine the:horizontal boundaries:of the sites as:well as tor confirm the.surface:conclusions of non-significance as • indicated.in the March, 1997 Archeological Assessment..This:may be accomplished though the mechanical excavation of a number of auger holes as well.as two (2):1x1 meter hand excavated units for stratigraphic control.The subsurface'test investigation (including a'discussion of • significance (depth, nature, condition, and extent of resources),final mitigation recornmendations and cost estimates shall be'submitted to the Planning Director for review and'approval. (MM/4K)' oo. The applicant shall create,.if deemed necessary through Condition No. 5(kk), a cultural resource management plan based on the subsurface test results. A full data recovery program shall be'designed if site avoidance is not feasible through design. Possible recovery plans include, but are not limited to preservation, salvage; partial salvage, or no mitigation necessary. The plan:shall include conservation-With'the appropriate Native American'Organization:and be reviewed and approved,by.the Planning Department. Additionally, the plan shall require peer review in conformance with the Coastal Commission's Archeological Guidelines. (MM) pp. The property owner shall:provide written evidence that a;certified archaeologist has been retained and shall be present:at the pre-grading. meeting/conference, shall:establish procedures for archaeological resource surveillance, and shall establish'procedures for temporarily halting or redirecting work to permit the sampling, identification and • evaluation,of the artifacts as appropriate:The archaeological resource, surveillance procedures shall include a provision for'Native American, review of,grading'operations: If additional or unexpected archaeological features are discovered,the archeologist shall report such findings to the applicant and to the Planning Department and the appropriate.Native American Organization. If the archaeological resources are found to 'significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and%or salvage. These actions, as well:as final mitigation and disposition of the resources, -shall be subject to the approval rof the Planning'Department. (MM/4K) qq. .A bikeway plan shall be submitted'to the City of Huntington Beach's Departments of Planning and.Public Works, in consultation with the Manager of the County.PFRD/HBP'Program Management and Coordination,for approval of consistency with the Orange County Bikeway Plan. (MM) rr. ,A Public Access Plan shall be submitted to.the City of Huntington Beach's Departments of'Planning and Public Works and shall be coordinated with and include the bikeway plan..(4K) ss. The applicant shall submit and have approved a noise'mitigation plan•to the Department of Planning that will reduce or mitigate short-term noise impacts to nearby noise sensitive. The plan shall comply with the City of J 983 Huntington Beach Noise Ordinance and shall include, but.not be limited to (MM): • 1) Criteria of acceptable noise levels based on type and length of exposure to construction noise levels; 2) Physical reduction measures such,as temporary noise barriers that 'provide separation between the source and the receptor;temporary soundproof structures to house portable generators; and. 3) Temporary generators"(if utilized) shall be located'as far as practical from sensitive noise receptors. 4) Mitigation measures such as restrictions on the time of construction for activities resulting in high noise levels. tt, 'The applicant shall be responsible for the:incorporation Of measures.to reduce construction related traffic congestion into.the project grading permit. Measures, subject'to the approvat and verification by the Department of Public Works, shall include, as appropriate(MM):. 1) Provision of rideshare incentives. 2) Provision of transit incentives for construction personnel.. 3) Configuration of construction parking to minimize traffic interference. 4) Measuresto minimize obstruction ofthrough traffic lanes. 5) Use of a flagman to guide trafficvirhen deemed,necessary. uu: The applicant shall produce evidence acceptable to the City Engineer that: (MM) 1) All grading and construction vehicles and equipment,fixed or mobile, shall be equipped and maintained with effective:muffler systems that use state of the art noise attenuation, 2) Stockpiling and/or vehicle staging areas shall be located as far as practicable from sensitive noise receptors: 3) Operations shall comply with.the City of Huntington.Beach Noise Ordinance. vv. The applicant shall produce evidence(specifications),acceptable to the City.Engineer that the new wall along'Graham,Street(along the project's .boundary adjacent.to proposed homes on Graham Street)will be constructed to achieve maximum sound attenuation.(MM) ww. The recommendations contained:in the:geotechnical'study, located in Appendix E'of the EIR, shall be incorporated into the earthwork activities of the proposed proJect to the satisfaction of the City Engineer. Earthwork activities include all grading, clearing and demolition;,site'preparation; unsuitable soil removals, backcUts, excavation processing, compaction of all fills, mixing, benching, inspection, sUrvey control, subgrade preparation, cut and fill slope construction, haul roads, import soils, structural load and settlement/subsidence measures, and storm drain relocation. (MM).The recommendations of the report in Appendix E shall 984 be augmented or superseded where necessary by the updated Geotechnical Study, dated November 25, 2008.. xx. The applicant shall contract with a dewatering,expert to prepare a detailed Dewatering Plan.This plan shall include the placement of monitoring wells near the northern property line to evaluate ground water levels during the proposed project dewatering activities.The dewatering activities shall be adjusted immediately if the monitoring wells show ground water level changes which may affect subsidence of adjacent properties.The Dewatering Plan shall be reviewed and approved by the Department of Public Works. (MM) yy. A Phase II environmental soil sampling shall be conducted to determine the residual levels of pesticides in the soil.,If inappropriate/unsafe levels per County Health Department standards are identified by this analysis, "clean up" measures shall be recommended and implemented. The Phase II sampling and any necessary measures shall be approved by the Department of Public Works. (MM) zz. The applicant shall provide a Water Quality Management Plan showing conformance to the Orange County Drainage Area Management Plan and all NPDES requirements (enacted by the EPA)for review and approval by the City Engineer. The plan shall reduce the discharge of pollutants to the maximum extent practical using management practices, control. techniques and systems, design and engineering methods, and such other provisions which are appropriate. (MM) aaa.The applicant shall be responsible for assuring that construction vehicles be equipped with proper emission control equipment to substantially reduce emissions. (MM bbb.The developer shall submit a hydraulic computer water model analysis for the development proposed,which addresses the following: 1) Water demand required by project(including fire flow demand as determined by the Fire Department) 2) Master Plan/General Plan Amendment(GPA)review for consistency. 3) The City of Huntington Beach Water(Master Plan) System Computer Model (i.e. H2ONET) must be run with the proposed land use demands, (i.e. GPA), and contrasted with the model run using the existing land use demands, (i.e.the General Plan, in effect at the time the Water Master Plan was adopted). 4) The City of Huntington Beach Water Division must be contracted to 'perform this analysis using the existing City of Huntington Beach Water System Model, for a fee to be paid by the developer a minimum of 30 days in advance. If the analysis shows that project demands cannot be met with the City's current water system,the developer shall be required to upgrade the City's system to meet the demands and/or otherwise mitigate the impacts of the project at no cost to the City. (MM) ccc. Irrigation systems within the Park and the open space areas., which. minimize water waste, shall be used to the greatest extent possible. Such measures should involve,where.appropriate,the following features: 985 • 1) Raised,planters and berming,in'conjunction with closely spaced low volume, low angle (22'/degree),sprinkler heads.. • 2) Drip irrigation 3). Irrigation systems controlled,automatically to ensure watering during early morning or evening hours to reduce evaporation losses. 4) Temporary irrigation systems for wetland restoration.are excluded from these provisions. 6. During demolition,,grading, site development, and/or construction, the following, shall be adhered to; a. Water trucks will be utilized.on the site and shall be available to be used throughout the day during site"grading and construction to keep the soil damp enough to prevent'dust being raised by the operations and When.leaving the site. Wet.the area down,sufficient enough to form a crust on the surface-with repeated soakings, as necessary,to maintain the crust and prevent dust pick up by the wind; spread soil binders;and implement street sweeping as necessary. (MM) b. All haul trucks shall arrive at the site no earlier than 7:00.a.m. (8:00 a.m. during the school year) or leave the site no later than 8:00 p.m.,and shall be limited to Monday through Friday only, (PW) c: During construction,the area shall be wet down in the late morning and after work is completed for the day(MM). d. All trucks hauling dirt, sand,,soil, or other loose substances and building materials shall be covered,or to maintain a minimum freeboard of two feet between the-top of the load and the top of the truck bed sides, (MM) e. Install vehicle wheel-washers before the roadway entrance,at construction sites. Prior to leaving the,site,wheels Of all haul trucks shall be washed"off on-site on a gravel surface,to prevent dirt and dust from leaving the site and impacting'public streets: Install vehicle wheel-washers before the roadway entrance at construction sites. (MM). f.. Where feasible, pervious paving materials shall be used to reduce surface water runoff. (MM) g. Comply with appropriate sections of:AQMD Rule 403,,particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. Wind barriers shall be'installed along the perimeter of the site. (PW) i,. The remediation operations"shall be performed in.stages concentrating in single areas at a time la minimize the impact of fugitive dust and noise'on the surrounding areas: (PW) 986 • j. Comply with the"Storm Water Pollution Prevention Plan" and"Water Quality Managemerit Plan"requirements. (PW). - k. Discovery of additional contamination/pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly. Discovery of contaminated soil and/or abandoned oil wells require immediate fire department notification. All project processes in the immediate discovery area shall cease until,approved plans are in place. (FD) I. Construction equipment shall be maintained in peak operating condition to reduce emissions. During clearing,grading, earth moving, or excavation, maintain equipment engines in proper tune. Truck idling shall.be prohibited for periods longer than 10 minutes. (MM) m. Use low sulfur(0.05%by weight)fuel by weiight_for construction equipment. (MM) n. Phase and schedule construction activities to avoid high ozone days. Discontinue construction during second stage smog alerts. (MM) o. A phased schedule for construction activities to minimize daily emissions shall be complied with. Treat unattended construction areas with water(disturbed lands which have been, or are expected to be unused for four or more consecutive days). Schedule activities to minimize the amount of exposed excavated soil during and after the end of work periods. (MM) p. The planting of vegetative ground cover as soon as possible on construction sites shall be required. Use vegetative stabilization,whenever possible, to control soil erosion from storm water especially on super pads. (MM) q. On-site parking shall be provided for all construction workers and equipment unless approved otherwise by the Department of Public Works. No Parking, will be permitted in restricted area and on Graham Street (PW) r. Enclosures or chemical stabilization of open storage piles of sand, dirt, or other aggregate materials-shall be required. (MM) s. The construction disturbance area shall be kept as small as possible. Control off-road-vehicle travel,by posting driving speed limits on these roads, consistent with City standards. Use electricity from power poles rather than temporary diesel or gasoline power generators when practical. The applicant shall be responsible for assuring that vehicle movement on any unpaved surface other than water trucks shall be terminated if wind speeds exceed 15' mph. (MM) t. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements,including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday-Saturday 7:00 AM to 8:00 PM. Alt heavy equipment shall arrive or leave the site no earlier than 8:00 A.M. and 987 t no later than 8:00 PM during the school year. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) u. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading-activity. v. The property owner is responsible for all required clean up of off-site dirt, pavement damage and/or restriping of the public rights-of-way as determined by the Department of Public Works. (PW) w. The property owner shall be responsible for paving all access aprons to the project site and for the maintenance,of the paving. (MM) x. The property owner shall be responsible for incorporating measures to reduce construction related traffic congestion with the implementation of .rideshare incentives, transit incentives, construction area parking, use of flagmen, and implementation of measures to minimize the obstruction of through traffic lanes, as deemed appropriate by Public Works. (MM) y. The project shall provide easy access into and within the project site for emergency vehicles and addresses shall be well marked to facilitate response by officers. Prior to the first final inspection, project site plans depicting these requirements shall be reviewed and approved by the Police Department. INFORMATION ON SPECIFIC CODE REQUIREMENTS—REVISED.TENTATIVE TRACT MAP NOS. 15377&15419: 1. Revised Tentative Map Nos. 1537.7 and 15419 shall be valid for two (2) years of the date of final approval which is from the time the Local Coastal Program Amendment and Coastal Development Permit for the area is deemed certified by the California Coastal Commission. An.extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date. 2. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 3. All applicable fees shall be paid from the Building, Public Works, and Fire Departments fees prior to map recordation. (PW) 4. All new and existing overhead utilities shall be installed underground in accordance with the City's Underground Utility Ordinance. In addition, all electrical transformers shall be installed underground. Aboveground transformers may be allowed due to certain groundwater conditions locations and shall be approved by the City Engineer and City Landscape Architect. 988 tiTh CONDITIONS OF APPROVAL=ENTITLEMENT PLAN AMENDMENT NO. 08-08 (AMENDMENTS TO CONDITIONAL USE PERMIT NO. 96-90/COASTAL DEVELOPMENT PERMIT NO. 96-18): 1. The site plan, floor plans and elevations received and dated January 21, 2009 shall be the conceptually approved layout with the following modifications: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights-of-way: Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults: Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) b. Individual building site plans shall be reviewed and approved by the City's Departments of Planning and Public Works. The final building layout shall be within the building envelope as depicted on the Building Envelope Plan. (MM) c. Depict the location of all gas meters,water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non- obtrusive, not interfere with sidewalk areas and comply with required setbacks. d. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent"spillage"onto adjacent properties and shall • be shown on the site plan and elevations. (MM) Street lighting, exterior residential lighting and park lighting, if any, adjacent to ESHA and buffer areas shall be limited in intensity and shielded in order to minimize impacts to these areas. e. Non-reflective materials shall be utilized to the extent feasible. Individual building site plans shall be reviewed and approved by the Planning and Public Works Department. (MM) 2. 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 site plan and floor plans and the processing fee to the Planning Department for addressing purposes after street name approval by the Fire Department. (FD) c. All Fire Department requirements shall be noted on the building plans. (FD) 989 4., I d. To maintain required emergency access and site safety during project construction phases, submit a:Fire Protection Plan in compliance with City Specification#426-Fire Safety Requirements for Construction Sites, or other City Specifications approved by the City Fire Department. (FD) e. Fire access roads shall be provided in compliance with City Specification#401- Minimum Access for Fire Department Access, or as approved by the City Fire Department. Fire Access ROads shall be provided and maintained in compliance with City Specification#401, Minimum Standards for Fire Apparatus Access. Driving area shall be capable of supporting a fire apparatus (75,000 lbs and 12,000 lb point load). Fire Access Road Turns and Corners shall be designed with a minimum inner radius of seventeen feet(17') and a minimum outer radius of forty five feet(45') per City Specification#401 Minimum Standards for Fire Apparatus Access. For Fire Department approval, reference and demonstrate compliance with City Specification#401 Minimum Standards for Fire Apparatus Access on the plans. (FD) f. Fire hydrants must be installed and be in service before combustible construction begins. Shop drawings shall be submitted to the Department of Public Works and approved by the Fire Department. Indicate hydrant locations and fire department connections. The number, spacing and location of all lire hydrants shall be as approved by the Fire Department and the Public Works Water Division. (FD) g. An automatic fire sprinkler system shall be installed throughout each unit. For Fire Department approval, plans shall be submitted to.the Building Department as separate plans for permits (FD). h. A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to Building as separate plans for permits. The system shall provide water flow, tamper, and trouble alarms, manual pull stations, interior and exterior horns and strobes, voice communication, and 24-hour central station monitoring. (FD) I. Street names must be approved by the Fire Department. Please refer to City Specification#409-Street Naming Process, Public or Private. (FD) j. A detailed soils analysis shall be prepared by a Licensed Soils Engineer and submitted'.with the building permit application. This analysis shall include on-site soil sampling and laboratory tasting of materials to provide detailed recommendations regarding:grading,foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete-and the protection thereof.(BD) k. An engineering geologist shall be engaged to submit,a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g- ' factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) 990 • Floor plans shall depict natural gas stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units. m. Contact the United States Postal Service for approval of mailbox location(s). n. The recommendations contained in the geotechnical study, located in Appendix E of the EIR shall be incorporated into the structural design of the proposed project to the satisfaction of the City Engineer. Structural design activities include: Foundation Design; Settlements including Foundation Loads and Seismically Induced Settlements; Post-Tensioned Slab/Foundations; Mat Foundations; Other Foundation Recommendations such as Footing Embedment, Underslab Treatment, and Subgrade Moisture Content; Concrete Driveways, Sidewalks, and Flatwork;.Structural Setbacks; Retaining Walls; Other Design and Construction Recommendations such as Lot Drainage, Utility Excavations, Utility Trench Backfill, Corrosion, Metallic Structures, and Concrete Structures.(MM) The recommendations of the report in Appendix E shall be augmented or superseded where necessary by the updated Geotechnical Study, dated November 25, 2008. o. It shall be proven to the City that all structures are designed in accordance with the seismic design provisions of the latest California Building Code in effect in Huntington Beach to promote safety in the event of an earthquake.(MM) p: Building plans shall be submitted to and approved by the Fire Department. If during the Fire Department's plan check it becomes evident that fire ground operations will become impeded, the department will impose additional fire code requirements in addition to the automatic sprinkler systems, alarm systems, access roads, etc. (MM) q. The applicant shall consult with the Police Department during preliminary stages of the project design to review the safety features, determine their adequacy, and suggest improvements. (MM) r. The applicant shall consult with the Water Division and Park,Tree and Landscape Division of the Public Works Department during design and construction of the Park for further water conservation measures to review irrigation designs and drought tolerant plant use, as well as measures that may be incorporated into the project to reduce peak hour water demand. (MM) 3. The following conditions shall be completed prior to issuance of Building Permits: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department; and submit 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials sample board, and massing model to the Planning Department for inclusion in the entitlement file. b. A precise grading permit shall be issued. (PW) 991 J c. The final Tract Maps shall be:recorded with the County of Orange and a copy filed with.the Planning Department. (PW/Code Requirement) d. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant'materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. The plan shall include all common areas,the proposed City Park, Graham Street setback area, and the paseo.park. The paseo park along the north property line - shall include intensified landscaping to further screen possible headlight intrusion. In addition, Revised TTM 15419 shall consist of non-invasive, native drought tolerant or wetland plant material without,a permanent irrigation system. (PM e_ The Consulting Arborist(approved by the City Landscape Architect)shall review the final landscape tree planting plan and approve in writing the selection and locations proposed for new trees and the protection measures and locations of existing trees to remain. Existing trees to remain shall also be addressed by said Arborist with recommendations/requirements for protection during construction. Said Arborist report shall be incorporated onto the Landscape Architect's plans as construction notes and/or construction requirements. The report shall include the Arborist's name, certificate number and the Arborist's wet signature on the final plan. (PW) f. An interim parking and building materials storage plan shall be submitted to the Planning 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 Departments of Fire and Public Works. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. (PW) g. The project applicant shall implement conditions of the Public Works Department regarding storm drainage improvements which shall include, but not be limited to (MM): 1) Construct the necessary storm drainage improvements (identified on Exhibit 42 within the EIR)to handle increased flows and intercept off-site flows. 2) Ensure that future building pads are placed at elevations suitable to withstand 100-year flood. 3) Construct the necessary improvements to'the East Garden Grove— Wintersburg Channel (C05),along the site perimeter from the westerly 992 Graham Street right of way to the westerly edge of the vegetated flood protection feature. h. The applicant shall show proof of compliance with the Mitigation Agreement established between the Huntington Beach Union High School District, subject to the approval of the City,of Huntington Beach. (MM) i. Pervious paving material shall be used whenever feasible to reduce surface water runoff and aid in groundwater recharge and slopes and grades shall be controlled to discourage water waste through runoff. (MM) j. The property owner shall construct the new sewer lift station and force main in accordance with the City-approved Sewer Plan for the proposed project, and implement conditions of the Public Works Department regarding sewer infrastructure improvements to handle increased sewer flow demands. (MM) k. The Southern California Gas Company or designated natural gas provider shall be consulted with during the building design phase for further energy conservation measures. (MM) I: SCE shall be consulted with during the buildingdesign phase for further energy conservation measures. (MM) m. The applicant shall provide proof of incorporation.of City comments and/or conditions related to the overall proposed,design and layout of buildings and landscaping. The Design and layout of buildings shall be approved by the Planning Department. (MM) 4. With the exception of model homes, structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released for the first residential unit until the following has been completed: a. Installation of required landscaping and irrigation systems shall be completed. (PW) b. Landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the.Landscape Architect of Record in written form to the City Landscape Architect prior to the final landscape inspection and approval. Installation of required landscaping and irrigation systems shall be completed. (PW) c. A Pest Management Plan shall be submitted to and approved by the City of Huntington Beach that, at a minimum, prohibits the use of rodenticides, and restricts the use of pesticides, and herbicides in outdoor areas, except necessary Vector Control conducted by the City or County. (4K) d. A Domestic animal control plan shall be submitted to and approved by the City of Huntington Beach that details methods to be used to prevent pets from entering the Open Space-Conservation areas. (4K) 993 k., e. The Developer shall provide', in connection with the sale of each housing unit within the development; an information packet that explains the sensitivity of the natural habitats within or adjacent to the project site and the need to minimize impacts on the designated ESHA and buffer areas and the prohibition on landscaping that includes exotic invasive plant species on lots that are directly adjacent to an ESHA or buffer area. The information packet shall include a copy Of the Domestic Animal Control Plan and Pest Management Plan. f. The applicant shall,provide proof that energy saving features have been installed in project homes as required by the California Building Code. Features may include: solar or low-emission water heaters, energy efficient appliances, double- glass paned windows, low-sodium parking lights, etc.,(MM) g. The public park shall be completed at the request of 50% occupancy (or by the 55th home Certificate of Occupancy)'. (PW) h. All public infrastructure must be completed per the approved improvement plans. (PW) i. All improvements must be completed per the approved grading improvement plans. (PW) j. The applicant shall be responsible for improving Graham Street in accordance with the approved signing and striping plan. (PW/MM) k. Applicant shall provide the City with Microfilm copies (in City format) and CD (AutoCAD only)copy of complete City approved landscape construction drawings as stamped"Permanent File Copy" prior to starting landscape work, Copies shall be given to the City Landscape Architect for permanent City record. (PW) I. Automatic sprinkler systems shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. - (FD) m. Fire hydrants must be installed before combustible construction begins. Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. (Fire.Dept. City Specification 407)(FD) n_ Backtlow protection shall be constructed per the Huntington Beach Water Division Standards Plans for irrigation and fire suppression water services. O. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) p. Secondary emergency access gates must be secured with KNOX and association (if any) hardware. Fire access roads shall be provided in compliance with Fire Dept. City Specification:401. Include the Circulation Plan and dimensions of all access roads. Fire lanes will be designated and posted to comply with Fire Dept. City Specification No.415. (FD) 994 s q. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained per City Specification#415-Fire Lane Signs. If prior to approved signage fire lane violations occur and the services of the Fire Department are required, the applicant may be liable for related expenses. (FD) r. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. s. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. t. All building spoils, such as unusable lumber,wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. u. Submit a copy of completed FEMA Elevation Certificate(s) based on construction drawings, or Floodproofing Certificate in the case on a non-residential structure, for each building. v. A second Elevation Certificate certifying the"as built" lowest floor for each building shall be submitted to the Planning Department, or a Letter of Map Revision shall be issued by the Federal Emergency Management Agency (FEMA) and submitted to the Planning Department. (Code Requirement) w. All drainage, pump station and channel improvements consistent with the intent and function of the facilities identified in the FEMA CLOMR, dated June 6, 2002, shall be completed in place and operational. A Letter of Map Revision (LOMR) from FEMA shall be obtained by the developer following completion of the improvements. (PW) x. Fire access roads shall be provided in compliance with Fire Dept. City Specification 401. Include the Circulation Plan and dimensions of all access roads. y. The project shall comply with all provisions of the Huntington Beach Fire Code and Fire Dept. City Specification 422,Well Abandonment. z. The project shall comply with all provisions of the HBMC Section 17.04.085 and Fire Dept. City Specification 429, Methane District Building Permit Requirements. aa.Testing to verify the estimated radon gas levels shall be implemented as deemed necessary by the Department of Planning. (MM) bb.The following water conservation measures shall be implemented as required by state law: 1) Ultra-low-flush toilets - 2) Ultra-low-flow showers and faucets 3) Insulation of hot water lines in water recirculating systems 4) Compliance with water conservation provisions of the appropriate plumbing code (MM) 995 cc. Water pressure regulators to limit downstream pressure to a.maximum Of 60 psi shall be.installed. (MM) dd.The applicant,shall provide information to prospective residents regarding benefits of low water use landscaping and sources'of additional assistance in selecting irrigation and landscaping. (MM) ee.The development shall comply with all applicable Mitigation Measures in Final Environmental Impact Report No. 97-2, and as modified in the Addendum EIR. ff. The development shall comply with all standards and principles for_Subarea4K in the Local Coastal Program.Coastal Element. gg. The;applicant shall pay the applicable Traffic Impact Fee(TIF). The:actual allocation shall be approved by the City. Appropriate credits shall be granted toward the TIF. The TIF shall cover the project's fair share of year 2020 improvements to the arterial street system. (MM) 5. The Departments of Planning,.Public Works andFire are responsible for compliance. with all conditions of approval herein,as noted after each condition. The Planning Director and Public Works Director shall be notified in writing if any changes to tract map are proposed as a result of the plan check process. Permit's shall not be issued until the Planning Director and Public Works Director have reviewed and approved the proposed,changes'for conformance with the intent Of the.Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission's may be required pursuant to the HBZSO. 6. Prior to fnalization.of the.Tract or exoneration of the Warranty Bonds, maintenance for City maintained components of the City Park(Lots "A" and°S")shall be for a period.of.-12-months after the 90-day plant establishment period. The Park may open at the:.beginning,of maintenance period. (PW) 7. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are,required,the applicant will be liable for expenses incurred.,(FD) 8. A public art element shall be, integrated and be.in a location that:is visible to the public within the Parkside Estates residential project. Public art shall incorporate the following: - a) Artistic excellence and innovation b) Appropriate to the design of the project c) Indicative of the community's cultural identity(ecology, history, society) The public art,element shaft be reviewed.and approved by the.Design Review Board, the Planning Director, and the Cultural.,Services Division Manager prior to issuance of any building permit for the project The public art shall be in place at the subject site prior to final building inspection; 996 e I. 9. The.Revised TTMs and CUP and CDP in concept shall not become effective until GPA 98-1(R)and Zoning Map Amendment No. 96-5(R) have been approved by the City Council, and LCPA has been approved by the City Council, and California Coastal Commission, and is in effect. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Municipal Code, Building Division;.and Fire Department as well as applicable local, State and Federal Building, Mechanical, Plumbing, Electrical, and Fire Codes, Ordinances, and standards, except as noted herein. 2. Construction shall be limited to Monday—Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 3. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 4. The applicant shall submit a check in the amount of$50 for.the posting of a Notice of Exemption or Notice of Determination at the County of Orange Clerk's Office.. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2)days of the City's action: If a Notice of Determination is required an additional check in the amount of$1,993 for California Department of Fish and Game shall be made out to County of Orange and submitted within two (2)days of the Planning Commission's action. 5. The Mitigation Monitoring Program shall be adhered to.A Mitigation Monitoring Fee shall be paid to the Planning Department prior to the issuance of Building Permits. 6. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy and at the rate applicable at that time. The current rate of $163 per net new added daily trip is adjusted annually. This project is forecast to generate a total of 1332 new daily trips for a total traffic impact fee of$217,116.00 or$1956.00 per unit. (PW) 7. State-mandated school impact fees shall be paid prior to issuance of building permits. 8. An encroachment permit shall be required for all work within a public right-of-way. (PW) 9. The development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 997 • SPECIAL ANNOUNCEMENT - Mayor Bohr will announce the month of June as Gay and Lesbian Pride Month. The month of June was first proclaimed by President Clinton to recognize gays, lesbians, their families and friends in. commemoration of the Stonewall Inn uprising in New York City 40 years ago. Recognition of the Federal cultural heritage months is a program of the City's Human Relations Task Force. ANNOUNCEMENT OF CENTENNIAL MONTH - Mayor Bohr to invite Ralph Bauer from the Centennial Celebration Committee to announce June as Diversity Month. Mr. Bauer will give an overview of the events scheduled for the month to celebrate diversity in the community. ANNOUNCEMENT Mayor Bohr to call on Councilmember Gil Coerper to recognize the Huntington Beach Art Center for a recent exhibit and event that was held. PRESENTATION -Mayor Bohr to recognize Eagle Scout Ian Ferguson.for his accomplishments. PRESENTATION -Mayor Bohr to invite Erika Reardon, Chair for the Taste of Huntington Beach Committee, Ron McLin, President of the Huntington Beach Restaurant Association, Stephanie Beverage, Director Library Services and Nanci Williams, Principle Librarian from the Children's Library to present a check to the Huntington Beach Children's Library following the fundraiser held April 26th. PRESENTATION - Mayor Bohr to invite Children's Needs Task Force Chair Bob Dettloff to announce the honorees for the Youth Character Awards. PUBLIC COMMENTS (3 Minute Time Limit) 8 Speakers COUNCIL COMMITTEE /APPOINTMENTS / LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING None CITY ADMINISTRATOR'S REPORT None PUBLIC HEARING Public Hearing Item Nos. 1 and 2 are two segments of one public hearing and will be held concurrently. 1. (City Council) Public hearing to adopt Resolution No. 2009-27 approving General Plan Amendment 98-1(R); approve Zoning Map Amendment No. 96- 5(R)with findings and adopt Ordinance No. 3831 amending the Huntington Beach Zoning and Subdivision Ordinance (HBZSO); approve Zoning Text Amendment No. 09-05(R) with findings; adopt Ordinance No. 3832 amending Chapter 210 of the HBZSO relating to Residential Districts; adopt Ordinance No. 3833 amending Chapter 216 of the HBZSO relating to the Coastal Page 3 998 fF Conservation District; adopt Ordinance No. 3834 amending Chapter 221 of the HBZSO relating to the Coastal Zone Overlay District; adopt Ordinance No. 3835 amending Chapter 230 of the HBZSO relating to Site Standards; and, adopt Resolution No. 2009-28 adopting Local.Coastal Program Amendment(LCPA) No. 09-01 to amend the Local Coastal Program Implementing Ordinances to reflect Zoning Map Amendment No. 96-5 (R) amending the zoning for the real property generally located on the west side of Graham Street, south of Kenilworth Drive, and Zoning Text Amendment No. 09-05 amending Chapters 210, 216, 221,•and 230 of the HBZSO and requesting certification by the California Coastal Commission (Parkside Residential Project). Recommended Action: • a) Approve General Plan Amendment No. 98-1(R) by adopting Resolution No. 2009-27,."A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 98-1(R);" and, b) Approve Zoning Map Amendment No. 96-5(R)with findings for approval and:approve for introduction Ordinance No. 3831, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance (Zoning Map Amendment No. 96-5(R);" and,. c) Approve Zoning Text Amendment No. 09-05 with findings for approval and approve for introduction Ordinance No. 3832, "An Ordinance of the City of Huntington Beach amending Chapter 210 Of the Huntington Beach Zoning Code Relating to Residential Districts;" approve for introduction Ordinance No. 3833, "An Ordinance of the Cityof Huntington Beach Zoning Code Relating to the Coastal Conservation District;" approve for introduction Ordinance No. 3834, "An Ordinance of the City of Huntington Beach Zoning Code Amending Chapter 221 of the Huntington Beach Zoning Code Relating to the Coastal Zone Overlay District;" approve for introduction Ordinance No. 3835, "An Ordinance of the City of Huntington Beach Amending Chapter 230 of the Huntington Beach Zoning Code Relating to Site Standards;" and, d) Approve Local Coastal Program Amendment No. 09-01 with findings for approval, and adopt Resolution No. 2009-28, "A Resolution of the City Council of the City of Huntington Beach Adopting Local Coastal Program Amendment No. 09-01 to Amend the Local Coastal Program Implementing Ordinances to Reflect Zoning Map Amendment No. 96- 5(R)Amending the Zoning for the Real Property Generally Located on the West Side of Graham Street, South of Kenilworth Drive and Zoning Text Amendment No. 09-05 Amending Chapters 210, 216, 221, and 230 of the Zoning Subdivision Ordinance and Requesting Certification by the California Coastal Commission." One vote held.forItems #1 and#2. Vote is reflected below Item #2. 2. (City Council) Approve revised Tract Map Nos. 15377(R) and 15419(R) and Entitlement Plan Amendment No. 08-08 amending Conditional Use Permit No. 96-90 and Coastal Development Permit No.96-18 (Parkside Residential Page 4 999 Development) with findings and suggested conditions of approval. Recommended Action: Approve revised Tentative Tract Map Nos..15377(R) and 15419(R) and Entitlement Plan Amendment No. 08-08 with findings and suggested conditions of approval. 58 Late Communications 28 Speakers Approved as amended by Late Communication acknowledging revised Ordinances Nos. 3832, 3833, 3834, and 3835 striking language in Chapter 2.16, Section 216.04 (H) "including any area adjacent thereof"and adding language "staging of trucks shall occur onsite"to Condition of Approval No. 5.jj for Tentative Tract Map Nos. 15377.(R) and 15419 (R). Approved 5-1-1 (Hardy No, Green Absent) CONSENT CALENDAR (Items#3 through #11) 3. (City Council/Redevelopment Agency).-Approve and adopt minutes. Recommended Action: Approve and adopt the minutes of the City Council/Redevelopment Agency regular meeting of May 4, 2009, the,City Council/Redevelopment Agency regular meeting of May 18, 2009, and the City Council/Redevelopment Agency special meeting of May 21, 2009 as written and on file in the office of the.City Clerk. May 4, 2009 and May 18, 2009 minutes Approved 6-0-4 (Green Absent)' May 21, 2009.minutes, Approved 5-0-1-1 (Hardy Abstained, Green Absent) 4. (City Council/Redevelopment Agency) Receive and file the City Clerk's quarterly report listing of Professional Service Contracts filed in the City Clerk's Office between January 1, 2009 and March 31, 2009. Recommended Action: Receive and file the "List of Professional Service Contracts Approved by Department Heads Pursuant to Huntington Beach Municipal Code Chapter 3.03 and Submitted to the Office of the City Clerk during the period of January 1, 2009 through March 31, 2009." Approved 6-0-1 (Green Absent) 5. (City Council) Authorize the Director of Public Works to execute the California Department of Transportation (Caltrans) Disadvantaged Business Enterprise (DBE) Implementation Agreement to remain eligible for federal-aid funding from the Federal Highway Administration (FHWA) for local transportation projects_ City Council Recommended Action: Authorize the Director of Public Works to execute the"California Department of Transportation Disadvantaged Business Enterprise Program Implementation Agreement for Local Agencies.".. Approved 6-0-1 (Green Absent) Page 5 1000 ATE OF CALIFORNIA-NATURAL RESOURCES AGENCY EDMUND G.BROWN,JR.,Governor 'ALIFORNIA COASTAL COMMISSION UTH COAST DISTRICT OFFICE OCEANGATE,10TH FLOOR NG BEACH,CALIFORNIA 90802-4416 (562)590.5071 FAX(562)590-5084 ?W.COASTAL.CA.GOV �j !t.ro. Page 1 of 28 October 30,2015 Permit Application No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT On October 11, 2012, the California Coastal Commission granted to Shea Homes(John Vander Velde) this permit subject to the attached Standard and Special conditions, for development consisting of Subdivision resulting in the creation of 111 residential lots, additional lots for roads,conservation,public access and public park areas; construction of 111 single family homes and related infrastructure,and construction of public active park,public passive park,public paseo park,public access trails,natural treatment system,habitat restoration,new storm drain system,new pump facility at the Slater storm water pump station, improvements to the flood control channel levee,flood protection feature,replace sewer pump, and new sewer force-main,more specifically described in the application filed in the Commission offices. The development is within the coastal zone at Vacant 50 acre area at 17301 Graham Street(West of Graham Street North of East Garden Grove Wintersburg Flood Control Channel),Huntington Beach, Orange County. (APNs: 110-016-19 and 110-016-20, and 110-016-23) On November 13,2013,the Commission approved Coastal Development Permit Amendment 5-11-068-Al, which made the following changes: 1. Change the lot designation of the single lot in Tentative Tract 15419 from a numbered lot(Lot 1)to a lettered lot(Lot A). All special conditions and restrictions that apply to Tract 15419 Lot 1 will remain applicable to Tract 15419 Lot A,and references thereto will be changed accordingly. The change for the single lot in Tract 15419 from Lot 1 to Lot A will apply wherever it occurs in approved Coastal Development Permit 5-11-068. 2. Amend the maintenance responsibilities within Lot Y of Tentative Tract 15377 to require that trail and landscaping maintenance be the responsibility of the Homeowners Association(HOA)and not the County of Orange(as is currently specified),and change all references thereto accordingly. The change to maintenance responsibilities described above will apply wherever it occurs in approved Coastal Development Permit 5-11-068. Issued on behalf of the California Coastal Commission by Charles Lester Executive irect Meg Vaughn Coastal Program Analyst 1001 Page 2 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT ACKNOWLEDGMENT: The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part of that: "A Public entity is not liable for injury caused by the issuance... of any permit..."applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal. Admin. Code Section 13158(a). Date: Signature STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced,the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person,provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: This permit is granted subject to the following special conditions: 1002 Page 3 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT 1. OPEN SPACE CONSERVATION AREA RESTRICTION A. No development, as defined in Section 30106 of the Coastal Act, shall occur within the land that is land use designated Open Space Conservation and zoned Coastal Conservation except: 1. Habitat creation and restoration(described in the document titled Habitat Management Plan,Parkside Estates,prepared by LSA Associates,Inc., for Shea Homes, dated September 2011 as revised by the conditions of this permit,within Lot A,TTM 15419,and Lots Z,AA, BB, and CC of TTM 15377,whichlands are generally,but not fully depicted in Exhibit 4; 2. Construction of the vegetated flood protection feature(VFPF)within Lot Y(only as approved by this permit and consistent with the geotechnical plans that incorporate the provisions of protection of the archaeological resources. 3. Construction of the Water Quality Natural Treatment System within Lot X(only as approved by this permit and as depicted in the Water Quality Management Plan for Parkside Estates,prepared by Hunsaker&Associates,dated September 11,2009, and on plans titled Rough Grading Plan for Tentative Tract 15377&Tentative Tract 15419,prepared by Hunsaker&Associates,and dated 9/19/2011)); 4. Passive.Park within Lot S(only as approved by this permit and as depicted on plans titled Rough Grading Plan for Tentative Tract 15377&Tentative Tract 15419,prepared by Hunsaker&Associates,and dated 9/19/2011); 5. Grading(only as approved by-this permit); 6. Public access trail and associated appurtenances and public access and interpretive signage(only as approved by this permit), and; 7. Maintenance and repair activities pursuant to and in conjunction with the management and maintenance of the HMP described in Al above. 8. The HMP,as proposed and as conditioned, addresses the need for fuel modification by the types and locations of vegetation to be established. As approved by the City of Huntington Beach Fire Department,the HMP states that vegetation removal for fuel modification is not required. Vegetation removal for fuel modification within the HMP area is not a part of this coastal development permit and is prohibited. B. The following additional development may be allowed in the area land use designated Open Space Conservation and zoned Coastal Conservation subject to approval by the Coastal Commission of an amendment to this permit or a new coastal development permit(unless the Executive Director determines that none is legally required): 1. Habitat creation and restoration beyond that described in the approved final HMP; 2. Maintenance,repair and upgrade of water quality management structures and drains; 3. Minor maintenance and repair of the approved Vegetated Flood Protection Feature consistent with the approved VFPF plan; 4. Public access and recreation improvements that do not interfere with the habitat or habitat buffer areas. C. The area land use designated Open Space Conservation and zoned Coastal Conservation shall be maintained in accordance with this coastal development permit and the approved final HMP. 1003 Page 4 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT 2. HABITAT MANAGEMENT PLAN A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the applicant shall submit,for the review and approval of the Executive Director,a revised Habitat Management Plan that incorporates the following changes: 1) Eliminates any fencing and/or gate(s)that interfere with public use of the Vista Point trail across the entire length of the top of the vegetated flood protection feature(VFPF). Any reference to such fencing and/or gate(s)shall be eliminated from the HMP. Figures 1-4,4-1, 6-1, 6-2, 7-1 shall be replaced with figures that delete such fencing and/or gate(s)across the top of the VFPF Vista Point trail; 2) On page 4-17 and page 6-17 delete the sentence"Remedial measures will be developed in consultation with CCC staff and approved by the Executive Director prior to implementation." 3) Replace the deleted sentence on page 4-17 and page 6-17 with the following sentence: "Remedial measures shall require an amendment to this coastal development permit unless the Executive Director determines that none is legally required." 4) Requires all quantitative sampling to be based on spatially stratified,randomly placed sampling units; 5) In Appendix A(Maintenance and Monitoring Schedule), replace the term"long-term maintenance plan' with"long-term management plan." 6) Revise the HMP to incorporate the restoration activities described in Section 4.2A of Consent Cease am Desist Order No. CCC-12-CD-10 and Consent Restoration Order No. CCC-12-RO-10 issued by the Commission on September 13,2012. B. The applicant shall implement all wetland and habitat creation,restoration,conservation,maintenance and management, as proposed and described in the document titled Habitat Management Plan,Parkside Estates, prepared by LSA Associates,Inc.,for Shea Homes,revised September 2011 and as revised by the conditions of this permit. Any proposed changes to the approved plan shall be reported to the Executive Director. No change to the approved plan shall occur without a Coastal Commission approved amendment to this coastal development permit or an approved coastal development permit unless the Executive Director determines that none is legally required. C. Consistent with the proposed Habitat Management Plan,all areas on the subject site within the land use designation Open Space Conservation and zoned Coastal Conservation, shall be managed and maintained in perpetuity as.follows: Lot No. Use Area(acres) Maintained By Open Space, HOA Lot A Wetland, Southern 4.8 TTM 15419 Eucalyptus ESHA,wetland and habitat restoration S Passive Park 0.57 HOA and City TTM 15377 Z Restoration/Creation 4' HOA TTM 15377 AP/EPA Wetland AA Restoration/Creation 5.4 HOA TTM 15377 AP/EPA Wetland, Buffer area surrounding - AP/EPA Wetland(Lot Z) BB* Restoration/Creation 3.7 HOA TTM 15377 AP/EPA Wetland, Northern Eucalyptus ESHA, 1004 Page 5 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT buffer area,and restored habitat CC* Open Space—Northern 0.4 HOA TTM 15377 portion of northern Eucalyptus Grove ESHA and Retention of existing informal trail along western end of northern property line Y VFPF(includes Vista Point 1.5 HOA—trail and TTM 15377 trail) landscaping maintenance; County-all other VFPF maintenance X NTS 1.6 City TTM 15377 D. All planting described in the approved Habitat Management Plan shall be complete prior to issuance of any certificate of occupancy for any residence. On-going management of the habitat,including maintenance and monitoring, shall continue in perpetuity as described in the approved final Habitat Management Plan(titled Habitat Management Plan,Parkside Estates,prepared by LSA Associates,Inc.,for Shea Homes, dated September 2011 as revised by the conditions of this permit). E. The permittee shall undertake development in accordance with the approved final plans. As in all cases,the ongoing management of the area that is subject to the Habitat Management Plan(HMP) continues to apply to successors in interest, including purchasers of individual residential lots, consistent with the requirements of the Homeowners Association proposed in conjunction with the approval of the Parkside Estates development approved in this permit. 3. PUBLIC AMENITIES&TRAIL MANAGEMENT PLAN PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the applicant shall submit,for the review and approval of the Executive Director,a Public Amenities and Trail Management Plan that includes, but is not limited to: A. Public Amenities&Trails Provided At a minimum,public amenities and uses shall be provided as listed below: Lot No. Use Dedicated to Maintained By Conveyed via Area (acres) Offer to A Active Park City in fee HOA and City Dedicate 1 Acre TTM (OTD)in fee to 15377 City; dedication on tract map 1005 Page 6 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT B Sewer Lift City in fee City OTD in fee to 0.04 Acre TTM Station; City for sewer 15377 10 foot wide lift station; public access OTD easement easement to City for 10" wide public access; dedication on tract map Ct (1)Sidewalk; (1)HOA in fee (1)HOA and City CC&Rs; TTM (2)Public (2)OTD (2)HOA dedication on 15377 trail/access path& easement to the tract map landscaping City (2)OTD; dedication on trail map D* Public trail from HOA in fee; HOA OTD easement TTM Lot C to interior trail OTD to to City; 15377 street the City dedication on tract map deed O—R* (1)Paseo Park (1)HOA(in HOA restriction; 1.8 Acres TTM (2) 10' wide fee) CC&Rs; 15377 public access (2)OTD to dedication on easement City tract map (2)OTD easement to the City; dedication on tract map OTD trail N Pedestrian Access HOA in fee HOA easement to the 0.1 Acre TTM (levee trail City; 15377 connectors) dedication on &Drainage tract map W* Pedestrian Access OTD trail TTM (levee to EPA HOA in fee HOA easement to 15377 trail) City; CC&Rs; dedication on tract map 'The following lots shown on TTM 15377 shall be combined and re-lettered:(1)Lots C and D;(2)Lots O,P,Q,and R;and(3)Lots T,U,and W. Lots BB and CC shown on TTM 15377 shall be combined into a single lot,Lot BB. 1006 • Page 7 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT • S Passive Park City in fee HOA and City OTD to City in TTM fee; 15377 Dedication on tract map OTD easement to T,U,V* Open Space HOA in fee HOA City,CC&Rs; TTM Public Access(EPA dedication on tract 15377 Trail) map Y County in fee HOA—trail and TTM VFPF and landscaping Dedication on 15377 Public Access(Vista maintenance; tract map Point Trail) County-all other VFPF maintenance Open Space CC Informal Trail at HOA in fee HOA Deed restriction, TTM western end of CC&Rs; 15377 northern property line dedication on tract map Public streets&sidew Street"A" landscape dedication on tract Street entry landscaping dedicated in fee to maintained by HOA map; CC&Rs "A" City;landscape (entry area to HOA; landscaping) Streets Public streets&sidew City . City Dedication on `B"— tract map ,,F» TTM 15377 B. Public Access Signage The Public Amenities&Trail Management Plan shall include a detailed signage plan that directs the public to the public trails and public recreational opportunities on the project site. Signs shall invite and encourage public use of access and recreation opportunities and shall identify and direct the public to their locations. At a minimum,the detailed signage plan shall include: 1. Public Access Signage shall be provided,at a minimum, in a visually prominent place visible to vehicular and pedestrian traffic at each of the following locations: a. Graham Street entry into the subdivision; b. Graham Street entry onto the levee top trail; c. Emergency vehicle and public pedestrian entry at Greenleaf Lane; d. Each end of the EPA wetland trail(at the active park and at the western cul de sac of C Street); 1007 Page 8 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT e. At the levee and at the immediately adjacent street for each of the two levee connector trails(within Lot N and Lot W); f. Vista Point Trail connection with the levee. g. The point where the trail at the western end of the northern property line, adjacent to the passive park,begins the assent to the Bolsa Chica mesa area. 2. In addition to and/or in conjunction with the above,Public Amenity Overview Signs shall be provided in a visually prominent place visible to vehicular and pedestrian traffic at each of the following locations: a. Graham Street entry into the subdivision; b. Graham Street entry onto the levee top trail; c. Emergency vehicle and public pedestrian entry at Greenleaf Lane; d. Vista Point Trail connection with the levee 3. The public access and amenities signage plan shall include,at a minimum,plans indicating the size,wording and placement of public access signs. 4. Signage shall be visible from Graham Street at the subdivision entry and at the levee,from Greenleaf Lane, from the levee at the Vista Point trail(VFPF)and at both levee connector trails(Lots N and W),and from internal Qirculation roads and parks. Signage shall include public facility identification monuments(e.g. public park name);facility identification/directional monuments(e.g. location of public amenities on-site and in the vicinity);informational signage and circulation;and roadways signs. 5. Signage shall convey the message that public pedestrian and recreational use is permitted and invited. 6. Vegetation shall not be allowed to obscure public access and amenities signage. 7. Signage that has the effect or creates the effect of limiting public use of the public trails and amenities are prohibited. 8. Signs and displays not explicitly permitted in this document shall require an amendment to this permit unless the Executive Director determines that no amendment is legally required. C. Community identification signage at the main project entry(at Graham Street)is allowed provided that any such signage also makes clear the availability of the public trails and amenities throughout the site and that the public is welcome. D. The required public access and amenities plans shall identify all structures including location, dimensions,materials and colors,and use as well as sign.and interpretive display text and graphics, size and orientation. All plans shall be of sufficient scale and detail to verify the location,size and content of all signage,and the location and orientation, size,materials and use of structures during a physical inspection of the premises. . E. Recreational appurtenances such as benches;refuse containers;fencing between the trail and habitat areas;erosion control and footpath control plantings shall be depicted on the required public access and amenities plans. F. All public areas,including parks and trails,shall include low intensity lighting during nighttime hours. Such lighting shall be consistent with Special Condition No. 17 regarding directing all lighting within the development away from wetlands,ESHA, and other habitat and buffer areas. The required lighting shall be included in the lighting plan described and required in Special Condition No. 17. G. All sidewalks and streets within the development shall be open and available to the general public. H. The public trail/maintenance road and vista point atop the VFPF shall be free of gates or fencing that restricts access across the top of the VFPF. Fencing to protect the restored habitat and that does not interfere with the public VFPF trail or with public views is allowed. 1008 Page 9 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT I. The vehicular restriction at the emergency vehicle entrance from Greenleaf shall be the minimum necessary to preclude non-emergency vehicles. The placement of a series of bollards(which allow easy pedestrian access)is preferred to the construction of a gate. J. Measures that discourage public use of any public trails/amenities on-site,including but not limited to,use of trails,parks,and viewpoints, are prohibited. Such prohibited measures include,but are not limited to,installation of gates,and/or use of guards. K. Any limitation on the hours of public use is prohibited unless the applicant or its successor-in-interest applies for an amendment to this coastal development permit or a separate coastal development permit for a limitation on the hours of public use and receives authorization for such limitations from the Commission. L. The plan shall identify the minimum allowable width for each of the proposed trails,which shall be no less than 10 feet wide. Except within the Paseo Park area,the minimum 10 foot width shall be devoted entirely to pedestrian trail area and shall be exclusive of any area necessary for landscaping and/or buffer and/or setback area or similar type of development. Within the Paseo Park,the width of the easement offered for dedication shall be a minimum of 10 feet wide,and the trail itself,which may meander within the easement, shall be no less than 3%feet wide and maintained as a public access trail. M.All subdivision and project roads and sidewalks shall remain open and available to the public for vehicular,parking,pedestrian, and bicycle use. All limitations or restrictions are prohibited except temporary restrictions for public safety when a documented need arises, subject to approval of a coastal development permit. N. Restrictions on public parking, including,but not limited to limited hours and/or preferential parking districts,are prohibited. Parking restrictions to allow periodic street cleaning is allowed provided the restriction is the least necessary to accomplish the objective and that the restriction is no greater than on-street street cleaning parking restrictions typically established throughout the City. O. Site entry points,including the Graham Street entry,and all streets and trails shall remain free of any type of entry restrictions including,but not limited to gates, guarded entry, and/or structures/uses that may be construed and/or interpreted'as limiting public use at the site. P. No permanent gates or access restrictions are allowed. Only temporary gates and access restrictions as necessary for construction safety purposes are allowed. Q. No permanent chain link fencing is allowed; only temporary chain link fencing as necessary for safety during construction may be allowed. R. All public trails and amenities shall be maintained at all times in a manner that promotes public use. S. The extent of public trails and amenities shall not be reduced from that depicted on the approved final Public Amenities and Trail Management Plan. T. The public access trail easements and the lots within which they occur shall be maintained in a manner that promotes public access and use of these public trails, as proposed by the permittee and as described in and required by this permit. U. The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. V. The permittee shall undertake development in accordance with the approved final plan. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 1009 Page 10 of 28 ' October 30,2015 Coastal Development Permit No. 5-11-068 • AMENDED COASTAL DEVELOPMENT PERMIT 4. PUBLIC RESTROOM PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMMENT PERMIT,the applicant shall submit, for the review and approval of the Executive Director,plans that incorporate a permanent public restroom within the proposed Active Park. The plans shall identify the restroom location within the active park;and shall provide plans detailing the specifics of the restroom including,but not limited to,floor plans and elevations. A. The requirement to provide the public restroom and to manage and maintain the restroom for the life of the project shall be incorporated into the CC&Rs described in Special Condition No. 13 below. B. The restroom shall be available to the public,at a minimum,during daylight hours. C. On-going maintenance and management of the public restroom shall be the responsibility of the Homeowner'Association(HOA)proposed by the applicant. D. Subject to approval of an amendment to this coastal development permit or a new coastal development permit, long term maintenance and management of the permanent public restroom may be accepted by a public agency(ies)or non-profit entity(ies)acceptable to the Executive Director. E. Subject to approval of an amendment to this coastal development permit,the applicant may propose an alternate location for the required public restroom so long as the alternate location is within the vicinity of the public trail and recreation system found in and around the Bolsa Chica Ecological Reserve,the Brightwater development,the flood control channel levees,and the subject site; and provided that signage identifying the location of the restroom is placed,at a minimum,within the subject site public access signage system and at the alternate location. • 5. PUBLIC ACCESS AND RECREATION REQUIREMENTS AND IMPROVEMENTS A. Streets,Roads and Public Parking As proposed,all streets,roads and parking shall be publicly maintained and all streets,roads and public parking areas identified on the Parking Plan prepared by Hunsaker&Associates,Inc., dated 9/1/09 shall be for public street purposes including,but not limited to,pedestrian,bicycle and vehicular access. All streets,roads and on-street public parking spaces shall be open for use by the general public 24 hours per day,with the exception of standard limited parking restrictions for street sweeping/maintenance purposes. Long term or permanent physical obstruction of streets,roads and public parking areas(e.g.red curbing and restriction/limitation signage) 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. B. Public Trails As proposed by the applicant and as described in Special Condition 3 of this permit, no development, as defined in Section 30106 of the Coastal Act,shall occur within the lots identified for public access 1010 Page 11 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT trail easements except for the following development: grading and construction necessary to construct the trails and appurtenances allowed by this permit,vegetation planting and maintenance, drainage devices approved pursuant to this permit,maintenance and repair activities pursuant to and in conjunction with the approved fmal Habitat Management Plan and approved final Public Amenities and Trail Management Plan. Development that diminishes permanent public access shall be prohibited. As proposed,the public pedestrian trails shall have a decomposed granite surface,shall be a minimum of ten feet in width and shall be located within the lettered lots as proposed. The public access trails shall be open to the general public for passive recreational use. C. Public Parks The Active Park(Lot A),the Passive Park(Lot S)and the Paseo Park(Lots 0,P,Q,R)shown on proposed Tentative Tract Map No. 15377 dated May 24,2011 (exhibit 8 of this staff report), shall be open to the general public and maintained for active and passive park use as proposed. No development, as defined in Section 30106 of the Coastal Act,shall occur within any of these parks, except for the following development as approved by this permit: grading and construction necessary to construct the parks,vegetation removal,planting and on-going maintenance consistent with the approved landscape plan,drainage devices approved pursuant to this permit, and maintenance and repair activities pursuant to and in conjunction with the management and maintenance of the parks. In addition,the following shall be allowed within the Active Park:tot lot play area, swing set play area,picnic areas,benches and refuse containers for use by the general public,public access signage, public access signage, and public restroom facilities. The applicant shall ensure the construction and completion of the public access and passive recreation improvements for parks and trail purposes is carried out as proposed by the applicant in a timely manner consistent with Special Condition 7,Development Phasing. 6. ENTRY MONUMENTATION A. All entry monumentation,including signage,walls,and arbors,shall be eliminated from the project, with the exception of signage approved pursuant to Special Condition 3 of this permit. Garden retaining planter walls not to exceed 42"are exempt from this prohibition. Prior to issuance of the Coastal Development Permit,the applicant shall submit revised plans, for the review and approval of the Executive Director,reflecting this requirement. B. All development shall conform with the approved final plans. 7. DEVELOPMENT PHASING A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the applicant shall submit a final development phasing plan for review and approval by the Executive Director,which shall conform to the following: 1. All development shall be consistent with the requirements of the approved Habitat Management Plan(titled Habitat Management Plan,Parkside Estates, prepared by LSA Associates,Inc., for Shea Homes,revised September 2011 and as conditioned by this permit). In addition,during the period of raptor nest initiation(January 1 through April 30),no 1011 Page 12 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT grubbing,grading or other development activity shall take place within 328 feet(100 meters) of the Eucalyptus ESHAs. If raptors are nesting,no grading or other activities shall occur within 500 feet of any active nest. The applicant shall initiate implementation of the approved Habitat Management Plan as soon as practical following deep grading within the area zoned for residential development and prior to or concurrent with surface grading of the residential area. The applicant shall carry out the restoration work in an expeditious manner. As proposed by the applicant,no rodenticides shall be used during site preparation,grading or construction, or for the life of the development. 2. Grading of the public trails,parks and amenities shall occur as soon as practical following deep grading within the area zoned for residential development and prior to or concurrent with surface grading of the residential area.All grading shall be carried out consistent with the provisions for the protection of the ESHA,wetland and habitat areas. The construction of the public trails,parks and amenities and the planting described in the approved Habitat Management Plan shall begin as soon as practical following the construction of the proposed public infrastructure(e.g.the public streets of the subdivision,the Natural Treatment System, the Vegetated Flood Protection Feature and improvements to the Huntington Beach Slater. Pump Station). The applicant shall construct the public trails,parks and amenities in an expeditious manner. Public Access at the site during construction shall be maintained. Continuation of public use of the informal trail at the base of the bluff at the western side of the property shall not be obstructed or prevented prior to availability of either of the two proposed public access trails as shown on Exhibit 12(Public Trail Access During Construction Revised Tentative Tract Map No. 15377). The two public access trails to be available during construction after the informal trail is no longer available to the public during construction are: 1)public trail through the Paseo Park trail linked to the EPA trail; and 2)levee trail atop the north levee of the East Garden Grove Wintersburg flood control channel. The provision of public access during construction, including temporary public access signage, shall be carried out as proposed by the applicant and as reflected in Exhibit 12 of this staff report. Any temporary public access interruption shall be the minimum necessary,shall not exceed one week duration,and shall be reported to the Executive Director prior to being implemented. 3. Construction of the public trails,parks and restroom,pursuant to the approved Public Amenities and Trail Management Plan,the installation of habitat protection fencing pursuant to the approved final Habitat Management Plan,the installation of public access signage consistent with the Public Amenities and Trail Management Plan and the opening of the parks,trails and restroom for public use shall occur prior to or concurrently with the issuance of the certificate of occupancy for the first residence. Interim public trail access shall be provided at all times prior to the opening of trails required by the Public Amenities and Trail Management Plan. B. The approved Public Amenities&Trail Management Plan shall be implemented and construction of physical features of the plan completed prior to issuance of the certificate of occupancy for the first residence. 1012 Page 13 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT C. The permittee shall undertake development in accordance with the approval final construction/development phasing plans. D. Any proposed changes to the approved final plans or phases of construction shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 8. PROTECTECTION OF POTENTIAL ARCHAEOLOGICAL RESOURCES DURING GRADING A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the applicant shall submit for the review and approval of the Executive Director an archeological monitoring and mitigation plan,prepared by a qualified professional,that shall incorporate the following: measures and procedures: 1. Archaeological monitor(s)qualified by the California Office of Historic Preservation(OHP) standards,Native American monitor(s)with documented ancestral ties to the area appointed consistent with the standards of the Native American Heritage Commission(NAHC),and the Native American most likely descendent(MLD)when State Law mandates identification of a MLD, shall monitor all project grading; 2. The permittee shall provide sufficient archeological and Native American monitors to assure that all project grading that has any potential to uncover or otherwise disturb cultural deposits is monitored at all times. All archaeological monitors,Native American monitors and Native American most likely descendents(MLD), if State Law requires the involvement of the MLD, shall be provided with a copy of the approved archaeological monitoring and mitigation plan required by this permit. Prior to commencement of grading,the applicant shall convene an on-site pre-grading meeting with all archaeological monitors,Native American monitors and Native American most likely descendents(MLD)along with the grading contractor,the applicant and the applicant's archaeological consultant in order to make sure all parties understand the procedures to be followed pursuant to the approved archaeological monitoring and mitigation plan. At the conclusion of the meeting all parties attending the on-site pre- grading meeting shall be required to sign a declaration,which has been prepared by the applicant, subject to the review and approval of the Executive Director, stating that they have read,discussed and fully understand the procedures and requirements of the approved archaeological monitoring and mitigation plan and agree to abide by the terms thereof. The declaration shall also include contact phone numbers for all parties. The declaration shall also contain the following procedures to be followed if disputes arise in the field regarding the procedures and requirement of the approved archaeological monitoring and mitigation plan. Prior to commencement of grading,the applicant shall submit a copy of the signed declaration to the Executive Director and to each signatory. (a) Any disputes in the field arising among the archaeologist, archaeological monitors, Native American monitors,Native American most likely descendents(MLD),the grading contractor or the applicant regarding compliance with the procedures and 1013 Page 14 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT requirements of the approved archaeological monitoring and mitigation plan shall be promptly reported to the Executive Director via e-mail and telephone. (b) All work shall be halted in the area(s)of dispute. Work may continue in area(s)not subject to dispute, in accordance with all provisions of this special condition. (c) Disputes shall be resolved by the Executive Director,in consultation with the archaeological peer reviewers,Native American monitors,Native American MLD(if State Law requires the involvement of the MLD),the archaeologist and the applicant. (d) If the dispute cannot be resolved by the Executive Director in a timely fashion, said dispute shall be reported to the Commission for resolution at the next regularly scheduled Commission meeting. 3. If any cultural deposits are discovered during project construction, including but not limited to skeletal remains and grave-related artifacts,traditional cultural sites,religious or spiritual sites,or features,the permittee shall carry out significance testing of said deposits and,if cultural deposits are found by the Executive Director to be significant pursuant to subsection C of this condition and, if applicable,any other relevant provisions, additional investigation and mitigation in accordance with all subsections of this special condition shall be carried out and implemented; 4. If any cultural deposits are discovered, including but not limited to skeletal remains and grave-related artifacts,traditional cultural sites, religious or spiritual sites,or features,all construction shall cease in accordance with subsection B. of this special condition; 5. In addition to recovery and reburial,in-situ preservation and avoidance of cultural deposits shall be considered as mitigation options,to be determined in accordance with the process outlined in this condition; 6. If human remains are encountered,the permittee shall comply with applicable State and Federal laws. Procedures outlined in the monitoring and mitigation plan shall not prejudice the ability to comply with applicable State and Federal laws,including but not limited to, negotiations between the landowner and the MLD regarding the manner of treatment of human remains including, but not limited to,scientific or cultural study of the remains (preferably non-destructive); selection of in-situ preservation of remains,or recovery, repatriation and reburial of remains;the time frame within which reburial or ceremonies must be conducted;or selection of attendees to reburial events or ceremonies. The range of investigation and mitigation measures considered shall not be constrained by the approved development plan. Where appropriate and consistent with State and Federal laws,the treatment of remains shall be decided as a component of the process outlined in the other subsections of this condition. 7. Prior to the commencement and/or re-commencement of any monitoring,the permittee shall notify each archeological and Native American monitor of the requirements and procedures established by this special condition. Furthermore,prior to the commencement and/or re- commencement of any monitoring,the permittee shall provide a copy of this special condition,the archeological monitoring and mitigation plan approved by the Executive Director,and any other plans required pursuant to this condition and which have been • approved by the Executive Director,to each monitor. • B. If an area of cultural deposits, including but not limited to skeletal remains and grave-related artifacts,traditional cultural sites,religious or spiritual sites,or features, is discovered during the course of the project,all construction activities in the area of the discovery that have any potential to uncover or otherwise disturb cultural deposits in the area of the discovery and_all construction that may foreclose mitigation options or the ability to implement the requirements of this 1014 Page 15 of 28 October 30,2015 Coastal Development Permit No.5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT condition shall cease and shall not recommence except as provided in subsection D and other subsections of this special condition. In general,the area where construction activities must cease shall be 1)no less than a 50-foot wide buffer around the cultural deposit; and 2)not larger than the development phase within which the discovery is made. C. An applicant seeking to recommence construction following discovery of the cultural deposits shall submit a Significance Testing Plan for the review and approval of the Executive Director. The Significance Testing Plan shall identify the testing measures that will be undertaken to determine whether the cultural deposits are significant. The Significance Testing Plan shall be prepared by the project archaeologist(s), in consultation with the Native American monitor(s), and the Most Likely Descendent(MLD)when State Law mandates identification of a MLD. The Executive Director shall make a determination regarding the adequacy of the Significance Testing Plan within 10 working days of receipt. If the Executive Director does not make such a determination within the prescribed time,the plan shall be deemed approved and implementation may proceed. Once a plan is deemed adequate,the Executive Director will make a determination regarding the significance of the cultural deposits discovered. (1) If the Executive Director approves the Significance Testing Plan and determines that the Significance Testing Plan's recommended testing measures have a de minimis impact on the cultural deposits,in nature and scope,the significance testing may commence after the Executive Director informs the permittee of that determination. (2) If the Executive Director approves the Significance Testing Plan but determines that the changes therein do not have a de minimis impact on the cultural deposits,significance testing may not commence until after the Commission approves an amendment to this permit. (3) Once the measures identified in the significance testing plan are undertaken,the permittee shall submit the results of the testing to the Executive Director for review and approval. The results shall be accompanied by the project archeologist's recommendation as to whether the findings should be considered significant. The project archeologist's recommendation shall be made in consultation with the Native American monitors and the MLD when State Law mandates identification of a MLD. If there is disagreement between the project archeologist and the Native American monitors and/or the MLD,both perspectives shall be presented to the Executive Director. The Executive Director shall make the determination as to whether the deposits are significant based on the information available to the Executive Director. If the deposits are found to be significant,the permittee shall prepare and submit to the Executive Director a supplementary Archeological Plan in accordance with subsection E of this condition and all other relevant subsections. If the deposits are found to be not significant,then the permittee may recommence grading in accordance with any measures outlined in the significance testing program. D. An applicant seeking to recommence construction following a determination by the Executive Director that the cultural deposits discovered are significant shall submit a Supplementary Archaeological Plan for the review and approval of the Executive Director. The Supplementary Archeological Plan shall be prepared by the project archaeologist(s), in consultation with the Native American monitor(s),the Most Likely Descendent(MLD)when State Law mandates identification of a MLD,as well as others identified in subsection E of this condition. The supplementary Archeological Plan shall identify proposed investigation and mitigation measures. If there is disagreement between the project archeologist and the Native American monitors and/or the MLD, both perspectives shall be presented to the Executive Director. The range of investigation and mitigation measures considered shall not be constrained by the approved 1015 Page 16 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT development plan. Mitigation measures considered shall range from in-situ preservation to recovery and/or relocation. A good faith effort shall be made to avoid impacts to cultural resources through methods such as, but not limited to,project redesign,capping, and creating an open space area around the cultural resource areas. In order to protect cultural resources,any further development may only be undertaken consistent with the provisions of the final, approved, Supplementary Archaeological Plan. (1),If the Executive Director approves the Supplementary Archaeological Plan and determines that the Supplementary Archaeological Plan's recommended changes to the proposed development or mitigation measures have a de minimis impact on cultural deposits, in nature and scope,construction may recommence after the Executive Director informs the permittee of that determination. (2) If the Executive Director approves the Supplementary Archaeological Plan but determines that the changes therein do not have a de minimis impact on cultural deposits,construction may not recommence until after the Commission approves an amendment to this permit. E. Prior to submittal to the Executive Director,all plans required to be submitted pursuant to this special condition, shall have received review and written comment by a peer review committee convened in accordance with current professional practice, and representatives of Native American groups with documented ancestral ties to the area. Names and qualifications of selected peer reviewers shall be submitted for review and approval by the Executive Director. The plans submitted to the Executive Director shall incorporate the recommendations of the peer review committee and the Native American groups with documented ancestral ties to the area. Furthermore, upon completion of the peer review process,and prior to submittal to the Executive Director,all plans shall be submitted to the California Office of Historic Preservation(OHP)and the NAHC for their review and an opportunity to comment. The plans submitted to the Executive Director shall incorporate the recommendations of the OHP and NAHC. If the OHP and/or NAHC do not respond within 30 days of their receipt of the plan,the requirement under this permit for those entities'review and comment shall expire,unless the Executive Director extends said deadline for good cause. All plans shall be submitted for the review and approval of the Executive Director. F. At the completion of the archaeological grading monitoring and mitigation,the applicant shall prepare a report, subject to the review and approval of the Executive Director,which shall include but not be limited to,detailed information concerning the quantity,types, location,and detailed description of any cultural resources discovered on the project site,analysis performed and results and the treatment and disposition of any cultural resources that were excavated. The report shall be prepared consistent with the State of California Office of Historic Preservation Planning Bulletin 44, "Archaeological Resource Management Reports(ARMR): Recommended Contents and Format". The final report shall be disseminated to the Executive Director and the South Central Coastal Information Center at California State University at Fullerton. G. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 1016 Page 17 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT 9. CURATION OF ARTIFACTS AND DISSEMINATION OF CULTURAL INFORMATION PRIOR TO ISSUANCE OF THIS PERMIT,the applicant shall submit for the review and approval of the Executive Director,evidence of a written agreement with a curation facility that has agreed to accept any artifacts recovered from the project site. Any such artifacts shall be curated within Orange County,at a facility meeting the established standards for the curation of archaeological resources. Further,the applicant shall request in the agreement that the facility receiving the collection prepare an appropriate display of significant materials so that the public can view the investigation results and benefit from the knowledge gained by the discoveries. If permanent curation facilities are not available,artifacts may be temporarily stored at a facility such as the Anthropology Department of the California State University at Fullerton until space becomes available at a facility meeting the above standards. The applicant shall submit written proof of acceptance from the above curation or temporary facility of 100 percent of the recovered artifacts prior to issuance of the permit. PRIOR TO ISSUANCE OF THIS PERMIT the applicant shall submit,for the review and approval of the Executive Director,a written agreement to distribute the final reports required in Special Condition 8F to interested area institutions,vocational groups and Native American tribal units within Southern California,as well as to appropriate City,County and State agencies. 10. REVISIONS TO TENTATIVE TRACT MAP 15377 PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the applicant shall submit,for the review and approval of the Executive Director,revised Tentative Tract Maps 15377 and 15419 stamped Approval in Concept by the City of Huntington Beach,reflecting the following changes: A. Reconfiguration of proposed TTM 15377 such that Lots 0,P, Q,and R(Paseo Park)are combined into a single,lettered lot. B. Reconfiguration of proposed TTM 15377 such that Lots T,U,V and Lot W(EPA trail connecting the active park and the levee)are combined into a single, lettered lot. • C. Reconfiguration of proposed TTM 15377 such that Lots C and D(public sidewalk and connection between A Street and C Street)are combined into a single, lettered lot. D. Reconfiguration of proposed TTM 15377 such that Lots BB and CC are combined into a single, lettered lot,Lot BB. E. All lots proposed to include public access and recreational uses shall be identified as such on the TTM. F. All lots proposed for ESHA,wetland,habitat uses shall be identified as such on the TTM. G. Lots proposed to be offered for dedication in fee for public works facilities and/or public recreation shall be identified on the TTM and shall identify the dedication's use, including the following lots: • i. Lot A,TTM 15377: Active Park dedicated to the City of Huntington Beach; ii. Lot S,TTM 15377:Passive Park dedicated to City of Huntington Beach; iii. Lot B,TTM 15377: Sewer Lift Station dedicated to City of Huntington Beach; iv. Lot X,TTM 15377: Water Quality Natural Treatment System dedicated to City of Huntington Beach; v. Lot Y,TTM 15377: Vegetated Flood Protection Feature dedicated to County of Orange. 1017 Page 18 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT H. Public amenities proposed to be offered for dedication as easements to the City of Huntington Beach shall be identified on the TTM and shall include the easement's use,including the following lots: i. Lot C and Lot D [to be combined and re-lettered] for public,recreational and pedestrian trail use; ii. Lots 0,P, Q,and R of TTM 15377 [to be combined and re-lettered accordingly]: Paseo Park trail; iii. Lots N,TTM 15377: Levee Connector trail iv. Lots T,U,V and Lot N,TTM 15377[to be combined and re-lettered accordingly]: EPA trail connecting the Active Park to the levee. I. Lots dedicated in fee to the Homeowner's Association(as proposed to be created by the applicant and as described in Special Condition 13 below)to be managed and maintained solely for wetland and habitat creation, restoration and preservation shall be identified on the TTM and include: i. Lot Z,TTM 15377: ESHA and Wetland Restoration area; ii. Lot AA,TTM 15377:restoration/creation EPA Wetland,ESHA and Wetland Buffer area; iii. Lots BB and CC [to be combined and re-lettered accordingly],TTM 15377:ESHA, restoration/creation EPA wetland,habitat restoration and continuation of the informal public trail); iv. Lot A,TTM 15419: Wetland and Habitat. J. After the above revisions have been incorporated and prior to recordation of the final tract maps, submit to the Executive Director for review and approval,the revised versions Tract Map Nos. 15377 and 15419. K. After recordation,submit Final Tract Map Nos. 15377 and 15419 to the Executive Director. 11. OFFER TO DEDICATE IN FEE FOR PUBLIC INFRASTRUCTURE.AND PUBLIC ACCESS& RECREATION PURPOSES PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,and in order to implement the permittee's proposal,the permittee shall submit to the Executive Director,for review and approval,a proposed document(s)irrevocably offering the dedication of fee title over the areas identified below to a public agency(ies)or non-profit entity(ies)acceptable to the Executive Director, for public access and recreation, and public infrastructure based on the restrictions set forth in these special conditions. Once the documents irrevocably offering to dedicate the areas identified below are accepted by the Executive Director,and also PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the permittee shall submit evidence that it has executed and recorded those documents,completing the offers to dedicate. The land shall be offered for dedication subject to the restrictions on the use of that land set forth in the special conditions of this permit,and the offer to dedicate shall reflect that fact. The offer shall be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California,binding all successors and assignees,and shall be irrevocable for a period of 21 years, such period running from the date of recording. The entirety of the following land shall be offered for dedication: a. TTM 15377 Lot A Active Park; b. TTM 15377 Lot S Passive Park; c. TTM 15377 Lot B Sewer Lift Station and public trail; d. TTM 15377 TTM 15377 Lot X Water Quality Natural Treatment System; 1018 Page 19 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT e. TTM 15377 Lot Y Vegetated Flood Protection Feature,Vista Point and Vista Point trail; 12. OFFER TO DEDICATE EASEMENTS FOR PUBLIC ACCESS AND RECREATION AND FOR HABITAT CREATION&RESTORATION A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the permittee shall execute and record document(s)in a form and content acceptable to the Executive Director, irrevocably offering to dedicate to a public agency(ies)or non-profit entity(ies)acceptable to the Executive Director,easements for public access and recreation as proposed by the permittee and as approved by this permit: 1) Lot T,Lot U,Lot V,and Lot W[now known as Lot T on revised TTM No. 15377] for public access and recreation; 2) Lot 0,Lot P,Lot Q,and Lot R[now known as Lot 0 on revised TTM No. 15377] for public access and recreation; 3) Lot C and Lot D [now known as Lot C on revised TTM No. 15377] for public access and recreation; 4) Lot N for public access and recreation. B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the permittee shall execute and record document(s)in a form and content acceptable to the Executive Director, irrevocably offering to dedicate to the homeowners association proposed in conjunction with the approval of this coastal development permit,easements for habitat restoration(as described in the approved final habitat management plan approved by this permit)of the following areas: 1) TTM 15377 Lot Z for wetland and habitat creation,restoration,maintenance and preservation as approved by this permit; 2) TTM 15377 Lot AA for habitat creation,restoration,maintenance and preservation as approved by this permit; 3) TTM 15377 Lot BB and Lot CC [to be combined and re-lettered as appropriate]for habitat creation,restoration,maintenance and preservation as approved by this permit and for continuation of the informal public trail; 4) TTM 15419 Lot A for wetland and habitat creation,restoration,maintenance and preservation as approved by this permit. C. The recorded document(s)shall include legal descriptions of both the permittee's entire parcel(s)and the easement areas. The recorded document(s)shall reflect that development in the offered area is restricted as set forth in the Special Conditions of this permit. The offer shall be recorded free of prior liens and encumbrances that the Executive Director determines may affect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California,binding all successors and assignees,and shall be irrevocable for a period of 21 years, such period running from the date of recording. The applicant's proposal for the lands to be offered for public trails and habitat creation and restoration are generally depicted on the plan titled Site Plan,Revised Tentative Tract Map. 15377 and 15419,City of Huntington Beach,prepared by Hunsaker&Associates and dated May 24,2011 and received in the Commission's offices on July 25, 2011. 1019 Page 20 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT D. The lands identified in this dedication shall be maintained in accordance with the approved final Habitat Management Plan and with the approved final Public Amenities&Trail Management Plan required in the special conditions of this coastal development permit. 13. COVENANTS,CONDITIONS,AND RESTRICTION(CC&R'S)AND FINAL TRACT MAPS A. Consistent with the applicant's proposal,the applicant shall establish covenants,conditions and restrictions(CC&Rs), or an equivalent thereof,for the proposed development to address ownership and management of all public streets and sidewalks of the subdivision,public trails,public parks,habitat restoration and preservation areas,environmentally sensitive habitat areas,and common landscaped areas. The CC&Rs shall reflect all applicable requirements of this coastal development permit, including but not limited to the specifications concerning the development of the parks,trails and habitat creation and restoration areas,and residential landscaping as described in Special Condition 15 below and a prohibition on the use of rodenticides,as proposed by the applicant and as conditioned by this permit. The CC&Rs shall include a provision specifically stating that the CC&Rs shall not be modified,amended or changed in any manner that would render them inconsistent with any special condition and/or the findings in coastal development permit number 5-11- 068,approved by the Coastal Commission at its October 11,2012 hearing;any amendment made by the HOA modifying the CC&Rs in a manner that renders the modification inconsistent with any special condition and/or the findings in coastal development permit number 5-11-068 shall be null and void. B. As soon as a homeowner's association or similar entity comprised of the individual owners of the 111 proposed residential lots is activated,the applicant shall transfer title of the area covered by the Habitat Management Plan and public access and recreation areas covered by the Public Amenities and Trail Management Plan to that entity C. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,and prior to recordation of any CC&Rs,or tract maps associated with the approved project,proposed versions of said CC&Rs and tract maps shall be submitted to the Executive Director for review and approval. The Executive Director's review shall be for the purpose of ensuring compliance with the standard and special conditions of this coastal development permit, including ensuring that,pursuant to paragraph A of this condition,the CC&Rs also reflect the ongoing restrictions and obligations imposed by these conditions. The restriction on use of the land cited within the special conditions of this permit shall be identified on the Tract Map(s),where appropriate,as well as being placed in the CC&Rs. D. Simultaneous with the recording of the final tract map(s)approved by the Executive Director, the permittee shall record the covenants,conditions and restrictions approved by the Executive Director,against the property. The applicant shall submit a recorded copy of the covenants,conditions and restrictions within 30 days of their recordation to the Executive Director. The CC&Rs may not be modified in a manner that would render them inconsistent with any provision of this permit or of any plan or other document approved by the Executive Director pursuant to the conditions of this permit. Any change that would not create a direct conflict between the CC&Rs and the provisions of this permit or of any approved plan or other document shall be submitted to the Executive Director, in writing,for a determination as to whether such change requires approval of the Coastal Commission. The Executive 1020 Page 21 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT Director shall have 90 days in which to communicate a determination to the Homeowners' Association. If,within that 90 day period,the Executive Director indicates that Commission approval is required,no such change shall occur until such approval is secured. Otherwise, no Coastal Commission approval shall be required. The CC&Rs shall indicate these restrictions within their terms. 14. LANDSCAPING PLAN—RESIDENTIAL AREA A. The applicant shall conform to the landscape plan prepared by Fred Radmacher Associates, Inc. dated 11/18/08 as revised through 1/7/10 for the common areas within the residential land use designation and zone only(Lots E,F,G,H,I,J,K,L,and M;and Lots 0,P, Q,and R[Lots 0,P,Q,and R to be combined and re-lettered as appropriate]);and Lots C,D and N, received in the South Coast District Office on May 4,2010 showing vegetated landscaped areas consisting of native plants or non-native drought tolerant plants,which are non- invasive. No plant species listed as problematic and/or invasive by the California Native Plant Society,the California Exotic Pest Plant Council,or as may be identified from time to time by the State of California shall be employed or allowed to naturalize or persist on the site. No plant species listed as a"noxious weed"by the State of California or the U.S. Federal Government shall be utilized within the property. Existing vegetation that does not conform to the above requirements shall be removed. B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the permittee shall submit,for the review and approval of the Executive Director, a revised landscape plan for the common areas within the residential land use designation and zone only(Lots E,F,G, H,I,J,K,L,and M; and Lots 0, P,Q,and R[Lots 0,P,Q,and R to be combined and re- lettered as appropriate])deleting the area subject to the approved Habitat Management Plan. C. All future landscaping of residential lots(Lots 1 through 111)shall consist of native plants or non-native drought tolerant plants,which are non-invasive. No plant species listed as problematic and/or invasive by the California Native Plant Society,the California Exotic Pest Plant Council,or as may be identified from time to time by the State of California shall be employed or allowed to naturalize or persist on the site. No plant species listed as a"noxious weed"by the State of California or the U.S.Federal Government shall be utilized or allowed to persist within the property. Existing vegetation,that does not conform to the above requirements shall be removed. D. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the permittee shall submit,for the review and approval of the Executive Director, landscape palette lists to be incorporated into the landscaping guidelines for future residential development. The approved landscape palette list shall identify: 1)the native plant species that may be planted on the residential lots;2)a list of the non-native,non-invasive drought tolerant common garden plant species that may be planted on the residential lots; 3)the non-native,non- invasive drought tolerant turf that may be planted within approved turf areas in the parks,and 4)the invasive plant species that are prohibited from use anywhere within the development. The landscape palette for the development shall be consistent with the Approved Plant List for Non-Habitat/Non-Buffer Areas as reviewed and approved by the Executive Director. E. These lists shall remain available for consultation and shall be recorded in the covenants, conditions and restrictions as required by Special Condition 13. Additions to or deletions from these lists may be made by the Executive Director of the California Coastal Commission,in consultation with the project's restoration ecologist. 1021 Page 22 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT F. No deviations from the list shall occur in the plantings on the site without an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. G. Monitoring. Five years from the date of the completion of the installation of landscaping of the common areas as required in these special conditions,the permittee shall submit, for the review and approval of the Executive Director,a landscape monitoring report,prepared by.a licensed landscape architect or qualified resource specialist,that certifies the on-site landscaping is in conformance with the requirements of the special conditions of this permit and the landscape plans approved pursuant to the special conditions of this permit. The monitoring report shall include photographic documentation of plant species and plant coverage. If the landscape monitoring report indicates the landscaping is not in conformance with or has failed to meet the performance standards specified in the landscaping plan approved pursuant to this permit,the permittee, or successors in interest,shall submit a revised or supplemental landscape plan for the review and approval of the Executive Director. The revised landscape plan must be prepared by a licensed landscape architect or a qualified resource specialist and shall specify measures to remediate those portions of the original plan that have failed or are not in conformance with the original approved plan. The permittee or successor in interest shall implement the supplemental landscaping plan approved by the Executive Director and/or seek an amendment to this permit if required by the Executive Director. H. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved plan shall be reported to the Executive Director. No changes to the approved plan shall occur without a Commission amendment to this,coastal development permit unless the Executive Director determines that no amendment is required. 15. CONSTRUCTION STAGING AREA AND FENCING A. All construction plans and specifications for the project shall indicate that impacts to wetlands and environmentally sensitive habitat areas shall be avoided and that the California Coastal Commission has not authorized any impact to wetlands or other environmentally sensitive habitat areas. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the permittee shall submit a final construction staging and fencing plan for the review and approval of the Executive Director which indicates that the construction in the construction zone,construction staging area(s)and construction corridor(s)shall avoid impacts to wetlands,ESHA,and other sensitive habitat areas consistent with this approval. The plan shall include the following requirements and elements: 1) Wetlands and any environmentally sensitive habitats shall not be affected in any way,except as specifically authorized in this permit. 2) Prior to commencement of construction,temporary barriers shall be placed at the limits of residential grading adjacent to the area subject to the approved final Habitat Management Plan which includes wetlands and all ESHA. Solid physical barriers shall be used at the limits of grading adjacent to all ESHA. Barriers and other work area demarcations shall be inspected by a qualified biologist to assure that such barriers and/or demarcations are installed consistent with the requirements of this permit. All temporary barriers, staking and fencing shall be removed upon completion of construction. 1022 Page 23 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT 3) No grading,stockpiling or earth moving with heavy equipment shall occur within ESHA,wetlands or their designated buffers,except as noted in the final Habitat Management Plan approved by the Executive Director. 4) The plan shall demonstrate that: a. Construction equipment,materials or activity within the area subject to the approved final Habitat Management Plan shall be the minimum necessary to accomplish the goals outlined in the approved final Habitat Management Plan. b. Deep grading and construction within the residential area of the project shall avoid adverse impacts upon the adjacent area subject to the approved final Habitat Management Plan; and c. Construction equipment,materials,or activity shall not be stored within any ESHA wetlands or their buffers and shall not be placed in any location that would result in impacts to wetlands,ESHA or other sensitive habitat; 5) The plan shall include,at a minimum,the following components: a. A site plan that depicts: i. Limits of the staging area(s) ii. Construction corridor(s) iii. Construction site iv. Location of construction fencing and temporary job trailers with respect to existing wetlands and sensitive habitat v. Compliance with the approved Water Quality Management Plan prepared by Hunsaker and Associates, dated 9/11/09. vi. Measures to be employed to avoid adverse impacts on wetlands, ESHA,and other sensitive habitat. B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 16. LIGHTING A. All lighting within the development shall be directed and shielded so that light is directed away from wetlands,ESHA,and other habitat and buffer areas. Floodlamp shielding and/or sodium bulbs shall be used in developed areas to reduce the amount of stray lighting into wetland and habitat creation and restoration areas. Furthermore,no skyward-casting lighting shall be used.. The lowest intensity lighting shall be used that is appropriate to the intended use of the lighting. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the permittee shall submit,for the review and approval of the Executive Director, a lighting plan to protect the wetlands,ESHA,and other habitat and buffer areas from light generated by the project. The lighting plan to be submitted to the Executive Director shall be accompanied by an analysis of the lighting plan prepared by a qualified biologist which 1023 Page 24 of 28 October 30, 2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT documents that it is effective at preventing lighting impacts upon adjacent wetlands and environmentally sensitive habitat and buffer areas. B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 17. WALLS,FENCES,GATES,SAFETY DEVICES AND BOUNDARIES IN OPEN SPACE HABITAT AREAS A. As proposed,all fences,gates,safety devices and boundary treatments within or controlling access to wetlands,environmentally sensitive habitat areas(ESHA),and buffer areas,shall be designed to allow the free ingress,egress and traversal of the habitat areas of the site by . wildlife, including the coyote. Where the backyards of residences(Lots 34 through 41)abut the EPA trail area lots(Lots T,U,V,W[to be combined and re-lettered as appropriate] of TTM 15377),there shall be walls,fences, gates, safety devices and boundary treatments,as necessary,to contain domestic animals within the residential development and along the approved trails and exclude such animals from sensitive habitat areas. B. The permittee shall undertake development in accordance with the approval final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 18. WATER QUALITY MANAGEMENT PLAN A. The applicant shall implement the Water Quality Management Plan(WQMP),as proposed and described in the document prepared by Hunsaker&Associates,dated 9/11/09, including the recommendations by GeoSyntec in the document titled Parkside Estates,Tentative Tracts 15377 and 15419, Water Quality Evaluation(Final),dated February 2009, and attached as Appendix E to the WQMP. Any proposed changes to the approved plan shall be reported to the Executive Director. No changes to the approved plan shall occur without a Commission amendment to this coastal development permit or a new coastal development permit unless the Executive Director determines that no amendment is legally required. B. Offer of dedication to the City of Huntington Beach of the Natural Treatment System proposed within Lot X shall be made upon completion of construction by the permittee of the Natural Treatment System and prior to occupancy of any proposed project residence. 19. CONFORMANCE OF DESIGN AND CONSTRUCTION PLANS TO GEOTECHNICAL REPORT A. All final design and construction plans, including all overexcavation and recompacting plans, all dewatering,foundations,grading and drainage plans, shall be consistent with all recommendations 1024 Page 25 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT contained in the following documents. If recommendations have been revised in later reports,the final design and construction plans shall be with the most recent version of all recommendations. 1. Pacific Soils Engineering(November 25,2008)Updated Geotechnical Report and 40- Scale Grading Plan Review,Parkside Estates,Tract 15377,City of Huntington Beach, California; 2. Pacific Soils Engineering(February 5,2009)Response to City of Huntington Beach, Review Comment,Tentative Tract Maps 15377 and 15419,Parkside Estates,City of Huntington Beach,California; 3. Pacific Soils Engineering(May 28,2009)Update of Groundwater Monitoring Program, Parkside Estates,City of Huntington Beach,California; 4. Pacific Soils Engineering(September 14,2009)Cover Letter to Accompany Dewatering Review,Tentative Tract Map 15377, Parkside Estates,City of Huntington Beach, California; 5. Pacific Soils Engineering and Hunsaker&Associates(September 1,2009)Rough Grading Plan for Tentative Tract 15377 and Tentative Tract 15419;Approval in Concept 9/4/09,Planning Division,City of Huntington,Nine Sheets; 6. Hunsaker&Associates(9/18/09)Orange County OC Public Works Department,Plans for Construction of a portion of East Garden Grove—Wintersburg Channel,OCFCD Facility No. C05 from 2100 feet downstream of Graham St to Downstream of Graham St.and Vegetated Flood Control Facility(VFCF)from North Side of Wintersburg Channel to 600 feet North of Wintersburg Channel,Nine Sheets; 7. Hunsaker&Associates(9/18/09)Storm Drain Improvement Plans for Tract 15377,2 Sheets; 8. Hunsaker&Associates(1/12/10)Rough Grading Plans; 9. Hunsaker&Associates(5/20/11)Orange County OC Public Works Department,Plans for Construction of a portion of East Garden Grove—Wintersburg Channel,OCFCD Facility No.CO5 from 2100 feet downstream of Graham St to Downstream of Graham St.and the Vegetated Flood Control Feature(VFPF)from North Side of Wintersburg Channel to 600 feet North of Wintersburg Channel,Nine Sheets; 10. LSA Associates,Inc.,(July 14,2011)Revised Geotechnical and Archaeological Monitoring Report,Project No. SHO1001 Phase 1; 11. Alta California Geotechnical,Inc.(July 21,201,1)"Transmittal of Fill Removal and Replacement Detail,Vegetated Flood Protection Feature,Parkside Estates". B. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the permittee shall submit, for the Executive Director's review and approval,evidence that an appropriately licensed professional has reviewed and approved all final design and construction plans and certified that each of those final plans is consistent with all of the recommendations specified in the above- referenced geologic evaluations approved by the California Coastal Commission for the project site. C. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 1025 Page 26 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT 20. FUTURE DEVELOPMENT RESTRICTION This permit is only for the development described in Coastal Development Permit No. 5-11-068. Pursuant to Title 14,California Code of Regulations,sections 13250(b)(6)and 13253(b)(6),the exemptions otherwise provided in Public Resources Code,section 30610(a)and 30610(b)shall not apply to any of following lots of proposed TTM 15377: each of the lettered lots,and the following numbered/residential lots: Lots 2 and 3, Lots 25 &24,Lots 34 through 41 inclusive,Lot 1 and Lot 111. In addition,the exemptions cited above shall not apply to all of TTM 15419 in its entirety. Accordingly,any future improvements on each of the lettered lots or to any of the single family residential lots listed in this condition for TTM 15377 or to any portion of TTM 15419,including,but not limited to,repair and maintenance identified as requiring a permit in Public Resources Code,section 30610(d)and Title 14,California Code of Regulations,sections 13252(a)-(b),shall require an amendment to Permit No. 5-11-068 from the Commission or shall require an additional coastal development permit from the Commission or from the applicable certified local government,unless the Executive Director of the Commission determines that no amendment or new permit is required. 21. ASSUMPTION OF RISK By acceptance of this permit,the permittee acknowledges and agrees(i)that the site may be subject to hazards from flooding,tsunami, liquefaction and earth movement; (ii)to assume the risks to the permittee and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii)to unconditionally waive any claim of damage or liability against the Commission, its officers,agents,and employees for injury or damage from such hazards; and(iv)to indemnify and hold harmless the Commission, its officers,agents,and employees with respect to the Commission's approval of the project against any and all liability, claims, demands,damages, costs (including costs and fees incurred in defense of such claims), expenses,and amounts paid in settlement arising from any injury or damage due to such hazards. 22. LIABILTIY FOR COSTS AND ATTORNEYS FEES The Permittees shall reimburse the Coastal Commission in full for all Coastal Commission costs and attorneys fees-- including(1)those charged by the Office of the Attorney General,and(2)any court costs and attorneys fees that the Coastal Commission may be required by a court to pay--that the Coastal Commission incurs in connection with the defense of any action brought by a party other than the applicant against the Coastal Commission, its officers, employees,agents,successors and assigns challenging the approval or issuance of this permit. The Coastal Commission retains complete authority to conduct and direct the defense of any such action against the Coastal Commission. 23. COMPLIANCE All development shall occur in strict compliance with the proposal as set forth in the application for permit, subject to any changes approved in this permit and subject to any approved revised plans provided in compliance with the Special Conditions of this coastal development permit. Any proposed change from the approved plans must be reviewed and approved by the Executive Director to determine if an amendment or new permit is necessary. 1026 Page 27 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT 24. LOCAL GOVERNMENT APPROVAL Except as modified by the conditions of this coastal development permit, all requirements and conditions approved and imposed by the City of Huntington Beach upon the proposed project remain in effect. 25. WITHDRAW PROJECT APPROVED BY LOCAL GOVERNMENT By acceptance of this permit,the applicant agrees to withdraw the application for development of the subject site approved by the local government and to abandon and extinguish all rights and/or entitlements that may exist relative to the City's approval of a project at the subject site that is the subject of Coastal Commission Appeal No.A-5-HNB-02-376. 26. GROUNDWATER AND SUBSIDENCE MONITORING A. Prior to issuance of the coastal development permit,the applicant shall submit for the review and approval of the Executive Director,a groundwater and subsidence monitoring plan for the proposed development. The monitoring plan must include the requirement that if the monitoring reveals that drawdown to-8 feet(MSL NAVD 88)has occurred along the northern property line or to-19 feet(MSL NAVD 88)at the southeast corner of the site and/or that 4 inch of subsidence has occurred either at the northern property line or in the southeast corner of the site all groundwater pumping shall cease immediately. In addition,the monitoring plan shall, at a minimum,establish methods for monitoring the groundwater drawdown and subsidence at the site along the northern property line and at the southeast corner of the site and the minimum number and location of monitoring wells. The methods of monitoring must include,but are not limited to,the frequency of monitoring,the party(ies)responsible for conducting the monitoring,preparation of a mitigation plan addressing any identified impacts resulting from site dewatering and/or subsidence,and a time frame for preparing and submitting the required mitigation plan to the Executive Director. The mitigation plan shall be required if any of the above thresholds are met, and shall be submitted,pursuant to a request for an amendment to this coastal development permit. The mitigation plan shall address any impacts arising from the identified groundwater drawdown and/or subsidence. B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 27. INSPECTIONS The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 28. BURROWING OWL INSPECTION PLAN Prior to issuance of the coastal development permit,the applicant shall submit to the Executive Director for review and written approval,a plan,prepared in consultation with the California Department of Fish and Game(CDFG),to implement the following: 1027 • Page 28 of 28 October 30,2015 Coastal Development Permit No. 5-11-068 AMENDED COASTAL DEVELOPMENT PERMIT Prior to issuance of the CDP,the applicant shall implement the non-breeding and breeding season survey protocol provided in the CDFG Staff Report on Burrowing Owl Mitigation(March 2012). Survey results will be reported to the Executive Director. If surveys indicate substantial use for at least three weeks of the Parkside Estates project area,i.e.sustained use of one or more burrows during either the non-breeding or breeding season,the mitigation measures identified in the CDFG Staff Report will be implemented, specifically to avoid direct impacts to occupied burrows or to natal burrows during the breeding season. This survey procedure shall be repeated 30 days prior to the beginning of construction. Habitat mitigation in accordance with the protocol,if indicated by positive results of either survey,will be included within the Habitat Management Plan(HMP)area, and the final HMP shall include modifications to enhance the potential for utilization of the HMP area by burrowing owls. Specifically,the HMP shall include a section detailing the location and specifications for two artificial nest structures,designed for the burrowing owl for each burrowing owl using the area. Vegetation plans in the vicinity of these structures shall contain species appropriate to native California grassland and coastal sage communities in coastal Southern California areas.;Consideration will be given to more open and sparse vegetation,suitable for burrowing owl foraging, for the review and approval of the Executive Director. 1028 ATTACHMENT #6 • Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder • II 111 I ftIll III III 111 1111' II II NO FEE • * SR 0 0 1 6 0 1 1 7 6 0 $: * RECORDING REQUESTED BY AND sq 2026000017093 03:51 pm'01/22/26 ,9 Es0A C15 179 WHEN RECORDED mAn,TO: 0.000.00 0.013 000 534.00 0.00 0.00 0.00 0.00 0.00 CALIFORNIA COASTAL COMMISSION 725 FRONT STREET,STE. 300 SANTA CRUZ,CA 95060 STATE OF CALIFORNIA OFFICIAL BUSINESS • Document entitled to:free recordation • Pursuant to.Government Code §27383 , • APN's: 163-361-05, 163-361-06, 163-362-51,163-362,52 CDP:Shea Homes 5-11-068 • CERTIFICATE OF ACCEPTANCE This is to'Certify that the interest in the property conveyed by the Irrevocable Offer to Dedicate Fee Title for Public Infrastructure, Access and Recreation Purposes and Declaration, of Restrictions dated.July 9, 2015, executed by Shea Homes Limited Partnership,a.California limited partnership,and recorded on July 23,2015,as Instrument No.2015000383686 of the ' Official Records of the Office of the Recorder of Orange County,attached hereto as Exhibit 1 and incorporated herein by this reference; is hereby accepted as of the date hereof by the City of Huntington.Beach,.a municipal corporation ("Grantee"), on Nov. 18, 2025 , and Grantee consents'to recordation hereof by its duly authorized officer. Dated: - 024 /2149 .CITY OF HUNTINGTON BEACH, . January 21, 2026 a municipal corporation: By:7 Name and Title . Pat Burns, Mayor 1 • 1029 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CALIFORNIA COASTAL COMMISSION 725 FRONT STREET, STE. 300 SANTA CRUZ, CA 95060 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation Pursuant to Government Code §27383 APN's: 163-361-05, 163-361-06, 163-362-51, 163-362-52 CDP: Shea Homes 5-11-068 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the property conveyed by the Irrevocable Offer to Dedicate Fee Title for Public Infrastructure, Access and Recreation Purposes and Declaration of Restrictions dated July 9, 2015, executed by Shea Homes Limited Partnership, a California limited partnership, and recorded on July 23, 2015, as Instrument No. 2015000383686 of the Official Records of the Office of the Recorder of Orange County, attached hereto as Exhibit 1 and incorporated herein by this reference, is hereby accepted as of the date hereof by the City of Huntington Beach, a municipal corporation ("Grantee"), on Nov. 18, 2025 , and Grantee consents to recordation hereof by its duly authorized officer. Dated: t 121 /21P CITY OF HUNTINGTON BEACH, January 21, 2026 a municipal corporation By: Name and Title Pat Burns, Mayor 1 1029 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On 1/21/2026 before me, Donna Switzer, Notary Public, personally appeared Pat Burns who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. ,�•�>,,., DONNA SWITZER �s;a Notary Public•California WITNESS my hand and official seal. ,..•• Orange County I ��, .may Commission#2470457 +urn+` My Comm.Expires Nov 9,2022j (Seal) (Notary Signature) EXHIBIT 1 Wrding Requested,Byt Rist Amerioon Thin Company Notional tio(nobulidet SeiViceS Subdivision DepOrtmOnt RECORDING REQUESTED I3Y it AND WHEN RECORDED RETURN TO: Recorded in Official Records,Orange County Hugh Nguyen,Clerk4leccitl0 California Coastal Commission. 11113 I1111111111111111 111111 1111111111113111 549.°° 725 Front Street,Suite 300 * $ R000 7 7006 4 2: ; * Santa Cru2,CA 95060 2015000383686 11:14 am 07123115 62 416006001 F14 178 APNs: 11601649; 110-010-20,and 110,016-23 0.09 0.00 0.00.0.00 531,60 0.00 0.00 0.00 'V 044 -or ) IRREVOCABLE-OFFER TO DEDICATE FEE.TITLE FOR PUBLIC INFRASTRUCTURE,ACCESS AND RECREATION PURPOSES ti> ANOECLARATION OF RESTRICTIONS ' If THIS IRREVOCABLE OFFER TO.DEDICATE FEE TITLE FOR PUBLIC INFRASTRUCTURE,ACCESS AND RECREATION PURPOSES AND DECLARATION OF RESTRICTIONS (the"Offer")is made this elpf day of4j1 2015,by SHEA. HOMES LIMITED PARTNERSHIP,.a.California limited partnership(the"Grantor"): I. WHEREAS,Grantor is the legal owner 0.4 fee interest of certain real property located in the County of Orange,State of California,dpscribed and depicted in EXHIBIT A, attached hereto and incorporatedlerein by this reference(the"Property");and II. WHEREAS,the California COastal Act of 1976(the"Act"),which is codified in Division 20 of the California Public Resources Code("PRC")Sections 30000 to 30900,defines a"Coastal Zone"for the State of California to which most of the Aet's provisions apply(PRC Section 30103),and all of the Property is located within that Coastal Zit-id; and. III; WHEREAS,the Act created the California Coastal Commission(the "Commission")and requires that any coastal development permit approved,by the Commission must be consistent with the policies of the Act;and Document Number: 2015010030686 Ppgp: 1 of 179 1031 IV. WHEREAS,pursuant to the Act,Grantor applied to the COMiniSSiOri fOr a coastal development permit to undertake development(as defined.in Section 30106 of the PRC)on the Property;and V. WHEREAS,on October 11,2012,the Corinnission conditionally approved Coastal Development Permit No:5-1.1-068(the'Permit"),.and:on October 9,2013,,the: CatitiniSsiOn approved Coastal.Development Permit Amendment No: 5-11-068-A1(Which together with.the Permit.Shall hereinafter be referred to aS the"Amended Permit"), accordance with the provisions of the adopted staff recommendations and-findings(the"Adopted Staff Report").andthe Notice of Intent to Issue Amended:Perrnit.dated November 13,2014,both- attached hereto as EXHIBIT and incorporated hereinby this reference;subject to the following • condition(theCondition"): "1L OFFER TO DEDICATE IN FEE FOR HABITAT,PUBLIC INFRASTRUCTUREk AND Pt-RUC:ACCESS Si:RECREATION PURPOSES: PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT; and in order.to•iinplement the permittee's proposal, the permittee shall submit to.the Executive Director, for revieW and approval, a proposed document(s) irrevocably offering the dedication of fee title.over the areas'identified below to a public agency(ies) or nonprofit entity(ies) acceptable to the Executive Director, for public access and recreation, and public infrastructure based on the restrictions set forth in these special conditions Once the documents irrevocably offering to dedicate the areas identified below are.accepted by the Executive Director; and also PRIOR TO. ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT; the pertnittee shall submit evidence that it has executed and recorded those documents,completing the:Offers to dedicate. The land shall be offered for dedication subject to the restrictions on the use of that land set forth in the special conditions of this permit, and the offer to dedicate shall reflect that fact. The offer shall be recorded free of prior liens and encumbrances which the Executive:Director determines may affect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such periOd running from the date of recording. The entirety of the following land shall be offered for dedication: a. TIM 15377 Lot A Active Park; b. TTM 15377 Lot S Passive Park; c. TTM 15377 Lot B Sewer Lift Station and public trail; d. TTM 15377 Lot X Water Quality Natural Treatment System.. .7"and • Document Number: 201500038$686 Poge: 2 of 179 1 032 VI. WHEREAS,.the Commission found that but for the imposition of the Condition, the proposed development could not be found consistent with the provisions of the Act and that a permit could therefore not have been granted;and VII. WHEREAS,Grantor has elected to comply with the Condition and execute this Offer so'as to enable Grantor to underWke the development authorized by the Amended Permit. NOW,THEREFORE,in consideration of the above and the mutual benefit and conditions set forth herein and the issuance of the Amended Permit to Grantor by the Commission,Cirantor hereby irrevocably offers to dedicate to,a public'agency(fes)or non-profit entity(ies)acceptable to the Executive Director of the Commission("Grantee"),for the benefit of the People Of the State of California,fee title to those portions of the Property described in Section 1 below. 1. DESCRIPTION., This Offer affects that portion of the Property consisting of Lots A,S,B and X as described and depicted on EXHIBIT C attached hereto and incorporated herein by this reference("Lot:A","Lot S","Lot B"and"Lot X",respectively,and collectively,the "Dedicated Property"). 2. DECLARATION OF RESTRICTIONS. a. Pursuant to the Amended Permit,no development,as defined in Section,30106 of the Act("Development"),attached hereto as EXHIBIT D,and incorporated herein by this reference, shall occur'on the Dedicated Property except for the following: i. . Within Lot A,grading and construction necessary to construct the Active Park(as referenced in the Adopted Staff Report),vegetation removal,planting and on-going plant maintenance,drainage devices maintenance and repair activities pursuant to and in conjunction with the management and maintenance of Lot A for recreational use Document.Number: 201501)0383686 Pep: 3 of'179 1033 by the general public in compliance with the Amended Permit and the approved plans required thereunder(including the-Rongh Grading Plan for TTM 1.5377 and TTM 15419 prepared by Hunsaker&Associates;and dated 9/19/2011 (as.:the same may be amended with the approval of the Commission)required pursuant to Special Condition 1 (the "Grading Plan"),the Public Amenities&Trail Management Plan dated 2/26/14(as the same may be amended with the approval Of the Commission)required pursuant to Special Condition 3 (the"Public Amenities&Trail Management Plan"),the Public Restroom Plans dated 2/27/13 (as the,same may be amended with the approval of the Commission)pursuant to Special Condition 4(the."Restroom Plans"),the.Landscape Plan prepared by Frank Radmacher Associates,titled"Residential Area'dated 2/11/13 and updated 11/20/13 with Sheet L-1 updated 2/20/14 and Sheet L-3 updated 2/6/13 (as the same may be amended with the approval of the Commission)required pursuant to Special Condition 14(the"Landscape Plan"),the Lighting Plan dated 3/8/13 and revised 10/23/13 (as,the same may be amended with the approval of the Commission)required pursuant to Special Condition 16(the"Lighting Plan"),and the Wall and Fence Plan prepared by Hunsaker&Assodates,dated 9/1/09 (as the same may be amended with the approval of the Commission)required pursuant to Special.Condition 17(the"Wall and Fence.Plan")). In addition the following shall be allowed for use by the general public within the Active Park: tot lot play area,swing set play area,picnic areas,benches and refuse containers,public access signage and public restroom facilities; ii. Within Lot S,grading and construction necessary to construct the Passive Park(as referenced in the Adopted Staff Report),vegetation removal,planting and on-going plant maintenance,drainage devices maintenance and repair activities Document Number: 20150b0383686 Pep: 4 of 179 1034 pursuant to and in.conjunction with the management arid maintenance of the:park for recreational use:by the general public in compliance withthe Amended Permit.and the approved plans required thereunder(including the Orading Plan,the Public Amenities:8c, Trail Management Plan;the Entry MoriuMentation Plan dated'217/13 and revised 9/26/13 (as the same may be amended with the approval of the•Cciinmission)required pursuant to Special ConditiOn 6,.the Landscape Plan,and the Lighting Plan); iii. development,repair,and maintenance of a 10 fOot wide;public access trail within Lot:B(connecting with the public trail in Lot 0.of Tentative Tract Map("TIM") 15377 at both ends,as:shown on EXHIBIT C hereto)for recreational use by the general public in,compliance with the AMended'Permit and the approved plans required thereunder(including the Public:Anienities&Trail Managernent Plan); iv. development,repair,and maintenance of a.sewer lift station within •LotB in compliance with the Amended Permit and the approved plans required thereunder(including the Public AmeilitieS&Trail Management Plan,the Wall arid Fence Plan,the Lighting Plan,and:the Landscape Plan); and v. development,repair,maintenance and upgrade(if approved by the. Commission as part of a coastal development permit Or an amendment thereof,unless the Executive Director determines no amendment or new permit is required)of.a water quality natural treatment system within Lot X(the"Water Quality Natural Treatment System")in compliance with the Amended Permit and the approved plans:required thereunder(including the Habitat Management Plan prepared by LSA Associates,Inc. dated October 2013 required-pursuant to Special Condition 2 (the"HMP"),the Wall and Fence Plan,and the Water Quality Management Plan prepared by Hunsaker&Associates Document Number: 2015600383586 Page: 5 of 179 1035 ,. . . dated:9/1:1109,including the rec.otrithendations.by GeoSyntec dated 2/09 contained in Appendix.E thereof,required pursuant to Special Condition 1:8): b. Additional Development consistentwith the uses permitted by the Amended Perinit maybeallowed.on the Dedicated Property if approved by the.Commission in an..amendinentto the Amended Permit or in a new coastal development permit unless the Executive Director determines that none is legally re.qttire.d, c. The.Dedicated Property shall be:maintained in accordance With all applicable Special Conditions of the Amended Permit and.altapplicableplana required by the Amended Permit in the form:approved by the-Executive Director of the Commission(all of whiCh are on file:and.available for review at the Commission's Long Beach Office,200. .Oceangate,Ste. 1000,Long 136aeh,90802).. Grantee.shall,not be obligated tO maintain;improve or otherwise,expiend any funds in-connection with.the Property or any interest or easement created by this Offer,..and all costs.and expenses for such maintenance;improvement,use or possession shall*borne by the owner of the Property(Grantor or its successor in interest), except as expressly set forth in Section.3 below 3. RESERVATION OF:RIGHTS FOR MAINTENANCE RESPONSIBILITIES. a.: Easement to Provide Supplemental Water to Wetland.Areas. Pursuant to Special.Conditions 2.B and 2,D of the Amended Permit,.which.requires Grantorto implement perpetual management,maintenance and monitoring for all of the areas described in the IMP, for the period described in the final HMP,Grantor reserves,for itself and-its.successors a non- exclusive easement for access on,over,.through and across Lot X(which.includes the Water • Quality Natural Treatment System)for the purpose of installing,.operating,repairing and maintaining a connection to provide supplentental water to the wetland.areas.located.within Lot. Document Number: 2015(fQ03.83686 Page: 6 of 179 1036 • of TTM 15377 and Lot A Of TTM 1 .419.as shown on EXHIBIT C hereto. Sticheasernent shall bean easement:appurtenant and shall burden Lot X and benefit Lot Z of TTM 15377 and Lot A of TTM 15419i. b. Easement for Landseape,and Restroom Maintenance,on Lot A. Pursuant to the. PUblic Amenities & Trail Management Plan and the Landscape Plan, which require Grantor (or its suCceSSOr)to 'maintain the public restrooms and.landscaping on Lot Al.Grantor reserves for itself and its successors a non-exclusive easement for access on,over,under,.through and across Lot A to (a). maintain, the softscape and landscape improvements within Lot.A. Without limitation, the irrigation system, lawn areas, groimd covetareas; shrubs and • trees) and. (b) undertake day-to-day maintenance and cleaning of the public restrootns. Such • easement Shall be an easement appurtenant and shall burden Lot A and benefit Lot AA of TTM 15377. Grantee:shall be responsible for maintenance of the.hardsc.ape within Lot A. c.. 'Easement for Landscape.Maintenanee on.Lot S. Pursuant to the.Public Amenities 8L•Trail Management Plan and the Landscape Plan,which require Grantor(or its .suecessorltamaiinain the landscaping.on.Lot S,Grantor reserves for its benefit and for the benefit of its.successor,a non-exclusive easement for access on,over under,through and across. Lot S maintain the softscape and landscape improvements within the Passive Park(including, • without limitation,the irrigation system,lawn areas,ground cover areas;shrubs arid trees). Such easement shall be an easement appurtenant and shall burden Lot S and benefit Lots AA and.BB of TTM 15377. Grantee shall be.responsible for maintenance ofte hardseape within.Lot S, 4_ EXISTING USES.This Offer shall not.be used.or Construed tri allow.anyone.to interfere with any rights of public access.acquired'through use which may exist on the Property, Document Number: 2015a)0383686 Page: 7 of 179 1037 5 DURATION,ACCEPTANCE AND TRAN8FERABILITY.This Offer shall be irrevocable for a.period of 21 years from.the date•oftecordation hereof. This Offer..may be acceptedby the City of Huntington Beach or;if not accepted by. the City of Huntington Beach as evidenced by the recordationof an acceptance as.de.scribed below,then by a political subdivision of the State of California,a-public entity or a private association acceptable to the Executive Director of the Commission(the"Grantee),in each oast-only afterthe.DedicatedProperty has been,sUbdiVidedfrom the Property in.accordance with all-applicable laWs Such acceptanceShall be effectuated'by recordation by Grantee of an.accePtarice ofthis&fain the form:attached_ hereto as EXHIBIT E,upon:Which this Dffershall have.the effect of grantingfee-title to-the Grantee. After aCceptolee,the Property may only be transferred to.and held by an entity that qualifies as a Grantee under thecriteria:hereinabove stated. Notwithstanding the foregoing, Grantor,for itself and its assigns and successors in interest,covenants and agreesthatthe:use:of the Property is hereby restricted as set forth in this Offer and:that such reStrictions:shall remain in full force:and effect during the period that the Amended Permit,or:any modification,or amendment thereof remains'effective,and during the period that,the:development,authorized by the Amended Pernik.Or any modification of said deVelopmerit„-rerriains-in existence in or upon any part of,and thereby'confers benefit upon,the Property. 6. REMEDIES, Any act,conveyance,'contract,or authorization by the Grantor or the Grantee,whether .,1/4tritt-en or oral,which uses,or would cause.to be used,ofwould permituse • ofthe Property Contrary le-the terms of this Offer Will be deemed a violation and a breach hereof: The Grantor,any Grantee;any offeree of this.Offer and the Commission may pursue any and,all available legal and/or equitable'remedies to enforce terms and conditions of the'Offer and their respective interest in the Property.In the event of a breach,any forbearance-on.the part of • Document Number: 20156003.83686 Pap:: 8 of 179 1038 . . . . . . . any.Such..party to enforce the terms and Provisions:hereof h1l.not be'deemed a waiver of enforcement rights regarding any subsequent breach. 6, TAXES ANDASSESSMENTS, Grantor agrees 10 pay or dauSe.to be paid all real property'taxes and assessments levied or assessed against..the Property until such time as this Offer is accepted. It is intended that this Offer and.the use restrictions contained herein shall. :Constitute enforceable restrictions within the. meaning of (a) Article. XIII, Section .of the California Constitution;.and (b) Section 402.1. ofthe CalifOrnia:.ReVentte.and Taxation Code or .stiecsessor statute,. Furthermore, this Offer and:its restrictions shall he deemed to constitute a servitude upon and burden.to:the Property 'within the meaning of Section 3712(d) of-the. California Revenue and Taxation Code,:or successor statute,which survives a sale:oftak,deeded • property. 7. SUCCESSORS AND ASSIGNS. The.terms, covenants, conditions, obligations and reservations contained in*this Offer shall he deemed covenants :conditions and restrictions running'with the land and shall be'binding upon and inure to'the benefit of Grantor,Grantee'and the successors and assigns of each,-whether voluntary or involuntary. 9. RIGHT'OF ENTRY.- The Commissiort,..any Grantee-accepting this Offer and their respective agents.may enter onto the Property at timesreasoriably acceptable to the Grantor. to ascertain whether the use restrictions set forth above are.being.Observed. 8. SEVERABILITY. If any'provision of this Offer is held to be invalid'or for any reason becomes unenforceable,110 other provision shall be thereby affected,or impaired. , ) • Document Number: 20151:$0383086 Pep,: 9 of 179 1039 [See following page for execution signattre] Executed,as of this dt day of .,2015. SHEA HOMES LIM1ThD PARTNERSHIP, A California Limited Partnership By: J.F. Shea,G.P. A Delaware general partnership • Its General Partner By: JFS Management,L.P. A Delaware limited partnership, Its General Partner By: J.F. Shea Construction Management,Inc., A California cori:ioration, Its Generad' er By: 111/1141.At Title:N. Fro 'ilia.' ' ViRcicebegrejs. er' 13y: Vander Me T. Asilstant Saintly [See following page for notary acknowledgments] Document Number: 20150190383686 Page: 10 of 179 1040 • . . • • • • • • 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, o'r. validity of that.docnment. • State of Califomia • County Of. Ufgy, • On . .. , before me, • 'Al lc& . , a Notary Public, personally appeared ffr #3• ". • . • .who proved to me on the basis of satisfactory evidence to be the erson .whose name(s)-is/.42 subscribed to the within instrument:and acktiOWledged to me.that.be/she/ttft eXecuted:the Saito lifs/her/theit.atittibriked capacity( s),and that by hisAter/their signature( ) on the instrument the person(s), or the entity upon behalf of which the persOn®acted,executed the instrument. 1 certify under PENALTY OF PERJIJRY under the laws of the State of California:that the foregoing paragraph is.tite and correct . . . . . ' JULIE.W. 160. WITNESS my hand and official seal •zloW. Commission tqapoti . .. Notary Public-&Werra& z Rivarside!CoUnty Signature; . 11(;U. (Seal) ComnxPkufl27M14 .. • • A notary publie or other officer completing this certificate verifies only.the-idolity.of-the individual who.signed'the document to'which this certificate is attached, and not the truthfitiness, accuracy, or validity atm:doer:Intent. • State.of California County of On , before Me; . , a Notary Public, personally appeared . 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 histher/their Signature(s) on the instriithent the person(s),. or the.entity upon behalf of which the person(s).acted,executed the'instrument. • . . certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph IS true and correct. WITNESS my hand and official seal. Signature • (Seal)• • Document Number: 20156:J0383'586 Peoe.:. 11 of 179 1041 This is to certify that the Irrevocable Offer to Dedicate:Fee Title for Public Infrastructure, Access and Recreation Prirposes and Declaration ofRestrictions set:forth above is,hereby acknowledged by the undersigned officer on behalf of the California:Coastal Commission pursuant to authotity:cOnferred by the California Coastal COnimission When it granted Coastal Development.Permit No. 5-11-068,on.October 11,2012;and Coastal Development Permit No: 541-068-Al on October 9,2013,and the California Coastal Commission consents to recordation thereof by its duly aUthorized OffiCer, Dated .,20:IC CALIFORNIA COASTAL COMMISSION • Karla Galvez; S Counsel • 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. • e• C-0`LAC°0-1N- COacjil tr* Fia w On 412-401S , before me,ItQc g-b311.1e,r: , a Notary Public, personally appeared 1(atorta., , who proved to me on the basis of satisfactory evidence to be the persOn(s) whose natne(s)ishire 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 siguature(s) on the instrument the person(s), or the entity upon behalf of.which the person(s)'acted,executed the.instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature. (Seal) JEFF.G STABEN M SontlisiWn.060811:44 N°SrFraunktOrifouctr411 . . Comm; km*15,2016 Document Number: 2015QQ0383686 Page: 12 of 179 1042 EXHIBIT A Legal Description and Graphic Depiction of Property 12393-0002\1519019v1.docDocument Number: 2015000383686 Page: 13 of 179 1 043 . . . Order sNuMber; 3163366-A. (tc.) Page Number; 7 • LEGAL.DESCRIPTION Rol propetty 1:11 the City.of Huntingtorf Bach,County of Orange,State i of..00ifornia,Oesceibed, as PARCEL 1: THOSE PORTIONS OF THOSE CERTAIN PARCELS:OF LAND HEREINAFTER DESIGNATED AS PARCEL A,PARCEL B AND PARCEL C PARTLY IN THE CITY.OF HUNTINGTON.BEACH,All WITHIN THE COUNTY OF ORANGE,STATE OF'CALIFORNIA CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA AS PARCEL.6e.PARCEL 7, PARCEL 8 AND PARCEL 9,BY CORPORATION QUITCLAIM DEED RECORDED FEBRUARY 22„.1974 IN BOOK 11080,.PAGE. 287.OF OFFICIAL RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: PARCEL A:. PARCEL 8 AND 9 OF SAID CORPORATIMOUITCIAIM DEED; PARCEL.B.: THAT PORTION OF PARCEL a AND.PARCEL 7 OF SAID CORPORATION 9UTTCLAIM.DEED.'LYING EASTERLY AND SOUTHEASTERLY OF THE FOLLOWING.DESCRIBED LINE: COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 6,SAID CORNER ALSO BEING A POINT ON THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LANO CONVEYED TOTHE ORANGE COUNTY FLOOD CONTROL DISTRICT BY GRANT DEED RECORDED OCTOBER11,1960 IN BOOK 5457, PAGE 298,OF.OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 6 COINCIDENT WITH SAID NORTHWESTERLY LINE S 630:40.21"W:15020 FEET TO THE POINT OF BEGINNING OF SAID DESCRIBED LINE,THENCE LEAVING SAID SOUTHEASTERLY LINE N 26°19'39"W 103.00 FEET; THENCE N 18°40'21"E 1947 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 4700,FEET,A RADIAL LINE TO SAID BEGINNING BEARS S 18°40'21"w;THENCE NORTHERLY ALONG SAID CURVE 93.35 FEET;THENCE LEAVING SAID CURVE ON A NON-TANGENT LINE N 26°19'39"W 103,18 FEET,.THENCE N 309.28'49"E 71,83 FEET TO THE NORTHERLY LINE OF SAID.PARCEL 7 AND THE POINT OF TERMINATION OF SAID DESCRIBED LINE. PARCEL c:: THAT poRiToN.OF PARCEL 6 AND PARCEL 7 OF SAID CORPORATION QUITCLAIM DEED LYING: EASTERLY AND SOUTHEASTERLY OFTHE FOLLOWING DESCRIBED LINE: COMMENCING AT THEMOST EASTERLY CORNER OF SAID PARCEL 6,SAID CORNER ALSO BEING A POINION.THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT BY GRANT DEED RECORDED OCTOBER 11, 1960 IN BOOK 5457,PAGE 298,OF OFFICIAL RECORDS OF SAID.COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE'OFSAID PARCEL 6 COINCIDENT WITH SAID NORTHWESTERLY LINE S 63°40'21"W 686.50•FEET TO THE POINT OF BEGINNING OF SAID DESCRIBED.LINE,THENCE LEAVING SAID SOUTHEASTERLY LINEN 26° 19'39"W 95.04 FEET; THENCE N 18°07'02"E 23145 FEET;THENCE N 29°37'43"E 37.58 FEET;THENCE N 57°36' 46"E 150.89 FEET;THENCE N 44°49'05"E 172,30 FEET;THENCE N 32°52 32" E 46:36 FEET first Amer/cap Title Document Number: 2015000383686 Page:. 14 of 179 1044 Order Number: 3163366-A (Le) Page Number: 8 TO THE NORTHERLY LINE OF SAID PARCEL 7 AND THE POINT OF TERMINATION OF SAID DESCRIBED LINE. EXCEPTING THEREFROM PARCEL B AS DESCRIBED ABOVE ALSO EXCEPTING FROM PARCELS A,B:AND C AS DESCRIBED ABOVE,ALL OIL,GAS HYDROCARBONS AND MINERALS OF EVERY KIND AND CHARACTER IN OR UNDER SAID LAND AND SUCH WHICH MAY BE PRODUCED FROM SAID LANDS TOGETHER WITH THE RIGHT TO DRILL INTO AND EXTRACT THE SAME FROM ALL SAID LANDS BUT WITH NO RIGHT TO USE OF ANY PORTION OF SAID LANDS ABOVE A PLANE FIVE HUNDRED(500)FEET BELOW THE SURFACE OF SAID LANDS FORTHE PRODUCTION OF SAID OIL, GAS,HYDROCARBONS AND MINERALS AS CONTAINED IN THE DEED RECORDED FEBRUARY 22, 1974 IN BOOK 11080,PAGE 787 OF OFFICIAL RECORDS, NOTE ALL SLIFtFACE;RIGHTS TO A DEPTH OF,600.FEET AMINO FROM THE PURCHASE AGREEMENT*ESCROW INSTRUCTIONS DATED FEBRUARY 1.5, 1974;WERE QUITCLAIMED BY DOCUMENT RECORDED:SEPTEMBER 19, 1996 AS INSTRUMENT NO. 19960479180 OF OFFICIAL RECORDS. PARCEL 2: A EASEMENT FOR'DRAINAGE PER THE TERMS OF THAT CERTAIN DRAINAGE EASEMENT AGREEMENT RECORDED SEPTEMBEk 19,.1996 AS INSTRUMENT NO. 19960479185 OF OFFICIAL RECORDS,ORANGE COUNT(CALIFORNIA. APN: 110-016+19 and 110-016-20 and 1.10-0.6723 First American Title Document Number: 2015000383686 Page: 1 of 179 1 045 • " • . . . . . . . .. . .. . ,, . .• .. „ . . . . . . EXHI,..,,.,BIT 'A' SHEET 1 OF 1 IN IH•E•.0i7Y1-.1F HUNT:004*60ACII.•1601)147Y.OF O40.9161E.STATE.Of CALIF961t,VA INDEX MAP • .v . • TRACT H . 5190... MIK gts/ ?.o-ga. ._ ..... ..____............_. — - ._.. .* t \ .....\ .. ' LEGEND ,.... M . .. i) \ ......--i,wEkcci pRorgry.191766.7,T MO PER ' • *RiSIRUANT MURDER 199g4nfoi RECORDED DEMMER•19, 1996 OR. • • . .1 ' \ • -,------—.UHOERMIC PROPERTY cCRPORA1101 QVIT6LAII:OFID.0006.11060;FACE 28? 66C6R9E0I6t641140.g.1974,O.R. 01 -- •,- —-cafTERiait ts- T tc$ a)• \• • cu 1-7 0:1 .$3: :Hi \ .' • vt. . \ IX. ..,1- h. .1, .. \ il:. IP Ni i:iloii. 0o. P. \ . - PARCEL A •(.4 \\. •.•1,7., • \. • • sfc.v: \ c!,,, .. % 0 .t.90 . • 0, -,.....„ _, \ -4•%,1 la . :-• "P"V. :Nat.:No. -1.1.39804mo o.A. '... •0.0 • 0, . • 02;', \ ..... ii• I PARCEL.9 ' \ <4;z4Ewl to(t) P3 T 9 SURVEYORS STATEMENT: \ c..;-.... ...,...-i THS um.1%, PARED , E •U lot IRREC000: v.rti -0\ • 4) •• . .•.:C A . ,,• •• , ' & .- I) \ • P4.*XE 14/92 iii-- 11% . .I-- 'P.. LEST ;.a..t s-0.-5.re3-- —-CATE.- • 0 • 1.a . . • . . • 06°.\ 5 . • ......_.--\4. • . „.. . 1\. • o\, ' .,.t i• 4960 .1 67 0.P. \ -1, .. \ 1...... , . , ., . _ .13015A MICA STREET 7----.----%--t :7- - 'i'S*P .., . . ., • r ; TRACT No_15754 rk .rr 4\ -`'0,5,1 - vQ. • . Mil 797/40-42 TRACT! No.f70341 4c- \ LOS PATOS I , • ; Ai i •' OA.1 ., i M.N.690/51 8-41 ! .'""t 9 •Vo 170? AWNUE , i -/.27,. 36' • • • • -• e..100/5,HEA‘EXRDX`4ti4emerne.,EDW.Ad.y•• Document Number: 2015000383686 Page: 16 of 179 . . . . . 1046 EXHIBIT B Adopted Findings for COP 5-1.1-068 And NOtice of Intent to Issue Amended Permit dated 11/13/14 ; . . . „ . Document Number: 2015000383.686 Page: 17 of 179 1 047 • ,STATE OF CAL1F01:111A—NATURAL RESOURCE,1 AGEPCY Edmund 0,Brown.Jr..Governor • CALIFORNIA.COASTAL COMMISSION Remand: South Cnast,Area Mon 1800 Day N/A 200 Orteungte,Snite 1006 Staff: M.Vaughn-LB kqjt, Lapg Bad,CA90802-4302 (562)590-5071 Th 20a Staff Report: 9/20/12 Haring Date: 10/.11/12 Commission Action: 10/1:1/12 •ADOPTED FINDINGS STAFF REPORT! REGULAR CALENDAR - Application Number: 5-11-96$ • Applicant Shea Homes..(John Vander Velde) • • Agent: Nancy Lucast,Steve Kaufinan Project Location: Vacant 5.0:acre area at 17301 graham Street(west of Graham Street. north of Wintersburg Channel),Huntington l3each,Orange County Project Description: Subdivision resulting in the creation of 111 residential lots,additional lots forroads,conservation,public access and public park areas; construction of 111 single family homes and related infrastructure, and construction.of public active park;passive park;paseo park, • nubile aecess-trails;natural treatment System,habitat restoration,new storm drain system,new pump facility.at the Slater storm Water pump station,improvements to the flood control channel levee;flood protection feature;replace sewer pump,and new sewer foree-inain, • (APNs 110-01649.and 110-016-26,and 1 tO-Ol 6-23). Staff Recommendation: Approval,with Conditions • • SUMMARY OF STAFF RECOMMENDATION: Commission staff is recommending APPROVAL of the proposed project with 27 Special Conditions necessary to assure that public access is Maximized,environmentally sensitive habitats and wetlands are protected,the,public benefits of the Project occur propose;t hazards,are minimized;oultnral:reiourees are protected;water quality is proteeted. The applicant is in agreement with the staff recommendation. The motion to accomplish the staff recommendation is found on page 11. - • • Document Number: 2015000383086 Page: 1E3 of 179 1048 . . 5-11-068(Shea Homes/Parkside) Adopted Findings • Staffnote , • • . . The hearing on this application Was.continited from the June 2012 Commission meeting'in i order•to allow staff time toexplore resolution of any.outstanding Coastal Act violations on the project site. • Staff•worked.clOsely with Shea Homes to reach of these matters and.proposed•such resolution to the Commission for approval at the September 20.12Commission mepting.After a public hearing on the matter;the Commission issued Consent Cease and Desist Order OCC-12,CD= 10 and consent Restoration Order CcC-12-RO,10 as proposed by staff to resolve.Coastal Act violations that occurred on the project site consisting of fill of the wetland known as the EPA Wetland and fill of a portion of the wetland know As the CP wetland,as well as adjacent areas, Under the terms-of the Consent Orders,Shea Botha has agreed to resolve CoastalAet violations•,• including resolving monetary claims under the Coastal -by;amongst other things,restoring the areas subject to the development and providing wetland restoration work and funding. that wilidirectly benefit wetlands on and in thevicinity of the site. • EXECUTIVE SUMMARY The Commission considered the applicant's proposed development at its October 2011 hearing,. • resulting in'the COnmaission's denial ate proposed project. Subsequent to the:denial;the applicant filed suit against the Commission for denying its application, The applicant and the Commission settled the.lawsuit,resulting'in astipulated remand filed with the Superior Court of . California for Orange aunty on Mardi 2,2012. The Stipulated'remand vacated and set aside the , Commission's October 2011 action on the proposed development and required the Commission to schedule the matter for a new hearing,Additionally,the remand required Conainissionstaff to make • the same recommendation of approval with conditions that it had Made in connection with the October 6,2011 hearing,on the.sUbject application,and to'apply the-Coastal Act arid the City's certified Local Coastal Program to the Parkside Estates Property, The stipulated remand provided, however,that the Commission retains full discretion provided under the Coastal Act and the City's . certified Local Coastal Program to take any action pursuant to its legal authority,. During Commission deliberations on this,matter at the October 2011 bearing,discussion focused primarily on five issues:the extentand history Ofwetiandi at.tha.site;.flood protecition;the extent and impacts of excavation and dewatering proposed at the site.;appropriate site density and housing type;and unpermitted development Following is.a summary of each of these issues, • Wetlands • The Huntington Beach certified LCP contains a standard for when an area iS considered,to be a wetland and states,:hl pertinent part,that if an area's water table is at,near or above the land surface . long enough to promote the formation of hydric soils or to support the growth of hydrbphytes,,then that area constitutes wetland. Essentially,if an area is wet enough long enough,it is characterized as wetland, Based on all information prepared and reviewed for the subject site,the area designated for residential and related development,is ilotwet enough,long:enoughto promote either the formation of hydric soils or to support the groWth of hydrophytes; The City's certified LCP 2 Document Number: 20150003.83086 Page.:. 9 of 179 1049 . . .5-11-068:.(Shea:ilomes/Parkside) Adopted Findings. standard.for wetlands is the samestandard used in Section 30121 of the Coastal Act and Section 13577(b)(1.)of the ConatilissiOn'S Regulations, Thlis,the..area designated.and prop.osedfor residential and related development does not:meet arty:one of the possible three tests for wetlands: hydrology„vegetatibn;or soils. • Historically;the project site was part of the extensiveEelsa•ch,ica wetlands system and the.Santa Ana lUver/Bolsa-Chica complex, However,beginning in the 1890s.develepinent began to impede the site's wetland functions withinthose:systems. .Stichdevelopmentitibluded construction of'a . darn:and tidegateS:in the 1890s and the introduction of agricultural uses(including agricultural ditches)in the 1930s.. InadditiOn*.conStruCtionethe East Garden Grove-W.intersburg Flood Control Channel(E00WPCC)•in 1959. isolated the site hydrologically from:the Bolsa Chica System, Notethelessi WetlandspetSisted on the site'even with these alterations. There ate wetland areas on the site outsidethe proposed residential development area that • are proposed to be proteCted and restored as part of the development plan, During the Commission's review and deliberations•on the City of Huntington Tleach's Local Coastal Program amendnientforthe Si%these Paine;eke knoWn as the'EPA% 'AT and`CP'Wetland areas:, EXtensive doCurnentation.addressing the extent arid location pf vvetlarids atthe.site has been prepared in conjunction with the proposed developments first during the LCP amendment process- _ and.no*with the coastal development permit application Updated Wetland delineations dated 'September 1,2009 and April 20,201.2have been prepared by the applicant's biologist,Tony . Ronikamp of Glenn Lulsos Associates. In.addition,the staff ecologist has reviewed historical •information regarding the subject site and surrounding.area,all previously submitted biological•and wetland information,.as well.as recent aerial photos and.rainfall patterns for the entire site. A. complete list of all documents reviewed by the staff ecologist in.conjunction With:thit project is. • included:in Attaeliiiient A. The•CetruiliSSion'S staff ecologist finds the applicant'abiOlogiCal consultant's claim that areas previously identified as wetland do not constitute wetlands isa moot point as these areas are nonetheless proposed for restoration and preservation in the applicant's Habitat Management Plan, No new evidence has been submitted•to support the suggestion of the presence ofWetlands•itt areas other than thoseretognized in the proposed Habitat.Managerneilf Plan and proposed for preservation and.restoration. At the Conimission's October hearing on this application a picture. Was shown of a bulldozer stuck in mud. The area that was shown in the photo is within the area proposed for restorations and preservation in the.applicant's proposed Habitat Management Plan:. All wetlands and all necessary buffer areas are located within land that has an LUP designation of Open Space Conservation and zoned Coastal Conservation in the certified LCP. These areas are. proposed to be preserved and restored under the proposed coastal development permit.application„ Flooding • • As stated above,the subject site'was once part of the extensive SantaAnaRiver/Bolsa Chica complex. Historically;the site WaSpart of the flood but the pre-Coastal Act construction of a 3 • • Document Number: 2015000383686 Paoo:.20 of 179 1050 • • 5-11-068 (Shea Homes/Parkside) - Adopted Findings .• dam arid tidegates.among other things have effectively removed the site from.functioning-as a flood plain. Floodplain High tides combined with storm surge will create tidal flooding across the Site. However,itis also important to note that the neighborhood immediately north of the subject site and additional areas inland of the subject site are Iodated within the flood path and are at lower elevations than the subject site: Thus,the.subjeet site would not retain flood Waters and will not function as a protective flood plain: in a worst ease flooding scenario(high tide,storm surge,and failure of the lower reaches of the levees),up to 170 acres Of inland developed area would be flooded under current site conditions. ' The path the tidal flooding would follow unavoidably crosses the subject site. The area in the southwest corner of the site between the flood control channel andthe bluff provides a relatively narrow area within which construction of a barrier would allow the,flooding to be captured and contained. Construction of proposed"vegetated flood protection feature"(VFPF)within this narrow area between the two higher!elevation,areas(levee and bluff)presents the only feasible option for adequately insuring protection of the inland 179 acres of existing deVelopMent. Protection of the.inland 170 acres.would also protect the 50 acre subject site from flooding. Regardless of whether the subject site is developed,the inland 170 acres of existing development needs to be protected from flood hazard Theoretically, a flood control assessment district could be formed to provide flood protection for the subject site and surrounding area. However,the owners of the surrounding affected properties.are not co-applicants in the current application and therefore flood control alternatives involving development on the surrounding properties are not before the Commission, Alternatively,the proposed VFPF could be.constructed by the Orange County Flood Control District(0CFCD)which serves the subject area. However,there is:currently no,plan or funding in place for the County flood control district to undertake the projeet. The OCPCD has endorsed the proposed VFPF, See exhibit 24 for an email from Prange County Public Works.— Flood Control Design regarding the need for the VFPF for areas inland of the subject site. See exhibit 25 for a letter from the City of Huntington Beach Director of Public Works regarding the need for the VFPF, • VFPF Location A suggestion raided at the October 201 lcomrnisSion meeting was that'a flood protection feature could be constructed along the northern border of the site Such a structure Would need to be over 1,500 feet long,bringing its feasibility into question. Moreover,unless the structure is also extended along the northeast property line as well as extended approximately 360 feet along the eastern property line,the structure would not stop inland flooding. Finally,and most importantly, such a structure would need to be constructed within ESHA in order to tie into the bluff at the - westerly side of the property. Thus,this alternative structure would not be the least environmentally damaging,feasible alternative, 4 Document Number: 2015000383086 Page: 21 of 179 • 1051 . . •.5-11-068(Shea Hornes/Paricaide) Adopted Findings. The proposed location.of the VFPF avoids direct impacts to ESHA,wetlands;and buffers. It also involves the least encroachment into ESHA buffers. Finally,it avoids impacts to archeological resources. Considering all these factors,the proposed location was selected as the least environmentally damaging feasible alternative. CLOMR. At the()etcher 2011.hearing;it was suggested that the flood protection benefits lóftheproposed project are overstated or untrue.because FEMA's•ConclitiOnal Letter of Map Revision(CLOMR)is no longer valid. The arguirientpreserited at the.hearing was that the CLOMItpredates the 2009 flood maps for the area,yet the flood Map waS.not revised to remove the inland area from the flood map, If the CLOMP.were valid,according to the argument;the inland area would have been *removed fromithe map when it was updated in 2009. • According to FEMA,"A Conditional.Letter of Map ReViSiOh (CLOMR) is FEMAts comment on 4 proposed project that would upon Construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory flOodway,the effective Base Flood-Elevations:(BF:Es); or the Special.noo.1fcgarcArea(SPHA): The letter does not revise an effeetiVe.IMP map, it indicates whether the profect;if built as proposed, would be •recognized by EgmA. Once a project has been completed, the community must request a revision to the Flood Insurance Rate Map(FIRM) tb reflect the projCct.. ".As-built".CektiliCation and othei data must be„submitted to support the revision request."[emphaSis added] Further,in a letter.dated October 6,.2011.,FEIvIA states that.the.CLOMR.in question.remains FEMA's October 6,'2011 letter is attaehed:as•exhibit 20. Groundwater„Excavation:&Eiewaterint The site.is susceptible.to liquefaction during.amajorearthquake,In addition;the presence of peat could leadlet Settlement problems because organic materials such as peat are subject to decay and Volume loss.with time. Although organic Materials sUCh•as peat are part of the Make up of on-site soils,significant deposits are not present and organic Material is not a factor driving the need for overexcavation/redOtripactiOri of the Site's soils. Peat is an indieator of wetland soils. However,the presence of peat in this case does not indicate the Presence of wetlands because the peat is located at depths beneath which wetlands exist To mitigate the liquefaction and settlement issues, overexcavation,recompacton and dewatering are proposed to aisure stability of the subject site and suri-ounding area: •- • The applicant has proposed"slotexcaVations"Where a.limited amount of area would be excavated • at a time. These"slots"would be excavated to a depth of approximately 1.0 feet,the soils spread out in areas designated.for residential development to dry over an approximately 3,5 day period, removing unsuitable material',and then refilling the slot with the dried material and additional clean fill. As'one slot is closed;the adjacent area will'be opened. 1 The unsuitable fill material will be stockpiled on site for use in common landscape areas. 5 Document Number: 2015000383686 Page:.22 of 179 1 052 . . • ••• •• ••• .- • . . . • • • , 5-11-068(Shea.Homes/Parkside) • Adopted Findings Concerns have been expressed that the proposed:.overexcavation,recompaction and dewatering may endanger existing nearby development The concern is that as the:subject site is&Watered',the groundwater levels, just at the subject site,but potentially under the existing residential - development immediately north of the site could also drop;resulting in settlement of existing development However,settlement in the adjacent neighborhood to the north is not expected as a. result of the proposed ov.erexcavation,recompaction,and dewateritig process. PacifieSoils, Engineering(PSE)has monitored groundwater at the project site since 19992., Based On this monitoring;the drawdown elevation is less'than recorded historic,lOws:that.vecur regardless of activity on the subject site, Nevertheless,Special Condition 26 requires that the northern property line be closely monitored,arid if the:.:rnonitoring,reveals that drawdown to-8 feet(Mean Sea Level National Agency Vertical Datum 138(MSL NAVD 88))has occurred along the northern property line•otto 4.9 feet at the southeast corner of the site and/or if'1/4.inch of subsidence occurs atthe• • northern prOpertyfine, all grdiindWaterpumping•must.dease immediately.and the preparation of a mitigation plan that must be approved by the Commission through a subsequent permit amendment In April 2012;the applicant installed nine benchmark monuments along the northern property line and one benchmark monument in the southeast corner of the site(near Graham Street and the • EOGW flood control channel)determine a baseline elevation prior to beginning any excavation or dewatering work at the Site. ,. • Due to the:subject site's elevation'range from 1..9 feet(MSL NOD)to 4,4 feet(MSI.,NAVD),the. above described site excavations Will extend below sea level,making dewatering operations. nedessary. The groundwater that will be dewatered during construction is both the perched water in• the upper sediments,as well.as the deeper waters that have been traplced below this site since 4 999; ' varying seasonally in elevation from as high as 0 to as low as.inintis 23. The proposed dewatering has been addressed in numerous Pacific Soils Engineering.(P8E)reports which conclude that. drawdown during:construction will be within histotic fhIctuationS;.thus;no new settlement response is expected. During the hearing on this tnatterin October 2011; a report was-cited.as a basis to suggest that groundwater drawdown levels of the PSE report may not be adcurate, The May 20,2010 report prepared by Huslunand Associates,Inc. (HAT report)did not study the Troposed project site, The preparer of the report,in a letter dated 10/3/1 I (exhibit 21),states that the report was not intended to • And should not be used to evaluate development proposed at the subject site; The PSE report._ however,did specifically study the subject site over the course of more than ten-years. The • Commission's staff engineer has reviewed the PE report(s)and concurs with the.conclusions contained therein. The proposed overexcavetion;recompaction,and dewatering is not expected to result in settlement of the adjacent neighborhood. Though settlement is not anticipated, Special Condition 26 requires monitoring for settlement and Measures to avoid adverse impacts caused by settlement. Density . Concerns regarding appropriate'density and product type have been 'regarding the proposed project. More'specifieally,questions were raised.regarding whether a higher density,more compact 2 This period of monitoring:includes periods ofunusiially.high rainfall and periods of unusually lnw rainfall. 6. Document Number: 2015000383686 Page: 23.0f 179 1053 . . . . . . . 5-11-068 (Shea Horneo/Parkeide) Adopted Findings product type Might tie appropriate for the subject site:, The developable area of the sUbject site:was determined based on the preSenceof Wetlands;ESHA, and necessary buffer areas. Also considered in determining the developable area was the need to . minimize hazards,promote public access,preserve cultural resources,and promote water quality,as described it greater detail in the body of this report, Based on these considerations;the eastern portion of the site was determined to be developable for the proposed residential and associated uses.. • When the Commission approved the land use planamendmentfor the subject site it did so with:a suggested modification that allowed the City to apply either then(Residential.Low,maximum of 7 units per net acre):or the RM(Residential Medium,from 7 to a maximum of 15 units per net acre) designation,to the265.acre developable portion of the site. The intent of allowing a higher density at the.site was,in part;to provide the option of coneentrating development consistent with Section 30250 of the Coastal Act which ericentageS residential development to be concentrated in areas able to accommodate it, However,the option to designate the eastern,developable portion of the site for low density development was also offered Ultimately,the City chose to certify the developable portion of the site with a low density designation,consistent with the Commission's range Of options. Under the low density residential designation(up to 7 units per acre),up to 185 units are allowed within the developable;residentially zoned area. The proposed project includes Ill single family residences. This density is preferred by the City for this area of the City and specifically the project Site, Recently,the City and Commission approved an update to the,City's Downtown Specific Plan(DSP). The DSP covers the area inland from the City's pier surrounding Main Street The approved Downtown Specific Plan update(101B-MA.1:1-10,approved by the Commission on lune..15,2011).increased the-density in portions of the DSP area: The City preferred the increased density in this.area because it is a mixed use area(cornmereial,office,residential),served by alternate modes of transpettatiOn. The City feels that because the subject:site does not offer the same oppOrtrinitia,the higher deriSityiS not appropriate here. • UnperMitted Development • As noted above,the question of the unpermitted.development was heard by the Commission at the September 2012 Commission meeting After apublie hearing on the matter,the Commission issued Consent Cease and Desist Order CCC,12-CD-10 and Consent Restoration Order CCC-12-R0-10 as proposed by staff to resolve Coastal Act violations that occurred on the project site consisting of fill of the wetland known as the EPA Wetland.and fill of a portion of the wetland know as the CP wetland,as well as adjacent areas.Under the terms ate Consent Orders,Shea Homes has agreed to resolve Coastal Act violations-including resolving monetary claims under the Coastal Act by, amongst other things,restoring the areas subject to the unpermitted development and providing wetland restoration work and funding that will directly benefit wetlands on and in the vicinity of the . . site. • 7 Document Number: 2015000383686 Page: 24 of 179 ' 1 054 • 5.-1.1-008 (Shea.Homes/Parkside). . Adopted Finding TABLE OF CONTENTS I. MOTIONS : : - 9 IL STANDARD • CONDITIONS : .10 III. SPtCIAL • CONDITIONS: .10 IV. ANDINQS AND • DECLARATIONS . , . 35 A. Project Description . • • . 35 B. Project Location, Site Description,.&History . . . 41 Q. Permit&LC13,History of the Site 42 D. Standard of Review • • • 43- E. Public Access • •, .44 F.. Wetlands,ESHA&Habitat G. COltnral Resources ,•73: H. Hazard. : : • .84 Water Quality ' ; • - •;97 J. Density. • ••. , • ..100 K. Unpermitted Deyelopment • • . : 101 L. Local Coastal Program , 102 M. California Environmental Quality Act , . 103 • APPENDICES • A. Substantive Pile Documents B. Documents Reviewed by Staff Ecologist in Conjunction with Project • LIST OF EXHIBITS - vicinity Map. 2. Location Map 3.. Approved Land Use Designations per BNB',CPA 1-06. 4.: ColoredLet Exhibit' •5, Proposed Public Access Plan 6. Proposed HMP Restoration Plan,ReVised September 2011 7. Subject Site Relative to.BCE .&Brightwater 8. Proposed:TTM 15177 • 9. Proposed TTM 15419 10. Existing Parcel Configuration 1.1. Proposed Privacy/Security Wall Adjacent to Levee Trail 12. Proposed Public Access During Construction 8 Document Number: 2015000383686 Pege: 25 of 179 1055' . . . . . 5•-11-0.68:(Shea Homes/Parkside) Adopted Findings • 13. . Huntington Beach Letter Indicating WillingnesS to Accept Parks and NTS in Fee arid Trail Easement Dedications 14. Huntington Beach Fire Departnierit Merno Re Fuel Modification 15. Orange.County Parks Letter Re Levee Trail. 10, Orange County Public Works AIC for:V.FPF and Levee Upgrades 17. Orange County Public Works Letter Re Willingness to Accept.VFPF 1 S. LSA Letter:Re Review of Proposed Landscape Plan.Plaut Palette 19. Proposed Lot/Housing InforinatiOn Matrix .20, . MVIA Letter Re Validity of CLOMR, 0/6/11 HAI letter, 10/3/11 . 22, Orange County Water District letter;5/15/12 23. Shea Homes letter,5/17/12,with Remedial Grading aliibits 24.. Email Correspondence frOin the Cetitity of Orange Regarding the VFPF • 25. Letter from the City of Huntington Beach Regarding the VFPF 26, Letter from the Bolsa Chica Land Trust:6/3/12 27: AppliCarifs Response to the BCLT 6/3112 Letter MOTION AND REgOLUTION • Motion: I move that the Commission approveCoastal:De velopment Permit No..541-068 pursuant to the$taffrecommendation. Staff recommends a YES vote: Passage of this motion will result in approval Of the permit as conditioned and adoption of the following resolution and findings The motion passes Onlyby affirmative vote of a majority of the Commissioners presents' ' Resolution: . • The.COMMiaSiOn hereby approves a coaStal developinentpetnrit for theproposed development:and adopts the findings set forth below on grounds that the development as Conditioned will be in conformity with the.policies of Chapter 3'of the Coastal Act and will not prejudice the ability of the focal government having jurisdiction over the area to prepare Local Coastal Program conforming td.theptioViSiOns of Chapter 3. Approval of the permit doniplies with the California Environmental Quality Act because either 1)feasible mitigation measures and/or.alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment,or 2)there are no further feasible mitigation measures or alternatives that would. substantially lessen any significant adverse impacts of the development on the environment. • 9 Document Number: 2015000383686 Page: 26 of 179 1 056 • 5-11-058 (Shea Homes/Parkside) Adopted Findings • IL STANDARD CONDITIONS This permit is granted snbjectto the following standard conditions: 1. Notice of Receipt and AdknoWledgMent. The permit is not valid and development shall not commence until a.copy of the permit,signed by the permittee or authorizedagent, acknowledging receipt of the permit and acceptance of the terms and conditions,is returned to the.OotrunisSion office. 2. ExPitation, If cloyelOprnenthas not commenced,the permit will expire two•years'fiom the date on which the Commission voted On theapplicatiOri Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. • 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. • 4. • Assignment The permit may be:assigned to any qualified person,provided assignee files with the Commission an,affidavit accepting all rths termsand conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be.perpetual,and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions, SPECIAL CONDITIONS 1. OPEN SPACE CONSERVATION AREA RESTRICTION A. No development,as defined in Section 30106 of the Coastal Act,shall,occur within the land that: is land t180 designated Open Space Conservation and zoned Coastal Conservation except 1:. Habitat creation and restoration(described in the document titled Habitat Management Plan,Parks*Estates,'prepared by LSA Associates,Inc.,for Shea Homes,dated September 2011 as revised by the conditions of this permit,within Lot A,14I'M 1541,9;and Lots 4 AA,BB,and CC of WM 15377,which lands arc generally,but not fully depicted in Exhibit 4; 2. Construction of the vegetated flood,protect*feature(VFPF)within Lot Y(only as approved by this permit and:consistent with the geotechnical plans that incorporate the provisions of protection of the archaeological resources. 3. Construction of the Water Quality Natural Treatment System within Lot X(only as approved by this pemiit and as depicted in.the Water Quality Management Plan for Parkside Estates,prepared by Hunsaker&Associates,dated September 11, 2009,and, on plans titled Rough Grading Plan for Tentative Ty4ct 15377& Tentative Tract 15419,prepared by Hosaker&.Associates,and dated 9/19/2011)); • 1.0 Document Number: 2015000383686 Page: 27 of 179 1057 . . . . . . . . . . . . . . . . . . . 5-1.1',008 (Shea Homes/Peficside) Adopted Findings 4. Passive Park Within...4ot S(only as approved by this pennitand as depicted on plans titled kough Grading Plan Tentativetiact 15371.4 Tentative Tract. preparedby.Hunsaker. AssoCiates,and dated 9/19/2011); S. Grading(only as approved by tins permit); .0. Public access:trail and aSsociated appurtenances and public access and interpretive signage(only as.approved by this permit)vai#1; • 7. Maintenance and:repair netiVities.pursuant to and in conjunction with the management and Maintenance.of the}Imp described in Al above: .8. The HIVIP.as proposed.and as conditioned,addresses the need for fuel modification by the types and locations of vegetation to be established. As. •approved by the City of Huntington Beach Eire Department,thelIMP-states.that vegetationrenieval.for fuel modification is not required. Vegetation removal for fuel modification within the liMP area is not a.part of this.coastal development • permit and Is prohibited. The following additional deVe.19PIPPI4 In'Y be allowed in area land nsedesignatecl Open Space Conservation and On Coastal:Conservation sUbjeCt to approval by the Coastal Commission dart tunendirient.tO,this.Pellnit-or a new coastal development permit(unless the • Executive Director determines that none is'legally required): 1. Habitat creation and restorationbeyondthat described in the approved final liMP;. . 2. Maintenance,repair and upgrade of watei,quality Managoinent,structures and drains;. 3, Minor maintenance and repair of the approved Vegetated Flood Protection.Featore consistent:with the•approved VFPF:plan; . 4 Public access.and recreation itriproVementS that do net.interfere with the habitat-Or habitat buffer areas. , C. The Area land Use designated Open Space Conservation and zoned Coastal Conservation shall be. maintained in accordance with.this coastal development pepnit and the approv.edfinal EMP.. • • 2.. HABITAT MANAGEMENT PLAN A. PRIOR.To ISSUANCE oy THE coASTAIADE:MbrgENT PERMIT,theapplicant shall submit,for the review and approval of Executive Director,a revised Habitat Management Plan that incorporates the following changes 1) Eliminates any fencing and/or gate(S).that interfere with public use of the Vista Point trail across the entire length of the top of the vegetated flood protection feature(YFPF). Any reference to such fencing and/or.gate(s)shall be eliminated from the HMIP. Figures 1-4,4-1„6-1,6-2,7-1 shall be replaced with figures that delete such fencing and/or gate®across the top of the WPF Vista Point trail; 2) On page 4-17 and page 6-17 delete the sentenoq."gpmpdial.mp'asqtes will be developed in consultation with CCC staff and approved by the.Executive Director prior to implernentation.". 3) Replace the deleted sentence on page 4-17 and page 6-1 Twith the following sentence:"Remedial measures shall require an amendment to this coastal-development permit unless the Executive.Director determines that none is legally required." 4) Requires all quantitative sampling to be based on spatially stratified,.randomly placed sampling units; 5) In Appendix A(Maintenance and Monitoring Schedtile),replace the term"long-term maintenance plan"with"long-term management plan." 6) Revise theaMP to incorporate the restoration activities described in Section 4:2A Of Consent Cease and Desist.Order No.CCC-.12-CD-10 and.Consent.Restoration.Order No:CCC-12-RO-.10 issued by the Commission on September 13,2012.. 1.1 Document Number: 2015000383686 Page:.28 of 179 1058 • 5-11-068(Shea Hornes/Paricsidp) • Adopted Findings. • B. The applicant shall implement all-wetland and habitatcreation,restoration,•conservation,maintenance and management,as proposed and described in the document titled Habitat Management Plan,.ParlcSide Estates; • prepared tiy. 1,..iSAAsseciateS,,Inc.,„for Shea Homes,revised September2011 and as revised by the conditions of this permit-. Any proposed changes to the approved plan shall be reported to the Executive Direetor. No changes to the approved plan shall occur without a Coastal commission appioved amendment to this:Coastal: deVelopinent.periniior approved coastal:development permit unless the E)ceoutive Director deterniines that pope is legally required. • . . c. Consistent with the proposed Habitat Management Plan,all areas on the subject site within the land use .designation Open Space Conservation and zoned Coastal'Conservation,shall be managed and Maintained in • perpetuity an follows: Lot No, T:T$p, Area(acres) Maintained By Open Space, . • :110A . Lot A Wetland,:Southern 4,8 TIM 15419 , Eucalyptus:ESHA,wetlaud • and habitat restoration S passive Park • 0.57 • •1-10A antlCitp ' • TM15377 , Z Restoration/Creation 4 110A • TIM15377 - AP/EPA Wetland Restoration/Creation HOA TTM15377 AP/EPA Wetland, Week area surrounding • AWEPA Wetland(Lot Z): l3)3?$ Restoration/Creation 3.7 HOA TTM 15377 'AP/EPA Wetland,. • .1•1o#hernBuealyptus ESIIA; buffer area,and restored, habitat Cc* Open Space—Northern 0.4 HOA - TTM 15371 •pOrtion of northern. Eucalyptus Grove ESHA • and Retention of making • informal trail along western • end of northern property • line • •••• Y VFPF(itioludes Vista Point 1.5 . HOA.—trail and TTM:15377 trail) landscaping maintenance; • • COunty.,all other Y,FPF maintenance. X. NTS 1.6 . City TTM 15377 • 12 • Document Number: 201.5000383686 Page: 29 of 179 1059 541-068 (Shea HorneS/Parkside) Adopted Findings' D. All planting described in the approved Habitat Plan shall be complete prior to issuance of any certificate of occupancy for any residence. On-going management of the habitat, including maintenance and monitoring;shall continue in perpetuity as described in the approved final,Habitat Management Plan(titled' Habitat Management Plan,Parks*Estates,prepared by LSA Associates,Inc.,for Shea Homes;dated September 2011 as reViSed by the conditions of this permit). E. The pennittee shall Undertalce development in accordance with the approved fmal plans. As in:all cases,the ongoing management of the area that is subject to the Habitat Management Plan(HMP) continues to apply to successors in interest;including purchasers of individual residential,lots, consistent with the requirements Of the:HerneoWnerS ASsociatiOn proposed in.conjunction with the OpproVal Of the ParkSideESteteS developirient]approVed hi this permit. 3.. PUBLIC AMENITIES&TRAIL MANAGE1VIENT,PLA14 PRIOR TO ISSUANCE OF THE COASTAL DEW LOPMENT PERMIT;the applicant shall submit, for the review and approval of tbeE7tecutive:Director,a Public Amenities end Trail Management Plan that includes,but is not limited to! • A. Public Amenities&Trails Provided At a minimum;public amenities and uses shall.be provided aS listed below: • • •Lot No. Use . Dedicated to Maintained.By. Conveyed via. Area. (acres) Offer to A Active Park City in fee HOA and City ' Dedicate 1 Acre TTM (OTD) fee to 1537/7 Pity; • .dedication en tract map B Sewer Lilt City in fee City - OTD in fee to 0.04 Acre TTM 'Station; City for sewer 15377 10 foot wide lift station; •public access OTD easement easement to City for 10" wide public access; • dedioation on tract map • C3 (1)Sidewalk; (1)HOA in fee (1)1-f0A and City &Rs; 3 The following lots shown on TTM 15377 shall be combined and re-lettered: (1) Lots Q and D; (2) Lots 0, p, Q,and f4;and(3)Lots T,U,and W. Lots OB and CC shown on TTM 15377 shall be combined into a single lot,:Lot BB. 13 Document Number: 201500.0383686 Page: 30 of 179 1 060 • 5-11-068(Shoa'Hprligs/Parkside) Adopted;Findings TTM (2)Public .(2)OTD (2)HOA dedication on 15377 trail/access path& easement to the tract map, landscaping (2)0117; dedication on • trail itiaP • • • •D* • Public trail from 1-10A in fee; .HOA OTD easement TTM. Lot C to interior trail OTD tO to'City; 15377 street the City dedication on • tract map • deed . . „ 0—IP (1)PaseoPark (1)HOA(in HOA restriction, 1.8 Acres TTM (2)10'wide fee) dC&Rs; 15377 public access ;(2)OTD tO dedication on easement City tract map (2)OTD easement to the • PitY; dedication on hart map OW trailN PedeStrian Access HOA in fee HOA. • easement to the 0.1 Acre TTM (levee trail City; 15377 connectOrs) dedication,on &Drainage • tract map W* PedeStrian Access •OTD trail TTM (levee to EPA BOA in fee HOA easement to. 15377 trail) City;CC&Its; • dedication on tract map' • • S • • . • Passive Park • City in fee - HOA and City . OTD to City in TTM fee; , 15377 • Dedication on • • tract map OTD easement to T,U,V* Open Space MA.in fee HOA City,CC&Rs; • TTM Public Access(EPA dedication on tract 15377 Trail) map • County in fee HOA—trail and • • TTM VFPF and landscaping Dedidation On 15377 Public Access(Vista Maintenance; tract map Point Trail) • Couhty-all other • 14' Document Number: 2015000383686 Page: 31 of 179 1061 " . 5-11-058 (Shea Homes/PerksidP.) , • Adopted Findings • . , • • • VPPF maintenance • Open Space. CC • Informal Trail at HOA in fee HOA Deed restriction, rnyf western end.of .CaRs;. 1.$317 northern property line •abdication On tract map: • Public streets &. Street"A" landscape dedication on tract Street .. sidewalks;entry dedieated in fed to maintained by 110A dap;:CC8afts latidscOlhO City;landscape (entry area to HOA; landscaping) • • Streets Public streets: City • 'City Dedication on 493" WWalks • tract map WM 15377 • IL Public Access Signage ThePublic Amenities•&r,TrailManagerrient Plan.shall include a detailed signagePhin.that direct§the paha to the public trails and public recreational Opportunities on the project site; Signs shall invite and encourage public use of access.and recreation opportunities and shall identify and direct the public to their lotatiOnS. At a minimum,the detailed signage plan shall include: 1. Public Access Signage shall be provided,at a mitlitntim,in a visually prominent • • place visible to vehicular and pedestrian traffic at each of the following locations: a. Graham.Street entry into the subdivision; b, 'Graham Street entry onto the levee top trail; c. Emergency vehicle antimiblic pedestriarrentry at Greenleaf Lane; d. Each end of the EPA wetland trail(at the active park and at the western cul de sac of C Street); e• At the levee and at the immediately adjacent street for each of the two • • levee connector trails(within LotN arid Lot W); f Vista Point Trail connection With the levee. • g. The point where the trail at the Western.end ofthe northern property line, adjacent to the passive park,begins the assent to the Bolaa Chica mesa area. 2. In addition tciand/or in conjunction with the above,Public Amenity Overview Signs shall.be•provided 4na visually prominent place visible.to vehicular and • pedestrian traffic at each of the following locations a.. Graham Street entry into the subdivision; b. Graham Street entry onto the levee tbp trail; c. Emergency vehicle and public pedestrian entry at Greenleaf Lane; • d. Vista Point Trail connection with the levee • 3. The public access and amenities signage plan shall include;at a minimum,plans indicating the'Si2e,Wording and placement of public access signs, 4. Signage shall be visible from Graham Street at the subdivision entry and at the from Greenleaf Lane,from the levee at the Vista Point trail(VPPE)and et both levee,connector trails(Lots N and W),and from internal circulatipn,roads and 15. Document Number: 2015000383886 Page: 32 of 179 1062 .. . . . . . • • 5-11-0$8.z(Shea Homes/Parkside) Adopted Findings ' parks. Signage shall include.:public facility identificationmonnments. public park name),facility identificationldireetiOnal nionuments.(e.g.location of public amenities on-site and in the vicinity);informational signage and circulation,.and roadways. . . 5, Signageshall:.convey the message that public pedestrian and recreational use is- . • permitted and.invited. 6.. Vegetation shall not be allowed to Obscure public adoessind antehities.signage. Signage.that j*s,the effect or creates the.effect.Of limiting public use of the public trails and amenities are probilited. 8. Signs and displO.not explicitly permitted in this..doctiment shall require an amendment to this permit unless the Executive Director determines that no. antendinent islegatly*inked,. C, Community ideatifidation signage.at the main project entry(at Graham Street)is allowed prOvid0d. that any such signage also makes clear the availability of the public trails and.amenities.throupout the site and..that the.public is welcome.; D, The required public access and amenities plans shall identify all structures ineluditig location, dimensions,materials and colors,and use as well as sign and.inieintetiVe.diSplikteXtand.graphics, • size and orientation, All plans Shall.be of sufficient scale and detail to verify the location,size and content of all signage,and the location and..orientation,size;materials and.use:ofstruturesduringa .physical inspection of the pre.mis08. E. Recreational appurtenances such as•benches;refuse containers;fencing betweenthe nail and habitat areas;erosion control And footpath eontrot plantings shall be.depicted on the reo4ired.public access and.amonitiesplanS._ . V. All ptibiic areas,.including parks and.frails,Shall include low intensity lighting during nighttime hours. Such lightipg shall be consistent With Special Condition NO.17 regarding directing all lighting within the development away from wetlands,P,81-iA,and other habitat and buffer areas.. The. required#ghting:guilt!).0 included in:the lighting plan described and required in SpeCiel Condition • No. 17. All sidewalks and Streets within the development shall be open and available to the general public. 11. The public trail/maintenance road and.vista point atop the VFPF shall be free of gates or fencing that • • restricts access.across the.WI)of the VFPF. Fencing.to protect.the restored habitat and that does not interfere.with the public VFPF trail or with public views is allowed, • I. The vehicular restriction at the emergency vehicle entrance from:Greenleaf shall be the minimum necessary to preclude non-emergency vehieleS,:The placement of a.series of bollards(which allow. 'easy pedestrian access)is preferred to the construction of a gate, Measures that discourage public.use of any public trailsternenities-on-site,including but not limited • to,use of trails,parks,and viewpoints,are prohibited. Such prohibited measures include,but are not limited to,installation of gates,and/Or use.ifguards. K. Any limitation on the hours of public use is prohibited unless the applicant grits successor-In- interest applies fcit.a4 airiendraent.to this coastal development permit or a separate coastal development permit for a limitation on the hours of public use and receives authorization for such limitations from theCktrimisSion. . L. The plan shall identify the minimum allowable width for each of the proposed trails,which shall be no less than 10 feet wide, Except within.the Paseo Park area,the minimum.10 foot width shall be devoted entirely to pedestrian trail,area an4 shall be exclusive of any area necessary for landscaping •and/or buffer and/or setback area.or similar type of development: Within the Paseo Park,the width of the easement offeredfOr dedication'shall be antinirntim.of 1.0 feet wide,and the trail.itself,.which may meander within the easement;shall be no less than 314 feet wide and'maintained as a public access trail. 16 Document Number: 2015000383686 Page:.3 of 179 • 1 063 . • • •• . . . . • 5-11.-068 (Shea HPfneS/Parkside) Adopted Findings M;All subdivision and project roads and sidewalks shall.remain open and available to.the public:for 'vehicular,parking;pedestrian,and.hicycle.use: All limitations or restrictions are prohibited.except • temporary restriCtiOnS.for public safety When a documented need arises,subject to apprOlial Of a coaStal.develOptrient permit. N. Restrictions on public:parking,including,but not limited:to limited hoursandlor preferential parking. distriets,:are prehibitel Parking ItStrietiOnatO.allowperiodie.'streeteleaningisi allOwed provided the testrictidnis.the least necessary to accomplish the objective and that the restriction.is no greater than on-streetstreet cleaning parking restrictions typically .establiShed"throughout the.City. O.. Site entry points,including the Graham Street.entry,and all streets and trails shall remain free of type of entry restrictions including;but not limited to gates;guarded entry,. arid/or striicttireS/Uses that may be construed and/or interpreted as use at the Site: NO permanent.gates or'access restrictions are allowed... Only temporary gates'and'access restrictions as necessary for construction safety purposes are allowed. Q. No permanent chain link fencing is allowed,only temporary chain.link fencing as necessary for safety daring construction may be allowed. • • R. All public trails and amenities shall be Maintained:at all times in a manner that PrOMOtes public use. S. The extent of public trails and amenities shall net be reduced from that depicted on the approved final Public.Amenities andTrail Management Plans. T. The public access trail easemonts and the lots•Within:Which they occur shall be maintained in manner thatprometes public access.and use of these public traili,-as.propoSed by the permittee and. as described.111..aad recntiro.4 by this gelVk 1.1, The CoaStal COnunission's•approval of thiS.perniit shall..nOt constitute a waiver of anYPUblic.rights that exist Or may exist on the property. The parniittee shall not Use this permit as evidence of a waiver of any public xightt that may exist on.the property. . • V. The permittee shall undertake development in accoidance with the approved firial.plan. Any .proposed changes to the approved final plan shall be reported to the Executive Dime*. No changes to.the approved final plan.shall occur without a Commission amendment to this coastal development permit unless the Executive Director detennika thettds aniendinent is legally required. 4.• i'UBLIC:RESTRO OM • PRIOR TO ISSUANCE OF'11-tE COASTAL ormormmENT rtumni,the applicant shall Submit, for tbe review and approval of the Executive'Director,plans that incorporate a permanent public restreOin Within the proposed.Active P.ark.. The plans shall identifY•the restroorn,location within the active park;and shall provide plans detailing the specifics of the restroom including,but not limited to,floor plans and • elevations. • • . - A. • The requirement to provide the public restroom and to manage and maintain the restroom for the life of the project shall be incorporated into the CO&RS:described in Special Condition No: 13 below. , . • B. The restroom shall be;available to the publie,,at a minimum,during daylight hours. C, On-going maintenance and management 011ie public restroom shall.be the responsibility of the. Homeowner'Association(HOA)proposed:by the applicant. . D. Subject to approval of an amendnientto this coastal development permit or•a new coastal . development permit,long term maintenance and management of the permanent public restroom may be accepted by a public agency(ies)or non-profit entity(ies)acceptable to the Executive 'Director. 17 Document Number: 2015000383686 Page:.34 of 179 • 1064 . . .. . . . . . . . . . . 5z1 -.068:.(811eal-lomes/Nii<sidp) • Adopted Findings• .• • • • • B. Subjectio approVal of an:amendment:IP.this toaStal.developittent.permit;the applicant mak propose an alternate location for required public restroom So long as the alternate location is within the.vieinity of the public trail and recreation system found in and arcuncinthe.1$01s.a.Chica Ecological Reserve,the Brightwater development,the flood control channel levees,andthe... subject site;and!provided that signage.iden*Ing the location of the restroom is placed,at a within the subject site public accoSS..sigriage;System and.atilie alternate loCation, 5, PUBLIC'ACCESS AND RECREATION REQUIREMENTS,AND IMPROVEMENTS. A. Streets,Roada„andhiblic Parking' • As propoSed,..all streets;roads OrpipatIcing'Sliall be publicly maintained and all streets,roads:and public parking areas identified on the Parking Plan prepared by 1.-Ilinstikero&Assodiates,Ine.;.dated 9/1/09 shall be for public street purposes Including,but-not;lituited to,pedestrians bicycle and vehicular access. All streets;roads and on-street public parking spaces shall be open for use by the general public 24.hours per.day,With th.00XCeption.of standard limited parking restrictions for street ' sweepinglinaintenance pnrpoSeS., term or permanent physical obstruction of streets;roads and.: •public parking areas(6,g,red otibing and restriction/linitationsiOago):shall heprohibited., All • public entry controls.(e:g.gates,gate/guard honses,.gnards,Isignage,.eto)..and restrictions on Use by the general public(e,g.preferential parkin districts,tesident:Only.parkingperiOdsipennits,etc.) assoCiatedsivith.any.streets orpaitiiig'itli shall be.prohibited. B. Public Trails, As prOposed by the applicant and as described in.SpecialCondition 3.of this permit,no development, as defined in Section 30106 of the Coastal Act,shall occur within the lots identified for public access: trail easements except for the following development grading.and construction:neeessary to. construct the trails and appurtenances allowed by this permit,vegetation planting and maintenance, drainage devices approved pursuant to this permit,,maintenance and repair activities pursuant to.and in conjunction with the approved final Habitat Management Plan and approved final Public Amenities and Trail Plan. Development that diminishes permanent public access shall be prohibited. As proposed,•the public pedestrian trails shall have decomposed granite surface; • shall be a minimum of ten feet in width and shall he located within the lettered lots as proposed. The. - public.accesitrails shall be open to the general public for posivc recreational Use. • • • C. Public Parks - The Active Park A),the Passive Park(L0t.S)and the PAPOO Park(Lots 0,P,Q,R).shown.on proposed Tentative Tract Map NO. 15377 dated May 24,2011 (exhibit 8 of this staff report),shall be • open to the general public and maintained for active and passive park use as proposed: No development,as defined in Section 30.1116 of the Coastal Act,shall occur within any of these parks, except for the following development as approved by this permit, grading and constructiOn necessary to construct the parks;vegetation removal,planting and on-going maintenance consistent with the approved landscape plan,drainage devices approved pursuant to this permit,and Maintenance and repair activities pursuant to and conjunction with the management and maintenance of the parks In addition,the following shall be allowed within the Active Park tot lot • play area,swing set play aroa,picnic areas,benches.and refuse*containers Tor use by the general public,public access signage,public access signage,and public restroom facilities. • • •1 8 Document Number: 201.5000383686 Page.: 3o.f 179 1065 • • • :5-11-065 (Shea Homes/Parksicie). Adopted H11010 • • The applicant shall ensure the construction:and completion of the public aceess,and passive recreation improvements for parks and trail purposes is parried out as proposed by the applicant in a. timely matmer.consistent with Special Condition 7,.D.evelopment.PhaSing. ENTRY MONUMENTATION A. All entry inonunletnatiOn„inelnding signage,walls,and arbors,shall be eliminated from the.project, with the exception of signage approved pursuant to Speoial.Condition 3 of this perMit. Garden. retaining Planter•walls not 0 eXCeect4.27 are exempt from this prohibition, l'xiOr10.1s$04n0 of the Coastal Development Permit,the applicant shall submit revised plans,for the review.and.approval of the Executive Direetot,reflecting this requirement- . All development shall conform with the approvedlinal plans. 7 .DEVELOPMENT.PHASING A. PRTO1TO ISSUANCE OF ME COASTAL DEVELOPMENT PERMIT,.the applicant shall submitfa final development phasing plan for review and approval bytheExectitive DireCtor,which shall conform tethe followiñg • I. All.deVelOPMent*Shall be.00risistent with tiWrieqPitetnents sof the.approved Habitat Management Plan(titled Habitat Management Plan,Parkside Estates,prepared by'LSA ASsoeieta,IRO.*for Shea Homes,revised September 2011 and aSconditioned.by this permit). In addition,during the period of raptor nest initiation(January 1 through April 30), no getibbing,.gracling!or other development activity Shall.take place within 328 feet:(10G Meters)of the.Eucalyptus ESHAS, If•raptois.gOiestiOg;no grading Or other activities shall Occur within 500 feetof any.activ.e nest. Theapplioant:shall initiatoimPlenteritationof the • approved Habitat Management Plan as soon as„practical:following deep grading within the area zoned.for residential.deVelopnientandptierto or concurrent with surface grading ofthe residential.atea. The applicant earty OUtthe restoration work in an expe,ditiOns.manner. As proposed by-the applicant;no rodentipides shall be used during Site.preparation,grading or construction,or for the life of the deVolopment. • 2. Grading:of the public trails,parks and amenities:shall occur as.aoon.as.praetical.following deep grading within the area zoned for residential development and prior to or concurrent. with surface grading of the residential-area.All grading shall be earned out consistent with the provisions for the protection of the .41A;AVetland arid habitat areas The construction - of the public.trails,parks and amenities and:the planting described in the approved Habitat Management Plan shall begin as soon as practical following the construction of the proposed public infrastructure(e.g.the public streets of the subdivision,thelgatural Treatment ' System,the Vegetated Flood Protection Feature arid improvements to the Huntington Beaeh Slater Pump Station . .. The.applicant shall tonsttuathe public trailsdi4s..eud amenities in an eXpeditiOus manner. " . Public Access at the site during construction shall be maintained. Continuation ofPublic use of the informal trail at the base of the bluff the western side of the property shall.not be obstructed or prevented prior to availability Of either of the two proposed public access trails as.shown on Exhibit 12(Public Trail Access During Construction Revised Tentative Tract , 19 Document Number: 2015000383686 Page:.36 of 179 1066 . . . . . . . . . . . . . .. . . . . . . . . . • • • 5-11-068 (Shea Homes/Park,side) Adopted Findings. •. Map No.:1 377), Thetwo puhlic.'acces.s trails tobe available dining construction after the informal trail is no longer available to the public during construction arei::1)public trail through thoPaseo Park trail linked to the EPA trail;and 2)levee trail atop the north levee of the tasts•barden GrovelVintersburgflood Control channel:. The.provision of pallo access during construction,including temporary public access signage;shall be carried out as proposed by the.applicant and as reflected mExhibit 12 of this staftreport. Any temporary public access interruption shall be•the minimum necessary,shall not exceed oneweek 'duration,and shall bereportedtO Exe.putive Director prior to beingimplemented. Construction of public trails,patics and restroork pursuant to the:aPProved Public Amenities and Trail Management Plan,,the installation of habitat protection fencing pursuant to the approved final liabitaManagentent Plan,the.installation Of public acceSs.signage consistent with the PublicAmenities and Trail Management Plan and the opening of the • parks,trails and restrooin for public use shall occur prior to.Or concurrently with the:issuance . of the certificate of occupancy for the first Teaidence. .Interim public trail access shall be. • provided at all times prior to the opening sof trails required by the Public Amenities and Tiail- Uartagetnentilan• • • • • .• • It The approved Public Amenities&trail Management Plan shall be implemented and construction of physical'features of the plan completed prior to issuance of the certificate of Occupancy for the first residence, • The permittee„shall undertake,developthent in accOrdanCe with the approval.fintil constructionklev.eloproeut•phasing 1). Any proposed Changesto the approved final plans or phases of conatruction Shal1 be reported to the E?cecntiveDirectim.No changes-to the approved finalplans shall occur without a • Commission.amendment this coastal developritent permit unleSS the.EitecUtive Director determines that-no•-EtniendMent is required. . 8. PROTECTECTION•OF.POTENTIAL ARCHAEOLOGICAL RESOURCE'S DURING GRADING - • . . • . A. PRIOR TO ISSDANCE•OF THE COASTAL DEVELOPMENT PERMIT,the applicant. • shall submit for the tevieW and approval of the Executive Director an archeological monitoring and mitigatiOn plan;prepared by a qualified professional,that shall incorporate the following measures-and prOcedureS: . . . • • 1. Archaeological tuenitOr(syqualified.bythe California Office of Hiaterie Presetvatiott(OHP) standards;Native Atnerican,monitor(s)with documented andestral ties to the:area appointed • consistent with the standards of the Native American Heritage Commission(NAHC),and the Native American most likely descendent(MLD)when State Law mandates identification of. a MLD,shall monitor all project grading.,, 2. The permittee shall.provide sufficient archeological and Native American monitors to assure - that all project grading that has any potential to uncover or otherwise disturb cultural deposits is monitored at all thnes.•All archaeological Monitors;Native American monitors and Native American most likely descendents(MID),if 8state.Law requires the involvement of the Iv.ILD,.shall be provided with a copy of the approved archaeological monitoring and mitigation plan required by this permit: Prior to commencement of grading;the applicant shall convene an. pre-graailig tnoti-4g with all archaeological monitOrS,Native • 20 • Document Number: 2015000383686 Page.:.37 of 179 1067 . . . . . . . .. 5-11-068(8hea Hornes1Pai'k8ide) Adopted Findings.. American monitors and Native American most likely descendenta(MLD)along with the • grading:contractor,the applicant and the.applicant's.arChaeologIcal'consultant in order to make sure all parties understand the procedures to be followed putuant to the approved archaeological monitoring mitigation Plan. At.the conclusion of the meeting all parties attending the on-site:pre-grading meeting shall be.required to sign a declaration,which has been prepared by the applicant;subject lotto review and approval of the Executive Director, stating.that they have read,discussed and fully understand the:procedures and requirements .6f.the:approved-archaeological monitcirixig arid.taltgatiOn plan:and agrect4o abide:by the terms thereof,. The declaration shall also include contact 0)040.040PP.for all parties. The. declaration shall also.contain the following procedures tO be followed if.dtputesarise.in the. field regarding the procedureS.0d,reqnirenient of the approved archaeological monitoring and mitigation plan.: Prior to ofgrading,the,applicantshall submitacopy.of the signed.declaration.to theExectitiVe Director andtovaeli signatory.. (a) " Any dispUtes into field arising among the archaeologist,arobaeologiCalmonitors; Native American monitors,Native American most likely descendents(IvilD)„the grading contractor or applicant regarding with the procedures and requirements of the approved archaeological monitoring.and mitigation plan shall be promptly reported to the Executive via:e-mail and telephone. (b): All work shall be halted in the area(s)of dispute. Work may continue in area(S)not subject to dispute,in accordance;with all provisions of this special condition., (e), Disputes shall be resolved by the; kectitiyepireCtOr,in:Consultationwith the .archaeological.peer reviewers,Native American inenikits;I•lativ.e..Aineriean State Law reqUires.theinvolvement of the MLD),the archaeologist and the applicant (d). If the dispute cannot be resolved by the Executive Director in atiinelkfashiort,said dispute shall be.rep:40191hp.commissien for resolution at the next regularly scheduled.Commission meeting. • 3... If any cultural deposits are discovered during project construction,including but not limited to skeletal remains and grave-related artifacts,traditional cultural sites,..religioui or spiritual sites,or features,the perinittee shall carry out significance testing of said deposits and,if cultural deposits are found by the Executive Director to be significant pursuant to subsection C.of this condition and,if applicable other relevant provisions,additional Investigation: and mitigation in accordance with all subsections of this special condition shall be carried out and implemented; 4.. If any cultural deposits are discovered;including but not limited to skeletal remains and grave-related artifacts,traditional eultUral siteS tiligionS or spiritual'sites,:or features,all construction shall cease:in accordance with subsection:13.of this special condition, 5.. In addition to recovery and reburial,in-situ preservation and:avoidance Or cultural deposits shalt.be considered O.mitigation options,to be determined in accordance with the process outlined:in this condition; . • \ 6.. human remains are encountered,the permittee shall comply with applicable State and .Federal laws. Procedures outlined in the monitoring.and mitigation plan.shall.riot prejudice the ability to comply with applicable State.atid Federal laWsiinclUding but not limited to, negotiations between the landowner and the MLD regarding the manner of treatment of htimarilemains including,but not to,scientific or cultural study of the remains (preferably non-destructive);selection of.in-Situ preservation of remains,or recovery, repatriation and reburial of remains;the time frame within which reburial.or ceremonies Must be conducted,or selection of:attendees to reburial events or ceremonies. The'range of investigation and mitigation measures considered shall not be constrained by the,approved development plan. Where.appropriate and consistent with State and Federal laws,the •. 21 • Document Number: 2015000383686 Page:. 38 of 179 1068 . . . . ' •" • • •• • • • • • . 5-11-008(Shea FlOmes/Parkside.) . AclOOteCi Findings ) - treatment of remains shall.be decided as a•CoMponeiit of the process outlined in the:other subsections ofthis donditien. Prior to the commencement and/or re of monitoring,the pertnittee shall. notify.each archeological and Native monitor of the requirements and procedures established by this special:condition, Furthermore,prior to the commencement and/or re,' conuneneernent of any monitoring,,the permittee shall provide a copy of this special condition,the archeological monitoring and mitigation plan approved by theExecutive Director,and any Other plans.required pursuant to this condition and:which have been .approved by the.EXeciitive Director,to each E. If an area of cultural deposits;*Wing but-not lhnitedtCslceietal'tetriain's and graVe4elated artifact;traditional cultural sites,religious or spiritual site;or features,is discovered dining the course.of the project;all construction activities.in the area of the discovery that have any potential to Uncover or otherwise distUrh cultural deposits in the area Of the.discovery and all construction that may foreClose mitigation optionS4t-the ability to implement the requirements • condition shall eease.arid:ahall•nOt recommence except.AA PrOvided in subsection and other subsections of this special condition, In general,the area Where•construction activities must Cease-shall be.1)tiO less than a 50-foot wide buffer around the cultural.depetit;arid.2)not larger than the.development phase within which the discovery is made. • C. An applicant seeking to recommence construction followingdiscoverY of the cultural deposits Shall sUbmitn,Significancte Testing PlanfOrthe review and approval of the Executive Oireetcn; The Signific4nce Testing:Flan shall idoltify.the testing measures that will be undertaken to. determine•whether the cUltural deposits are significant:The Significance Testing Plan shall be prepared by the project archaeotogist(s),in.eonsultation With the Native American monitor(s), and the Most Likely Deseendent.(1y1LD)-when State taw mandates identification of a.114:Ll:). The Executive Director shall make a determination regarding the adequacy of the Significance Testing Plan within 10:WOrking..daYs.Of receipt, If the Executive Director does:riot.tnaWattchsa determination within the preSetibeiltitiO,theplariShall be.deemed approved and.implementation may proceed::Once a plani is deemed adequate,the Executive Director will make.a determination regarding the significance of the cultural deposits discovered. (1) lithe Executive Director approves the Significance Testing Plan and.determines that the Significance Testing Pines recommended testing measures have a de tanitnis impact on the culturil deposits,iii nature and seppe;the significance testing may continence after the Executive Director informs.the permittee of that determination. • (2) If the Execirtivebirector approves the Significance Testing Plan but determines that the •changes therein do not have a de minimis impact on:the-cultural.deposits,significance testing maynot commence until after the Commission approves an amendment to this Penult, .:(3) Once the measures identified in the significance-testing plan are undertaken,the permittee shall submit the results of the testing to the Executive Director for review and approval: The results shall be accompanied by the project archeologist's iecommendation.as M.whether the findings should be considered Significant TheprOject archeologist's recommendation shall • be made in consultation with the Native American monitors arid the MLD when State Law, mandates identification of a MLD. If there is disagreement between the project archeologist and the Native American.monitors and/or the MLD,both perspectives'shall:be presented to the Executive Director, The EXectitiveDirector shall make the determination as to whether the deposits are significant based on the information available to the ExecutiVe Director: If . the deposits are found to be significant,the permittee shall prepare and submit to the Executive Direbtor:a supplementary-Areheological Plan in accordance WithsubsectionE of • 22 • •Document Number: 2015000383686 Page: 39 of 179 • 1 069 . . . . . . . . . . . . . . . . . . . 5-11-068(Shea Homas/Parkside)• • Adopted Riding • • this condition and all other relevant.subsections. Mho deposits are found to be not 'significant,then the perrnittee may reCominence.grading iriaccordance with any.measures • outlined.inthe significance'testing,program.. D. Anapplicant seeking to.recommenceconstrtiction-folloWing:a.determination by the Executive. Director that the cultural deposits discavared:are significant shall submit a:Supplementary. Archaeological Plan forte review and approval of the Executive DirePtor. Supplementary Archeological.Plan shall be prepared:by the project arChaeologist(s),in'consUltation with the Native American MOnitor(S)„the Most Likely Descendent(MLD)when State Law mandates, identi6cation of a MLD,as well as others identified in subsection E of this condition. The. supplementary Archeological Plan'shall identifY proposed investigation and rnitigation.measures. If there is•disagreement betweenthe project archoOlogist and the Native American monitors and/or the MLD,both perspectives shall be presented to the Executive Director. The range of investigatien.and mitigation measures considered shall net be constrained by the approved deVolopmeaplam. Mitigation measures considered shall range from in-;situ preservation to recovery and/or relocation. A goOdlaith effort Shall he Made to:avoid impacts tootiltnial resources through methods such as,but not limited to,.project redesign,capping;and creating an open space.areaarounci the cultural resOurce.areas. In order to:protect etilturalreSeUrceS,any 'fiithier-development may only be undertaken consistent with the provisions of the final, approved,Supplementary Archaeological Plan. (1) If the Executive Director approves the Supplementary Archaeological Plan and determines • that the Supplementary Archaeological Plan's recommended changes to.the proposed development or mitigation measures have A de mrnunis impact On.cidterat deposits,in nature and.scope,.coristruetion may recommence after the Executive Director informs the.permittee of that determination. (2)Ifthe.Executive Director approves the Supplementary Archaeological Plao but determines that the changes.therein do not have a de minimis impact on cultural deposits,.conStructien may not recommence until afterthe Coirtnisaion.eppreVes:an arnendme.ntto this permit, g.. Prior to submittal th The Executive Direeter,'all plansrequired lobe submitted pursuant to this special condition,shall have received review and written comment by a peer review committee convened in accordance with current.professional practice,and representatives.of Native • American groups with documented ancestral ties to the area. Names and qualifications.:of selected peer reviewers.shall be submitted for review and approval by the Executive Director. The plans submitted te the Executive Director shall i.MOrpar4t0.the recommendations of the peer review committee.and the Native Anieridati groups with doctittented ancestral:ties to the'area. Furthermore,upon completion of the peer review process,and prior to submittal to the Executive • Director,all plans shall be submitted to the California Office of Historic Preservation(01-Inand the NAHC for their review and an opportunity to coMment.. The plans submitted to the Executive Directorshall incorporate the recommendations Of the OHP and NAHC. If the DHP and/or NAHC do respond within 30 days of their receipt of the plan,the requirement under this permit for those entities'review.and comment shall expire,unless the Executive Director extends said.deadline for good cause, All plans shall be submitted for the review and approval of the Executive Director. , F. At the completion of the archaeological grading monitoring and.mitigation,the applicant.shall prepare a report,subject to,the review and approval ofthe Executive Direcibr,whichshall include but not.be limited to,detailed information concerning the quantity,types,location,and 23 Document Number: 2015000383686 Page:.40 of 179 1070 . . . . .. . . • • 5-11-068(SNa HOmes/Parkside) Adopted:Firidirig • • detailed description of any cultural resources discovered on the project site,analysis performed and results and the treatment and disposition of any cultural'resources that were excavated: The report shall be prepared consistent with the State of California Office of Historic Preservation Planning:Bulletin#4,"Archaeological Resource ManagementReports(ARMR);. Recommended. Contents andFerniaf. The:final report shall disseminated to the.EXecutiVe Direct or and the South.Central Ceuta)informatiOnCenter at California State:University at Fullerton,. G. The pertnittee shill'undertake development in accordance with the..approVed.final plans. Any' proposed changes totheapprovedfinal plans Shell be reported to the Executive Director: No changes to the approved final plans shalt occur without.a.Commission amendment to this coastal deVeloprrient.perinitnidetS the:Executive Director detertitineSthat noamendrnent.is regnired., .CUIZATION OF.ARTIFACTS AND'DISSEMINATION OF CULTURAL INFORMATION. PRIOR.TO ISSUANCE.OF TEIS.PERMIT,.the applicant shalliubMit.for the review and approval of the Executive Director, of aWrittenagreettientWith .Ctiration facility that has agreed to accept any.artifacts recovered from the project site. Any such artifacts shall be curated within Orange County,.at.a.faCiIity meeting the established Standards for the Of archaeological tesOtirCes;.Further,the applicant shall retitteat in:the agreementthat the.facility. . receiving the collection prepare.an appropriate display of significant materials so that the public.can View'.the investigation results and benefit:from the knowledge gained by the discoveries: If permanent CiiratiOn facilities are'notaVailable,artifacts may betetriperanly stored at alacility.suCh as the Anthropology Department of the California State University at Fullerton until space becomes available at a facility meeting the above standards. The applicant shall submit written proof of acceptance from the:above curation or temporary'facility of 100.percent of the recovered artifacts • prior to issuance.of the permit. PRIORTO ISSUANCE-OF TIIISTMMIT theapplicant shall submit,for the reviewand approval of the Executive Director,.6.Written'agreenient:th.distribUte the final reports:required in Special Condition 8F to interested area institutions,vocational groups and Native American tribal units within Southern.California,as well.as to appropriate'City,County and State.agencies . 10. REVISIONS'TO'TENTATIVE TRACT'MAP 15317 PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENTTERMIT,the applicant shall Submit, for the review and approval of the Executive Directhr,revised Tentative Tract Maps 153 77and 15419 Etairiped Aoptovatia Calitepi afThintinziati each,reflecting the fellowingehanges: A. Reconfiguration of proposed TTN.15377.auch.that Lots.04 P,Q,and R(Paseo Park)are combined into a single,lettered lot. B. Reconfiguration of proposed Trm:15377 such that Lots T,U,V and Lot W(EPA tail.Connecting. the active park and the levee)are combined Into a single,lettered lot. C. Reconfiguration of proposed TTM 15377 such that Lots C ancl D(public sidewalk and connection between A Street and.0 Street).:are.COnibinedinto a single,lettered lot. D. Reconfiguration Of proposed um:15377 suebthatLots BB and CC are combined into.a single, lettered lot,Lot BB.: E. A lots proposed to include public access and recreational uses shall be identified as such on the fM. F. Al lots proposed for OM;.wptlgodi habitafuses shall be identified as such on the'NW 24 Document Number: 2015000383686 Page.:.41 of 179 1071 . . . . . . . „ . . . . 5-11-068.(Shea Homes/Pericside) Adopted Findings ,. • G. Lots proposed to be offered:for dedication in fee for public works facilities ancl/or.public recreatiOn shall be identified on the TTM.and:shall identify the dedication's Use,including the following lots: i. Lot A,TM 15377 Active Park dedicated to the City of Huntington Beach,. ii. Lot S,TTM.15377t Passive Park dedicated to.City of Huntington Beach; iii. Lot B,TIM 15377; Sewer Lift Station*cheated to City of Huntington Beach; iv. Lot X,TTM.15377:.Water Quality Natural:Treatment System dedicated to City of Huntington Beach; v, Lot y,TTM 15377:Vegetated Flood Protection:Feature dedicated.to.County.of Orange. H. PUblie amenities.proposed to be offered for dedication AS easements to the City of Huntington Beach • shall he.identified on the TIMand shallinelnde the caseinent's:use,including the.f011Oyfing lots: I Lot•C and Lot be combined and re-lettered]for public,recreational and pedestrian traituse; ii: Lots O,.P,Q,andkof 117M 1.5.177[to.be..combined and re-lettered. Paseo Park trail, iii„ Lots N,.T11115377:Levee Connector trail iv Lots T,II,Vaud Lot No.:1114 1:5377[tO be combined and re-lettered accordingly]: , EPA trail connecting the Active Perk The levee. I. Lots dedicated ii fo.to the HomeoWner'iAssoCiatiot(aa proposed to be created by the applicant • and as described in Special Conclitions 13,below)tobe managed and maintained solely for wetland and.habitat creations restoration and preservation shall be identified on the TTM.and include: i.: Lot Z,TIM 15377,ESHA:and Wetland Restoration areK ii, Lot.AA,TTIVf 15377::restoration/creation EPA Wetland,ESHA:and Wetland Buffer. • atea; • iii. Lots BB ad CC[to be combined and re-lettered accordingly],.TIM 15377:ESHA, restOrationkreation EPA-Wetland,.habitat reStOration and continuation of the . • informal public trail); iv. Lot•A,,TIM 15.4.19:Wetland and Habitat. J. After the.above revisions have been inCOrpOrated..andpriOr to recordation of the final tract maps, submit to tnelExecutive.Direetor‘for review and approval,the revised versions Tract Map Nos. 15377 and 154.19. X. After recordation,submit Final.Tract Map Nos. 15377 ant:J.15419 to.the Executive Director. iti.OFFER TO DEDICATE•IN FEE FOR PUBLIC INFRASTRUCTURE,AND PUBLIC ACCESS..& RECREATION.PURPOSES. '• • • . , . . PRIOR TO ISSUANCE OF THE 'COASTAL DEVELOPMENT PERMIT, and in Order to • implement the perrnittee's proposal, the.permittee:shall Submit to the Executive Director, for review and, approval, .a proposed olodurnent(s). irrevocably offering the dedication.of fee title. over the areas identified-below to a public agency(ies)or non-profit entity(ies). acceptable to the.Executive Director,for public access-and recreation, and public infrastructure based on the.restrictions set forth in these Special conditions. Once the.documents irrevocably offering to dedicate the areas identified below are accepted by the Executive Director, and also. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall Submit evidence that it•has•executed and recorded those documents, completing*the offers to ' dedicate. The land shall be offered for dedication subject to.the restrictions on the use.of that land set forth in the special conditions of this permit, and the offer to dedicate'shall reflect that fact.. The offer shall be recorded free'of prior liens and encumbrances which.the Executive • 25 • • • Document Number: 2015000383586 Page:.42 of 179 • 1072 • • • • 5-11,-068(Shea HornesiParktide) Adopted.Findings • • Director determines May affect the interest.being.conveyed. The offer shall run with the land in favor of the.People of the State of California! binding all successors and assignees, and shall be Irrevocable for a period of 21.years, such period running from the date of recording. The entirety ofthe followingland shall be offered for dedication: • • a.. TTM 15377 Lot A•Adtive Park; • • b. TTM 15377 Lot:$ Possivp Perk; • .c. VITA-15377 Lot B Sewer.Lift Station and public trail; ci 71%15377 TTM 15377 Lot X Water Quality Natural Treatment.System; Q. 1:1-1A:1537714 Y Vegetated FlOOd Protection,Feature;Vita pi:1W ind Vista.POint:trail; • • 'I 2. OFFER TO DEDICATE:EASEMENTS FOR PUBLIC ACCESS AND• RECREATION AND. .FOR HABITAT CkEATIONA RESTORATION'. • -A: PRIOR TO ISSUANCE Or THE COASTAL:DEVELOPMENT vgnmo,the permittee shall execute and record clocuntent(a).in a forrn„apd content acceptable to the Executive Director, irrevocably offering to dedicate to a public agency(ies)or non-profit entity(*)acceptable to the Executive Director,easements for public access and recreation as-proposed by the permittee and as approved by this permit: .1) 1-ot T, Lot U, Lot V, and Lot W[now knOW.4.as Lot T on:revised TTM No.. 15377]for public access and recreation, • 2) Lot p; Lot P, Lot(1'and j....cf-R[now known as tot:0 on revised TTM No. 15377]for •public access andreoreatibn;. 3) Lot C and Lot D[now known as Lot C on revised TTM No 153771 for public access and reereation; 4). Lot Ns for public access and recreation. H. PRIOR TO,ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT;the p.ennittee shall.execute and record document(s)in a form and content acceptable to the Executive Director, • - irrevocably offering to dedicatetothe homeowners association proposed in conjnnqtion with the approval of this coastal development permit;easements for habitat restoration(as described in the approved final habitat management plan approved by this permit)of the following areas: • • I) TTM 15377.Lot Z for wetland and habitat creation,restoration;maintenance and4 preservation as approved by:0lb perniit; 2) TTM 15377 Lot AA for habitat creation,restoration,maintenance and preservation as • gpproved by thiSPeriiiit; 3) TTM15377 Lot BB and Lot cc Ito he eombined and re-lettered as appropriate]for habitat creation,,restoration,maintenance and:preservation as.'approve by this permit and for continuation ate informal public trail; 4) TTM 15419 Lcit A for wetland and habitat creation,restoration,maintenance and preservation as approved by This permit. • . , • C. The recorded dbournent(s)shall include legal descriptions of both the pennittee's entire parcel(s)and the easement areas. The recorded cloctiment(s)shall:reflect that development in the offered area is restricted as setforth in the Speelai Conditions of this permit The offer shall be recorded free of prior liens arid encumbrances that the Executive Director determiaes-may'affect the interest being conveyed. The offer shall run with the land in favor of the People ofthe State of California,binding. , . • - 26. Document Number: 201:5000383686 Page:.43 of 179 • 1073 • • . . . . . . . . . . . . . 5;-11-068 (Shea Homps/Parkside) AdOpted.Firiding8 all successors arid.assignees;and Shall be irrevocable for a.period of 21 years;such period running from the date of reeording..•The applicant's proposal for the lands to be Offered for public trails And habitat creation and restoration are generally depicted on the plan titled Site Plan,Revised Tentative Tract Map..15377 arid 154.1.9;.City of Huntington*ad);prepared by tItinSaker&Associates and dated May 242011 and received the Conmiission's offiCeson..3rily 25.,.2011 The lands identified in MU dedication shall be Maintained in accordance with the approved final Habitat Management Plan with the.approved.final Public Arrienities.&Trail Management Plan required inthetpeeitil.conditions of this coastal development Perna. • 13. COVENANT&CONDITIONS,AND RESTRICTION(CO&R'S)AND FINAL TRACT MAPS • A. Consistent with*applicant'sproposal,the.applicant shall establish covenants.,conditions and restrittiOnS(Od$ilts),or.anevivalent.thereo“orthc proposed developrfient.to address ownership and public streets and sidewalks of the Subdivision;public trails,public parks,habitat restoration and preservation Areas,environmentally sensitive habitat areasi:andeommonlandscaped Areas,. The CC&Rs.shaltrefloottalApplicable requirements of this coastal develeptient pertnit.inelncling but not liinited.te the specifications concerning the development ofthe parkk trails and habitat creation and restoration areas,.and residential landscaping as described in Special Condition 15 below and • a prohibitien.outhouse pfrOdenticides,a&propoSed•bY the applieantlind ootiditioned:by this permit.. The CC&Rs shall Include a provision specifically stating that the CC&Rs not be modified,amended or:changed,in any manner that would render them inctinsiStent with any special condition and/or them coastal development permit.ntimber .068,_approved by the Coastal Commission.at its October 11,1012.hearing;any amendment made by the IlOA.niOdifYing..the CC&Rs m a manner that renders the modification inconsistent'with any special condition and/or the findings in coastal development permit number.541;468 shaU be null And void B. As.soon..asa.1161110w/1e :aSseciatiOn.oraitniltir entity.ettinptiSed Of theindiVidual Owners of the loll proposed residential lots is activated,the applicant shall transfer title of the covered by the Habitat Management Plan and public.acceis and recreation areas covered by the.Palle Antenities and Trail MartageMent Plan to that entity • C. PRIOR TO ISSUANCE OF Iii2 COASTAL DEVELOPMENT PERMIT,and prior to recordation orany CC&Rs,or tract maps associated with the approved project,proposed • versions of said CC&Rs and tract maps shall be.suhnlittedlo the Executive Director for review and approval.. The Executive Director's review shall be•for the purpose of ensuring compliance with the standard and special eedditionS-Qiithis.,eoestal.tlevelopment permit, including ensuring that,pursuant to paragraph A of this condition,the CC&Rs also reflect. the.Ohgeing restrictions and OligationS:intribsta by these conditions. The use of the land cited within the special conditions of this permit shall be identified on the Tract • .Map(s),where appropriate,as well as being placed in the:CC&Rs. D. SitnnItaneOus with.the recording of the final tract map(s)approved by the Executive Director,tho.perinittee.shall record the covenants,conditions and restrictions approved by the Executive Director,against the property. The.applicant shall.S ribmit a recorded...copy of • the covenants,toilditions.and restrictions within days of their recordation to the Executiye.Piroctor. The CC&Rs may not be modified in.a manner that would.render them inconsistent with any provision of this permit or of any plan or Other document approved by • 27. • Document Number: 2015000383686 Page.:.44 of 179 • 1074 • . . . . . . . • • • • • • . . . . • • 5-11-068(Shea Homes/Parkside) Adopted Findings • • •• the Executive Director pursuant to the of this permit. Any change that would not create a direct conflict between the CC&Its.and the provisions of this permit or of any approved plan or other document shall be atibMitted to the Executive Director;in•Writing;for 4.00tetfilittatibt.AS to whether such change rquires approval of the Coastal Commission The Executive Director shall have 00 days in winch to communicate determination to the Homeowners Association, If,within that 90 day period,the Executive Director indicates that Commission approval required,no such change shall.eccur until such approy4 is. secured. Otherwise,no Coastal.Commission approval shall be required. The CC&Rs shall indicate restrictions within their terms.- 14:. LANDSCAPING:PLAN RESIDENTIAL AREA • •. A.. The applicant shall Conform-to.the landscape plan prepared by Fred'Radmacher Associates, • Inc:dated 1148/08 as revised through 1n/10:for:the common areas Within the residential land use.designation and zone only(Lots E, H,L. K,. K:arid Lots:0;P;•(;),.;.and [Lots•Co,P,Q,and it to and re-lettered as appropriate] and Lots C,.1:).and N,. received:in:the:Smith Coast District Office on May.4,.2010 showing vegetated landscaped areas consisting of native plants or non-native drought tolerant plants,which are.non- . invasive. No plant s*108,listed as problematic and/or invasive by the galifOrnia:Nativ.e "Plant Society,the California Exotic Pest Plant Council,or:as may be identified fremtime to time hytheState of California shall be employed of glowed tonatUralize or persist on the Site No plant species listed as.4.!`ntaiMis weed"by the State of California or the't.f.S. • Federal-Oovernmerit shall.be utilized withiri the property. Existing vegetation that does not conform to the above requirements shall be removed. PRIOR TO ISSUANCE OF TBE COASTAL DEVELOPMENT PERMIT,the Pettnittee shall submit,for the review and approval of tbe:BOeutivepireetdr,treated landscape plan for the oottigtori areas within theresidential land use;designation,and zone only(Lots E,F,G,H,I,J,g:„..1.4,and Iv%and Lots G,P,Q,:anctR[Lots 0,P,Q,and R to be combined and re-lettered as appropriatel)deleting the area subject to the approved Habitat Management Plan. C. All future landscaping of teSidential lots(Lots 1 through 1 1 I)shall consist of native plants or non-native drought plants,which are nen-invasive. No Plant species listed as problematic and/or invasive by the California Native Plant Society,the California Exotic Pest Plant Council,or as.may be identified from time Ultimo by the State of California shall • be employed or allowed to naturaliZe or persist on the site: No plant speOlaa listed as a. "noxious weed"by the State of California or the LIS.Pederal.Government shall be utilized or allowed tOpersist within the property. Existing vegetation that does not conform to the above requirements shall be reMoved. • - D. PRIOR TOISSUANCE OF:TEE COASTAL DEVELOPMENT-FM/VIrt;the permittee shall submit for the review and approval of the Executive Director,landscape palette lists to be incorporated into the landscaping guidelines for future residential development The approved landscape palette list shall identify: 1)the native plant species that may be.planted on the residential lotsc 2)a list of the non-native,non-invasive drought tolerant common garden plant species that may be planted on the residential lots;3)the non- native,non-invasive.drought tolerant turf that may be planted within;approved turf areas in. the parks,and 4)the invasive plant species that are prohibited from use anywhere within the developmept. The landscape palette for the development shall be consistent with the' Approved Plant List for Non-Habitat/Non-Buffer Areas as reviewed and approved,by the Executive Director. • • • 28 Document Number: 2015000383686 Page: 45 of 179 • 1075 . . . . . . .. . . . . . • $41.-06.8..(Shea HOmes/Parkside) Adapted Findings • B. These listS Shall remain.available for consultation and,shall be recorded in the covenants, conditions,and restrictions as required by Special Condition 1.3: Additions to•or deletions from these lists may be ma.4clay.the Executive Dir6otor of the California Coastal 'Commission,in consultation With theproject's restoration ecologist. NO:deviations from the list shall occur in the plantings on the site without an amendment to this.permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. . G, Monitoring. Five years from the date of the completion of the:installation of landscaping of the common areas as required in these special conditions,-the permittee shall submit,:for the review and approval of the Executive Director,a landscape°monitoring report..prepared by a licensed landscape.arehitect or qualified resource specialist,that certifies the.olFsite • • "landscaping is in conformal*with the requirements Of the special conditions ofthiS perMit. arid thelandscapeplana approved pursuant to the special conditions Of this permit, The monitoring report shall include photographic documentation of plant species and plant .coverage:: If the landscape monitoring report indicates the landscaping is not in conforManco. with-orbaa failed to meet the performance standards specified in the landscaping approved pitsnant to this;permit,the petinittee;or successors in interest,.shall submit:a. •.revised or supplemental landscape plan for the review and approval of the Executive Direptor. The revised landscape. plan must be prepared by.a.licensed landscape architect or a qualified resource specialist and shall specify measures to remediate those portions of the original plan that have Ailed or are not in conformance with the original approved plam The perrnittee or successor in intoreat.aliallirriplement the supplemental landscaping plan approved by the Executive Director and/or seek an amendment to this permit if required by 'the Executive Director.. H.. . The.pertnittee•shall undertake development in accordance with the approved final plans. Any proposed changes-to,the approved Plan.shalibe reported to the Executive DireCtor. No changes to the approved plan.shall occur without a.Qoromissionamendment to this coastal • development permit unless the Executive Director determines that no amendment is required. 15.. CONSTRUCTION STAGING AREA AND FENCING • A. All construction plans and specifications Of the.preje.ct shall'indicate that impacts to wetlands and environmentally sensitive habitat areas shall be avoided and that the California Coastal Commission has.not authorized any impact to wetlands Or other environmentally sensitive habitat areas. PRIOR • TO ISSUANCE OF VIE COASTAL DEVELOPMENT.PERMIT,the pertnitte0 submit a final construction staging and fencing plan for the review and approval of the Executive Director• , • which indicates that the.constructiorim the construction zone,construction staging.area(S)and construction.corridor(s):shall avOid.impadts to'%Valencia,BSITA,and.other sensitive habitat areas • consistent with.this approval. The plan shall inClUde the following reqUirentents arid elements: 1) Wetlands and any environmentally sensitive habitats shall not be affected in anyway,except as specifically authorized in this permit. .2) Prior to commencement of construction,temporary barriers shall be placed at the:limits of • residential grading.adjatent to the area'subject to the.approved'final:Habitat.tvlanagententilan which'includes wetlands and allESHA. Solid physicalbarrierS shall be used at'the limits of grading adjacent to all ESHA. Barriers and other workarea.dernatcatioria-Shall be inspected by a qualified biologist to assure that such barriers'arid/or demarcations are installed consistent with 20 • • Document Number: 2015000383086 Page:.46 of 179 . 1076 . . • • • • . . . 11-068.(Sh00 -10MeS/ParicSide) Adopted Findings • the-requirements of this permit. temporary harriers;staking and,fencing shall be removed upon completion of construction.. 3) No*grading,stockpiling or earth moving With heavy equipment shall occur within BMA, wetlands or their designated buffers,except as noted in the finat•Habitat.Management Plan . • approyedby the Executive Director, 4) The plan-shall demonstrate that: a. Construction equipment,materials or activity within the area subject to the approved •final Habitat Management Plan shall be the minimum necessary to accomplish the goals. Outlined in the approved final Habitat Management Plan. b, Deep grading and construction.within the residential area of the project shall avoid adverse impacts upOnthe adjacent area,Subjectto the approved final Habitat Management Plan and :c. Construction equipment,Material's,or activity shall not be stored within any ESHA.. wetlands or their buffers and net be Placed in any location that would reault in impacts to wetlands,:ESHA or other sensitive habitat, 5). The plan shall-include,at anfinlinum,the following.components a.. A site plan that depiets: 1,.• of staging:arks) IL Construction corridor(s). iii. Construction site iv. Location Of Constructionfencing and temporary job trailers.with respect-to existing.wetlands and sensitive habitat v. Compliance with-the approved Water Quality Management Plan prepared by • Himaaker and Associates,dated 9/11/k vi. Measures to be employed.to-avoid adverse inipeets:On wet.and ,ESHA,and Other.seitsithre habitat, B. The permittee shall undertakedevelopment in accordance with the approved-final plans. Any proposed changes to the approved final plans shall be reported tothe Executive Director. No.Changes to.theapproved final plans shall(tour withotit.a amendment to this coastal deVelOpMerttpOluitUnless,the• xecutive Director determines that .no amendment is'required. 16... LIGHTING. A. All lighting within the development:shallhe directed and shielded so that light is-directed away.from wetlands,ESHA,and other habitat and buffer area'. Ploodlfimp shielding and/Or sodium bulbs shall be used in developed areas to reduce reduce the amount astray lighting into • wetland-and habitat creation and restoration areas. Furthermore,no skyward-casting lighting shall be used. The lowest intensity lighting shall be used that is appropriate to the intended use of the lighting. PRIOR TO'ISSUANCE OF THE COA8TAL.EIVELOPMENT the oniiittee shall submit,for the review and approval of the Executive Director, a lighting plan to protect the wetlands,ESHA,and other habitat and buffer areas from light generated by the iyoject; The lighting plan to be submitted to the Executive Director shall be accompanied by-an analysis of the lighting plan prepared by a qualified biologist which documents that:it is.effeetive•at preventing lighting impacts•upon adjacent wetlands and environmentally sensitive habitat.and buffer areas. • 30 Document Number: 2015000383086 Peoe.: 47 of 176 • • 1 077 .. . . . . . . . . . • • • - .. . . . . . 5.11,068.($hea Homes/Parkside) Adopted:Findings B.. The perrnittee shall undertake development in accordance-with the-approved final plans. Any proposed changes to the approved final plans shall be reported the Executive Director. No changes..to the approved final plans shall occur without a Commission . amendment to this coastal development permit unless the Executive Director deterniineS that no amellOrlierit is required. • 17. WALLS;FENCES;GATES;SAFETY DEVICES AND.BOUNDARIES1NOPEN SPACE HABITAT AREAS • • . . A. AS proposed,all feneeS,gateS,safety devices and boUndary treatments within or controlling access to wetlands,environmentally sensitive habitat areas(ESHA),and buffer areas,shall he.designed to allow the free ingress,egress and traversal.of the habitat areas.of the site by wildlife,including the coyote, Where,the backyards of residences(Lots 34 through 41)abut • the EPA trail area lota.(LOts:T,Ti,V.W.ItObetorribined and re-lettered as-apprOPriatel of TTM 15377),'ihere shall be walls,fences,gates,safety devices and boundary treatments,as necessary,to contain domestic animals Within the residential development and along the approved trails and exclade'streh.aninialS from sensitive habitat area , B. The.permitte.e shall undertake•development in accordance with-the approval final plans. Any proposed changes to the approved final plans Shall be reported to the Executive Director. No changes to the.approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director,determines that no amendment is required. • • 18, -WATER OUALITY MANAGEMENT PLAN • . . ••• Ai The appliCant$1Tait implement the Water.Quality IVi •anagement Plan(WQMP),as propOsedand described in the document prepared by Iluisaker&AssOoiatet,dated 9/11/09;including the recommendations by GeoSyntec In the document titled Parkside Estates,Tentative Tracts 15377 and 15419,Water Quality Evaluation(Vital),dated February2009„and attached as Appendix E to the WQMP, Any proposed changes to the approvedplan shall be reported to the Executive Director. No changes to the approved plan shall occur without a Commission amendment to this coastal • development_permit or a new coastal development permit unless the ExedtaiVO•Directgrdetermines that no amendment is legally required. • Offer of dedication to the City of Ituntington-Beackof the Natural Treatment System proposed within Lot X shall be made upon completion of construction by the permittee of the Natural' Treatment'System and pribr•to oceupancy of any proposed'project residence. CONFORMANCE.OF DESIGN AND-CONSTRITCTION PLANS'TO GEOTECHNICAL REPORT ,• • • A. All Boat design and construction.plans,including all overexcayation and recompacting plans,all dewatering„foundations,grading and drainage plans,Shall-tie consistent with all recommendations. contained in the following documents. If recommendations have been revised in later.reports,the construction plans shall.be-Wititthe most recent version of all recommendations. 1. Pacific'Soils Engineering'November 25,2608)-tpdated Geotechnical•Report and 40- Scale Grading Plan Review,Parkside EstateS,Tract 1.5377;City of Huntington Beach, . -California; 31 • • Document Number: 2.015000383886 Page.: 48 of-179 1078 • - • • . •• • • 5.-11-068 (Shea.Homes/Parkside) • Adopted Findings • • • . . • 2. Pacific Soils Engineering(February 5,2000.)Response to City of Huntington Beach,: • Review Comment,Tentative Tract Maps 15377 and 15419,Parkside Estates;City Of. Huntington Beach,California; 3. Pacific Soils Engineering(May 28,2009).Update Of Groundwater Monitoring Program, Parkside Estates,City of Huntington Beach,.California:. • 4. Pacific Soils Engineering(September 14: 2009)Cover to Accompany Dewatering Review;Tentative Tract Map.1-5377,Parkside Estates,City of HuntingtenBeach, California; • " • 5,, Pacific Soils Engineering and Hunsaker.$4 Associates..(September 1,2009)Rough. Grading Plan.for Tentative Tract 15377 and Tentative nt(dt 15419;Approval in Concept 9/4/0.9,Planning Division,City of Huntingtot4 Nine Sheets; • Hunsaker&Associates(9/18/09)Orange CountyOC Public Works Department,Plans, fOr Construction of aportion of East Garden Grove—WinteraburtChannelLOCPCD Facility No:C05:from:400'feet downstream of Graham St to Downstream of Graham St.and.VegetatedFlood Control Facility(VFCF)fromNorth Side of Wintersburg • •Channel to 600 feet North Of Wintersburg.Chantel,Nine Sheets; Hunsaker&Associates(9/18/09)•Stornt Drain hnprovement Plana for Tract 15377,2 Sheets; 8. Hunsaker&Associates.(1112/1 0)Rough'Grading Plans; 9.. Hunsaket&Associates(5/20/11)Orange-County.OC Public Works•Department,Plans for Construction of a portion:.:Oftaa Garden Grove.—Wititersburg Channel,OCFCD Facility No.COS from 2100 feet:downstream Of Graham St to Downsiream.Of Graham St.and the Vegetated Flood Control.F'eature(VFPF)from North Side Of Winterabing Channel to.600 feet NOrth.of•Winteralitrg Channel,Nine Sheets; • 10,LSA.AsSOciates,.Ine.,(July 14,2011)Revised geptechnical and Archaeological. MonitoringReport;PrOjeCt No.SH01001 Phase I; • • 1 1. Alta California:Geotechnical,Inc.Oily 21,2011)"Transmittal of Fill Reinavai and Replacement Detail,Vegetated Flood Protection Feature,Parkside Estates". • B. PRIOR TO ITU ISSUANCE.OF THE COASTAL DEVELOPMENT RERMIT,the permittee. shall submit,for the Executive Director's review and approval,evidencethat an appropriately • licensed professional has reviewed and approved all final design and eOnstructiOnplans and certified that each of those final plans is conaistent with all of the recommendations specified in the above- referenced geologic evaluations approved by the California COastal.Comniission for the project site. C, The permitteo•Shell Undertake.development in accordance with the approved final plans. Any proposed-changes to the approyed:fmal plans,shall be reported to the Executive Director. No • changes to the approved.final plans shall occur without a Commission amendment to this coastal • development permit unless the Executive Director determines that.no amendment is required. . • • 20. • FUTURE DEVELOPMENT RESTRICTION . , • This pennit is.only for the development described in Coastal Development Permit No.5-11-068.. Pursuant to Title 14,Califomia,Code of Regulations,sections 1325.0(b)(6)and 13253(b)(6),:the wmpticnis otherwise provided in Public Resources Code;section 30610(a)and 30610(b)shall not apply to any of following lets of proposed TTM 15377:each of the lettered lots,and the following numbered/residential lots:.Lots 2:and 3; • 32. • Document Number: 2015000383686 Page.:.49 of 179 1 079 . . . . . . .. • • 5-11-068.(Shea Orries1Parkaide) Adopted Findings Lots 25 4.24,Lots 34.through 41 inclusive,Lot 1.and Lot 111, In.addition,the exemptions cited above shall not apply to all of TTM.15419 in its entirety: Accordingly,any future improvements on each of the lettered 'lots or to any of the single family'residential lots.listed in this condition for ITM 1017 ar.to.any portion of. TM 15419,including,but not limited to,repair and,maintenance.identified as requiring a pe.rtnitin Public Resources Code,section 30610(4'0nd Title 14,California Code of Regulations*,sections.13252(a)-(b),shall require an amendment to Permit No 541-068:from the Commission or shall require an additional coastal. development permit from the Commission Or from the applicable certified local government,unless the Executive biroctor-.0.f the Commission determines that no amendment or new permit is required. .ASSIEVIPTION OF RISK • By acceptance of this permit,.the permitted acknowledges and.agree§(i).that the.site.-may be:suhjectto hazards from flooding,tsunami,liquefaCtiOn and earth movement,(it)to assume the risks to the permittee and the property that is the.subject of this permit of injury and damage from such hazards in connection with this permitted development;(iii)-ta unconditionally waive any claim of damage or liability against the COMinisSitt,ItS.Officeta,.agents,.and employees for injury or damage from such hazards;and(iv)to indemnify and harmless the Commission,its officers,agents,and employees with respect to the Commission's apptovatof the project against any and.all liability,claims,demands,damages,costs.. (including CoStS'andlees,inctored In defense of such claims),expenses,and amounts paid in settlement' arising from any injury or damage due to such 110.ntda.. 22. LIABILTIY FOR COSTS AND ATTORNEYS FEES The Permittees shall reimburse the Coastal.CommiSSion.in-full fat all Coastal COnIndSsion.COSts and attorneys fees--including(1)those charged by the office of the.Attorney General,.and(2)any court costs and attorneys fees that the.Coastal Commission maybe required by a court to pay that the Coastal Commission incurs in connection with the defense of any action by a party other than the applicant against the Coastal Commission,its officers,employees,agents,successors and assigns challenging the! aPproVal or issuanee of this permit The Coastal Commission retains complete authority to conduct and direct the defense of any such action 4goilstihocoastatc•imnission. 23. COMPLIANCE:. All development shall occur in strict compliance-with the propOsal ea.set forth in the application for.permit, subject to any changes approved imthisspermit and subject to any approved revised Plans provided in compliance with the Special Conditions of this coastal development permit Any proposed change from the approved plans must be reviewed,and approved by.the Executive'Directot to determine if an arnendtrient or • new permit is necessary. 24. LOCAL GOVERNMENT APPROVAL. • Except as modified.by the conditions..of this coastal development permit;all requirements and conditions- approved-and imposed by the City of Runtington Beach upon the proposed project remain in effect • 25. WITHDRAW-PROJECT APPROVED BY LOCAL GOVERNMENT By acceptance of thisperinit,the applicant agrees to:withdraw the application for development of the subject site approved by the local government and to abandon and extinguish all rights and/or entitlements that may exist.relative to:the City's approval Of a project at the subject site that is the.sohjeet of Coastal Commission Appeal Isio.A-5,HNB-02-376. 33 Document Number: 2015000383686 Page.: 50 of 170 • 1080 • . . • • • • ••• •- •-• •• • • • • • . . .(Shea FicimOs/Parkside). Adopted rodngs • • • • '• 26. GROUNDWATER AND.SUBSIDENCE MONffORING • A. Prior to issuance of the.coastal development permit,.the.applipant shall subinitI,or•the review and approval:Of the BiceetititioDireet0;. gronndWateraticl Siitisidence Monitoring plan•for the•Propoted - deVelopenent. The monitoring plan.must includethe requirement that if the monitoring reveals that .drawdown to.-8.feet(MSI.14AVD.88),has.oecurred along the northern property line or to.-19.feet(MSL NAVD 88)atthe•SOlitheast corner of the site.and/or that 1/2 inch of subsidence has.occurred either at northern property line or in the Southeast corner of the site all groundwater pumping shall-cease Immediately. In addition,the monitoring plan Shall,.at a•minimum,establish methods for monitoring the groundwater drawdown.and'..subsidence At.the site'along the nOrthern.prOperty line and the southeast corner bf the site and thumininium numberandlocation•of monitoring Wells. The methods of monitoring must include,but are not litniteilto,:the frequency of monitoring,the party(ieS):reSpenSible. for conducting the monitoring,:preparation of a mitigation plan addressing any identified impacts resulting.from site dewatering:and/or.subsidence„and .0.11 preparing anci.stbinitting the • re4nireil,mitigation plan to the Executive Director:•The mitigation plan shall be requiredif any ofthe above thresholds are met,and shall be submitted,pursuant to.a recitiest.for an amendment to.this coastal. development permit e The-mitigation plan shall address any impacts arisingfrom the identified groundwater drawdown andiOr sUbSidence.. • • B. The Pertnittee shall Undertalcc•develelltnent Ill accordance with.the approved final plans,. Any proposed, chariges.to the approvedfirial plans shall be reporteclto the.Exedutive Director: No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines thatno amendnient is.required., • 27. INSPECTIONS The COMMission staff shall be allowed to inspect the site and its development;subject to 24-hotir advance notice. . . 18. BURROWING OWL INSPECTION PLAN Prior to issuance of the coastal development permit,the applicant Shall subinit to the Executive Director. forreview'and written approval,'avian,prepared in consultation With the California Department•OfPiah and Game.(CDPG);to implement the fellowing; • • • . • Prior to issuance of the CDP,the applicant shall implement the non-breeding and breeding season survey protocol provided in the CDFG Staff Report On Burrowing Owl MitigatiOn,(IvierCh 2012). Survey results will be reported to.the Executive'Director. If surveys indicate substantial Use for at least three weeks of the Parkside°Estates project area,i.e.sustained use of one or more burrows during either the non-breeding or breeding season,the mitigation measures identified in the.CDFG Staff Report will be implemented, specifically to avoid direct•impactslonccunied burrows or to natal burrows during•the•breeding season. -• This survey procedure shall be.repeated.30Idays•prior:to.the beginning of construction: • • liabitatmitigationin accordance with the.protgool,ifindkatedby positive results of either survey,.will be included within the Habitat Management Plan(HMP)area;anciffie•fmallimp shall include modifications to enhance the potential for utilization of the HMI area by burrowingOwls. Specifically,the fIMP shall. include a section detailing the.location and specifications for two artificial nest structures,designed.for the, • burrowing owl for each burrowing owl using the area. Vegetation plans in the vicinity of these structures shall contain species appropriate to native California grassland and coastal sage communities in coastal 34 . • Document Number: 2015000383686 Page.:.51 of 179 1081 . . . . , 5-11-068(Shea Horne.s/Parkside) Adopted Findings Southern Californiaateas. ConSideration will be given to more open and sparse vegetation;suitable for - burrowing owl foraging;for the review and approval of the Executive Director. IV: FINDINGS AND DECLARATIONS • - NOTE: The findings for denial,of the Land Use Plan as submitted are incorporated as if fully Set forth herein(HN13-1vIAI-1.-06,5/10/07).. In addition,the findings adopted by the Commission in approving the Land Use Plan Amendment for the subject Site(HNB-MAJ-1-06,41114/07),and the findings adopted by the Commission in the Implementation Plan Amendment with suggested•thOdificationl for the subject site(liNl3.MAJ•4240; 10/13/10)are also hereby incorporated by reference as though fay.set forth herein. • A. Project Description The applicant proposes to.subdiVide ariappit xiniately.50 acre:site to create 1.11:new numbered lots. (proposed Lots 1—111)in order to accommodate construction of.111 new single family residences. Proposed lot sizes range from 5500 square feet to 11,742 square feet. The sizes of the proposed residences range from 3109 square feet to 3704 square feet(see:exhibit:19). Also proposed are public toads,sewer system and.replacement sewer lift station;and storm,drain System: Related dry utilities to serve the proposed residences including water,gas,and electric are also proposed, The applicant further proposes developing landscaped:open space pockets within the residential area to be maintained by the proposed Homeowners Association•(1-10A),as well as construction and: k dedication to.the City of a one(1)acre public active park(proposed Lot A)which is proposed to be maintained and managed by the f-JOA,, A public trail,system throughout the development linking Graham Street,the subject site and surrounding area with the existing public:trails within and surrounding the Bolsa Chita Ecological Reserve. The above desertheddevelopment is proposed to • be constructed within the approximately 26.7 acre area of the subject site land use designated and zoned for low density residential development. See Exhibit 4 for the layout of the proposed subdivision. Construction and establishment of habitat and wetland preservation;creation,and restoration;as Well as a 06 acre passive public park(proposed Lot$)are proposedwithin the 23.1 acre area land use designated Open Space Conservation and zoned Coastal Conservation. In addition,within this, .conservation area,construction of a flood protection feature known as the Vegetated Flood . Protection.Feature.(VFPF)is proposed.at the western side of the subject site within the 1.5 acre proposed Lot Y.The VFPF is proposed to be dedicated in fee to the County of Orange,Public Works Department. Also proposed within the•conservation area is construction of a Natural ' Treatment System(NTS). The NTS is proposed within the 1.6 acre proposed Lot X. The NTS is proposed to be dedicated in fee to the City of Huntington Beach. The passive park,VFPF,and NTS are Specifically identified-in the certified land use plan as allowable uses within the conservation area on site. • , . The applicant also proposes,,within the Orange County Flood.Control right-of-way along the East Garden Grove Wintersburg flood control channel(known also as the CO5):reconstruction of the • north levee.froth Graham Street west to the proposed VFPF;a public Class 1'bike and pedestrian • 35 Document Number: 2015000383686 Page: 52 of 179 . 1082 . „ . . . • 5-11-068 phea•Homes/Parkside) Adopted Findings trail atop the reconstructed north leVe installatien/construction of storm drain pipe Creasing under the flood control channel,improvements'tO.the south levee as needed to accommodate the storm. drain pipe crossing,and improvements to the City's Slater Pinup station, Removal of the Slater. bridge was also originally proposed;but that was tudaded in Orange County's approved coastal development permit 5-094209 for repairs and improvements to the south levee of the Co5 channel The subject site was the subject of Qity Of Huntingtoni3each Land Use?Ian Amendment 1.-06 (Parkside).and Implementation Plan Amendment 2-10(Parkside). 1. Subdivision The sUbjectsite is.currently coinprised of 3 lets; One approximately 4$.34 acre lot bounded on the - • • east by Graham Street;on the-north by residential development that fronts Kennilworthpriyei on the south by the East Garden Orove.WinterSburg flood control channel(Co5),and On the west by the second lot;the secondlot appro)dtnately.1,0 acre and•is bounded by the first lot to the east, the Co5 flood control channel to the south arid the third lot to the west;°and the third lot is approximateIy'3.5:acres and is hounded:by theseCinid lot to the east;the Co5 flood control channel . to the south,and Oft-site openspaCe to the west and north(see.Exhibit 10). The proposed development includes two tentative tract maps: Tentative Tract Map:(ITM)No. 15419 arid Tentative TraCt MaP(TTM)NO. 15377. Proposed TTM 15419 Would Create,a - approximately 4.8'acre parcel fOr open space usein the westernmosttorner of the subject the; The parcel that is the subject of TTM No. 15419 is located entirely within a portion of the area designated/zoned Open Space Conservation/Coastal Conservation. The southern eucalyptus environmentally sensitive habitat area(ESHA)and the wetlands known as the CP wetlands are located within this area. Uses proposed within proposed Lot A of TTM 15419 include restoration Of the wetland area believed to have been filled without a permit in the early late 1970s/early 1980s, .and preservation of the area known as the CP wetland and the area known.as the southern eucalyptus ESHA will be preserved..The remaining area within proposed Lot A is proposed be wetland buffer area and restored coastal sage scrub habitat This area is included within the proposed Habitat Management Plan(HMP)described in greater detail blow. Proposed TTM No. 15377 includes,all the Otherproposed lots including 111 numbered single family residential lots and 29 lettered lots. The residential lots will occupy 16 acteS. Proposed lettered lots are as follows:(note:all lettered lots are proposed to be dedicated on the tract inap) Lot No. Use , Dedicated to Maintained Conveyed Area By via (acres) !. „ . . . . , 1 111 Single Family Private Private N/A 16 Acres TTM Residential Lots (total) 15377. (5500 sq.ft.minj • 36 Document Number: 2015000283686 Page::53 of 179 1 083 . _ 5-11-068 (Shea Homes/Parkside) Adopted Findings • • Offer to A Active Park City in fee HOA and• Dedicate 1 Acre TTM City (OTD)in 15377 •fee to City; dedication on tractmap Sewer Lift Station; City in fee City OTD in fee 0.04 Acre • TTIVI 10 foot wide public for sewer • 15377 access easement lift station 84 10"wide • public . access; dedication on.tract map • C (1)Sidewalk; (1)80A-in-fee (1)H0A and CC&Rs; TTM (2)Public trail/access (2)OTD City dedication 15377 path/landscaping easement to the (2)BOA on tract map I City (2)OTD; • • dedication on trail map • D. Public trail from Lot C HOA in fee; -110A OTD; . •TTM to interior street trail OTD to the • dedication 15377 City on tad hap •. Deed E—M Landscape Lots HOA in fee HOA restriction; 0.5 acre TTM Within residential • CC&Rs; 15377 common area dedication on tract map • deed • O—R (1)Paseo Park (1)HOA(in HOA restriction; 1.8 Acres TTM (2) 10'wide public fee) CC&Rs; 15377 access easement (2)OTD to dedication • City on tract Map . • • -(2)OTD • easement to the City;• • dedication on tract map • 37 • Document Number: 2015000383886 Pago: 54 of 179 1084 , . • • . • ' • 5-1.1-06.8 (Shea HomesiParkside) • , • Adopted Findings . . . . • , . OTD trail . N Pedestrian.Access HOA in fee HOA easement to 0.1 Acre TTIVI (levee trail connectors) • the,City; 15377 :&Drainage - dedication on tract map . . . • . • W ' :Pedestrian Access :OTD trail 1 • TTM (levee id:MIA-trail) 'HOA in fee HOA ' • atenidnt tO 15377 City; Ccedts; • dedication • on tract map . ., .. . . • • . • S Passive Park City in fee • HOA and Offer to 0.6 Acre . • • TTM ... City; Dedicate in. 15311 = - fee to City; • . Dedication • , , - ontrabt map . . . . T,1,1,.y Open Space. HOA in fee HOA OTD 0.6 Acre . • TTM PUblieAccesS( PA easement to I. . 15377 Trail) . ' City, . - . CC&Rs; dedication - - on tract map . , . . . . . . X III's. City in fee City Offer to 1.6 Acres TTM Dedicate in 15377 ., • fee to City; • • • Dedication on tract map Y VFPF County in fee County . Offer to 1.5 Acres TTM . DediCate in 15377 • . . . fee to • County; Dedication on tract map . . , • • • • Z Wetland Area HOA in fee HOA Deed 5.1 Acres TV. Wetland . restriction; • .15377 Restoration/Creation . • CC&R.s; Includes Combined: dedication . . • . • , 38 • Document Number: 2015000383686 Page: 55 of 179 . . 1 085 5,11,068 (St Homes/Parkside) Adopted Findings EPA.&,AP wetland ' on tract map areas, • AA RestOration/Creation HOA in fee HOA. Deed 5:41 Acres TTM AP/EPA Wetland, restriction, • 15377 Buffer Area • CC8611,S; dedication On tract map Deed Open 110A in fee. HOA „restriction; 37 TTM Spate/Cons-ciliation, CC&Rsi: 15377 R.estoration/Cteatieth :dedication AP/EPA Wetland; on tra:ct map Habitat Restorationateservation Wetland and ESKA: buffer: includes northern eucalyptus ESFIA CC Open Space BOA in fee HOA Deed 0.4 Acres TTM Informal Trail at restriction, . 15377 western end of northern CQ&R.s; property line: dedication on tract map Public streets& Street"A" landscape dedication • Street: sidewalks;entry dedicated in fee Maintained by on tract "A" landscaping to City; .HOA Map; landscape area. CC&Rs to HOA; (entry landsaping) Streets Rubino streets& City City Dedication 93"— sidewalks on tract map "F" TTM 15377 • - 09 Document Number: 2015000383686 Pagq: 56 of 179 • • 1086 • 5-11-06.8.(Shea Hones/Parkside) •Adopted Findings Proposed'ITM No; 15419 includes: . • . • • • Lot No. Use • Dedicated to , Maintained Conveyed Area in By via Acres Lot A Open Space .1710A in fee HOA Deed 4:8 acres TTM • Habitat/'Wetland . restriction, 15419 Restoration/Preservation, dedication Includes•Southern • . ' on tract • EucalyptusISHA;.CP , • map; • Wetland • CC4Rs • • • . • • • ASide•front the NTS(Lot X),Active.Park(Lot A),Passive Park(Lot S)and sewer lift station(Lot 13)all to be dedicated in fee to the City of Huntington Beach,and the VFPP(Lot Y)proposed to be, dedicated to the County ofOrange;a11 other lettered lots will tie transferred in fee to the proposed HOA fOr ownership.and maintenanCe. 2. Residences • The proposed project includes construction of 1.11.single family residences,ranging in size from 3109:square feet to 3704 square feet on lots ranging.in size from 5500 square feet to 1. ,7ka square feet: The residences are proposed to be two stories,approximately 24 feet above finished grade • with attached-either two'or three car garages.(See'exhibit 19). • • • SubdiviSion Entry •The main and vehicular entry into the subdivision is located at Graham Street at the northeastern side of the Property; A landscaped median is proposed as well as entry Monutnentation and "enhanced paving". Enhanced paving Would involve decorative Stamping and/or coloring of the concrete paving within he entry area streets, Southern-Magnolia and Coral trees are proposed within the median,as Well as shrubs and ground cover not currently identified Also proposed in • the median are a stone planter and a 5%feet high by 15 feet long monument sign wall. The monument sign wall is proposed to say Parkside and includes two lanterns on.either site. Also proposed are two entry arbors on either site of limped leading into the develOpment. The entry arbors are proposed to be 10 feet tall, 12%2 feet wide and 22 feet deep. The arbors are proposed to be open on the sides,with a total of six stone columns each. The roof is proposed to be Wood and beam,with lattice on top. A 1%by 1 foot public access trail sign is proposed atop a 5'6"post on the north side of the entry. Lettering on the proposed public access sign is approximately 2 inches high. Southern Magnolia and Coral trees are also proposed in the side entry areas. Around the proposed entry arbors,queen palms and turf grass(seashore paspalum)are proposed to be planted. 4. Other Proposed Development 4 Landscaping Within Residential Area • 40 Document Number: 2015000383586 Pagp: 57 of 179 1087 5-11-068 (Shea Homes/Parkside). Adopted Finding Each residential lot is proposed to be planted with one'each of the following types of trees;Sweet Bay,New Zealand Christmas tree,goldMedallionTree,and Pink Trumpet Tree. A single tree type is assigned to•each of the proposed streets. No further'landscaping is proposed within the residential lots at this.time;though..itds expected in the future Lots B,.F,G,H,f,.1,K,L,.and M are proposed as narroW landscaped pockets where residential side • yards abut streets: Theselots.are proposed to be landscaped with Queen Palms,Crepe Myrtle; GOlden Trumpet Tree,Bronze.Loquat trees and turf block between the sidewalk and the curb. . B. PrOlect.Lotation,Site Description&History The site address is:17301 Graham Street;Huntington Beach,Orange County. (See Exhibits 1 and • 2), It is bounded by Graham Street to the east,the East Garden Grove Winteraltrg Flood Control Channel(C05).to.the south,the currently undeveloped sites immediately to the west known as the Goodell site,and the Ridge site,and.existing residential'uses to the north along Kenilworth Drive). The developmentto.the north is located within the Cityi The land ta•theUorth and to the east the . project is located outside the coastal zone The areas located east of Graham Street,South of the Co5,and immediately north of the subject site along Kennilworth Drive are developed with low density residential uses. TO the northwest is a multi-family condominium development known as Cabo del Mar the southwest of the subject site lies the B.olsaChic.a Ecological Reserve. West of the goodell and Itidgeproperties,.acrOas Bolsa Chica Roads,is the site known aS:Brightwater,a development of 349 residential single family homes(approved pursuant to coastal development permit 5-.05.-020), The Brightwater site,the Goodell property,and the Ridgeproperty are located atop the Boise Chicainesa, • The majority of the site is roughly flat With elevations ranging from about 1,9 feet(MSL NOD 88) US approximately 44 feet(IvISL The WeStern portion of the site is a:bluff that rises approximately 49 feet.(MSL NAY)) 88)to the Bolsa Chica mesa, The CO5 levee at the site's southern border is approximately 12 feet above mean sea level(MSL NAV.D 88). The majority of the subject site has.been more or less continuously farmed dating back to at least the 1930s. Presently;farming continues'on the subject site. . . Historically, this site was part of the extensive Bolsa Chica Wetlands system and was part of the Santa-Ana River/Bolsa Chica coMplex. In the late 1899s'the Bolsa Chica Gun Club completed a dam with tide gates;which eliminated tidal influence,separating fresh water from.Salt Water. In the 1930s, agricultural ditches began to limit fresh water on the site, and in 1959; the East Garden Grove-Wintersburg Flood:Control Channel.(EGGWFCC)isolated the:site hydrologically: In its actionon the LUP amendment:for the subject site,the'Commission found thatmetlands were present on site, In addition,the Commission found that additional wetlands would exist on site were it not for either unpermitted All activities or farming activities that converted wetlands to dry lands, Any activities,whether normal farming activities or other,that result in the fill of wetlands .cannot be exempt from the need to obtain approval of a coastal development permit Unpermitted development cannot be used as a basis to justify.development in areas where,were it not for the unpermitted development,suCh development would not be consistent with the requirements of the • 41 . • • Document Number: 2015000383086 Page:.58 of 179 • 1088 •. . „ . . . 5=11.-068 (Shea.HOme.s/Parkside) Adopted Findings .Coastal.Act. Consequently,the Commission found that both.the ateas.thatinet the definition of . wetland atthe Site as well as:the area that wotikl.have met the definition-of wetland were it not.for unpermitted..aCtiVity,must betreated•as.Wetland in terms of uses allowable within'andadjacent to these areas. The applicant acknowledges the Commission's wetland determination for the subject . site and propbses to preserve existing wetiand and restore those areas lost due to imperrifitted development The wetland preservation and restoration is included in the proposed Habitat ManageineritPlan.(HMP),described:in greater detail later iirthe Staffteport. In addition;on the sites western.bonridary, generally along the base of the bluff;are two groves of Eucalyptus trees: The trees are used by raptors for nesting,roosting,and aS.:a base from which to forage. These two eucalyptus groves were recognized as environmentally sensitive habitat areas (ESHAs)by the CbinitiSSiOn in its.approval of the Land Ilse plan and...InipleinentatiOn Plan ameridthents, They are known as the northern eucalyptus ESHA and the southern eucalypti:is, • :ESHA..r C. Penult.&.LCF History of the:Site TheICP for the City Of IluntingtOriBeach,with the exception of two geographic areas,was. effectively certified in March 1985: The two geographic areas that were deferred certification were the subject site(known then as the MWD site),and an area inland of pacific;COast.Highway between Beach Boulevard and .Santa Ana River mouth(known as.the PCH ADC).. The subject site is northeast of the Botsa Chica.LCP.area: At the time Certification was deferred,the subject area was oWned:by the MetropOlitan Water District-(MWD). The-site has:since been sold by:114WD and is currently owned by Shea Homes. Both of the ADCs were.deferred certification due to. unresolved wetland protection issues. The PCH ADC was'certified by the Commission in 1995., The wetland:aroas•of that former,ADC are land use designated Open Space Conservation and zoned:Coastal.Conservation. Acomprehensiveupdateto the City'S.LUP..Wa.s certified by the.CommiSsion on June 14,2001 via. Huntington BeaehLCP.amendrnent 3-99, The City also updated the Implementation Plan by replacing.it with the Zoning and Subdivision.Ordinance(while retaining existing specific plans without changes.for areas located Within.the Coastal Zone). The Updated Implementation Plan was certifiedby:the Coastal Commission in April 1996 via LCP IP amendment 1-95: Both the LIR update and the IP update maintained the subjeet site as an area of deferred certification. An LIP amendment for the subject site:(1iNB-IvIAJ-1-06).was approved With.suggested modifications by the Coastal Commission on November 14,2097. The city accepted the suggested modifications and the LLIP amendment was effectively certified in Angust.2098-, All - Implementation Plan amendment(HNB-IvIA,T- -1.0)was approved with suggested modifications by. the Coastal Commission on October•13,2010. The City has accepted.the suggested modifications, the Commission concurred with the Executive Director's determination that the City's action was legally adequate on November 3;2011,..andthe area is now effectively certified. In the course of processing a coastal development permit for the proposed development as well as earlier-versions of development proposals;a number of applications have been submitted and • 42 Document Number: 2015000383686 Pe90.:.59 of 179 1 089 • • •• • • •• . . 5-11-06B (Shea Homes/Panside). • Adopted Findings. • • subsequently withdrawn. Originally,the applicant's intent was to.processtlie:coastal development permit application concurrently with the LC.P.amendrnent for the subject site.. However,it became clear that it was necessary to finalize Appropriate land use areas within the subject site via the•LCPA procesi prior to.acting on a development application. • The.current coastal dey.ploptilett permit application(54.1-060 was.originally Submitted as 5,-09, - 14; 82 was withdrawn in order to alloW'additional time to review the proposal.. It Was: subsequently resubmitted-as the subject application Coastal development permit applications for different development plans at the.subject site that have been submitted and subsequently withdrawn in the past include 5,06-327,5-06-021,5-05-256 and.5,03-029r(SheitHotnes)., In Addition,an appeal of a City approved permit for the Certified area of the subject site was filed(A-. 54INB-02376). The appealed action remains pending,but the applicant waived the deadline for the Commission to act on the As-a special condition of this permit(Special Condition NO. 25)the apPliaant.is required to withdraw that permit application at the local level,thus making that. application and related appeal moot.Further;the applicant of the proposed development from the City-approved perinitthat.Was appealed(A-54INE.02-376)in the current subject proposal.before the Commission. Di Standard of Review The subject property issituated in the coastal zone such that it governed by two permitting jurisdictions—the Commission's original permit jurisdiction and the City of Huntington Beach's jurisdiction,subject to its recently certified LCP.As noted above in the Executive Summary, regarding the stipulated remand,both the Cornmissionandlhe.applicant agreed that Commission • -staff shall make the mile'recommendationof approval with conditions that it had made in connection-with the October 6,2011 hearing on the subject application and to apply,as the standard of review,boththe Coastal Act and the City's recently certified Local Coastal Program to the Parkside Estates Property.Thtis,.for the areas of the subject site that are within the Commission's original jurisdiction,staff will apply the Chapter 3 policies of the Coastal Act to determine whether or not the proposed development is in conformity those policies Whereas,for areas of the.subject. site that are within the City's certified LCPiurisdiction,staff will apply the recently certified LCP provisions,to determine whether or not the proposed development is in conformity with the applicable provisions in the certified LCP. For purposes of clarification,the areas subject to the Coastal Act standard of review include the area.of the County's Co"flood control channel right of way while all other gretis of the proposed development are subject to the City's certified LCP provisions. • • 4 The staff report and CornmiSsion findings.from the 1982 LIJP-certification are not entirely clear about how much area was...deferred certification: However,a portion of the subject site may have:been certified at the time of the City's LCP certification The Coniinission does not;in this report take any position on the issue of what area was certified before. the City's submittal of its LCP amendment and what area remained uncertified pending the controissioo's certification of the LCP IP amendment for the site. In any case,the City clearly depicted this area as being subject to its LCP amendment(through the exhibit to its resolution)and;clearly"resubmitted"any portions of that area that may have been Certified: Therefore,the issue is moot since,both,the current application includes the proposed development in the appalled development(k-541MB-02-376):and ConirniiSion.staff is using the City's recently certified.LCP provisions to approve the development ftglil the previously appealed City-approved permit. • • • • 43. Document Number: 2015000383686 Page:.60 of 179 1090 . . . . . . . . . . . • • • . . . . . . • • 5-11-068 (Shea Harnes/Patkeidej. • Adoptecl.Findings • • • • . • • Additionally,.section 30604(c)of the Coastal:Act provides thatevery•coastal.development permit issued for.any development that lies between the nearest publicroad and the'sea or the shoreline of any body of water located within the coastal zone shall include findings that the development is in conforMity•With the public access arid public recreation policies of Chapter 3.'of the:Coastal.Act: • Therefore,staff must find that the entirety Of the proposed develOpmentia.inconformity with the public access and public recreation policies of the Coastal Act because the entire subject site lies between.the nearest public road and the sea. • E. Public.AeSs . • • • . Section 30210 of theCeastal Act states:. • in • carrying out thereqUirement Of Section 4 ofArtieleX•of thc CalVornia ConStitutioni maximum.access, which shall be.cOnSpicuouSlyposted and recreational opportunities shall be providedfor all the people cOnSisteritivithPUblic-Scifety needs and the need to protect publicrights; rights Ofprivate property Owners.(aid:natural resource areas from overuse. •Section 30252.of the Coastal Act states,in pertinent part: • . . The location.and amount ofitemrdeVelopMeht should Maintain and enhance public access to . the coast by...P).providing nonautomobile'circulation within the development, N providing adequate parking facilities or providing substitute means.of Serving the development with public transportation, ()assuring that the recreational needs Ofnew residents will not overload nearby coastal recreation areas.by correlating theamount of • development'With local park acqiiieltion and.developmentplaris with the provision of onsite . recreational faCilities to serve the new:development . . Coastal Ad.,Section 302124 states: • • • • • Wherever appropriate.andleasible,public:facilities, including parking areas or facilities,. .shall s be distributed throughout an area so as to mitigate against impacts, social and: • otherwise, of overcrowding or overuse by the public in any single area. - Coastal Act aection.3 0213.states,in pertinent part: Lower cost visitor andrecreational facilities shall be protected,encouraged, and where feasible,provided. Developments providingpublic recreational opportunities are preferred. • Coastal Act Section 30223.states,: . • • • Upland areas necessarytasupport doastatrecreational uses shall bereservedfor such.uses,. Where feasible. . . . In addition,the City's.certified,LUP contains the following poliCies regarding Public access: • 44 • Document Number: 2015000383686 Pogo:.61 of 179 • • 1091 , . . . . . . • •-- • • . . . . • 5,11-068 (Shea korne.s/P.arkside) Adapted Provide coastal resource access OpportiMit les for the public where feasible and in. accordance with the California Coastal Act requirements. Encourage the.userfCity and State beaches as.a destination pointfir-bicyclists, pedestricfns,shuttle...systems and other nom-auto oriented..transport, • Encourage the utilization of easements and/or-righti-of-way along flood control:channels,. public utilities,railroads and streets, wherever practical,for the use of bicycles and/or pedeStrian.:-(e.MPhaSiS added).. • • Maintain:existing pedestrietnfacilities and require new development to prOvide pedestrian •walkwayS andbicycle routes between developments. ' • . . Linkbitycleroutes Withp.edestrian trails andhus.rputes to promote afrinterconnected systeM, • Develop a:riding-and hiking trail network and suppartfacilities that provide linkages within the.COastat Zone where feasible and apprppriate. Balance the supply ofparking with the demand for parking.. Maititainan adequate supply ofparking.that supp.orts the present level of demand and allow. for the•expected.increase in private-transportation use. . Maintain an4ophance, wherefeasible,..etiSting shoreline and Coastal resource a.ccess.sites. Promcteand prOvide; where:feasible, additional public access, including handicap access, ,• to the shoreline and Other.coastal?tourers. Promote publia access to.coasted wetlandsfor limited nature study,.passive'recreation.and other low intensity uses that are compatible with the sensitive:nature of areas. Maintain and enhance, where.necessary, the coastal resource signing program:that - identifiespublic-access points, bikeways, recreation areas and vista points throughout the Coastal Zone. Preserve,protect andenhance,..Where.ftasible, existing public recreation sites in the.Coastal Zone, Ensure that new:development and uses provide.a variety of recreational fatilitieS for a range of income groups, including low cost facilities and activities: • Encourage,, where feasible,facilities,programs and services that increase and enhance • public recreational opportunities in the.Coastal Zone 45 . . • Document Number: 2015000383686 Page:.62 of 179 1092 • . • 5-11-068 (Shea HoinettParkSide) . Adopted Findings Promote and:support the implenientation ofthe proposed Wintersburg Channel Class I' Bikeway. . Public access and recreation pOlicies and standardS'approved by the Coastal'.Commission via Land Use Van amendment 1-06 specifically regarding the Subject site inClUde: • 'The prOvisionof a ptiblie access plan as follow s: A development plan for this area shall .y. include: A Public Access-Plan, including, but not limited to the fOilOwingftatures: ClassiBikeway(paved off-road bikeway;for use by bicyclists,Walkers,:joggers,roller skaters, and strollers)along the north levee of flood control channel Ila wall between residential development(4na.the Bikeway.is allowed..it$hall include design features such as landscaped screening nanrlipearfaoWint, decorative design elements. and/or other features to soften the visual:impact as viewed from the Bikeway. •:• Public vista point-with Views toward the Balsa Chico and ocean consistent with Coastal Efementpolicies C 4.1.1 C 4.11, and C 4.23, + All streets shall be uhgated,public streets available to the general public for parking; vehicular,pedestrian, and bicycle access. All public entry controls(e,g, gates, , gate/gitard.houses,guards,:signage, etc)and restrictions on use by the general public (e.g.preferential parking district*, resident-only parking period4errnits, etc) associated with any streets or parking areas shall be prohibited. • Public access;rails to the Class'Bikeway, open space and to and within the subdivision, connecting with trails to the Balsa Chico area and beach beyond • Publicaccess signage. • When privacy walls associated with residential development are locatedadjacent to public areas they shall be placed on the private property, and visual impacts created by the walls shall be minimized through measures such as open fencing/wall design, landscaped screening, use of an undulating or off-set wall footprint, or decorative wall features('such:as artistic imprints, ete.) or a.combination of these measures' As Well as the following:, • • • Uses consistent with the Open Space-ParkS designation are allowed in the residential area. and The 50 acre site(located west of and adjacent to Graham Street and north of and adjacent to the East Garden Grove Wintersburg'Grange County flood:Control Channel)known as the "Parkside"site affords an excellent opportunity to provide a public vista point, A public vista point in this location would provideexcelient public views toward the Bolsa Chica and Ocean. Use of the public vista point will be enhanced with construction of the Class'bike path along the flood control channel and public traits throughoi#the Park:Fide site. Polley e 2:4.7 • 46 • Document Number: 2015000383686 Pago: 63 of 179 • 1093 . . . . . . . • " " " • 5-11-068 (Shea HomeS/Parkeide) Adopted Findings • • • 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 op all streets throughout the entire subdivision. Private entrance gates and private streets skill be prohibited: All public . entry controls (eg. 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 streets orparkingareas.ihall b.e prohibited;:. Section:30604(c)of the.Coastal Ad provides that every coastal development permit•issued for development that lies between the nearest public road and the sea or the.shoreline of any body of .. water located within the coastal zone shall include findings that the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, The 50-acre Subject site is located adjacent to the.Balsa Chico:Ecological Reserve;A:tidany influenced body of water andtherefore,the sea as definedtMder the Coastal Act Section 30115 and*City's certified LCP; (See Exhibit 7). The East Garden GrOve4VintersburgFlOOd Control,Channel and its banks separate the subject property from the Balsa Chica Ecological ReServe(BCER). The BCERiat approximately 1i000 acres,is the largest remaining wetland in Southern California. Because there is no public road'between the subject site and the Bolsa Chica wetlands,the Site is between the sea and the first public read,.therefore requiting the Commission to„consider public access..and public recreation policies in its decision. Given the prominence of the adjacent Balsa Chita wetlands,appropriate public access and passive recreational opportunities must be provided and conspicuously posted, Further,both the Coastal Act and the City's certified LCP gives priority to land uses that provide opportunities for enhanced public access,public recreation and lower cost visitor recreational uses. Section aom of the! Coastal Act mandates that new development provide public access from the nearest public roadway to the shoreline, This emphasis has been carried over into the City's certified LCP. In addition,the certified LCP policies and standards specific to the subject Parkside property also require the provision of public access and recreation amenities, In certifying the City's LUP arid in its most recent LCP actions regarding the subject site,the Commission recognized the importance of maximizing public access to the shoreline from the project site by requiring that adequate parking and alternate means of transportation,low cost recreational uses,and public access signage be provided. Beyond the Bolsa Chica Ecological Reserve:are the Pacific()dean and its sandy public beaches: Thus,public,access across the subject site to the Bolsa Chita area would,in turn,facilitate public access,via alternate means of transportation(bicycle and pedestrian),to the ocean beach.- • The proposed development will'provide alternative means for accessing the coast,consistent with the requirements of Section 30252 of the Coastal Act and the access.and recreation policies of the City's certified LCP, There is no public parking available on PaCifio Coast Highway adjacent to the reserve. The visitor serving uses available within.the Balsa Chica Ecological Reserve(such:as walking,nature study;or bird watching)are served by only two small parking areas. One located at the.Interpretive Center at the corner of'Warner Avenue and Pacific Coast Highway,and the second 47 Document Number: 2015000383686 Page: 64 of 179 1 094 . . . . . . . . . . . • • 5-11-068 :($1.1ea..ilomss/Parkside). Adopted Findings • • at about the midway point:along the reserve's Pacific Coast HighWaY frOntqge. The placement and amount of the proposed newdevelopment will maintain and enhance public access to the Coast. Namely;it will.provide the public,with alternate foiMS.Oftranspoitation.to access the BCER atea, such as.biliing.:.othiking.from inland areas i There is also.I1.lack of adequate parking to.serve the BCER which is h limiting factor in maximizing public use of the reserves amenities, Thus, allowing the general:public to park on the streets of the proposed development and use the accessw.ays•leading to the surrounding recreational areas will ensure that the project maximizes ptiblie.necess to:and along the coast. It is.also important to note that the Brightwater residential.development,..approvedby the Coastal Commission under coastal development permit 5-05-020(Bnghtwater),is located less than one half mile vest of the subject site.. That development was originally proposed as a private,guard gated community However,as.approved by the Commission the project is open to gperal ppblic. vehicular and pedestrian access,also allowing public parking on all subdiVision.Streeta: Also,.as. approVeaby the Commission the Brightwater development includes a public.trail along the bluff edge of the development;with public'paSeos.and pocket parks throughout. The Commission's • approval.of the Brightwaterprojectalso.required public Aaess,sigii4ge.,which has been provided. In approving the Brightwater development thetertuniSsiOn "The proVisionofpu.blie access in.:new development proposals A'ane of the Main tenants of the coastal Act, especially in conjunction with new:development located between the sea and the firt public road, such as the subject project. The 225-acre Balsa.Chica Mesa is located between the first public road and the mean high tide of the sea, At roughly 50 ft. above mean sea level,,spectacular views of thewetiands and the associated wildlife and uninterrupted views of the Balsa dhica Mesa. Santa Catalina Island is also often visible from the project site: The Balsa Chica Wetlands at approximately LOX).acres is the the largest remaining wetland in Southern California Following the 1.9.0-State acquisition of most of the remaining wetlands that were under private ownership, a comprehensive Balsa Chica • wetlands.restaration effort is-now underway. Given the prominence of theadjacent Balsa • Chica wetlands, appropriate public access andpassive recreational opportunities must be provided:and conspicuously posted.Further,:the Cbastal Act giVesprioritY to land uses that provide opportunities for enhanced piiblid.access,public recreatianand lower.cost visitor . recreational uses." . A trail connection between the Brightwater Irail system and the COS levee trail is also anticipated in the future and shown on the approved public access plan for the Brghtw.ater development. The public access trails of the approved Brightwater project to the tail system along the Balsa . Chica wetlands and beyond. In addition,.the coriunissioti recently approved coastal development permit 5-09-209(Orange County Public Works)for rep.aira tO the Co5 charmers south levee:.The - Commission's approval of that project includes public trail upgrades along the south leyeethat•will, further contribute to the public trail system in the.vicinity. These.trails;in additionto providing recreational opportunities;also provide.signifieant 48. Document Number: 2015000383886 of 179 1095 • 5-11-068 (Shea Homes/Parkside) • Adopted Findings opportunities for nature study and views of the:wetlands and ocean beyOnd. The Eolsa Chica Ecological Reserve public trail system is a public access resource of regional sigriificance.. Members of the general public come from throughout the entire Orange County area and beyond to birdwateh,hike;or bike the trail system. Ai the largest remaining wetland in Southern California, the public trail system leading to and within the Bolsa Chied area constitutes a resource of statewide •significance. Further,Bolsa Chica State Beach,located across Pacific Coast Highway from the Bolsa Chica wetland area,corthe accessed from inland areas viathis trail system. More specifically,in certifying the land use plan amendment for the subject site(Ht\TE LCPA 1-06), - the Commission found that"A bike route in this area [atop the north levee]would provide substantial public access benefits It is encouraged in existing LUP policies, It would provide a connection between existing inland routes and the Balsa Chico area and is expected to bee*tended, in the future along the remainder at the 4GOWFC,C levee adjacent to the Bolsa Chico Restoration area. When such an extension':occurs(as is anticipated in the City's MIP and by the County Public' Facilities&Resources'Deportment); the bike route would eventyally link to the coast 4n offroad bicycle path already exists along the entire length of the City's ocean fronting Oeacb. A bike path at the subject site andalang the remainder of the ZOGWFCC would provide anew connection from inland bicycle paths to.this coaStalpath: Not only wauldsuc]i a bicyctepath provide sUbStantial public recreational benefits, but it 14)Ouldcits0 improve public:access opportunities by prodding alternate means aftransportatiOn to get to the coast and to the trails Within the Balsa Chica area. The'CO and the County have both indicated that ri.bi9tIqlpgth in this location is desirable and appropriate." As required by the.COastol Act,and by the City's certified LCP,the:applicant has proposedA number of pUblie Access and recreation features in,conjunction with the proposed development to • maximize public access and recreation, These are described in greater.detail below. . The proposed project includes a Public:Trails arid Access Plan.. The plan is depicted on:a.map of that title,prepared by HSA,dated 1/11/10(see altibit:5). Public uses proposed.on site inelude a 0.6 acre passive park;acme acre active park,a 1;8 acre linear paseo park,a public vista atop the vegetated flood protection feature(VFPF),a Class 1 Bike trail atop the reconstructed CO5 levee; and trails within and throughout the residential portion of the.developrnent. The proposed public trails will connect With the existing public trails in the project vicinity including the public trail systems of the Bolsa Chica Ecological Reserve,the south Co5 levee,the Erightwater development,. and ultimately along Bolsa Chica State Beach signage plan is Also proposed. The proposed Public Trails,and Access Plan is described In greater detail below: • • • 1. Parks • a)Passive Park(Let S) • • The 0...6 acre passive park is proposed within the OSC area and will be landscaped with Coast Live. Oak,California Sycamore,and Western Redbud trees,primarily coastal sage scrub shrubs,and grasslands primarily native to coastal Orange,Los Angeles,and/of San Diego cotmties. A 10 foot wide,decomposed granite trail is:proposed to loop through the passive park. Benches for public use • 49 Document Number: 2015000383686 Page: 66 of 179 • 1 096 • " • " " • • • 5-11-08.(Shea-Honies/Parkaide) • Adopted Findings • are also proposed. A trail'fence(described inthe.Habitat Management Plan section)is proposed. along the border with the restored habitat area(restored to coastal sage scrub and native grasslands .habitats where it abuts the passive park). Although this area falls4ithin,the area designated Open. • Space Conservation,wia zoned Coastal.Conservation,this area is not proposed to be ihcluded.within the Habitat Management Plan.A passive park in this.location is specifically identified in the approved LOP:for the Subject site. Regarding the:subject site,the City's.certified'LUP states: • • Uses ailed ithih the•ESH4 buffer are limite.d.to: ••• 41 within the northern grove ESHA buffer only—passive pork-use maybe allowed if it is more than ISO feet from-the ES11.4,.but only when It is outside all wetland and wetland • buffer areas, and does not Include any uses that would be disruptive to the.ESHA.. Uses allowed.withitithepasSive Park areas shall be limited to: a) nature trails and benches for pasSiVe. • • recreation; education, and natUre study; . • b) habitat enhancement,,restoratiOn; creation and management. . • At its nearest point,the proposed Passive Park is15O feet from the northern eucalyptus:BalA Although no direct connection is depicted on the Public Trails and.Access Plan,the existing; informal public trail at the western end.of the'northern prOpertY line;which will remain,would be accessed from this passive park area. Lot S.TTM 15377,Passive Park;will be maintained by both the HOA and.the City: The.HOA•Will be responsible for.landscape,Irrigation and lighting. The City of Hinitirigton Beach will be responsible for tile park features including all benches,traits;eta'. • • b)Active Park(Lot A) • A one acre active park is proposed within the:area designated and zoned residential; It IS adjacent to the Open Space Conservation designated area;ittimediately adjacent to the passive park and a portion of the 100.foot EPA wetland buffer area. In this area the EPA wetland buffer is proposed to be restored to native grassland habitat. It also is adjacent to and links with The EPAArail(described below)„ The actiVe.park is proposed to be landscaped with primarily,though not exclusively,local natives,though all plants will be drought tolerant non-invasive..,A. 10.foot wide,decomposed granite trail is proposed to loop through the active park that would also link with the trail in the passive park,with proposed Street"B"and with the EPA trail: The EPA trail connects at.the other end to the Co5 levee trail via the levee connector trail within Lot W. • A tot lot area,a swing set area,and a play turf area are-proposed within the Active Park. A gazebo is proposed'between the'tot lot and the eastern edge of the park. Also proposed are two entry arches,where the Active Park trail Meets Street. Benches are propo'sed'near the tot lotand the free Play turf area. • Lot TTM 15377;Active Park;Will be maintained by both the HOA and.the City. The.HOA will be responsible for iandscape,irrigation and lighting,. The.City of Huntington Beach will be 50' Document Number: 2015000383686 Page: 67 of 179 1097 • 5,11,065(Shea Homes/Parkside) • Adopted Findings responsible for the park features including all handscape;tot lot play structure and area,benches, tables,gatebo,trails;etc. Ptiblie pedestrian aces to the active park is also proposed to be Provided from Greenleaf Lane; which is located in the adjacent;established neighborhood to the north, In addition to the proVision of public pedestrian access,a minimum 30 foot wide(per City's approval requirement)emergency vehicular access will be provided from Greenleaf Lane as well. Vehicular access from Greenleaf is limited to emergency vehicles only. The emergency vehicular access will connect Greenleaf Lane With"A"Street The emergency vehicular access is proposed to be gated to preclude not- emergency:vehicles. c)Pate°Park(Lets,0,P,Q,It) A Paseo poic i :toposot 0.5 a:11 acre linear green space withinthe area designated residential. It borders the site's northern property line and extends from Graham Street to the active park area, Where the public Can continue along dedicated pathways to recreational areas along the flood control channel and BgEg. A slightly meandering public trail is proposed within Paseo Park, An entry atoll is proposed at the point of the meandering trail nearest to Grahami Between the meandering trail and the adjacent street;Paseo Park is proposed to be planted with Crepe Myrtle, Golden Trumpet Tree;and/or 13ronzeLoquat trees and:turfblOck(Seashore Paspalttni). Between the meandering walkway and the northern property line;the Paseo Park is proposed to be planted with Bottle Tree,Indian Laurel Fig tree,Brisbane Box tree;crepe.:Myrtle,Golden Trumpet Tree,Bronze Loquat tree,QUeeii Palm,afid:slitubs/grbUnd 00Vet not ciorently identified. In a letter dated'4/29/10,theapPliCant!s biological Consultant LSA certified that the proposed "landscape plans have no nonnative species in the park areas that Could invade the adjacent natural areas." (See:m.shibit 18) 2.. Trails • The proposed project includes a number of public trails;described in greater detail below. The active park(Lot A)and the passive park(Lot S)and informal trail within tot CC will be dedicated in fee to the City and managed by the HOA. All other park and trail areas are proposed to be dedicated in fee to the proposed Homeowners Association,with an Offer to dedicate a public trail easement to the City: With the exception of the trail within the Paseo Park,all trails will be within 10 foot wide public access easements Within the Paseo Park,the trail itself wi ii be 3 Yi feet wide, • meandering within the dedicated 10.fOot widepublie trail easement. a)Levee Connector Trails—Lots N&W • Two levee connector trails are proposed within proposed Lots N A4c W. The trail within Lot W will connect the EPA trail which extends from the active park,to the levee near the western end of Street C. In addition,the trails within Lots N and W will connect the internal subdivision streets and sidewalks to the levee trail. Lot N is located at the levee at the intersection of Street 13 and Street C. Street 8 is adjacent to the Active Park. The levee connector trails will accommodate both pedestrians and bicycles. 51 Document Number: 2015000383886 Page: 68 of 179 1098 • , • 5-1.1-068 (Shea Hotnes/Parkside) ••Adopted Findings. • • b)infOrmal Trail••,Lot CC In addition,there is an existing informal public trail along the western end of the northern property • line. No changes are proposed te this Use. This trail is located within proposed Lot CC. Lot CC is, located within the Open Space.ConierVation-designated area and included within the area contained,in the proposed Habitat:Management Plan. C).EPA Trail—Lots T; y A pUblic'trail,calledthe EPA trail bedanseit abntatheEVA wetland buffer;is also proposed along the western edge of the.area designated for residential development This-trail Would skirt along the edge of the habitat restoration area and connect the active park to the levee connector trail in: proposed Lot W. The EPA trail,ii'proposed within Lots T,1.1,and V. Two benches are proposed Within Lot U. Entry arches are proposed within tkit.T where the trail meets Street 11 and within•Lot V where the trail meets:the:Street-0 cul-de7Sae.• 'Landscaping is alsOproposed.. • d)VFPF.POblic.Vista Point • • A.public ViStapoint isproposed atop the VFPF WithapUblic trail leading fronithe levee,trail to the. Vist4.point. The VFPF trail is proposed to 15 feet wide and is also proposed to.accommodate maintenance vehicles. As proposed,the Vista Point trail atop the VFPF extends approximately 250 feet north from the levee,where a scenic vista point is proposed, The area of the vista point is proposed to be 50 by 50 feet • • e):Levee'Trail In addition,a.Class.I bicycle and pedestrian trail is proposed atop the reconstructed north levee of the Co5 channel. Two connector trails,described above;areproposed from within development to the levee top trail In addition,public access to.the levee-nail will be available from , • Graham Street. . • f)Public Sidewalks • • A public sidewalk is proposed along thewest,Side-of•Graham Street,adjacent to the proposed: project, and an internal connector sidewalk is proposed from project entry area to the northern end of C Street The connector sidewalk at the project entry provides an additional access point to the project public.trails,as well.as other amenities within and nearby the project site.. Internal sidewalks are also proposed along the proposed streets. All-sidewalks Within the development are proposed,to be public. • • • • •g)Paseo Park Trail • • 52 . Document Number: 2015000383666 Page: 69 of 179 • 1099 . . . 541-068-(Shea HOrnes/Farkside) Adopted Findings Within the e Paseo Park;a 10 foot'wide easement is proposed:to be offered to the City of Hurnington Beach. Within the 10 foot vide easement;a ininirniim'5%foot wide meandering public trail is proposed. . . . 3. Public Parking,:Public Roads,&No Gates As propoSed,all of the streets Of the development will be ungated and open to the public for public pedestrian,bicycle and vehicular acceSS. A total of 195 public parking spaces will be available on project's public streets: The parking spaces are located on both.sides of all public streetS. Of the 195 public parking spaces,27 will be available on."A"Street adjacent to'Paseo Park and 24 spaces will be available on"B" Street adjacent to the active park and a portion of the EPA trail, The remainder of the on-street public parking spaces(144)is distributed throughout the subdivision streets,including near the levee connector traits. All on-street parking is proposed to,be open and available to the general public and no preferential on-street parking,reserved for private residential use is proposed, All streets are proposed to be dedicated to the:City. •. 4. Public Access Signage The proposed public access plan*Irides public access signage. The face of the public access signs are proposed to bel%feet tall by I foot wide,and attached to a post for an overall height of 5% feet Signage lettering is proposed to be approximately 2 inches high. One sign is proposed at the subdivision entry road at Graham Street;one at the piedesttiantemergency vehicle from:Greenleaf Street;and one at•the levee'connector trail within Lot W;fora total of three public access signs on the site. The sign within lot W.is proposed at the bottom of the levee connector trail,not visible. from the larger levee trail. 5.. Walls.&Fences Adjacent to Trails • A wall is proposed dong the:COS north right of way between the proposed levee trail.and residential development The applicant states that the wall is required by the City of Huntington Beach for •privacy and security'purposes, The wall is proposed to be 6 feet in height except at the column caps. To lessen the appearance of the bulk of the wall,24 square inch.colurrins are proposed at approximately every 55 feet within the otherwise 6 inch wide wall. Thus,every 55 feet the wall . will jut out 9 inches(on both sides),creating an offset along the.face ofthe wall(See exhibit 11). Additionally,the wall is proposed to feature two different block finishes that is intended to create a decorative pattern along the Wall. The columns arid the decorative block between will be finished with concrete caps to further aid the visual appearance of the wall treatments. The wall will be located on the proposed private residential lots.and no part will encroach onto the City or County • right of way. b. Public R.estroom The proposed development includes I 1 1 new single family residences. Occupants of this new residential development will increase recreational demand within the project vicinity. The subject site is surrounded by an extensive trail.system adjacent to and within the Bolsa chiCa Ecological 53 Document Number: 2015000383685 Ppge: 70 of 179 1100 . . .... .... . . . . . 5-11-068 (Shea.Hornes/Farkside) .AdOptad Findings • • - Reserve. The introduction of 111 new tesidenCes will result in an increase t the :mdsting demand on this system. Annually,it is estimated that approximately 25,000 students,volunteers. and visitors come to the Bolsa Chita Interpretive Center alone, This number does not account for visitors who.routinely visit.the wetlands trail system without entering the Interpretive Center: Currently,within the Miss Chita Bed:tidal Reserve there are only two.public restroOMS:available.. These.are tWOrtoriperniaffent,withousc typefatilitieS affiliated with the Bolsa Chita interpret We Center which is located near the Southeast corner of the intersection of Pacific Coast Highway and Warner Avenue, In the Vidinityof the subject Site<riOrtheastI4Olsa Chica area),nOpublit restroOtris areavailable. Adding the future oecUPantS of the proposed new 111 residential units to the current level of. demand already placed upon the public trail and amenities systern in the-Bobs Chica area,there is a need for public restroom fapilities... Peciple*ho would otherwise visit the area may be dissuaded to access the coast fromthe subject property's trails due-tb..the absence of adequate restroomfacilities. Or,those who do Visit May need to.cutViSits Short: As proposed,nopublic restroom is•ineltideditt the.prOposed development. For the reaming diScUSsed above,jack,of:adequate public restroom facilities.can create adverse Impacts.on public'access and recreation. .Theactive park proposed,at the subject.site would provide'=Ideal location for a public.restroom. 'This iodation would allow Users Of the tot lot(proposed in the:salve park).with.small thildren ready. access to the.facility,while atilie pine time being convenient to the users of the trails.throughout. the subject site.. Signage would aid in letting users of the:levee trail.know of thoavailability of a . restroom,so that those accessing the wider Bolsa.Chica trail system from the levee trail would 'become aware of its existence: Such afaellity would notneed to be elaborate to be effective. A. single stall with an outdoor sink would be adequate.. • The Commission finds that without the provision of public restroom within the active park at the subject site,the proposed development Cannot be found to be.consistent with the public access and recreation policies of the Coastal Act or with the public access and recreation policies of the certified LCP which require niat.pablic access be Maidinized, Thus,a special condition,is imposed. that requires that the proposed developMent include apublie'restroorn.within the active park area. Therefore,the Commission finds that only as.conditioned can the proposed project be found consistent with the public access and recreation policies of the Coastal Act and with the public access-and recreationpolicies of the City's certified LCP'. It sb.ould benoted.though,that if:an acceptable alternate location.is identified,an amendment.to this coastal development permitmay be pursued to allow construction of a restroom facility off-site as • long as it adequately addresses the needs outlined above.and serves the Bolsa Chica area. • • 7. Entry.Moruunentation The main and vehicular entry into the subdivision is:located at Graham'Street at the northeastern. side of the property. A landscaped median is proposed,as welt as entry inonumentation.. Also proposed in the median are a stone planter and a-S%feet high by 15 feet'long monument sign wall. The monument sign wall is proposed:to say."Paricside". Also proposed are two entry arbors on • • 54 Document Number: 2015000383.686 Pa00.:. 71 of 179 • • 5-11-068 (Shea Hotnes/Parkside) Adopted Findings • either site of the road leading into the deVelopMentf The entry arbors are propoSed to be 10 feet tail, 12%feet wide and 22 feet deep. The arbors.are proposed to be open on the sides,with a total of six stone columns each: The roof is:proposed to be wood and beain,with latticeon top. • The large sign announcing aptiVateresidential development,along,with two.'entry arbotS-aS proposed can create the impression of a private gateway to a private community with:entry limited: . only to residents and theiruests: The-scale.of the entry arbors and their symmetrical placement Creates:the:false impression that the area beyond is an exclusive private gateway into a:private. . -residential enclave. When,.infact the site is an important entry point to:public tralls,parks:and open spaces beyond. This would•detet-meinbers of the general public from attempting to access the site, depriving them of Use of the public access and recreational amenities available throughout the site, Thus,the proposed entry arbors and monument sign would deter members of the general public from attempting to access the site,depriving them of use of the public access and residential • amenities available throughout the site.. In addition,it would limit access:through the site to the trail systems beyond. Thus,the proposed entry ItteitiMientatiOntannet be found to be consistent With the Coastal Act and LCP policies that require that public access•and recreation be makinfted. Thus • .the Commission imposes a special condition requiring that the entry monuinentatiOn and arbors be: deleted from the proposed project Only as Oonditioned.can the proposed project be found to be consistent with the public access and recreation policies of the City's certified LOP-and the Coastal Act. 8. Public ACcesa'Ainenities.Ownership Active and.PassiveT.arks(Lots A and..S)-An offer to dedicate in fee for both parks will be made to the City of Huntington Beach.. In addition,all streets and street sidewalks will be offered for dedication to,thetity. The emergency'vehicle/pedestrian acCeSs betWeen Oreenleof Lane and Street A;is located Within Let:A(Active Park)and Savrill be part of that Offer to dedicate to.the City. Lots N and W(levee connector trails)-the land will go to the BOA(via deed restriction,CC&Its, and dedication on tract map)and an offer to dedicate a:10 foot wide public pedestrian easement Within the lots will be made to the City. • Within Lots T;U and V(trail from active park to levee Thabita areato•the west;13 Street to the.pat, • and proposed residentiallots to the South])-the land will go to the-I-10A(via deed resttietioni CC&Rs,and dediCation on tract map)and an offer to dedicate a 10 foot wide casement within the lots will be made to the City. Lot.CC-the land will go to the HOA(via deed restriction,CC&Rs,and dedication on:tract.map). No offer to dedicate an easement to the City is proposed.. , • • • . Lots C.and D(located south of the entry at Graham Street,to provide public:pedestrian sidewalk connection tO Street C)the.Iand.will gO to:the'HOA.(via deed restriction,CC&Rs,and,dedication on tract map)and an offer•to dedicate a 10 foot wide easement within the lots will be inade to the City: • • • • '65 Document Number: 2015000383686 Page:.72 of 179 . 1102 • • 67.11A3$8:(Shea Hornes/Parkside) • Adopted Findings • Lots 0,-P,Q,R(Paseo Park)the land will go to the HOA(via deed restriction,CC&Rs,and dedication on tract map)and an offer to dedicate a ID foot wide easement within the lots will be made to the City: • • The City has indicated in writing its intention to accept all offers to dedicate described above. The HOA will have responsibility for all landscape maintenance(including irrigation)of all areas described above,.even for the Active and Passive parka:dedicated:in fee to the City. The VFPF will be located within proposed Lot Y, An offer to dedicate it in fee to the County is proposed: The trail atop the levee will be within the Orange County Flood Control District's right- of-way. The County has indicated in writing its intention to accept the offer to dedicate the VFPF (contingent upon meeting FEMA standards)as well as operation and maintenance of the public trails and vista point. The applicant has proposed a number of beneficial public access trails and amenities. However,in Order to find the proposed development consistent with the public access and recreation policies of the City's certified LCP and the Coastal Act cited above,a few modifications are necessary to assure that public access is ifiaithilited at the subject site. These modifications should be reflected in a Public Amenities and Trail Management.Plan. • 9; • Public Access—Special Conditions • In addition to the special conditions requiring a public restrOon-t within the active park at the subject she and prohibition on entry monumentation, other special conditions are necessary to maximize public access in conjunction with the proposed developthent. For example,although the proposed project includes a Public Access Plan,it is not adequate to ensure public access will indeed be maximized. The signage plan must be expanded to require that the size of the public access signs are adequate to ensure their effectiveness approving the nearby BrightWater development(5-05- 020),the Commission imposed a signage special cOnditiontequiring that signage be visible from nearby public:roads and from internal streets and trails.. Depending on the,location of the signage and its intended viewer,appropriate sign sizes may differ._Specific sizes were not identified in the Brightwater signage special condition to allow the sign sizes to be appropriate to their location and intent. For example,signage at Graham Street and at other entrypoints into the development would appropriately be larger than internal signage within the development, In addition,the signage plan. should ensure that public access signs are more numerous,contain enough information and are located prominently in all the appropriate locations. Furthermore,it should be made clear that public access signage and all public access amenities remain clearly available and functional for public use. Vegetation should not be allOwed to become overgrown and obscure-signage or the amenities themselves. In general the public access plan should.thake clear that the public access and recreation amenities will remain open arid available to the general public and limitations on . these uses are not,allowed. Therefore,Special Condition No.3 islimposed tO submit a revised access plan,titled Public Access Amenities &Trail Management Plan, that makes'clear the extent of access and recreation oppOrtnnities available and that they will remain available in perpetuity, • • 56 • • Document Number: 2015000383686 Page: 73 of 179 • 1103 5-11-0.68 (Shea HomesiParkside). Adopted 9ndings The,applicanthas proposed a plan addressing the.provisionuf public access at the site during construction. See exhibit 12;Public Trail Access Construction Revised Tentative Tract Map No. 15377, As proposed,public access would remain available at the,site dining construction via one of three possible traiN, In the earliest stages cf construction;public access Will be maintained: via the existing informal trail at base of the blUff.at the western side of theproperty. This trail will continue to link with the flood control channel levee to the South, As.development continues, public access will be prOvided via avtiblit..acesstail.ppyided.fhtough the Paseo Park trail linked to the EPA trail andior via the levee trail atop the north leved.oftheEast.Garden-Grthre WititerSburg flood control Channel, Both of these trails will also link up with the flood control channel levee. downstream. The applicant's proposed pUblic access plan to:he implementedduring.construction includes-temporary public acCess...Signage as is reflected in Exhibit 12 of this staff report. To insure that existing public access atthe site is not intertuptedduringconstruction,consistent with the Coastal Act and'4CP'requirements.to maxiini*pUbliC.access,a special condition is linpOSed which • requires the appliCant to carry out iriterim access during etthstriletiOnas proposed. As Proposekanumber Of the areas proposed to includepubliotrails are proposed within MUltiple. lets,.even though the lots all provide the same public:access frail use. .This is true for the trail within the Paseo:Park(Lots 0;P,.Q;R);the EPA trail(Lots,T;.U,V,W),and pedestrian entry at Graham (Lots C and1)). Segmenting the areas proposed.to contain single trails is not most conducive to ensuring continued public access.. If the tract map stayed in itS.CUrrenteorifiguration,..therais a higher risk Of misinterpretations.of the,CC&Rs and other relevant recorded restrictions as,they relate to the lettered let areas, Combining certain lettered.lotsinTentative Tract Map 15377 that Will be dedicated for one purpose would help ensure that each dedication is properly deeded and restricted consistent with thefindings of this staff report The recombined lots are necessary to ensure that the access and recreation areas are managed a more comprehensive trianner. Mo.feoer,the proposed TTMs are not specific whenidentifying.theuSes for each of tlie open space lots For example;for Lots.T,U,V,proposed ITM153.77 in the list of uses per lot only identifies open space within theSt lots propoSedtO.COntaintheBPA trail. And the use identified for Lot'Y is only VFPF,with no mention of the public trail and vista point proposed on top. The list of uses per lot on the TTMs must more specifically identify the Uses required within each.lot, Thus,the Commission,imposes Special Condition No 10 to'ensure that the proposed project confOrrns to the Coastal Act and certified LOP requirements%)maximize public access and recreation. As proposed thepuhlic:access plan would include a gate across the top.ofthe VFPF and a gate at the pedestrianiernergency vehicle entrance at Greenleaf Lane. Currently,informal public access exists across the adjacent Goodell prOperty, A...gate on the VFPF would Interfere with continued use of this existing;informal access inconsistent with the public access policies of the Coastal Act Also,.the proposed gate at the Greenleaf Lane entrance could deter use of that access way by creating the impression that the trail access is closed or not meant for public use; Rather than a gate in that location;bollards would effectively preclude non emergency vehicles.while still promoting public pedestrian and bicycle access at that access way, Therefore,a special condition is imposed to eliminate the gate on the VFPF/Vista Point trail and to replace the proposed gate at Greenleaf Lane with bollards instead. .57 • Document Number: 20150003.83686 Page:. 74 of 170 1104 • •5-11-068 (Shea HoMes/Parkside) . Adopted Findings Also,special etoditions are imposed to assure the dedications occur and are implemented as. proposed. The Commission finds that only as conditioned can the proposed development be found to be consistent with the public access and recreation policies of the City's certified LCP and the • Coastal Act, F. Wetlands;ESHA,&Habitat • 1: Wetlands • • TheCity'srcettified LCP defines wetlands as;"land which:may be covered periodically or permanently with shallow water and includes saltwater marshes,freshwater marshes,open or closed • brackish water marshes,mudflats,and fen.§. Wetlands are lands transitional between terrestrial and aquatic systems where the water table is Usually at or near the surface or the land is covered by. shallow Water, For purposes of this classification,wetland must have one or more of the following attributes: 1. At least Periodically;the land supports predominantly hydrophytes;: or 2, The substrate iipredominantly*mined hydrie soil;or . 5, The substrate is non-soil and is saturated with water or covered by shallow water gsoinelirap dhiring,the growing season each year." In addition,the.City's MP includes Polley C 6.1.20,which limits filling of wetlands to the specific activities outlined in Section 30233 of the Coastal Act and states:. C.6.1.20 • • Limit.diking,dredging and fiihig of coastal waters.,Wetlands,and estuaries to the specific activities outline in Section 30233-and 30607,1 of the Coastal Act and to those activities required for the restoration,maintenance;and/or repair of the Municipal Pier and marina decks, Conduct any diking,dredging and filling activities in a Mariner that is consistent with Section 0233 and 30007.1 of the•Coastal 44 The certified Lup also inclUdeS the following policy: • • • C 7:1 Regulate new development through design review and permit Issuance to ensure consistency with _ Coastal Act requirements and minimize adverse impacts to identified'environmentally sensitive • habitats and wetlands. In Addition,LIN policy C 7 1 4 states,in pertinent part: "Require that new development contiguous to wetlands or environmentally sensitive habitat areas include buffer zones." In addition,the City's certified LCP specifically requires that development of the subject sitemust • include a:"Habitat Management Plan for all ESHA, wetland and buffer areas designated Open Space-Conservation that provides for their restoration and perpetual conservation and management. Issues to be addre-ssed include,.but are not limited to, methods to assure continuance, • of a watersource to feed all wetland areas, enhancement of habitats and required buffer areas, 58 Document Number; 2015000383686 Page: 75 of 179 1105 &11-068.-(Sheq Homes/Parkside) Adopted Findings restoration and enhancement of wetlands and environmentally sonsitive habitats and required - buffer areas, and fuel modification requirements to address fire hazard and ayoid.disruption of hcibitat.vatues:in buffers." • Regarding uses within wetland and wetland buffer areas,the City's certified LUP,specific to the- Sribject sitei further•requires:. A. Wetlands: Only those uses described in Coastal Element Policy-C 61.20-shall be,allowedwithin existing and restored wetlands. • All development shall,assure the continuance of the habitat•value and function of wetlands.. • Wetland suffer Area: .4uifer area is rcquiredatong*perimeter of wetlands to provide a separation between - development impacts and habitat areas and to function as transitional habitat The buffer shall be Of:Sufficient size to ensure the biological integriiy•andPreseri,ation ofthe wetland the buffer IS designed to pareet. • A minimum buffer width of 100 feet.shall be established. Uses.allowed•within the wetland buffer are limited to: 2) those uses.allowed within..welland s per Coastal Element Policy C 6..1;20,- 3) .0.Vegetated flood protection levee is ct'poteritial allowable Use .due to siting and design .constraints, location in the Wetland buffer is unavoidable, and the levee is the most protective Of coastal resources including wetland and$S64.; 4) NO.active park uses fe.g. tonots,.playing fields,picnic tables, bike paths, etc)shall be cillowedwithin 100 feet of wetlands preserved in the.Open Space Conservation area. In addition,policy C 'of the City's certified laill*reqUires: Anj areas that constituted wetlands or ESHA that have been removed altered,filled or degraded as the resolt.of activities carried out without compliance with Coastal Act. requirements shall be protected as required by the policies in this.Land Use Plan. Wetlands often provide critical habitat,nesting sites,and foraging areas for many species,some of which are threatened or endangered. In addition,wetlands can serve as natural.filtering mechanisms to help rernavepollutants from storm runoff before the runoff enters into streams and rivets leading to the ocean, Further;wetlands can serve as natural flood retention areas. Another critical reason for preserving,expanding,and enhancing SoUtherncalifOrnia's remaining wetlands. is because of their scarcity. As much as 75%.of coastal\\*lands in southern California have been lost,and,statewide up to 9.1%of'wetlands have been lost. • 59, Document Number: 2015000383686 Page:.76 of 179 1106 . . . . . 5-11-065($hea Homes/Parkside) Adopted Findings Historically, this site Was part of the extensive Balsa Chica Wetlands system and:Was part of the. Santa Ana.Itiver/1301sa Chica corriplex, In the late 1$90s. the 61-s-a.Chica Gun Club completed.a. • •darri with tide gateS,.which eliminated tidal influence;separating fresh water from salt water. irrthe 1-930s, agricultural ditches began to limit fresh water..011 the site, and.in 1959, the East Garden - GroverWintersburg (Co5) flood control channel isolated the site hydrologically, Nevertheless, Wetlands persist at the.site tbday. . • In its action on the LTV amendment for the subject site,the:.Commission found that wetlands were present on site. In addition,the COnuttisSion found that additional wetlands would exist on site were it not for either unpermitted fill activities.0r:fanning.activities..that.converted.wetlands to dry lands. .Any activities,whether normal fanning activities or other,that result hi the fill of wetlands Cannot be exempt from the need to obtain approval of a coastal development permit: Unpermitted development cannot be used as a basis to justify development in areas where,Were it not for the unPermitted development,such development would not be.consiStent with:the requirements•of the Coastal Act:'Consequently,.the Commission found that both the areas that currently meet the. degnition of wetland at the siteas-Well as the areas that would have met the definition of Wetland Were it not for impermitted'activity,:toust be treated:aswetland in.terms of uses allowed..within and adjacent to these areas. (See LTWR. CálifOthiatoastalCot ' iSsiOfl;(?OO7) 152 Cal.App.01 770,796-797) , • Extensive.documentation addressingthe extent-and,•locatfon of wetlands at thesubjeCtsitehas been. prepared in conjunction with the proposed development,first during the LCP amendment process and new with the coastal development permit.appliCation. In addition,:the staff ecologist has reviewed historidal information regarding the subject site and surrounding:area: A complete list of all documents reviewed by the staff ecologist in conjunction with this project is included in Attachment B. Ail updated wetland.delineations dated September.1,2009,prepared:by.Tony Bomicarnp of Glenn Lukos Associates,was submitted with the.coastal development permit.application. hi addition,a subsequent wetland delineation update was prepared,also.by Tony Bbnikarrip 6f Glenn Lukos Associates,dated Apri1.20,2012. -NO:new wetland areaS were identified in either-delineation. The Commission's staff ecologist has reviewed both of these wetland delineations,in.conjunction with the coaital development permit application, Although the delineations continue to argue that areas previously identified as wetland do not constitute wetlands,those areas are nevertheless proposed to. be restored and preserved as wetlands.- • No new evidence.has been subMitted to support'the suggestion that areas not previously recognized by the Commission as Wetland now exhibit wetland The Commission's staff ecologist has reviewed the two most recent.wetland delineations,recent aerial photos,and rainfall patterns:for the entire site,as well as all previously submitted biological and wetland information. The,Commission's staff ecologist finds the applicant's biological consultant's claims regarding the previously identified wetland areas are moot as these areas are.propo sed.for restoration and preservation. Based onall information presented,the staff ecologist concurs with the determination thatthe areas of the subject site proposed for single family residential.development,including the 60. Document Number: 2015000383686 Page.: 77 of 179 • 1107 • 5-11-068(§hea Homes/Parkside) Adopted Findings associated suppOtt facilities for the residential areas,.do not exhibit wetland characteristics and do not meet the certified.LCP and the.Cbastal Actdefniition of'Wetlands. No new evidence has been submitted supporting the presence of WetlaticIS in areas other than those recognized in.'he proposed Habitat Management Plan and prOposed for preservation and restOiatiOn. The applicant ackfloWledgeS the presence.of Wetlands at the Subject site and proposes to preserve and restore all wetlands on-Site,including all existing wetland,and those wetland areas lost due to unpermitted development,including the restoration of wetlands consistent with the Commission- approved Consent Cease and Desist()tiler CCC,12-CD-1.0 and Content Restoration Order CCC-12, RO-1a.In addition;wetland buffer areas are propbsed,as required by the certified LCP. NO • evidence has been presented to support allegations of additional wetland area,beyond that recognized in the proposed project's Habitat Management Plan,exists at the subject site; The wetland preservation and tettoration•ia included.in the proposed Habitat.Management Plan(HMP), is described Sin detail below. • 2. ESHA The City's Certified LCP ESHA policies and ESHA definition reflect the Coastal Acfs ESHA policies and.ESHA definition. The City's certified LCP defines.ESHA as: • Any area in which plant or animal life or their habitats are rare or especially valuable and • which could be•6asily disturbed cg degradedbyrhuman activities and developments. • In addition,the City's certified LUP includes the following policies: • C 7.1.2 • Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only ides dependent on those resources shall be allowed within those areas. • • In the event that development is:permitted in an ESHA pursuant to other provisions°Phis •LCP, a "no-net-loss"policy(at a minimum).shall be utilized. And • C 7.13 • Development in areas adjacent to environmentally sensitive habitat areas andparks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas;and shall be compatible with.the continuance of those habitat and • recreation areas. The City's certified LIT also includes policy C which requires that new development contiguous to wetlands or environmentally sensitive habitat areas include buffer zones. • fil Document Number: 2015000383Q86 Page: TO of 179 1108 • • 5-11-068(Shea FlOmps/Parkside) Adopttad Findings • Regarding uses within ESHA and ESHA buffer areas,the City's certified LUP states,specific to the • subject site: . - Environmentally Sensitive Habitat Areas: . Only uses dependent on the resource shall be allowed • Environmentally Sensitive Habitat Areas(WM) 'Buffer Areas: A variable width buffer area is required along the perimeter of the Es1,44 ohaisregyired to be ofsufficient:size•to ensure the biological integrity and preservation of the ESH4 the buffer is designed to protect; • . A minimum buffer'width 297'to 650 feet shall be established between all residential development or active park use:and raptor habitatwithin the eucalyptus groves. Uses allowed within the EVA'Neer are limited to: V uses dependent on the resource; 2) wetland and upland habitat restoration and management; 3) vegetated flOodprOtectiOn levee that is the most protective ofcaastal resources • including wetland and ESHA; 4) within the northern grove ESHA buffer only—passive park use may be allowed if it is more than150.feetfrom the ESHA, but only when it iS•Outsideall wetland and wetland buffer areas, and does not include any uses that would be diSruptive.to the ESHA. Uses allowedWithinthe POSiVe park areas shall be limitedk: a. nature ti ails and benches for passive recreation, education, and nature study,;• habitat enhancement,restoration,.creation and management. 5) within the southern grove ESHA buffer only-,a.water quality Natural Treatment System Maybe allowed so long as it is located in an area that is most protective of coastal resources and at least 246 feel from the ESHA. • 6) In addition to the required ESHA buffer described above,grading shall be prohibited within 59.0feet of an bodupiM raptor nest during the breeding season(considered io be from February 15 through August•31);' . • The subject site contains environmentally sensitive habitat areis,(ESHA). On the site's • southwestern boundary,at the base of the bluff,is aline of Eucalyptus trees that continues offsite to the west The trees within this"eucalyptus grove"within and adjacent to the Subject site's western. . boundary constitute an environmentally sensitive habitat area(ESHA)due to the important ecosystem functions they provide to a suite of raptor species. These eucalyptus trees are used for perching,roosting,or nesting by fit least 12 of 17 species of raptors that are known to occur at Bolsa Chica. Although it is known as the"eucalyptus grove',it also includes several palm trees and pine trees that are also used hy raptors and herons. None of the trees.,are part of a native plant • tontriunity. NeVerthelesS,this:eucalyptus igroVe has been recognized as ESHA by multiple • 62 Document Number: 2015000383686 Page: 79 of 179 • 1109 . . . . . 5-11-068,(Shea Hom.es/Parkside) Adopted Findings agencies since the late 1970,s(USFWS, 1979;MEG 1982, 1985)not because it is part of a native ecosystem,or.because'the trees in and of themselves warrant protection,biit because of the important ecosystem functions it provides,. Some of the raptors known to use the grove include the White tailed kite,sharp7shinnedhawle,Cooper's hawk,and-osprey. Many of these species are dependent on both the Bolsa Chica wetlands and the nearby upland areas for their food. These Eucalyptus trees were recognized as.ESITA.by the Coastal Commission in prior actions including its 2006 approval of the portion of the subject site that formerly fell within the Boise.Chica LCP area. ("County Parcel')s the Coastal Commission's approval of the adjacent.BrightWater development. (coastal development permit5-05-020),.and its actions on the LUPA and IPA for the subject site. . The:southwestern:grove of Eucalyptus trees is recognized in the City's certified LCP,as ESI1A. inadclition,the-Eucalyptus giro*in the northwest cornet of the Site,although separated from the rest of the trees by a gap of about 650 feet,provides the same types of ecological functions as do the rest of the trees:bordering the mesa,. At least ten species of raptors have been in this grove arid Cooper's hawks,a California Species of Concern,are known to have nested there. Due to the important ecosystem functions of providing perching;roosting:and:nesting opportunities for.a. Variety of raptors,these trees also constitute ESHA This northern eucalyptus grove is recognized in the eity'SzertifiedLCP as ESHA, • • The City's.ESHA policies require that all ESHA beproteCted from Significant disruption and that only uses dependent upon the resource are allowed within ESHA. In addition,the•City's certified LCP requires development adjacent to ESHA be sited and designed to preventiMpacts.which would significantly degrade the EHSA areas:. The City's certified LCP ESHA policies further require that adjacent development be compatible with:the continuance of the habitat.area. In order to assure the ESHA at the subject siteis not.significantly degraded,laproteCted,and remains viable,in addition to precluding non-resource dependent development within the ESHA, buffer zone around the ESHA must be established to assure that adjacent development is compatible With the continuance of the pliA, A buffer zone requires that development adjacent to the ESHA be set back an appropriate distance from the ESHA..The setback is intended to locate development far enough away from the ES1-1A.so as to reduce any impacts that may otherwise accrue from the development upon the ESHA and that would significantly degrade the ESHA or he incompatible with its continuance. The distance between the ESHA and development,the buffer zone,must be wide'ertough to assure that the development would not degrade the ESHA and:also would be compatible with the continuance of the ESHA, • . The certified LCP requires.a variable width buffer along the perimeter of the:ESHAs that is adequate to ensure the biological integrity and preservation of the ESHAs the buffer is designed to proteet. The certified LCP allows a variable buffer.distance ranging from a minimum distance of 297 feet to a maximum distance of at least 650 feet between the ESHA and residential or active park development(note: WO meters is.318:feet). In some areas of the site,the effective width of the buffer.area would exceed 100 meters due to the relative location of wetland area and wetland buffer. These areas would provide appropriate ESHA buffer in that development,with the related noise, intrirsiOnS:and activities,would not,occur within them and also because those areas;would remain viable as raptot foraging area. In approving-the LUPA for the subject site the CommisSionfound 63 Document Number: 2015000383686 Pag0.:.80 of 179 1110 . . _ . . . . . . 5-11-088 (Shea Homes/Parkside) • • • Adopted.Findings • • • • that buffer area was neces:sary•to both teduee the impacts.of development upon the ESHAs and•to retain adequate foraging area to support the raptors.continued use of the ESHA,The proposed buffer area was.deterrnined based(lathe area necessary to prevent.impactS•whieh Woad significantly degrade the ESHAs and to assure the continuance of the ESH.A. The proposed.ESHA buffer widths are consistent with those required in the certified LCP and are adequate to protect the ESHAs and prevent impacts., The proposed development recognizes and preserves the on-site Eucalyptus ESHAs well as the buffer area requited.bythe.LCP specifically for the subject site as necessary to protect the ESHAs, In order to implement these protections,the applicant has proposed Management Plait as a . component of the proposed development,. • • - 3. Habitat Management Plan The City's certifiedi regires,specific to the,Subject site: • . • Habitat Management Plan shall be prepat'ed fiir 411 areas designated Open*ice- COnstricitiOn which shall ihellide restoration and enhancement of delineated wetlands,- wetland and habitat mitigation and e' tablishment of appropriate buffers from.development. • As required by the above cited LIJP policy:and in order to protect on-site wetlands and ESHA as necessary for consistency with the certified LCP,the applicant lias submitted a Habitat Management Plain(I-IMP)for the subject site in conjunction with the proposed development plan. The restored ateaisekpected to support a greater diversity and density of Species.thanthe site currently supports, In order to achieve these goals,the proposed project includes habitat restoration and management Within the area designated Open Space Conservation The plan is described hi the doonndatiitled Habitat Maxiagenient Plan,ParksideEstates,prepared by LSA,dated September 2011. . • Habitat proposed-to be managed and restored as described in the proposed IIMP includes: 1,9 acre • of eucalyptus ESHA(combined acreage of both the north and south eucalyptus groves);a portion of the proposed Natural Treatment System.(1,6 acres);the 1.5 acre Vegetated Flood-Protection Feature. (less 0.3 acres to be occupied by the maintenance road/view point,turn around,and.tamp);1.4 acre CP wetland;the combined 4 acre EPA and 0,6 acre Ap wetland-(plus the area between them)for a total wetland restoration area of 5,1 aseres . The proposed HMP also includes 100'feet wide wetland buffer area located between the EPA wetland and the proposed residential development area and parks(approximately 5.4 aeres•ofwetlandiffer area); and reyegetation within the buffer area. See.exhibit 6 for a map of the proposed restoration plan. Of the.entire Open Space. • Conservation area,only the 0.0•acre passive park is not ineludedin the Habitat Management Plan (IIMP), The passive park(described in the section INppblicaccess):is specifically identified in the 5 The areas Of the OP and EPA ivetiands•willbe increased by 1.3 acres and 0,5 acres respectively lathe revised HIviP required by Special Conditions No.2 consistent with the Commission approved Consent Cease and Desist Order CCC- 12--CD410 and Consent Restoration Order CCC-12-RQ-10. • 64 Document Number: 2015000883886 Page: 81 of 179 5-11-068 (8hea:Hotnes/Parkside) Adopted Findings • LUPA for the subject site as a potentially allowable Use within the northern eucalyptus grove ESHA buffer area. . • The north and'south eucalyptus ES1,1As are proposed to remain as is, The northwest corner of the site,which is immediately west of the northern eucalyptus ESHA is proposed to be revegetated with native grassland plaint(2,1 Wits). The area between the northern.eucalYptus ESHA and the . • passive park is also proposed to be revegetated with native grassland plants(1 aore):. The area west of the proposed EPA/AP wetland complex(Which includes the restored EPA wetland area,the- restored AP wetland area and the restored wetland area between the two),south of the northern eucalyptus ESHA and native grassland reyegetation is proposed to be revegetated with coastal sage scrub plants(3 acres). The VFPF is also proposed to be vegetated with coastal sage scrub plants (1.2 acres), The restored EPA/AP wetland complex is proposed to be 5.1 acreS., East of the EPA wetland complex,the 100 foot wetland buffer area is proposed to be revegetated with native grassland plants(2.4 acres). And the area west ate EPA wetland complex is proposed to be revegetated with coastal sage scrub plants(3 acres): The area north of the 1.4-acke restored CP wetland is proposed to be revegetated with coastal sage scrub plants acres). The north and south eucalyptus ESHAs are proposed to be fenced during project grading,including grading for habitat restoration Proposed fencing will coincide with the westernmost extent of grading, In addition,as proposed,no grading will occur within 500 feet of any active nest during .the breeding season(Feb 15 to Aug 31).If active nests are discovered,additional fencing will be placed,in addition to keeping grading activities at least 50.0 feet from the nests: The project as proposed will be monitored during all construction activities by anon-site biologist. a). Eucalyptus ESHAs The proposed MAP provides methoci's!intended:to protect existing perching,roosting,:and nesting opportunities for birds of prey in the Bolsa Chica.area and to enhance the longterm viability of the eucalyptus ESHAs. Specific measures prOposed include:trash removal,removal ofnon4native shrubs(including myoporum rand castor bean);protective fencing along the entire perimeter of the restored habitat area(except where it adjoins the restored habitat of the Brightwater development at the westernmost point);trimming of existing trees to treat disease;replacement of dead trees in northern grove;dead trees hi.the southern,grove may be removed but only with Qommission approval,but may or may not be replaced due to unfavorable conditions(nCteasing salinity and drought stress);and temporary irrigation as needed for replacement trees, Grading is proposed along the eastern edge of the northern grove in connection with the creation of the passive park and restoration of the EPA wetland,but will not occur within the grove itself. On-going,twice yearly trash and debris removal is proposed Within the eucalyptus ESHAs in perpetuity: Unless otherwise directed by the project biologist,all dead limbs are to be left in place. The eucalyptus ESHAs are proposed to be monitored yearly'each spring and qualitatively surveyed. Based onthe surveys,- recommendations for the following year will be made. • b) Wetland Creation,Restoration,a Enhancement Plan 65 Document Number: 2015000383686 Page: 82 of 179 1112 5-11-068(Shea Homes/Ratkside) Adopted.Findings • • The proposed project includes restoration:of wetland areas known:as the EPA/AP(5.1 acre)and. CP (0.4 acre teStoration and 1 acre enhancement).wetlands.. The,ITMP proposes to create/restore at least 4 acres of seasonal wetland in the area known as EPA wetland. This is proposed adjacent to an existing 0.63 acre area.of ritderal(weedy)seasonal wetland(agricultUral pond/AP).. The.area between the 4 acre and 0.63..acre wetland restoration is also proposed to be converted to wetland habitat. This will bring the total wetland restoration/Creation amount:in this areaup.to.5..1 acres, This combined area is Teferred to as,the EPA wetland are4 • EPA Wetland. To supplement'natural rainfall.andrunOff,the water source proposed to.supportthe EPA wetland will'ilerive:from the proposed on-site NTS Water will be diverted from the NTS into the created EPA depression during the late fall and winter months of each year. The depression is designed to contain shallow Water at a depth Of:approximately 1 foot in the deepest part of the depression; A • Standpipe and drain,concealed With cobble,at the deepest part of the basinwill allow drainage of the standing water in the late spring to abate any mosquito problems that may arise as the Weather . warms, The amount and timi4g of water additions and draining are proposed to be:flexible to.allow' .fOr optimum habitat.conditions and adaPtiVemanagetnent, • While the water•supply to:this area will be:freshwater,brackish marsh vegetation is proposed to be theprimary vegetation type Utilized, The hydrological design is intended to simulate the historic shallow closed basin that contained standing water in-wet years: The applicant's.primaty goal in.this area is to create foraging habitatfor wading birds,shorebirds and ducks during the winter. A secondary'goal is to provide vegetative habitat for nesting birds suckas.BOdities.sarannah.varrqw, Filling the basin in.the late fall with water from the NTS to a :i.noxinturo depth of approximately-1.foot is intended to result in gradually decreasing depths to the edge of the Wetland Where mudflat and entergent-Vegetatiatiwill OcCur. As proposed,it is possible that,as Much as 4:0%of the EPA wetland may be.'compased.of bare ground(dining non-rainy Seitiati)/open Water(during rainy seat*. 'The EPA wetland Testoratian/enhancentent.area will begraded to achieve the desired contours conducive to the habitat creation described above. The contours will be lowest in the northeastern area(approximately 0 foot contour,MSL NAVD 88),gradually becoming shallower moving to the southwest(approximately 0:9 foot contour,MSL NAVD 88),with Six'humtnockS of varying steepness.(15;•1 to 211 slopes).and heights(1.2 to.0:8 foat.MSLNAVD 88)interspersed throughout. The EPA wetland::area,will be-surrounded on the east by a 100 foot bUffer of varying slopes that rise. from;approximately the'90 foot contour elevation(MSI,NAVD.8.8)to a maximum of 7 foot cantata,elevation(MSL NAVD 88)whore the Open Space area meets the development area (including the active park,public roadway,andpublic trails adjacent to residential lots): A trail fence is.proposed along the edge of the buffer area/development area interface. The eastern b.uffer. area is.proposed to be vegetated with native grassland plants, The Balsa Chica;mesa bluff rises.tO 6 Ibid • 66 Meth-tient Number: 2015000383686 Page: 83 Of 179 1113 • 5-11-068 (Shea Homes/Parkside) Adopted Findings the west of the EPA wetland area. In this.portion of the buffer area,west of the EPA,coastal sage • scrub revegetation is proposed. In addition;the southern end of the northern eucalyptus ESHA is preserit the EPA buffer area;:and to the southwest,partially within the buffer,the VEPF is proposed. ii.CP Wetland The CP wetland'is proposed to be enhanced:by installation Of native high-salt marsh species: Existing southern tarplant in the area will be protected', Non-native plants will be removed. A wide range of plant species are proposed to be planted in order to account for varying conditions. It is not expected that-all of the species will thrive or even persist on site. But range of species will determine which are most snitable for the site, Removal of trash and debris is also,proposed. The enhanceinerit is intended to Provide greater biodiversity within the area and to provide improved habitat for native salt marsh species. Grading inthe 0.4-acre CP restoration area'is proposed in the southeast portion of the area, The restoration area will be graded to the approximately 1 foot contour'elevation(MSL NAVD.88).No water diversion into the CP wetland is proposed. Areas that have become overly compacted through repeated use(toads-,trails,construction,etc..)will be ripped in order to facilitate the expansion of the existing plant community,except;where dense populations of the rare southern tarplant are.present: • It is proposed That the CP wetland continue to receive natural rainfall and tiirfaCe Waterrunoff as it5 water source,as well as to continue to he supplemented by groundwater to the extent that that occurs now rioweveli construction of the proposed NTS will include a point of connect from the - NTS to the CP wetland,which could then$tIpply an auxiliary water supply if deemed appropriate.: In addition, the NTS itself may supplement the groundwater,especially in the area of the nearby CP restoration area,. -- • The CP wetland enhancement is eposed in the area where unpermitted fill is believed to have occurred sometime in the 1980s. The'area Of the CP wetland that was not subject to unpermitted fill is proposed to remain as is. iii.Monitoring&Maintenance • interim monitoring and maintenance as Well as final monitoring are proposed in order to assure that final performance goals are reached,.Long term maintenance of the restored and created wetlands is proposed to be the:responsibility of the IJOA once the final performance criteria are met Long term maintenance is proposed to include trash and debris removal,weed control,and adaptive management of the water supply to maintain desired habitat"cOnditions, Every 5 years the ROA will be responsible for hiring a qualifiedbiologist to conduct a qualitative analysis of the,wetland sites and submit the repOrt to the.CCC. If the wetland sites are found to not meet the final 7 This 0.4 acre area proposed for CP wetland restoration will be increased M the revised HMP consistent with the Consent Orders approved by the Conirnissien at the September 2012 bearing,as requited by Special Condition No.2. 67 Document Number: 201:5000383886 Page:.84 of 179 " 1114 5-14-068 (Shea HOmes/Parkaide) • Adopted Findings • performance standards for native vegetation,remedial measures(developed in c:onsultation with CCC staff and approved by the ED)are required.. c) Native Grassland it Coastal.Sage Scrub Revegetation The1114..i'prOposea grading;site preparation,weed abatement,plant installation,monitoring,and • maintenance for the restoration of a total of-12.7 acres consisting of 6 5 acres of native grassland and 6.2:acres Coastal Sage Scrub-(CSS): The final coastal sage scrub acreage will reflect the revisions to the HMP required•by Special ConditioriNo.2. The area nearest the proposed residential development is proposed to be,reve$etated with a native grassland palette that meets the fuel modification requirements of the City of Huntington Beach Fire • Department(see Exhjbt 14); The.area northwest of the northern eucalyptus ES}IA,outside the fuel modification area;is also proposed to be planted With a native grassland palette because the • topography and soil within this area are more suitable to support grassland species than shrub • . speeieS; This:area is.expected to support a greater divotsity arid density Of Species than the Other two grassland revegetation areas. Grassland will also be more favorable for raptor foraging, The VFPF,-the wetland buffer area west and south of the EPA wetland,and the area nearest the CP wetland(not including the:southern eucalyptus ESHA)are proposed to be reVegetated with native coastal sage scrub plant palettes. • - - i. Grassland • • • The grassland plant palette is not modeled after any specific native grassland area,.as there are no • pristine native grasslands left in coastal Orange County,.but is proposed to include plants common •to Orange County grasslands;with limited cover by native shrubs and succulents:common to grassland habitats within coastal Orange County. The species'selection is based on the plan preparers' knowledge of the ecology of the area. Because the existing vegetation is predominantly • ruderal and agricultural,it is not the objective of the revegetation to restore habitat to preconstruction conditions,nor to duplicate a specific natural plant community. Rather the goal of the grassland revegetation is for the area to function as a buffer between the proposed residential development and the adjacent open space while.also providing improved habitat'Mire for local • wildlife. • Grading in the grassland revegetation area is proposed in conjunction with construction of the EPA wetland and buffer.- Grading will also aid in remcival.of the seed bank of nonnative speCies, Areas • not proposed for grading will be weed-whipped to remove existing vegetation. Areas of overcompaction(roads,trails)will be ripped to facilitate growth of revegetation species: The area will also be'evaluated by the aPplicant's restoration ecologist for the need for a"grow/kill program to reduce nonnative.annual grasses and fOrbs prior to planting. Trash and debris removal is also proposed; In addition,temporary,above grade irrigation is propoSed: ii. • COaStal Sage Scrub • • • 68 • • • Document Number: 201,5000383686 Page: 85 of 179 1115 . . • 5-11-068 (Shea HOMOS/Patktide) Adopted Findings Coastal Sage Scrub(CSS)revegetation is proposed to provide greater biodiversity within the proposed CSS areas and to provide enhanced foraging habitat for raptors.and other native species on site. Currently these areas are vegetated in ruderal,nonnative Species. Depending on factors such as slope;aspect,hydrology,and soil type;the proposed habitat may trend toward a more dense CSS: shrub Commuriity,while in other areas the.habitat Mayrtrend toward a More open CSS-grassland ecotone. • Portions Of the proposed CSS areas will be graded,for construction ate\WE and the EPA wetland and buffer.Grading will also aid in removal of the seed bank of nonnative species, Areas of overcompaction(roads,trails)will be ripped to facilitate establishment and growth of revegetation species. Areas containing dense population of southern tatplant within the CP area will.not be ripped Topsoil will be collected prior to ripping from those CP areas containing sparse populations of southern tarplantand distributed in openings within the CSS:revegetation:areas following ripping, Removal of trash:*debris is also proposed The area will also be evaluated by the applicant's restoration ecologist fOr the need for "groW/kiliprograin to redueenonnative annual grasses and forbs prior to Planting. Temporary,above grade irrigation is proposed, • Monitoring of the CSS revegetation area is proposed over the life of the 5-year establishment period, Monitoring will include site visits,surveys,and documentation,. Monitoring will continue until the performance standards are Met Annual reports will be generated based on the menitoring. The proposed monitoring and maintenance program includes interim performance goals and final maintenance monitoring requirements,and final.success criteria. . • Once the final success criteria have been met,the HOA would be the responsible party for long- term maintenance of the revegetated areas. General long-term maintenance is proposed to consist of trash and debris removal,and weed eradication and management, In addition;every five years thetlOA will be required to hire a qualified biologist to conduct a qualitative'analysis of the revegetation site and if it not meet the final performance standards,remedial measures will be• developed arid implemented in consultation with the Executive Director of the Coastal COMItligg0h. d) Natural Treatment SyStern(NTS) A Natural Treatment.System is proposed within the area land use designated and zoned conservation, Specifically regarding the subject site,the certified,I,CP identifies an NTS system as a potentially allowable use within the southern eucalyptus ESHA buffer as follows;'Uses allowed within the ESHA buffer are limited to: 5)}Whin the southern grove EWA buffer only-a water quality Natural Treatment System may be allowed so long as it is located in an area that is most protective of coastal'resources and at least 246feetfrom the ESHA". The proposed NTS:location meets the distance requirement from the ESITA. As proposed the NTS is more than 300 feet from the closest portion of the southern eucalyptus ESHA. Moreover,in approving the LIRA for the subject site the Conunission found:"An NTS within the [southern eucalyptus] ESHA buffer, subject to the setback described above, would be acceptable because it would occupy only a very small portion of the overall buffer area. Furthermore,the NTS itself will provide some habitat value.. The shallow water habitat will increase the variety of habUathabitats within the buffer areas For these reasons; allowing an NTS:type system within the outer EF114 buffer as shown on Attachment C, :69 Document Number: 201:5000383686 Page: 86 of 179 1116 ... • • • . . . . . • • 6-11-06 8 (Shea HOtries/Parkaide) Adopted Findings • exhibits 1 and 2-would not be expected to degrade the.a5.1-14 and would be compatible with its continuance. . • The proposed 1.6 acre Natural'Treatment(NTS)will treat drainage from the Slater Forebay.(located on the opposite side of.the ce5:ehannel:from the subject site);which will collect storm water and urban runoff frothAhe.proposed Parkside development and Watershed areas tributary to the Slater • Channel'. The NTS.will consist of two forebays:and two larger water treatment basins. As part of the normal of the NTS',water from the:Slater Forebay Will be pumped-through a"CDS.": type hydrodynanuc separator for removal of trash and secliMent and then into to,NT$Forebays for furthet:desiltation,and will eventuallyflow into the larger basins. From these basins,water will be. directed to.flow into the EPA wetland or the CP'Wetland as needed,or into the CO5 Channel. The goal the Natural Treatment System is to create perennial marsh habitat at the NTS site thatwill • be similar to nearby-existing.wetland habitat and function effectively in water treatment Tho marsh habitatWiltalso'provide some habitat for animal,speCiesonsite, The perennial marsh habitat proposed at the NTS Site.will be planted with nativeplarit Species common to native perennial marsh habitats-typically found in Orange County. The objeetive is not to restore habitat to preconStruetiOn.conditiOns,because the trident vegetation is predominantly ruderal and agricultural species. The plant selection is also based On theplanprepareteknoWledge of the ecology of the area and the:functional requirements of the NTS. : The two larger treatment basins are to.be planted with emergent wetland vegetation in the area ringing the open water area of the basin. The back slope and forebay slopes of the treatment basins' earthen berms are to be planted with saltgrass and.piekleWeed. Planting is proposed via the hydroseedmethod:. " • Proposed NTS grading will ecosiStmostlyofscreation the earthen berms to-create the two smaller ,Settling basins and the two larger fcirebays. Grading will also aid in removal of the seed bank of nonnative species. Removal of trash and debris is also.proposed ,The area will also be evaluated by the restoration ecologist for the need for a"grow/kill program to reduce normative annual grasses. and fortis prior to planting. Temporary,above grade irrigation is proposed. - .• A constant source of water is proposed to be supplied to the from the Slater Forebay,and the NTS is designed to operate at a relatively constant water level. As proposed,the quantity of water passing through-the systeni may be.adjusted tit:I-affect residence time,but this:is not expected to affect-the habitat. Thus,constant soil saturation along the edge:of the open water is expected to support aquatic plant species. The deep portions of the basins are designed to be too deep to support plants,thereby providing open water habitat The tops of the berms are expected to Contain sufficient Water from wicking,which when coinbined with evaporation from these soils will create saline coriditicais that Will.Support typical brackish marsh specieS, The proposed Monitoring program requires site inspeetions,.surveys in the spring of each year, preparation of field memorandums,preparation of arintaimonitoring reports,and-assessment of performance goals. Final monitoring,no Sooner than 3 years following the end of all remediatiOn - activities and no laterthan 7 years following:installation,.is-:also prOposed, If the final:report 70 Document Number: 2015000383686 Page:.87 of 179 • 1117 5-11-058 (Shea Homes/Parkside) • Adopted Findings • • indicates that the revegetation has been unsuccessful based on the approved performance standards; remedial measures are requited Remedial measures are proposed to be developed in consultation with the Commission staff arid approved by the.Executive Director prior to implementation: The • •annual monitoring report will be submitted prior to:September 1 of eaeh year FP the Executive Director ofthe Commission, The NTS,iS,proposed to be Wrist:Meted by the applicant and dedicated in fee to the Cityof Huntington Beach. Once:the NTS haSachievedfinal performance criteria to the satisfaction of the Executive Director of the Commission,the City will be responsible for long term maintenance of the NTS site, Long term maintenance is proposed to include trash and sediment removal and control of invasive:woody species. e) Access • parks and a publie trail system are proposed•at•part of the Odd'development project. Some of the trails and park area.are proposed adjacent to open space conservation habitat areas.: An exclusionary fence Will separate the developed(parks',.trails,road,residential).areas from the • .protected conservation open space and the NTS.. Above grade the fence is proposed to be 31/1 feet • of Wire mesh x 4"openings),topped with,3:rows(totaling 1 foot in height)of cable. The fence Will begin along the northerly property line,south of the informal public trail within proposed.Lot CC and traverse along the western edge of the passive park to the EPA wetland buffer. The fence will then follow the easterly edge of the EPA wetland buffer to the edge of the NTS. TheNTS,..the VFPF north of the Vista Point,and the CP wetland area will also be fenced to keep the public and domestic annuals out Of the resource areas: The public access areas have been described hi greater detail earlier. • f) Wildlife Protection and Domestic Animal Control Plan The proposed IMP includes a.Wildlife Protection and Domestic Animal Control Plan. The proposed residential development associated with the proposed project has the potential to introduce a higher number of dogs and cats into the restored habitats,wetlands,the.nearby ecological reserve, and-Other sotto:aiding:open,spaces. DOMestie eats'particularly have been shown to have a detrimental effect on bird populations in natural areas adjacent to residential developments, 'especially birds that nest on or near the ground. Several endangered and sensitive speeiesi such as ' Belding's.savannah spartoW and western snowy pithier,nest on.or near the ground within the nearby reserve and surrounding•open space. Unleashed dogs can also cause disturbance to:nesting and foraging birds. To address these issues,the Wildlife Protection and Domestic Animal.Control Plan proposes the following measures: providing:wildlife information to each resident including descriptions of the • threatened and endangered wildlife that inhabits the surrounding open space,keeping pets indoors Or in fenced yards to contain them and keeping them out of the habitat areas;directing lights to avoid"light spill"into the habitat areas,maintaining fencing adjacent to open space habitats in tact; prohibiting the use of rodenticides within and around the conservation/open space areas;and feral • cat.removal program(pets shoUld be tagged to avoid removal). These restrictions are proposed to 71 Document Number: 201500038306 Page: 88 of 179 1118 5-1 1-00 (Shea Hom.es/Parkside) Adopted Findings • • be placed in the project CC&Rs and will be enforced by the BOA. These restrictions will also be contained in a resident education pamphlet distributed to all new residents via a brochure upon . purchase of residential property*and reminders will also be distributed at least annUally,via the I-10A newsletter or similar.COMMutfication. g) *Habitat.Managernent.PlartArea.,...OwnerShip The proposed 1-EvIP will cover area.proposed to become.Lag Z;AA,BB,CC(propOsed Lot,S103 and CC ate requited to be combined aS;a special condition of this permit)of UM 15377 and Lot A of'ITIV1.15419, In addition,the fIMP will.cover proposed Lots.X(Natural Treatment System)and proposed Lot Y(Vegetated flOod Protection feature). Lots,Z,AA,BB,CC of ITIvt 15377 and Lot A&TIM 1.5419ate proposed to be dedicated in fee to'the HOA:Oreated as.part,Of this project Stibiect to approval of an amendment to this permit or a new.tbastal development permit,the habitat lots to be dedicated in fee to the IPA may transferred to apublie agency(ies)Or non- profit entity(ies)..acCeptable to the Executive pirector.. Lot*X:is proposed to be dedicated in feat() the City of Huhtington Beach. Lot Y is proposed tObe dedicated to the County:of Orange. 4, 1-.IMP. Special ConditiOns: Overall,the HMP Inustbe:implemented as.proposed with a:few exceptions. On page4-11 and page 0-17,.there is a statement that allows.remedial measures,as needed,to be developed in consultation with CCC sr#f and approved by the Executive.ljirector of the Coastal COIrithi8i011: However,changes to remediate the portions of'the.Habitat IVIanagement Plan that turn out to be unsuccessful most be subject to a greater degree of review than is proposed In order to assure in-depth review of any renitdiation measures and consistency with the intent of the approved Him:as Well.0 with the ESHA and wetland protection policies of the certified LCP.; remediation Changes.must be reviewed as an amendment to this coastal development permit,unless the Executive Director deterinines:that none is legally reqUired. In addition;the proposed HMP does not require that all quantitative:samPling be based on spatially stratified,randomly placed sampling units. Without employing:this method of sampling,the resultant data is not as accurate or useful. Thus,the TIMP must be revised to reqUire that all quantitative sampling be based on spatially stratified,randomly Placed sampling units. In Appendix A(Maintenance and Monitoring Schedule),the"long-term maintenance plan"is used; however,everywhere else in the HMP the term used is"long-term manogementp44": In order to be cleat and consistent,the term"management"should also be used in Appendix A(Maintenance and Monitoring Scheddle)to avoid confusion and assure that HMP is implemented as intended. In September 2012,the.Commission issued.Consent.Cease and Desist.Order C.CC-12CD-1.0 and Consent Restoration Order CCC-12-RO-10 as proposed by staff to resolve Coastal Act violations. • that occurred on the project site consisting of fill of the wetland known as the EPA wetland and fill of a portion.of the wetland know as the CP wetland,as well as adjacent areaS.Under the terms of the Consent Orders,Shea Homes has agreed to resolve Coastal Act violations by,amongst other 72 Document Number: 2015000383686 Page: 89 of 179 1119 5-11,068(Shea Homes/Parkside) Adopted Findings • things,restoring the areas subject to the unpermitted development,. The proposed I-IMP is required by Special Condition No.2 to be revised to reflect the changes required by the Consent Orders including the increase in areas dedicated to wetland ereatiorikestoration. And finally,although it has nothing tO db with the proposed habitat restoration;a:gate.is shown across the top to the VFPP/Vista Point trail, As described earlier,this gate would interfere with established informal public access and so must be eliMinated. The gate is shown on various exhibits/figures in the HMP,consequently those exhibits/figures must be replaced with ones that do not include the problematic gate. As described in the public access section of this report,a special condition is imposed requiring that the all referenee to the gate be.01iininated from the proposed project However;other than the details described aboyear the HMP is consistent with the policies of the certified LCP regarding protection of ESHA and protection of wetlands.It is important to assure that the Habitat Management Plan is implemented:as conditioned; Therefore,the Commission imposes Special Condition No.2 requiring that the Habitat Management Plan be implemented as fproposed with the exceptions described above Only as conditioned can the proposed project be found to be consistent with the City's certified LCP. • • G. Cultural Resources The City's certified LCP ineludes the following policies: C 5 Promote the preservation of Significant archaeological and paleontological resources in the Coastal Zone, C Identify and protects to the maximum extent feasible,significant atchaeologicalt:paleontorogical and historic reSOUrees•in the Coastal Zones C 5:1..2 Where new development would adversely impact archaeological or, paleontological resources within the Coastal Zone;reasonable mitigation Measures to minimize.impacts shall'be required. • In.addition, Policies C 5.1.3 and C 5.1.$ require coordination with the County Coroner,the Native - American Heritage Commission, and the Most Likely Descendant Also, Policy C 5,1,4 requires that Archeological research design for development proposed within area containing archaeological resources. Additionally, the certified Land Use Plan, Table C-2 (Coninnunity District and*Subarea Schedule), subarea 4-K for the Parkside Estates area contains the following Design and Development Standards.and Principles;which include requirements aimed at protecting archaeological resources:. A development plan for this area shall concentrate and cluite.r residential 'units in the eastern portion of the site and include, consistent with the land use designations and Coastal Element policies, the following required information (all required information must be 73 Document Number: 2015000383686 Page.:.90 of 179 1120 Mr' . . . . . • • 541-068(Shea Homes/Parkside) • Adopted Eindings. ••prepared or updated no more than one year prior..to submittal of a Coastal development permit application): •• 3. Archaeological Research Design consistent with Policies C5..1.1, C5.1.2, C5,1.3, C11.4, and CS.L5 ofihis astal.Element,' The Huntington Beach LCP Implementation Plan for the Parkside Estates area contains the following development standard in'Chapters 230,Site Standards,to carry out the.protection of archaeological,resources:. • Section.13.0:82 sE • • ArchaeologiCallcultural Resources withinthe coastal zone, applications for grading or any other deVelopmentthat.haS the potential to impact significantarchaeological/cultural resources shall be preceded by a.cbastal devolOpmolitpermit...applieationfir implementation of an Archaeological Research Design.(ARD), This is.r.eqUiredWhen.tho project site , contains a mapped archaeological site, when the potential for the presence of . archaeologicaliculturairesoUrces.isieVealedihrOUghihe CEQA prOcess;.andlor when- . archaeological/cultural resources arc otherwise known or reasonably suspected to present A coastal development permit is required to implement an ARD when such • • implementation involves development-(eig. trenching test pits etc). No development, including grading, may proceed at.the site until the ARD, as reflected in an approved coastal development permit, is fully implemented Subsequent development at the Site shall be subject to.approval of a coastal development permit and shall be:•guid.ed by the:results of the approved ARD. . • • Archaeological Research Desizn.:(ARD). The A1?-DShall be-designed and carried out with the goal of determining the full..atent of the.on-site.cirehaeolagicallcultural resaurces.and • shall include, but not be limited to,.postulation ofa site theory regarding the-archaeological 'and cultural history and pre-history of the'site1 investigation_method's to be implemented in order to.locate-and identib all archaeological/cultural resources on site (including but not limited to trenching-and test pits), and a recognition that alternative investigation methods and mitigation-.my become necessary.shouldresources be revealed that indicate a deviationfrom the initially espoused site theory. The ARD shall include a Mitigation Plan • based on comprehensive consideratiOnafa full range of mitigation options based upon the archaeological/cultural resources discovered on site as a result of the investigation. The approved ARD shall be fully implemented prior to submittal of any coastal development permit application for subsequent grading or other development of the site. The AHD shall also include recommendations for subsequent constructian phase monitoring and mitigation should additional archaeological/cultural resources be discovered . • • The ARD shall be prepared in accordance with current professional practice, in consultation with appropriate Native American groups as identified by the Native American Heritage Commission:.(11TAHC),.NAHC, and the State Historic Preservation.Officer, subject . to peer review, apprOval by the City Of Huntington:Beach and, if the application:is appealed, approval by the Coastal Commission. The peer review committee:shall be • 74 Document Number: 2015000383686 Page:.91 of 179 1121 • 5-11-068(Shea Homes/Parkskie) • Adopted Findings 'convened in accordance with current professional practice and shall be compriSed of qualified archaeologists: Mitigation Plan The ARD shall include appropriate mitigation measures to ensure that archaealogicallculturaliaeSotirceS Will not be adversely impacted These mitigation measures shall-11e contained within a Mitigation Plan The Mitigation Plan shall include an analysis°fa f.ull range 0/options from in4itypreservation,.recovery; and/or relocatiOn •:an area that will be retained in permanent open space: The Mitigation Plan shall include a .good faith effort to avoid to archaeological/cultural:resources.through methods such as; but not limited to,project redesign, capping, andplacinganOPenspaoe designation over cultural resource areas. A coastal development permit applica#0n.far any.Fulmequentdevelopment at the site shall. include the submittal of evidence that the approved Aka including all mitigation, has been • fully implemented .ThecoaStal development permit for subsequent developMentofthesite shall include the.reVitireMent for a Monitoring Plan for archaeological and Native American monitoring during any site grading,.utility trenching or any other.development activity that has the potential Uncover-or otherwise disturb archaeological/cultural • resources as well as appropriate mitigation measures for any additional resources that are found The Monitoring Plan shall specifr that archaeological monitor(S)qualifiedly the. California Office elfin-01c-Preservation(011P)standardsi and Native American monitor(s)with documented ancestral ties to the area appointed consistent With the • standards,of the Native American Heritage Commission(3T.AHC).shall be 4(.114ec4 The Monitoring Plan shall inclUde, but not be limited to 1)procedures for selecting archaeological and Native American monitors; monitoring methods, $)•prbeedur4 that will be f011awed if additional or unexpected archaeological/cultural resources are. encountered during develOpMento?the site including, but not limited to;temporary cessation ofdevelopment activities until appropriate mitigation is determined,' Furthermore, the Monitoring Plan shall that sufficient archaeological and Native American monitors must be provided to assure that all activity that has the potential to uncover or otherwise diSturb cultural deposits will be monitored at all times While those activities are Occurring The Monitoring Plan shall be on-going•until grading activities have reached sterile.8.00. The subsequent mitigation plan shall beprepared in consultation with Native American. .Heritage CoMMiSsidn(NAM); Native.American tribal.group(s)that.have ancestral ties to the area as determined by the NAITO;and the State Historic Preservation Officer, subject to peer review, 'All requiredplans.shall be.consistent with the City of'Huntington.Beach General Plan and Local Coastal Program and in accordance with current professional practice, including but not limited to that ofthe California Office of Historic Preservation,and the Native American Heritage Commission, and shall be subject to the review and approval of the City of Huntington Peach-and,•if appealed, the Coastal COMMiSSion, • 75 • Document Number: 2015000383686 Page.:.92 of 179 1122 • 5-4 1068(Shea HoMes/Parkside) • Adopted Findings Thus;the City's certified LCP requires that any impacts to significant archaeological resources be reasonably mitigated.'Avoidance.of impacts to archaeological resources is the preferred alternative, which will avoid mitigation requirements. In the past,such as with the adjacent Hearthside Homes Brightwater project site,previous Commissions,'beginning in the early'1980's,approved archaeological research deSigni.(AR!))With the goal being the complete excavation of Native American archaeological resources. This was done for the purpose of analyzing the artifacts and features,as welt.as hutnattremains,in order to gain knowledge of:prehistoric culture and conditions: The Native American human remains and associated grave goods were reburied elsewhere on the project site,but artifacts and features were Sent to MUSOUIns.. This method of mitigation also served to allow property owners 10 subsequently develop the site with residential or other types of development unconstrained by buried cultural resources since they were able to relocate any existing archaeological resources elsewhere on the site. Increasingly,Native Americans,as Well as some archaeologists and environmental groups have found these mitigation practices to be objectionable and have petitioned the'Commission to require ARDs that avoid Impacts to archaeological reSointeshy requiring that'archaeological'resources remain in place, especially.Native AmericanhUrnan rethairiS. Known Archaeological Sites Nearby and Within the Project Site There are several known archaeological sites Within the vicinity of the project site including CA- ORA-85 the t berhard Site,located west of Bolsa Chica Road on the Hearthside Homes Brightwater prOjeCt site located On the Upper bench Of the Bolsa Chica Mesa;On the:west side of Bolsa Chica Road. • Perhaps one of the most significant known arChaeoldgical sites in the region is CA-ORA-83,,known as the"Cogged Stone Site". The archaeological site;located on the Upper.bench of the Bolsa Chica Mesa,is dated at 9,000 years old; ORA-83 is called the"Cogged Stone Site"due to the extensive number of cogged stone and other artifacts recoVerea. ORA-83 has been twice found by the State Historical Resources Commission to be eligible for listing in the National Register of Historic Places as well as federally recognized by a determination of eligible for listing in the National Register of Historic Places by the Keeper of the Register, In addition to cogged stones,a significant number of Native Anierican burials were found within and adjacent to the mapped archaeological site. ORA-83 is:considered a prehistoric Native American cemetery by several Native American tribal groups:as well as by the Native American Heritage Commission.CAORA-83 lies primarily on the southeastern portion of the 1054acreBrightwatetresidenfial prefect site. Although several archaeological investigations on the upper bench of the Balsa.Chica Mesa took place prior to the Coastal Act,.the predecessor companies to Hearthside Homes received several coastal development permits;beginning in the early 1980's,to conduct archaeological research;salvage and relocation Of human remains and grave related artifacts that were found: The archaeological research,salvage and reburial took place over the course of approximately 28 years with the final reburial occurring in spring 2009 Approximately 160 human burials,several animal burials,over 100 significant. , . archaeological features such as house pits,rock pits,and hearths and tens of thousands of beads; charmstones Cogged stones and,other artifacts have been found on CA-DRA43. Although several synopsis report i have been written concerning the cultural resources found at the Brightwater site, the final archaeological report is still pending, • 76 • Document Number: 2015000383686 Page: 93 of 179 1123 - • • . . . . • • 5-11-068 (Shea Homes/Parkside) - . Adopted Findings' consultant,L$A Associates,Inc.,contends that.these sites are not in fad archaeological Sites,as explained below, • • Previons.Atchaeological hivestiotions On the Project Site • • Previous archaeological,testing'has already been implemented on the*eject site: Tit 2904,2009 and 2010 archaeological testing was carried out on the Parlcside Estates site regarding CA-MA- 83/86/144,CAk-ORA-008 and CA-ORA,1309, The previous archaeological inyestigations consiSted of both.tnifaCe Survey and SUbSurfacetesting, CA-ORA-83 . ' • • As Stated above;a portion of the highly significant archaeOlogical site CAADRA-8.3:,The"Cogged Stone Site"extends on the western slope of the project Site For this reason special concern was, raised when it was discovered that the required flood protection feature may impact the archaeological site For the reasons detailed below in Section H.1.Hazard of this staff report,and the findings for CDP application 541,0.1.1(Shea Homes),Which is incorporated as if fully set forth herein,the project site must flood he?Ard mitigation to protect the surrounding neighborhood as well as the subject project site. It has been determined that the Only method to provide the required flood protection to effectively protect againstflooding and liquefaction is to tie '.subsurface barrier structure into the competent bluff at the northwest property boundary and the existing East Garden-Grove:Wintersburg Flood Control Channel(EGGWFCC)at the southwest end of the site. . . • The certified Land Use Plan requires hat new development of the Parkstde Estates site be consistent with the archaeological policies contained elsewhere in the Coastal Element that were not modified in conjunction with the recent LCP action regarding the•Parkside Estates site, The LW' requires that adverse impacts to archaeological resources be avoided where feasible and reasonable, mitigation for unavoidable impacts be implemented in conjunction with future Site develoPinent. • " Further,the Parkside Estates Implementation Plan amendment requires that an archaeological research design(ARE))be carried out for the subject site prior to review and approval of the application for the future development of the site. An AR])is required wlien.there is a.mapped archaeological site on a project site or the site is'otherwise known or expected to contain :arChaeological resources The ARD:provides information,based on subsurface investigation among other things, on the location and extent of any intact Midden,significant archaeological features, artifacts or human remains and allows the subsequent development proposal for the:Site to be. , designed in,a manner that is most protective of any existing archaeological resources. • In this•case,the project site has been subject to previous archaeological investigation and subsurface testing as outlined above Previous archaeological investigations have determined that the potential for'the presence of archaeological resources is located within the portion of the Site that has been . designated and zoned for open space-conservation use. Normally,the open space-conservation land use and zoning would not allow the type of development that would impact buried archaeological resources. Therefore,there is no need to Carry out subsurface investigations in the form of a typical ARID in an area that will not be developed,.since the investigations all involve potential'adverse • 78 • Document Number: 2015000383086 Page: 95 of 179 1124 5-11-068(Shea'.HOMes/Parkside) • Adopted Findings impacts to any.existing resources,to some extent or the other. The applicant initially applied to. carry out a proposed ARD as required by the LCP. All likely feasible geotechnically sound • alternatives for the required structure would impact the mapped archaeological site since it has to tie into the bluff and the archaeological site iS located at the edge of the bluff. However,staff objected to the proposed.ARD due to the avoidable significant impacts to any intact midden and/or features that may be:present.onthe Project site and did not have as a.goal the avOidanCeOfimpacts to any archaeological resources.that may bepreSent on the.Site: Instead the applicant applied to carry Otit combined gotifeschnical and archaeological investigation singe the area is designated and zoned.as open space and the only development that Would be allowed in the archaeological site is a subsurface flood,protection device. On-February.9,2011 the CominisSion approVed the-applicant's.request to conduct ageotechnical investigation,co-directed by a geoarchaeologist and an archaeologist,in order to determine the. feasible alignment for the future subsurface flood protection feattire(which is vegetated above ground)while minimizing.impacts to the mapped archaeological site since it was..dpformined.that. the only effective alignment would have to tie into the bluff containing a portion of CA-011A43: The approval was subject to special conditions requiring (1)the submittal.of.grading plans that are. Substantial conformance with the proposed project deseriptiOn;(2)COriformaticelvith the.preposed construction staging plan in order to avoid impacts to the adjacent ESHA and wetland areas and minimize impacts to the MIA and wetland buffers;(3)that the applicant out the proposed geoteclitical investigation in a manner that is most protective of the mapped archaeological site,as. proposed in the January 17,2011 project description,as revised'January 21.,2011 and a procedure tO resolve any dispOtositi thefield iegarding the..diScOvery of and/or the significance of • archaeOlOgidal resources arising among the engineer,geo-archaeologist,archaeologist,.and/or the Native American monitors;(4)and to preparea report at the conclusion of the investigation detailing the.findings of the investigation regarding the discovery of intact midden or significant archaeological resources and including the recommended route of the VFIT;(5).that the Southern tar plant and:seed bank within the work area be removed prior to grading and reserved within the fenced work area until it can be replanted in a permanent open space area,in conjunction with the pending Parlcside EStates:development or a-subsequent.Coastal permit applicatiOn;:.(6)the prohibition of grading or mechanical angering Within 500 feet of anoccupied.raptor.nest during the nesting season(February 15 through August 3.1)••,and the implementation of grading or mechanical augering within 5.00 feet of an occupied raptor nest during the nesting season(February 15 through August 31);and the implementation of grading or mechanical.augering within 500 feet of an occupied raptor nest during the nesting season(February 15 through August 31);:(7)and the. implementation of construction best management practices and good housekeeping practices to prevent impacts to'the adjacent marine resources; The applicant carried out the approved geotechnicallarChaeological investigation in February 22,24, and 28 and March 1-2 and 29,2011. The initially approved trench was subsequently allowed by the Executive Director to be extended by 40 additional feet in length because the applicant encountered unexpected fill material on the bluff instead of Competent soils. According.to the required investigation monitoring report,dated April 27,2011,during the implementation ofthe approved investigation a probable significant'archaeological feature was encountered(a house pit). However,, impacts to the feature were avoided and a geotechnically feasible alignment Was determined for the- , • 79 Document Number: 2015000383686 Page.: 96 of 179 1125 • 5-11-068 (Shea Homes/Parkside): Adopted FinOingS • requiredVFPF, According to the monitoring.report six bone.fragments were also found in disturbed fill material;•notin intact Midden SOils. .However,the fill material was left at the side of the trench where the fraginentswere found.to allow for screening inthe event the. fragments were determined to be human,.and if the MLD•manted the,material to be screened. The bone fragments were immediately turned over to the Orange County Coroner who determined them to be non-bnmah.. One of the Native American representatives present during the investigation requested that the fragments be analyzed to determine what animal they represented. The applicant arranged for this testirig tO.he done.. Subsequently,On JUne21,2011 dUring.backfilling:of the extended trench,thirty-six additional bone fragments were found within the fill material that had. been excavated.from the.trench. The work Was performed by hand•shoveling,•:in the presence of the project archaeologist and the Gabriel*.Native American monitor.. According to the project • archaeologist,the Coroner Was.called but declined to•inspect the;additional fragments,. The *Coroner's office instead.suggested that the additional fragments be sotto Dr. Thomas Wake,: Director of the Ljoatehatology Laboratory at UCLA,the same place that had analyzed the . sixbone.fragMents. Dr. Wake also determined these fragments to be from large mammals, - specifically,even-toedmigulates such as:deer,sheep,pigs,etc. •An unexpected procedure occOrred in the implementation of the approved geoteChnidal/arehaeOlOgical investigation,•According to the required follow Up report,the applicant • followed the applicable State law-requiring notification of the:County doroner upon the discovery of bone fragments in order to determine if they were human. However;the bone fragments were removed from the site by the applicant and taken to the Coroner for this.determination. As it turns out; the bone fragments wero-(1)not human and(2)not found in intact midden soils so•therawaino adverse ihipact associated with this:action. However,in cases where:thebone fragments are himifin • and/or found in intact midden.soils,premature reinoval Of bone fragments could result in unnecessary adverse iMpacts. Because the goal of any archaeological investigation is.to minimi4e, impacts to:significant archaeological'resources and avoid the complete exposure(and removal of)Of buried human remains,the Coroner should be called to the site,and the minimum amount of a bone . fragment should be exposed,to allow the Coroner.to carry oUttequiredanalysis:, Spedial-ConditiOn .8,Protection.of Potential Archaeological Resources:During Grading,requires that maximum efforts be taken to minimize impacts to human remains-and grave-related artifact,traditional,cultural sites, religious or spiritual sites,or other artifacts. The requirements of Special Condition 8 are explained below. • The commission finds that the portion.of CA-ORA--0 located on the subject site will be protected from impacts from.grading and development associated with the proposed project because(1).the . applicant has earned out,a geotecbnieal/arehaeological investigation that ila8 determined a geotechnically sound alignment that will not impact any intact midden Or archaeological resources,. (2)the,Commission imposes Special Condition.8.,Protection of Potential Archaeological Resources During'Grading,.to deal with any unexpected.discovery of archaeological resources. CA.OR.A-1308 and CA-ORA-.1309 There are also other mapped archaeological sites:on the subject project site. CA-ORA-1308.and CA-ORA-1309 were previously mapped on the eastern and central portions of the project site. • 8.0 • Document Number: 20150.00383086 Page:.97 of 179 1126 . . . . . . . . . 5-11-068(Shea HorneS/Parks id e) Adopted Findings • • However,the applicant's archaeological:consultant,LSA•Associates,Inc.,contends that.those sites are net in fact archaeological.sites. LSA.explains that the geotechnical borpholes.and trench evidence indicates that the sparse shell identified by initial archaeological surveys as possible . archaeological sites is naturally-occurring or imported shell spread across the project area by repeated disking: The shell was initially introduced onto the site by either as dredge material from the adjacent East Garden Grove-Winteraburg Flood Control Channel used to construct the Graham . . Street rainp;fill from the,former equestrian facility thatwaS loCatedikai.the leveet.or through excavation for storm drainQr agricultural water lines where naturally eXisting shell as aremnant:of prehistoric Bolsa Bay was dug up and subsequently spread across the:site through agricultural disking. ISA'explainS in their letter dated 411127;401.1,"Response to Questions Regarding the Potential for:tillttital Resources Ontside Archaeological Site CA-ORA-83186/144 on the Shea Homes'Parkside Estates Property,.Huntington:Beach,California?': • When:CA-ORA,130$and CA,Q/ZA-1.3.09 were first recorded in 1991,they were described as light-density shell scatters situated on the eastern edge of an agricultural field The • recorders remarked that with the.exception of one Mytilus.,4pp,shellfragment,the .composition of the shell was not inconsistent with what might occur naturally ond that subsurface testing.and geomorphic studies;would be needed to.establish Whether the sites. represented archaeOlogieal tenialtis(FeOtiro and Beaman 19910.. Accordingly,archaeological studies conducted by LSA in March 2004 demonstrated that the two sites are not archaeological deposits:The studies consisted of (1)A review of preVious. archaeological investigations..of the project area;(2)a review of geotechnical investigations • of the project area,(1)controlled surface collections within the boundaries of, CA-ORA-1308.and CA,.011.A.-1309,as Weir CA.,-ORA43.andnort-site areas;and(4)a surface survey.. • (1)Review of Previous Archaeological Investigations of the Project Area.The previous archaeolOgical.inyestigations included the original site forms recording sites CA-ORA-1308 and.CA,ORA4309(Ferraro and.Beckman 1991a, 1991h);the:original cultural resource document that discusses these sites(de:13arroP 1992);and a more report that also discusieS te.Sitet(Dillon 1997).Both theoriging site fetrns(Ferrato and Beckman 1991a, 1991b)and the cultural reaptree document first describing CA-ORA-1308 and CA-ORA-1309(de Barron 1992)call into question the validity of the Sites. Subsurface testing and geomorphic studies are identified by both of these referenceS as the manner by which to resolve the validity of these sites as archaeological pites,.billen.(1§07),with no more than an aerial photograph of the project area,argued that both•CA-ORA-1308.and CA-ORA-1309 were archaeological deposits, • 4. The geotechnical report documents that past land use of the parcel ha S been agricultural and further describes the existence of a 60-inch storm drain buried 6-9 ft below existing ground •level in the northern portion of the:project area(Pacific Soils Engineering;inc. 1998).The . burial of this storm drain has important implications for the presence of marine shell from the northern portion of the project area near what has been recorded as CA.:ORA-1:3097 A buried gas line is.also described near the western boundary of the project areas These results •• • 8.1. • Document Number: 201:5000383686 Page:.98 of 179 1127 . . . .. . . . . . • 5-11-068 (Shea Homes/Parktide) • Adopted.Findings. are consistent with the results of previous geoteohnical investigationSeonducted by Stoney.. Miller Consultants and LeRoy Crandall&Associate (Pacific Soils'Bngineering,Inc..1998: Appendix III;Sections.13..arid C,reSpectively): (3)Surface Collection.The goal of the LSA March 8,2004, surface collection,was td. Obtain samples of visible surfaceshell and artifacts from various 1.'x 1'meter(ni)grids. across the parcel:without disturbing StibStirfece depOsita..The lxlm sample grids were delineated with a•prefahricated 1 x I.m.aluminum grid In this.manner,the surface collections were comparable,since surface area of each collection grid was identical. The I x 1 m grids,termed Surface Collection Grids(SCOs);:were placed in four lodationa! (1)within the previously recorded boundary of CA,ORA-1308,(2)'within the previously. recorded.boundaries.of CA-ORA-1309,(3).at the base of thelneaasadjacent to CA-ORA-83, and(4)iria non-site area between the sites,. The surface.collection showed that the nonsite area.containeda.greater density of shell than' either previously teeorded site.CA,MA-13.08 or CA-ORA-1309. It also demonstrated that, with the exception of one fragment of Pismo clam.(Tivela stpltorimi).from anon-site area (SCG 7),,all shell from previously recorded sites GA-ORA-1308 and cii,QRA-13019 were • from a bay/estuarine environment and could be expected to occur naturally,as the area was • • once part of prehistoric 13.olsa.Bay-:(aaderriOnstrated by geotechnicel inVeStigatiOnS). SCGs 2 • and 3 at CA-ORA-1.308 had small quantities of irionia(rabelesir*ceplO),'Which are known to prefer a.breakwater rock habitat.Breakwater-like.rocks.(riprap)line the East. Garden Greve-Wiritersbtitg Flood Control Channel,further atrengtheningthe hypothesis that shell at CA-ORA-1308 is East Garden Grove-"Wintersburg Flood Control Channel dredge residual used to construct the Graham Street ramp over the channel and the channel constructionitself.Some of theloadwaY embankrrient has eroded ontolhelevel portion of the:field and hasbeen disked out int0,the!field. (4)Surface Survey,On.March 25;.2004,.LSA conducted'a systematic survey ofthe•entito project aTea.Nq:cultUral resources were observed; For these reasons,the applicant feels that an ART)is not necessary'for.CA-ORA-1308,and CA- ORA-1309 and that the above demonstrates why these are not actual archaeological sites and therefore there is no need to carry out any additional archaeological testing prior to allowing the proposed project to go fOr‘Vard. Given the presence of significant cultural deposits on and adjacent to the subject site,it is necessary to impose a.special condition requitingarchatological monitoring of grading;on the site,and any regnisite.lnitigation if there are discoveries of cultural deposits,to. ensure that the project remains consistent with section'30244.. Thus,the CoriiniissiOn finds that with the imposition of Special Condition 8,Protection of Potential Archaeological.Resources During Grading,which requires archaeological monitoring of all grading and construction activities that may.adversely impact any unexpected archaeological resources,ifthey.exist.will provide adequate protection,as explained below.. Special'Condition 8,Protection of Potential Archaeological Resources'During Grading • 82 Document Number: 2015000383686 Page.:.99 of 179 1128 . : . . . . . 5-11-068:(Shea Homes/Parkside) Adoptod..Findings Special Condition-8 requires that prior to the issnan.c.e•of the coastal development permit approving the proposed project that the applicant prepare and submit an archaeological monitoring and mitigation plan to be implemented.during all site grading and any other development activities(for example,trenching.for'utilities)that may impact buried archaeological resourees, The plan shall provide fer:(1.)monitoring of these activities by archaeological and Native American.monitors, and the designated most likely descendent(IVII.,D)when required by State law that an MLD be designated,(2).that a pregrading meeting be convened on the project site involving the applicant, grading COntraetorOrthaeologisti.and all monitors and the MID to in.order tnakestire all parties • are given a copy of the approved.archaeOlogiCalltionitoring and mitigation plan and understand.the procedures to be followed pursuant t the plan,.including the dispute resolution procedures to be followed if disputes arise in the field regarding the procedures and requirements of the approved archaeological monitoring and mitigation plan, (3)if archaeologicalleultural resources are found,all grading and construction must cease that could adversely impact theresOnrceiand/or prejudice Mitigation options until the significance of the resource is determined(if the resources are huthan. remains then additional State and Federal.laws are The potential.mitigation options must - include consideration of intsitu preservation,even if it means redesign of the approved project The: significance testing'plan.(STP),prepared hy.tho.projcct archaeologist,with input froni.the Native. American trieriitots and.MU),Must identify the.testing meEtaitita that will take place to deterthine Whether the archaeological/cultural resources:are significant,is submitted to the Executive Director to make a determination as to whether the STPis adequate and whether the implementation of the proposed STP can go forward without a Commission amendment to the permit,(4)once the.STP is. implemented,the results along with the.archaeologists recommendation on the significance of the .resolute,made in consultationivith the Native AMerican.MonitOrs and NILD,are submitted to the . Executive Director in order to rnake•:a.determination as.to.whether the discovered resources are • -SignifiCant;(5)if the resources are deterniiiietto. significant.by the.Executive Director;a. .Supplemental Archaeological Plan(SAP)must be prepared,that identifies appropriate investigation and mitigation measures for the resources found,in consultation with the Native American monitors,MLD,and peer reviewers and after preparation,comments solicited and incorporated from the Native America Heritage (NAHC),California Office 01M:stork • Preservation(OHP);and finally,(6)the applicant must carry outthe.approved.SAP after it is, approved by the Executive Director unless the ED determines that the proposed changes recommended in the SAP are not de minirnis and therefore must be approved by the Commission as an amendment to the permit Further,the applicant is required to submit a final report at the conclusion of the approved.archaeological monitoring and mitigation plan that is consistent in format and content with,the guidelines. Spedial Condition 9 requires'the applicant to curate.any artifacts not reburied on'the.projeCt site with an appropriately licensed facility,requesting such facility to agree to display the resources for public.educational purposes. • • Only as conditioned can the proposed.project.be found consistent with the certified LCP policies regarding the protection Of archaeological/cultural resources. . • , .83 Document Number: 201000383686 Page: 100 of 179 1129 . - • 5-11-06§ (Shea Homes/Parkside) Adopted Findings • H. Hazard Coastal Act Section 30253-states,in pertinent part: New Develop:tient shall.' (2) Minimize risks to life and proper-0 in areas of highgedlogie,flood, and fire hazard: ($)AsSUre stability and structural integrity, and neither create'kir Contribute. Significantly to erosion, geologic instabili6), or destruction of the site or surrounding area or in any way require the construction ofprotective devices that wouldSubstantially(titer natural landforms along bluffs and cliffs. • This Coastal Act section has been expressly incorporated into the City's certified LCP as Policy Goal C 10: • • LOP polig v J3,9 states: • Minimize risks to life andproperty in areas of high geologic,.flood(figure C-33)and firehaZard through siting anddetign to avoid the hazard. New development shall be designed to assure stability and structural integrity, and neither create nor contribute significantly to erosion,:geologic instability, or destruction of the site or surrounding area or in anyway'require the construction of a protective device. • LOP Policy C 4.4.2 statea: • Prohibit private development along the blies rising up to the.Boisa Chica mesa(the biuffface that rises above the northwestern edge of the Bolsa Chica low land)within: the City isjurisdictionthat would alter the natural landform or threaten the stability of the bluffs. Drainage systems and other such facilities nedess'aty tO ensure publia health or • safety may be allowedprovided that bluff alteration is restricted to the minimum necessary and is done in the least environmentally damagingfeasible manner. addition,Policy C 10.1.4 states: . . . Require appropriate engineering and building practices for all new structures'to withstand ground shaking and liquefaction such as those stated in the Uniform Building Code. The City's certified LCP LIR Policy C 6,1.2.7 states:' Channelizations, darns, or other substantial alterations Of rivers and streams shall • 84 • • Document Number: 201:00038.3686 Page: 101 of 179 1130 • 5-11,058 (SheHom.es/Parkside) Adopted Findings incorporate the best mitigation measures feasible, and be limited to (1)necessary water supply projects, (2)flood controlprojectswhere no other methOcl,for prOteeting existing structures in the flood plain's feasible and where such protection is necessary for public safety or to protect existing develppment, or(3)developments where the primary function is. the imprOVeinent Offish and wildlife habitat, In addition,the certified LUF,specific to the.subject Site,reqUites:"MirihniZationtinitigation of flood hazard shall include the placement of a FEIVIA certifiable,vegetated flood protection levee that achieves hazard mitigation goals and is most protective of coastal retourceS including wetland and ESHA". Further,the certified LUP,specific to the subject site;allows within ESHA.buffer a "Vegetated flood protection levee that is the most protective of coastal resources including wetland and ESHA". The subject site and much of the surrounding area are susceptible to.floOding. Iii addition; according to.the City of Huntington Beach;and because of present low elevation,the subject siteiS.considered susceptible to tsunami run-up. The subject siteis also subject to lignefaction. Furthermore,the proposed development must be evaluated for its ability to withstand anticipated flitted sea level rise(SLR). • The proposed project includes,among other things,the construction of 111 single.family residences: at the subject site. At the time the Commission reviewed theLIJPA for the subject site,the Commission's staff geologist reviewed a great deal of technical information submitted in conjunction with the.site specific LTIP amendment and earlier version of the related coastal development permit.application, Potential.geoteChnical and hydrological issues are addressed in.the staff geologist's Menlo dated July 24,2006.The staff geologist has indicated that:his July 24,206 memo remains applicable to the currently proposed developinerit. The staff geologist's memo is hereby incorporated by reference as though fully set forth herein. 1,, Flooding The subject site was once part of-the extensive Santa Ana River/l3olsa Chia complex. Historically, the site was part of the flood plain. However,site modifications prior to the COrninisSion's jurisdiction in the area(which began on 1/1/77)including construction of a dam and tidegates in the 1., 0s,the introduction of agricultural uses(including agricultural ditches.)it the 1930s,and construction of the East Garden.Orove-Wintersburg Flood Control Channel(EG014/FCC)in 1959 • effectively removed the site from functioning as a:flood plain If the.site were to be restored it would be a valuable addition to the Bolsa Chica wetlands • restoration project:. However,due to the modifidatioris described above(and as described in "wetlandS"section of this staff report), a hydrologic connection between the.subject Site and the Bolsa Chica wetlands no.longer exiSts. The proposed project includes construction of the Vegetated Flood.Protection Feature(1/FPF). The VFPF,as proposed,will not out off an existing hydrologic connection,as none has existed since prior to Commission jurisdiction in the area(1/1/77).. 85: , Document Numlper: 2015000383686 Page: 102 of 179 1131 5-11-068.(Shea liomes/Parkside) Adopted Findings • • • Higbi tidei potabined with storm surge will create tidal flooding across the site. The neighborhood immediately north of the subject site and additional areas inland of the subject site are located • Within the flood path and are glower elevations than the subject site.Portions of the subject Parkside site lie at elevations ranging from 1.9(1v181,NAVD,88)to 44 feet(MSL NAVD 88), Areas of the:surrounding neighborhoods lie at elevations as low as 26 feet.(MSL ilADV 8):below • sea level. Thus,the subject site Would not retain flood waters and will not function as a protective flood plain Ina worst case flooding scenario(high tide,storm surge,and failure of the lower reaches of the levees),up to 170 acres of inland developed area would be flooded under current site conditions, See exhibit 24 for an email from Orange County Public Works—Flood Control Design regarding the need for the VFPF for areas inland of the subject site. See exhibit 25 for a letter from .the City of Huntington Beadhpireotor of Public Works regarding the need for the VFPF. Without mitigation measures both the subject site and inland,surrounding area would be subject to flOciding. In order to mitigate the flood threat,the applicant has proposed a number of mitigation measures, These measures includei.improvements to the area's drainage system consisting of a new pump facility at the Slater storm water pump station,improvements to the Co5 flood control channel north levee,and construction of a vegetated flood protection feature(described in greater detail below), Approximately 170.acres inland of the subject site is also at risk from flooding, The inland 170 acres areprimarily developed with single family homes, The City's certified LCP requires that this existing developMent inland.of the•stibject site be:protected frOrn flaed hazard. The groundwater authority for Orange County is the Orange County Water District(QCWD). In a letter dated May 15,2012,the OCWD states: "Based on OCWD staff's review of hydrogeologio data collected from its nearby monitoring wells,we do not consider this location[the subject site]to be technically viable for surface infiltration for the purpose of groundwater recharge and storage." See exhibit 22 for ocwp 5/15/12 letter, a) Vegetated Flood Protection Feature - With or without development of the subject site,the inland 170 acres of existing,development must be protected from flood hazard. The path the tidal flooding would follow unavoidably:crosses the subject Site. The only way to adequately insure protection of the inland 170 acres of existing development is to install a flood protection levee(a:lc:a,VAT)fon the subject site or to the southwest of the subject site within the Bolsa Chica"Pocket Wetlands'between the Co5 flood Control channel and the Bolsa Chica mesa..The proposed VFPF alignment would fall within . Wetland and BSHA.buffer,but not vvithin•the wetlands or ESHAs themselVes, The alternative location,within the 13olsa,thipa pocket wetlands,would place the VFW'within wetland: • Moreover,because the VFPF is proposed to be vegetated with coastal sage scrub vegetation and is expected to require only infrequent maintenance intrusions,it is expected that the VFPF itself will. provide habitat valtie. TWA the proposed alternative is the least environmentally damaging alternative that would still provide necessary flood protection for existing inland development The necessary protection of the inland 170 acres would also protect the 50 acre subject site from flooding. • • • • 86 • Document Number: 2015000383686 Page: 103 of 17.9 1132 • •. • • ••• ',•.• •. • . . . . . . . . • 5-11-068(Shea tlomes/Parkside) • Adopted FindihOS • • A letter from.the Bolsa Chica Land Trust(BCLT)dated June 3,,suggests the prOpbSed Vegetated Flood Protection Feature(VFPF)is expressly forbidden by the certified LCP and references LOP Policy-CI...L.9 and LIJP Policy C*4:2,stated abOve:. The BCLT asserts these seemingly contradictory policies:must be balanced in a manner most protective of the:significant coastal resource [the bluff]. 'See.exhibit 26 for the '6/3/12 letter and exhibit 27 for the Applicant's response. However,the.CommisSion finds the VPPP is necessary to protect existing development and although the proposed project would also be protected by the Vegetated Flood Protection Feature (WPF),it does not create the need for-the V.FPF... Rather it is the inland,•existing development that currently requires flood protection regardless of whether the subject site is developed.. Through review Of theproject SPecifieiLC13'amendment 1706 and the proposed coastal development-permit application,it has been determined the least.environmentally damaging,feasible method for • protecting the inland development is construction of the proposed VFPF at the subject site., - Vurthermore,WP Policy C 6.1.27 allows for approval of charmeliZations,datts,or other substantial.alterations(such As the rivers and streams for•flood control projeets•where no other method for protecting existing in the flood Plain Is feasible and where such • protection is necessary to.protectexisting.development 14 addition,the•ComMiSsionfinda the VFPF as proposed is consistent with the provisions of the certified LOP that specifically address the• requirements for a development plan associated with the subject parcel The section.addressing Subarea.4Ic(subject SitOte4uires.a Hazard Mitigation and Flood Protection Plan including the following features:"Minimization/mitigation of flood hazard shall include the placement ofa FEMA certifiable; vegotated:flocdfirotectfan levee that achieves hamdmitigation goals and is the. most protective of coastal resburces including wetland and Thus,provisiortof the VFPF at • the proposed location qn the subject site is anticipated by and fully consistent with the certified LCP. as certified by the CornmiSSIOn. The vegetated,flood,protection feature(VFPF)is proposed within proposed LOt Y. Currently(i.e. subject site undeveloped),the approximately 170 developed acres located inland of the.Parkside site are subject to tidal flooding'. Flooding would likely occur'when both high tide and storm.surge occur at the same time as high flp-Win.the-005 flood control channel;causing combined tidal and riverine flows to overtop The`.`oil field road'',continue inland across the'subject site,and flood Up.to 170 acres of inland developed area containing abOut.800 home's. Thus,withor without the proposed dev.elopment,-flood protection is required. • The path of tidal.flOodingwoUld unavoidably cross:the subject site:. The southwestern portion of the subject site,adjacent to the-flood.control levee,presents the.most efficient location to install- flood protection This area in the southwest corner of the site between the flood control channel and the bluff provides.a relatively:narrow area within which construction of a barrier would Allow the flooding to be captured and contained This is because there is a narrow bottleneck area between • the north levee(elevation at top= 13,6':MS.t)•of the CountY'a•Co5 channel and the adjacent approximately 40ligh bluff. COnstruction ofthe proposed"vegetated-flood protection feature". (VFPF)within this narrow area between the two higher elevation areas(levee and bluff)presents the only feasible option for adequately insuring protection of the inland 170'acres of existing development The most effective and best•way to protect theinland 170 acres is to install'a flood • 87 Document Number: 2015000383686 Page: 104 of 179. 1133 5-11-068 (Shea HomeslParkside) Adopted Findings • protection leyee in this:location. Installation of this flood:protection would also result in flood protection for the 50 acre subject site. The applicant is therefore proposing tO construct a VFPF in this specific location. In order to be effective;the VFPF:must be placed Within area designated Open.Space COnservation. More specifically,it will be located within$SI1A.buffer area but not within the BSIIA or wetlands themselves or within wetland buffer Area,. In considering the appropriate land use designation for the subject site under LCP TAT Amendment.1,46,the Commission reviewed the need for a flood protection feature at the site At that time the Commission found that some type of flood protection feature.was necessary at the subject site in order to protect existing inland development from flood hazards: The Conimissiop Anther recognized that it would likely be necessary to place the flood protection feature within the conservation area of the site for the reasons described above. Finally, the commission,at that time,recognized that the VFPF would likely need to be placed within buffer area The Conunissien found that placingthe VFPF within buffer area was likely to be acceptable because"1)there would only be temporary conStruction-related impacts; 2)once Constructed,..the WIT would be planted to provide upland habitat that complements.the wetland vegetation, and, 3)the YFPP'WOO not require maironanee onee:construeted thus intrusiOns into the bufferwould belimitedonly to those necessary during vonstructiOn7': The VFPF is proposed,to•tie intp•the re-constructed(per this project)north levee of the.Oo5,.. From- the north levee the VFPF would continue roughly perpendicular to the levee for approximately 630 feet to the southeastern end of the Iolsa.Ciuca Mesa bluff. The width at the top fete YFPF is proposed to be 15 feet in order to accommodate maintenance vehicles, This width also allows for public access along the top of the VFPF to Just short of the midway point,wherea seenicNiSta point is proposed, The top width of the VFPF at the vista point will be 50 feet: A 50 foot by 50 foot turnaround is also proposed at the northerly terminus of the maintenance access road:(at the bluff end of the VFPF). VFPF side slopes are proposed to.vary from 2:1 to 5:1.and toe out at various elevations,so the bottom:VFPFAVidth varies from 70 to 120 feet, The:top.ofthe VFPF is proposed to beset at an average•elevation of 116 feet(MSL NAVD 88)to match the height of the Co5 levee. Existing grades within the VFPF'&path range from-0.6 tO±3.6. (MSL NAVD 8$),resulting in a.VFPF.height above existing grade of from.10 to 14 feet Grades rise quickly where the VFPF.will tie into the bluff at itsrionhernend. The proposed VFPP construction will consist.of installation ea:matrix of deep soil-cement mix columns and soil-cement cap,,and vegetated slopes on each side of the soil-cement The columns will be cast(mixed)in place,in holes drilled by a drilling rig, The columns will penetrate a minimum of 5 feet into the dense alluvial soils underlying a layer.of less dense alluvial.and provide the structural core of the VFPF that is intended to provide the basis for FEMA.levee certification, Upon completion of construction and planting,the VFPF will be:owned,maintained;and operated by the Orange County Public Works Department,except that the VFPF-vegetation.and irrigation will be maintained by the 110A. . . 88 Document Number: 20150.00383686 Page: 105 of 179. 1134 5-11-0.68 (Shea Flpmet/Parkside) Adopted Finding .S It should be.noted that construction of a flood control feat tire in a downstream location between the. levee and the bluff might accomplish necessary flood protection. However;that location would mean construction within the ESHA and wetland of the ecological reserve,resulting in greater impacts than the proposed location, While the proposed location falls within ESHA buffer area,it would not be located within either wetland or ESHA or within wetland buffer area In any case, Construction downstream would still result in flood protection for the subject site as well as the • inland 170 developed acres.. k suggestion has been Made that a flood protection feature could be constructed along the northern border of the site to protect the inland 170 tteres Such a structure would need to be over 1,500 feet long(the distance from the bluff to Grahatn Street),bringing its feasibility into question because of -the significant cost associated with constructing such a structure. Moreover,unless the structure made a right turn at.thenbitheast property line(or some similar point)and Wended across the property to the southern property boundary(a minimum distance of at least 360 additional feet),it would not stop inland flooding because it would not tie into the required higher elevation(the Co5 levee). Finally,and most importantly,,such a structure would need to be constructed within ESHA (northern eucalyptus grove)in order to tie into the bluff at the side of the property, Thus, such a structure would not be the least environmentally damaging,feasible alternative. • • Theoretically,a flood control assessment district could be formed to provide flood protection for the subject site and surrounding area. However,the owners of the surrounding affected properties are not co-applicants in the*refit application and therefore flood control alternatives involving development on the surrounding properties are not before the Commission. Alternatively,the proposed VFPF could be constructed by the Orange County Flood Control District(OCFCD)which serves the subject area. However,there is currently no plan or funding in place for the County flood control district to undertake theproject. The°CFO)has endorsed the proposed VFPF. b) Drainage System improvements In addition to the proposed VFPF,the applicant also proposes to make several improvements to the area drainage system: These include: 1)improving:the capacity and stability of the Co5 flood control Channel as described below;2)making changes to the storm drains under KeriilWorth Drive and Graham Streets,improving their capacity; and 3)upgrading the Slater Pump Station by • installing two more pumps. The proposed drainage improvements will not result in an increase in the area served or to the number of people served by the existing storm drain system.. However, the proposed hnproverrients-are intended to More efficiently and more safely address existing . conditions, The standard of review for all work within the flood control channel is the Chapter 3 policies of the Coastal Act. i. North Levee Improvements • The applicant proposes to construCt improvements to the north levee of the County's Co5 flood control channel adjacent to the subject site. The existing steel sheet pile system was constructed -pursuant to emergency coastal development permit No.5-07-025,G,issued to Orange County .Public Works, The:emergency permit allOmied the installation of 3800 linear feet:of 30 to 40 foot 89 Document Number: 20150.00383686 Page: 106 of 179 1135 1.11. . „. . . . . . . • • 5..11-0Q8 (Shen Hom.ea/Parkside)• . Adopted Findings • • • • • deep steel sheetpile along the north levee of the CO5 flood control channel,from Cntharn Street 0 3800 feet downstream. . . The proposed levee upgrades include installationof amatrix of deep.soileernent mix columns and, soil.cernent capto be placed at the landward side of the emergency.sheetpileS., These columns are proposed to be cast(mixed)in place,in holes drilled by a drilling rig.„ The columns:Would penetrate a minimum of 5 feet into the dense alluvial soils lying below the existing sheet piles As prOposed, the deep soil-cement columns would top out from 216 12 feet from the proposed levee acCes&roa& •Above the drilled columns,a variably deep!soil-cement cap will be placed using general earthaioVing.eqUipitent,capable of working in,close proxfinity•to the existing sheet piles. Thsoil- .cement is proposed to be plaeed in lifts until just belOW:the access road section. Finally the access road structural section•will:be placed above the soil-cement levee. The existing sheet pile is proposed to be finished with a continuous cap and rail to provide a 42 inch minimum height . handrail system along the access.trail :As described previously;a multi-use public access trail is proposed atop the levee. • The intent of the levee improvements is gain Federal Emergency Managentent Agency(FtIVIA) • certification for the levee.. The proposed levee work would begin'at the Graham Street bridge:and continue westerly(downstream):for approximately 2100 feet, At ti.....,40,4'nt.the flood'control levee • is proposed to join the proposed VW and the deep soil-cement mix columns would continue as • part.of the VFPP. No Work is eXpeetedor proposed within the flood control Channel itself in conjunction with the proposed levee upgrade. The proposed north levee improvements will not impact any identified wetland.or ESHA, • ii Slater Pump Station Improvement§ Studies required by the City of Huntington Beach arid perforined by-the applicant indicate that currently the Slater pump station is not able to adequately process the drainage flow it currently receives. Because the proposed development would result in an incremental increase in peak discharge from the subject site,the City required the applicant to undertake improvements to the pump station: Improvements proposed to the Slater.pump station include:-the addition of one 75; • • cubic.feet pet.Second-(cfs)main pump capable of pumping about 99 cfs at an intake elevation where existing pumps cannot operate and 102 cfs at full forebay eiesiation;'the addition of one 15 cfs sump pump to.replace an inoperative sump pump. This will draw down Slater forebay and*channel, creating about 40 acre-:feet of additional storage capacity;the addition of Ihre antivortek umbrellas, for the existing pumps,increasing each pump discharge by about 40 cfs,for.a total discharge increase of about 200 Os;and the addition of small pumps and water quality continuance deflection System(CDS):to receive dry weather flow and pump itio the proposed Natural Treatment System at • the siibjectaite. The proposed iMprOvernerits are intended to improve and increase the existing • capacity and reliability of the Slater puny Station, In addition,the proposed improvements are expected to improve water quality in the Slater Channel by allowing the channel to drain freely: The Slater•purnp station service area will remain the same 2,935 acres north and south of the Co5 channel: • iii. Storm Drain:Channel Crossing • • 90 • Document Number: 20150.0038$686 Page: 107 of 179 1136 . . , . „. . 5-i 1-06$ (Shea ifomeS/Parkside) Adopted'Findings Drainage from the subject site and from the Cabo del Mar condominium development adjacentto and northwest of the site,along with drainage front the Graham Street storm drain,are proposed to be directed to a new storm drain pipe under the Co5 flood control channel. The proposed storm drain pipe will connect with the Slater Pump station forebay The first flush'flows.,from the subject. Site and Cabo del Mar are proposed to be directed through a CDS or equal device prior to entering - the Slater pump station forebay. Directing drainage to the Slater forebay first is expected to. • improve the Watersentering the:NTS*1d is intended as a water,quality Measure. The stortudrain pipe proposed to be placed beneath the Co5 channel will be a 120.inch;single reinforced concrete pipe(RCP): The pipe is proposed to be placed on several feet of'Crashed rock (to improve the foundation conditions in:the soils beneath the channel)and:will.be capped with a concrete encasement'.(t0 prevent flotation); Concrete"gaskets"will he used.(in conjunction with flexible joint filler)to interface the RCP with.the steel sheet piles of the ehantiel leVeeS. The 'crushed rock bedding will be terminated at the interface between the storm drain and levee lining to:: prevent seepage.through the levees. . . Major improvements to the south levee of the Co5 Will be conducted by the.OrangeCOMity Public Works Department pursuant to recently approved coastal development permit:5.-09-269::(approved 3./9/14 At this time,the County plans to begin construction on the south levee in September of this year. The proposed storm drain pipe within the flood control channel will require construction of a connection front the storm drainpipe,through the north levee to cOnnect with the proposed subject. site drainage sytterri and through the:south levee tojoin the Slater Pump"Station forebay. The c,ormectionthrough the north levee:will beuOnstructed at the time the north levee improvements are implemented and will include cutting a hole in the.steel sheet pile so that a concrete gasker can be poured to join the channel pipe to the Parkside pipe. However,how the connection though the.south levee will be conducted will depend upon the status of the Orange County Public Works:Department's:progress With its south levee improvement project(per approved coastal development permit 5-09-49). One of three possible options will be pursued. If the.County's south levee pojectproceeds construction of the proposed storm drain channel.crossing and connection withthe.Slater Pump Station,then a short section of pipe.will be installed with the levee in lieu of a gasket,which would then be.replaced with steel sheet piling and a ednarete gasket during the County's construction of the south levee. If the County's south levee project occurs. concurrently with the proposed storm drain channel.crossing,then the concrete gasket within the levee will be poured following installation of the steel sheet piling..lithe County's south levee project has not yet commenced at the time of the proposed storm drain channel crossing,then the existing south levee material will be excavated and retained by temporary shoring,_Interfering' portions of the Slater forebay concrete lining will be removed and replaced and baCkfilling would . then occur. To prevent.seepage through the.levee walls;the concrete"gaskets"(along with anti, seepage joint materials at joins to the pipes)is proposed as a means of sealing the:Opening-in the steel sheet piles. la:addition,the gravel bedding will be discontinuous at the concrete"gasket",to further reduce the possibility of seepage through the levee wall. To accomplish construction Of the drainage pipe beneath the.flood control Channel,..crossfchannel 91 Document Number: 201:50.00383686 Page: 108 of 17.9 1137 5-11-068..(Shea Homes/Parkside) Adopted Findings • -cofferdams are proposed to be installed at the upstream and downstream eridS'of the channel • crossing areao.for toughly two thirds'of the:channel width;as well as.a cofferdam running longitudinal with the ehannel. Constructionvfithin one-half of the channel.is proposedfirst.. Once construction in the first half of the channel is complete;the cofferdam configuration is proposed to be"flipped's'about the centerlineOf the channel and work would begin.in the second half of the Channel, • • 'Cofferdam'construction is proposed.10 employ eitheriemporary driVenSlidet piles,:temporary inflatable bladders,or a temporary earthen berm,or some combination thereof The proposed channel crossing will also.require dewatering pewateringin the channel is proposed to*ludo pumps placed on the subject site during the coincidental rough grading to help sdraw down underground water levels.. The applicant anticipates additional.pumps to draw doWn the underground water levels in the channel..'The Slater pump station is proposed to be monitored as part of the prOposed monitoring program of the residential areas to the north of the subject site, Water winch is puived.'Rom.the channel via.the:dewatering pumps is proposed to be stored on the. subject site„de,siltcd,treated caineeded),and discharged back into the channel downstream of the channel work upon certification that applicable water quality standardS:have beensmet,.. A Biological.AssesSment and Alternatives'Analysis.(preparedby. LSA.and,dated.January 2010)was prepared fortheptoposed.channel crossing work; The Assessment found that the channel,in the area that adjoins the subject Site;is essentially devoid of wetland habitat. The.Assessment finds that: the vegetation.thatispresent.iS•best.characteriZedts ruderal and indicative of urbati flood control • channels in coastal.Southern California and consists of a mixture of hider-al upland and-Wetland, native and nonnative plant species. In addition,the Assessment finds that,although a number.of sensitive terrestrial and bird species arestno*ntO occur into general vicinity,..including.sensitive species such as the California least tern and the l8.elding's Savannah.Spartow,.nOne are.knOWntO or • expected to breed and/or reside within the channel,. The Assessment also found that theonlyfish species expected.to occur in the stretch Of channel.adjacent to the subject Site,But was snOt fOUrid - dining the survey,is the arrow goby,a common native fish species. Vegetation within the channel was found to be primarily algae with some duckweed,however much of the open water in the channel was devoid of vegetation. No eelgrass was.identifiedin the channel.. • • The Assessment identified tkeepotential impacts due to the in-channel construction for the proposed placement.of the storm drainpipe: sedimentation,turbidity,and disruption of flow within • the channel. Sedimentation could bury invertebrates living in the channel. However,the Assessment concludes.that such an impact would likely be.resiiicted to the California hornsnail; •which is a common native invertebrate;arid would be relatively localized and not considered significant to the species. With regard to turbidity,the•Assessment asserts that most aquatic'. • organisms found in channel habitat likely have adapted to some degree of turbidity as storm runoff and periodic scheduled discharges from the Slater pump states are'Commit". Thus,no impact S due to turbidity are expected. Finally,because the cofferdam Will not completely Nock the channel at • any time during construction;no blocking to the tidal flux would result.from the proposed storm drain plaCement. Overall,because potential impacts from COnstrUctionin the channel will be of limited duration and because sensitive species are not expected to be disturbed by the project,no adverse impacts to habitat are:expected.due.to the proposed constructionwithin the Chann.el.• • 92• • Document Number: 20150.00383680 Page: 109 of 17.9 1138 • 5-11-068 (Shea HOmed/Parkside) Mooted Findings • Because the flood contrOl Channel is tidally influenced,the area or the prepoSed project within the . flood control channel right-of-way falls within the Commission's original permit juriadiCtion. The area outside the flood control channel right-of-way falls within the Oity's,I,CP jurisdiction: • O) • Raised Fad Elevation The subject site's elevation,in the area of prOposed residential development,is also proposed to be raised to elevations higher than FEMA Base Flood Elevation(described in greater detail below). These higher elevations.would also aidin mitigating flood.hazard at the subject site, However, althoughlheraised elevations alone could exacerbate flooding in neighboring areas,.the above described drainage,levee and VFPF improvements will more than offset flooding impacts off-site. d) :Flooding-Coriclusion • • • • • The CdrrimisSiOn'S staff geologist,in his 2006 MeniCedetermined that,"Together,these improvements [proposed flood,mitigation measures described above'more than mitigate for the lost flood water storage caused by the addition of fill to the Parkside,Bstates site, According to references(9)(13)arid(16)[of the memo],these improvements would remove 7000 homes from the functional.flood-plain,and would reduce flood elevations throughout the Watershed.” 2. Liquefaction/Dewatering The soils at the subject:site ate susceptible to liquefaction during.a major earthqua.ke. In addition, the presence of peat could lead to settlement problems,because organic materials such as peat are subject to decay arid volume loss with time. Although peat,an indicator of wetland soils;is found, Within these sediments,it's presence does riot translate into pundit wetland conditions because the peat is located at depths beneath which wetlands exist; In order to mitigate for the liquefaction and settlement ho/nrds,the applicant proposes.overexcavation,dewatering and recompaction in the area proposed for residential arid associated development, This is proposed to be accomplished via"slot • grading"; This slot grading process is described as follows:excavation of soil within a.designated "slot",dewater the excavation by placing the excavated material on another area of the site for drying,replace the dried,suitable soil along with imported fill, The area for drying would be • located within the residential development footprint area. The"slots"would be excavated and refilled with compacted fill in a rapid 3 to 5 day tUrn-around. As one slot is closed,the adjacent area Will be opened up,resulting in only a limited area being used for active excavation/recompaction at any one time. The size Of the slots will range depending on the actual conditions on-site at the time of grading Generally,slot sizes are anticipated to be approximately 150 feet long by 50 feet wide t However,if the existing soil conditions are favorable;the size of the slot may be enlarged. The maximum slot size anticipated is 250 feet long by 100 feet:Wide. The maximum area to be under excavation at a time is not expected to exceed 20%of developable portion of the site. The average depth of soil removal would be 10 feet over the site. However,some areas will.need to be excavated to greater depths,such as in the area of the new Storm drain: The maximum depth anticipated.is 18 feet in the :93• Document Number: 2015000383686 Page: 110 of 179 1139 •. . . . . . . . . , . • 5-11-068 (shea Hom.es/Parkside). Adopted Findings • • area near the flood control channel. This depth is proposed in order to provide a stable foundation for proposed storm drain improvements, All slot grading is proposed within the area of the site that is designated for residential and associated development The slot gradingis.intended.tO both raise the.building sites' elevation and mitigate for potential problems:froin.settling,liquefaction,:and lateral Spreading that could occur from either development Ori,site or froth the occurrence of .seiSinic evert. .See exhibit 23 for additional remedialgradingdeScriptiom. The:overexpavatiort process is prOposedtainVolve approximately 48.1,079 cubic'yards of.cut. Of the481,670::cubic:yards of cut material,unstiltable fill materials such as peat•would•be,stockpiled on site for use incortiinOtlandScape areas,.and the remainder of thernaterial,as well as approximately 260,900 cubic yards of imported fill,would be compacted to 4uiteblp.cleptiAqs.to provide structural support and to prevent liquefactiOn: No soil export is proposed Potential impacts due to liquefaction are also proposed to be mitigated on.site with'structural design features. Since the excavations will extend below sea level,(*watering operations will be necessary. The site dewatering is proposed to be accomplished through a series of eight wells,55 feet in depth, In addition to these-deep wells,sump pumps,and shalkm.wells.and/or wellpoints are.proposed This dewatering operation has.the potential to result in.lovering-tif ground water levels off site too, which could lead to settlement probletris.there, PaCific Soils Engineering.,in a:report titled Update of'Groundwater Monitoring Program,Parkside Estates,dated May 28„2999 provides a summary assessment of potential impacts off-site due the proposed dewatering The conclusions of the report are based on groundwater monitoring conducted.by Pacific Soils:Engineering since.1999. The PSR summary report states that "groundwater'levels will be draWn:dOWn loCally below Park:side butlevela at the.edges of the .projeet;such as the north and south boundary,:will he,drawn down approximately tO..elevationS minus 8 and Minus.19,respectively. These drawdownelevations are less than recorded historic lows." The summary keport further states: • "Lowering of groundwater can cause an increase itt stresses on underlying that can: result in setileMent. How'e.ver,. that'response c a single 6cm:wren-de:Under any increased stress condition.. At Parkside;. "low"water:levels to elevations minus.23 have been reeorde4 thus settlements in response to:that'lowered water and increased stress.condition have.already occurred; Lowering of"perched'levels ofWater at or near Parlthide will have no significant settlement impact Lowering of the deep groundwater below elevation minus.23 could cause a.settkment response;however,such lowered water levels will not be caused bydevelopment ofParkside: Lowering of the regionalaquifer could:cause a Settlement response ifpastfluctuationsore exce.eded;how.ever; such.an.event would be regional'and locally uniform. Development of Parks Estates has.no impact on.nor any. control over such aregional event" • In order to mitigate for the potential 1r*nrd arising frOro site dewatering,The slot excavation described above,that will take place in,stages,with only narrow excavations open at any one time, is proposed The anticipated drawdown elevation is less than recorded historic lows that occur . regardless.of activity on the subject site. That is,fluctuations greater than those expected due to the 94 Document Number: 20150.00383686 Page: 111 of 17.9. 1140 . . . . 5-11-068(Shea Komes/Parkside). Adopted Findings proposed project occur naturally in the groundwater level at the subject site and in the neighborhood to the north,thus the proposed development is,not expected to result in settlement in that area, Even so;a special condition requires that the northern property.line be closely monitored, and if the Monitoringseveal8 that dtawdoWn to-8 feet(NISL NAVD SO.has occurred along the northern property line or to 719.feet(MST,NAVD'SS)at the southeast corner of the site and/or 1/4 inch•Of subsidence occurs at the northern property line,all groundwater pumping must cease: immediately. In April.2012,the applicant installed nine benchtnatknionittnetitt:along the northern property line to.determine A baseline elevation prior to beginning any excavation Or dewatering Work at the site„ Subsidence monitoring is also required as a special condition of approval in the southeast corner of the site(near Graham Street and the EGGW flood control channel);and one benchmark monument was also installed there in April 2012. Groundwaterexistabelow the project vicinity:as both perched water inthe upper sedinionts.as well • as deeper;more regional water that has fluctuated between depths as high as elevation 0'to as low as elevation minus 23. The proposed dewatering will extract water from both the shallow perched deeper zone as well as the 'system but the d.ewatering will occur within the range Of docUMented . • . • ••• histori,c fluctuationS. • The groundwater authority for Orange County is the Orange County Water District(OCIWD). In letter dated May 15,2012,the OCWD states:."Based on OCWD stairs review of hydrogeolOgic data collected from Its nearby'monitoring wells,.we do not consider this location[the subject site]to be technically Viable for surface infiltration.for the purpose of groundwater recharge and storage" See exhibit 22.for OCWD 5/15/12 letter. Although the applicant has proposed*groundwater monitoring plan.(Pacific Soils Engineering, May 28,2009,.Update of Groundwater Monitoring Program,Parkside Estates;City of Huntington Beach,California;and Pacific Soils Engineering, September 14„2009,.COver Letter to Accompany Dowatering Review),and would be required by Special Condition No..19 to conform all project design-and construction to the geotechilical.reports including the.proposed groundwater monitoring plan,an additional special condition specifically addressing groundwater and any related subsidence Monitoring is appropriate. Ey imposing this special condition,Special Condition No,26,although . adverse impacts to adjacent properties are not expected front the proposed project,an additional level of review will be in place and if unanticipated results from site dewatering do 4:441.4 they will be addressed prior to impacts. The monitoring plan required by the special condition must include,. but is not limitcdsto,monitoring of groundwater levels and subsidence along the northernproperty line and at the southeast corner of the site(Which are closest to'existing residential development),the • method of monitoring(to include but not be limited to;minimum number and location of monitoring wells,the party(ies)responsible for conducting the monitoring,preparation of a • mitigation plan for any adverse impacts identified and time frame for preparing and submitting the required mitigation plan to the Executive Director.In addition,the monitoring plan shall include the requirement that if the monitoring-reveals that drawclownto 78.feet(IVISL NAVD 88).has occurred along the northern property line or to-19 feet(MSL NAVD 8 8)at tire southeast corner of the site, • and/Or that 1/4 inch of subsidence has occurred either at the northern property line or in the southeast corner of the site,all groundwater pumping shall cease immediately. The COtnmissiOn finds.that . , • • 95 • Document Number: 201500Q38$686 Page:' 112 of 179 1141 . . . . . . • 5,11-068(Shea.Hotnes/Parkaide) . AdoptedFindings • Only as Conditioned is the proposed:development consistent with Section 30253 of the.coastal Act regarding minimizing hazard.. The discharge from.the proposed dewatering Wilrbe directed.:intO astOrm.drain rnanhole ultimately flowing into.the Co5 flood,control channel. This discharge proposarbasheen authorized by the Santa Ana Regional Water Quality Control Board under the*times dewatering.contractor's (Foothill Engineering&Dewatering)dernininius permitA.138=2069-003. 3., •Tsunami' According to the City of linntingtotil3eaah,arid because of the present low elevation,the subject site is considered Moderately susceptible to tsunami run-up.: In his July 24,2006memorandutn,the .. .. • Commission's staff geologist.states; . • .7'he Huntington Beach lowlands are quite vulnerable to.a:Major-tsunami: A tsunami that overtopped the lOwbernik.associated with the Pacific Coast Highway and the Oil filed roads in the ilolsa Chica wetland could inundate a large area of the lowlands, msuCh.ofWhich lies below sea level The proposed "yegetatedfloo.d pre:NO0.o feature"and tbe improvements •to the north levee ofthe.4ast Garden OrOve:WinteribUrg control Channel.[C0.51„ together. with,thelifereasedpad.elevatio?7,.will(olive the4drierability of the:Parkside.Estates site. AlthoUgh the placement offihl on the site Would:displace flood Waters into the surrounding • neighborhoodduring a major tsunami, the f'vegetatedjloodprotectionfeature"daeslower susceptibility of this area to smaller tsunamis, It should be noted that elevations of surrounding development are currently lower than existing elevations at the subject site Tsunami inundation WOulAreankinsflOoding of neighboring areas if a. tsunami were to occur,even in the absence of the proposed project Thus,the Construction of the VFPF and the Upgrades le;the Co5. result in improved protection from tsunami both at-the subject site as well as surrounding areaS. Thus,the potential hazard due from • tsunami,is adequately rhitigatedby the projectas proposed. ' 4.. Sea Level Rise . • . . For planning purposes,••sea level rise bf.approximately 3 feet:over-the:next 50-yearS is typically eniployed...The propo;sedProject has been designed stichthat'it can accommodate nfuture ride in. sea level of 4:5 feet Over the next 50 years. Thus,the potential hazard due to future sea level rise has been considered and incorporated into the design of the proposed project. • • 5. Assumption of Risk. , . The measures described above have been reviewed by Commission staff geologist and staff engineer and determined to be.adequate off-set expected impacts:due to flooding,:liquefaction, • Site•dewatering,tsunami,and future sea level rise. 'Although the,recommendations of the applicant's.technical consultants have been incorporated into the design.of the project in order to. minimize the risk due to these hazards,the risks are not eliminated entirely. As'described,the site is . , 96: • Document Number: 201:50.00383686 Page: 113 of 179. 1142 ATTACHMENT #7 Recorded in Official Records,Orange County Hugh Nguyen, Clerk-Recorder • 1111 1111111111111III III II IIII II IH 111 NO FEE • * $ 0 0 1 6 0 1 2 5 8 8 $ * • 2026000017549 RECORDING REQUESTED BY AND 90 CR-SC06 C15 185 10:24 am 01/23/26 WHEN RECORDED MAIL TO: • o.00 o.00 0.00 0.00 552.00 0.00 0.00 0.00 0.00 0.00 CALIFORNIA COASTAL COMMISSION 725 FRONT STREET, STE. 300 • • SANTA CRUZ, CA 95060 ' •STATE OF CALIFORNIA OFFICIAL BUSINESS • Document entitled to free recordation Pursuant to Government Code §27383 • APN's: 163-361-04, 163-362-48, 163-362-49,163-363-70 •CDP: Shea Homes 5-11-068 . • •CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the property conveyed by the Irrevocable Offer to Dedicate ' Public Access Easement and Declaration of Restrictions dated July-9,2015,executed by Shea Homes Limited Partnership, a California limited partnership, and redorded on July 23,2015, as Instrument No. 2015000383684 of the Official Records of the OffiCe of the Recorder of Orange County, attached hereto as Exhibit 1 and incorporated herein by this reference; is • hereby accepted as of the date hereof by the City of Huntington Beach, a municipal corporation ("Grantee"),on Nov. 18, 2025 ,and Grantee consents to recordation hereof by its duly authorized officer. Dated; F.e.. 0'2-5— • CITY OF HUNTINGTON BEACH, a municipal corporation By: 7.7424.Zz.....t. Name and Title Pat Burns, Mayor 1 • 1209 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CALIFORNIA COASTAL COMMISSION 725 FRONT STREET, STE. 300 SANTA CRUZ, CA 95060 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation Pursuant to Government Code §27383 APN's: 163-361-04, 163-362-48, 163-362-49,163-363-70 CDP: Shea Homes 5-11-068 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the property conveyed by the Irrevocable Offer to Dedicate Public Access Easement and Declaration of Restrictions dated July 9,2015,executed by Shea Homes Limited Partnership, a California limited partnership, and recorded on July 23, 2015, as Instrument No. 2015000383684 of the Official Records of the Office of the Recorder of Orange County, attached hereto as Exhibit 1 and incorporated herein by this reference, is hereby accepted as of the date hereof by the City of Huntington Beach, a municipal corporation ("Grantee"),on Nov. 18, 2025 ,and Grantee consents to recordation hereof by its duly authorized officer. Dated: /$' CITY OF HUNTINGTON BEACH, a municipal corporation By: Name and Title Pat Burns, Mayor 1 1209 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On 12/18/2025 before me, Donna Switzer, Notary Public, personally appeared Pat Burns who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. 1�Or y,f DONNA SWffZER tv�! ��� Notary Public-California W Ora WITNESS m a • I d and official seal �- '�-,'� Orange County .� # `��%�• My Comm.ExCommissionpires Nov2470457 9,2027 4416115111110.* (Seal) (Notary Signature) Exhibit 1 V. Retarding RnOested Ety: First AmetiOan Title Company Nntional HomeaullainrServIcts SubdMilon Department. RECORDING REQUESTED BY WHEN RECORDED RETURN TO: Recorded in Official Records,Orange County Hugh.Nguyen,Clerk-RecOrdet CalifOmia COastal Comnii•ssion 725 Front Street, Suite 300 1111111111111111111111MME11111 571/3° * o 0 7 7 0 6 6 7 o $ Santa Cruz, CA 95060 2015000383684 11:14,arq 07/23/15 62 416 E01 005 001 F15 1.83: Attn:Legal Division 0.00 000 0:00 0.00 646.00 040 0.00 0:00 • APNs:. 110-016-19, 110-016-20,and• 110-016-23 7//033C.0—°74' IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION 0.F RESTRICTIONS THIS IRREVOCABLE OFFER.TO DEDICATE PUBLIC ACCESS.EASEMENT AND DECLARATION OF RESTRICTIONS (this"Offer")is made this 4' day of 2015,.by Shea Homes Limited Partnership,a California limited partnership(the"Grantor"). I WHEREAS,Granter is the legal owner of a fee interest of certain real property located i the County of'Orange,State of California,described and depicted in EXHIBIT A, attached hereto,and incorporated herein by this reference(the"Property"); and II. WHEREAS,the California Coastal Act of 1976(the"Act"),which is codified in Division 20 of the California Public Resources Code("PR.C")SectiOns 30000 to 30900,defines a"Coastal Zone"for the State of California to which most of the Act's provisions apply(PRC Section 30103),arid all of the Property is located within that Coastal Zone; and III. WHEREAS,the Act created the California Coastal Commission(the "Commission")and requires that any coastal development permit approved by the Commission must be consistent with the policies of the Act; and Document Number: 2015000383684 Page: 1 of 184 1211 . . . IV. WHEREAS,pursuant to the Act,Grantor applied to the Commission for a coastal development permit to undertake development.(as defined in Section 30106 of the PRC):on the Property; and V. WHEREAS,on October 11,2012,the Commission conditionally approved Coastal Development:Permit No. 5-11-068(the"Permit"),and on October 9,-2013,the Commission approved Coastal Development Permit Amendment No. 5-11-068-A1(which together with the Permit shall hereinafter be referred to as the"Amended Permit"), in'accordance with the provisions of the adopted staff recornmeridationis and findings("Adopted.Stiff Report") and the Notice of Intent to issue Amended Permit dated November 13,.2014,both attached hereto as EXHIBIT 13 and incorporated herein by this reference,subject to the following condition(the"Condition'): "12. OFFER TO DEDICATE EASEMENTS FOR PUBLIC ACCESS AND RECREATION AND FOR HABITAT.CREATION&RESTORATION A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the permittee shall execute and record document(s) in a forth and content acceptable to the Executive Director, irrevocably offering to dedicate to a public agency(ies) or non-profit entity(ies) acceptable th the Executive Director, easements for public access and recreation as proposed ' by the permittee and as approved by this.permit; 1) Lot T, Lot L.1,Lot V,and Lot W [now known as Lot Ton revised TTM No. 15377] for public access and recreation; g) Lot 0,Lot P.Lot Q,and:Lot R[now known as Lot 0 on revised TTM'No 15377 ]for public access and recreation; 3) Lot C and Lot D[now known as Lot C on revised TIM NO: 15377 j for public access and recreation; 4) Lot N for public access and recreation, B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the permittee shall 'execute and record document(s) in a form and content acceptable to the Executive Director, irrevocably offering to dedicate to the homeowners: association proposed in conjunction with the approval of this coastal development permit, easements for habitat restoration (as described in the approved final habitat 'management plan approved,by this permit)of the following areas: 1) TTM 15377 Lot Z for wetland and habitat creation,restoration,maintenance and preservation as approved by this permit; Document Number: 2015%0383684 Page: 2 of'184 1212 • . . •• • 2) TIM 15377 Lot AA for habitat creation,restoration,maintenance and preservation as approved by this permit;. 3). TTM.15377 Lot BB and.Lot CC[to be coin bined and re-lettered as.apprOpriate]for habitat creation,restoration,.mahnenance.and preservation as.approved by this:'permit and for continuation of the informal public trail; 4) TIM 15419 Lot A.for wetland rand habitat creation,restoration,maintenance and preservation as approved by this peritiit.. C. The recorded dournert(s):shall include legaidescriptions of both.the permittee's entire.parcel(s).. and the easement areas. The redorded.:doduinent(s)-Shall reflect:that development in the Offered Area is restricted as set forth in the Special Conditions of this permit The offer shall be recorded free of prior liena, and encumbrances that.the ExecutiVe Director determines May affect the interest.being.eenveyed. The offer shall run with the land in favor of the People oldie.State of California;binding all successors and assignees,and shall be irrevocable for a period of 21 years, such period running from the date of reCeiding, The applicant's proposal for the lands to be offered for public trails and habitat creation and restoration are:generally depicted on the plan titled Site Plan, Revised Tentative Tract Map.. 15377 and 15419, City of Huntington geaCb, prepared by Hunsaker& Associates and dated May 24,2011 and received in the Commission's offices on July 25,2011. D. The lands'identified in this dedication shall be'maintained in accordance with the approved final Habitat Management Plan and with the approved final Public Amenities & Trail Management. Plan required in the special conditions of this coastal development permit." VI. WHEREAS, under the policies of Sections 102.10 thrOugh 302:12 of the Act; public access through the Coaatal.Zone,is to be maximized;and 'Ill. 'WHEREAS.,the Commission found that but for the imposition of the Conditions, the proposed development,could not be found consistent with the provisions of the Act and that.a permit could therefore not have been granted;and. VIII. WHEREAS,Grantor has elected to comply with the Conditions and,execute this Offer sO as to enable Grantor to undertake the development,authorized by the Permit. NOW,THFREPOR.E,in consideration of the above and the mutual benefit and conditions set forth herein;and the issuance of the Amended Permit,to Grantor by the • Coinniissiori, Grantor hereby irrevocably'Offers to dedicate to the People of the State of - California.a public access easement in gross and in Perpetuity over the Property as described below. Document Number: 20150700383684 Page: 3 of 184 1213 • • • • •• 1. DESCRIPTION. The easement offered hereby (the "Easement') affect those portions of the Property consisting of the entirety Of Lot T (formerly shown as Lots T, U, V and W on Tentative Tract Map 15377 (the"TT1V11,Lot 0 (formerly shown as Lots 0, P. Q and R on the Tim),.Lot C(formerly 'shown.as Lots C andID on the TTM); and Lot N, all as described and depicted on EXHIBIT .C, attached hereto and incorporated herein by this reference (the "Easement.Areas"). 2. PURPOSE: The Easement is for pUblioaeceSS and recreational Use purpdseS. 3. DECLARATION OF RESTRICTIONS. A. ConSistent.with the requirements Of.Special Condition 5 of the Amended Permit, no development defined in Section 30:106 of the Act,shall occur within,the Easement Areas except for the following development(which Grantor iS obligated to undertake pursuant to the Amended Permit): i. Grading,construction,maintenance and repair of any trails apprOved:pursuant to the: Amended Permit,conSiStent With the requirements Of the Rough Grading Plan,for' Tentative Tract:15377&Tentative Tract 15419,dated 2/15/11,prepared by Hunsaker &Associates and Pacific Soils Engineering, Inc. (as the,same may be amended with the approval of the Cointaission),and approved pursuant to Special Condition 19 of the Amended Permit;and ii. Vegetation planting and maintenance; and landscaping approved pursuant to the Amended Permit,consistent with the requirements of the Landscape Plan,prepared by Frank Radmacher Associates,titled"Residential:Area,"dated 2/11/13 and updated 11/20/13 with Sheet L-1 updated 2/20/14 and Sheet L-3 updated 2/6/13 (as the same may be amended:with•the approval of the Commission);and approved pursuant to Special Condition 14 of the Amended Permit; and iii. Installation,repair and maintenance of all public access amenities consistent with the Public Amenities and Trail Management-Plan, dated 2/26/14(as the same may be amended with the approval of the Commission),approved pursuant to the requirements of Spetial Condition 3 of the Amended Permit attached hereto as EXHIBIT D and incorporated herein by this reference(the"the Public Amenities and Trail Management Plan");and iv. Installation,repair and maintenance of signage consistent'with the Public'Amenities and Trail Management Plan;and Document Number: 201504)0383884 Page: 4 of 184 1214 • V. Installation,maintenance and repair.of fencing,safety devices and boundary treatments consistent with the requirements of the Public Amenities and Trail Management Plan,and,the final Wall and Fence Plan, dated September 1,20095 prepared by..thinsaker a•Associates(as the same may be amended with the of the ConnnisSiori),•approved pursuant to the regnirenientsbf Speeial.Condition 17 :oftheAmencle4Permit;and. vi. Installation,repair and maintenance of lighting consistent with.therequirements of the approved final Lighting Plan dated 3/8/13 revised 10/23/13,prepared'by LDB, Inc. (as the same may be amended with the approval of the Commission),approved pursuant to the requirements of Special•Condition.16 of the Amended Permit vii. Installation,repair and maintenariee.ofentry nionnmentationcOnsiStent with Entry Montimentation.Plan dated 2/7/13.,as revised on 9/26/13 the.same may be amended with the approval of the Commission),approved pursuantto requirements of Special Condition 6 of the Amend.ed•Perniit; \jiff. Installation,repair and maintenance of a storm drain pipe consistent with the Runsaker& Associates(9118/09) Storm Drain Improvement Plans for Tract 15377 (as the same may be amended with the approval of the Commission),approved pursuant to requirements of Special Condition 19 of the Amended.Permit. • B. The Easement Areas shall be maintained in accordance with.a1.1 applicable Special Conditions ofthe Amended Permit(including' Special Condition 3 which sets forth,among other things,the minimum width of the trails)and all applicable plans required.by the Amended Permit (including the Public Amenities and Trail Management Plan)in the form approved by the. Executive Director ate Commission. Grantee:shall not be:obligated to maintain,improve or otherwise expend any funds in connection with the Property or any interest or easement created • by this Offer: All costs and expenses for such maintenance,improvement,use or possession (except.for costs incurred by Grantee for monitoring compliance with the terms of this.Offer): shall be borne by the owner of the Property(Oran-tor or its:successor in interest). C. This Offer shall not be used or construed to allow anyone;prior to acceptance of theOffer,to interfere with any rights of public access.acquired through use that.may exist.on the Property. After of this Offer,Grantor shall not interfere with the public's use of the Document Number: 201501)0383684 PpgQ: 5 of.1 34. 1215 Easement nor take any action inconsistent with Such Use, including,without limitation, constructing or improving the Property in a manner inconsistent,with the public's use or enjoytrient thereof Or the terms and conditions of the Attended Permit. Grantor shall retain all normal rights and incidents.of ownership of the underlying fee interest in the Property not inconsistent with the Easement. 4. DURATION,ACCEPTANCE: TRANSFERABILITY. This Offer shall be irrevocable for a periOd of 21 years from thedate of recordation hereofl This Offer may be accepted by the City of Huntington Beach or,if not accepted by the City of Huntington Beach AS evidenced by the:recordation of an acceptance as:described below,then by apolitical stibdivision of the State of California,.a public entity or a priVate association acceptable to the Executive Directorof the Commission(the"Grantee") Such acceptance shall be effectuated by recordation by Grantee,ofan acceptance of this Offer in the forin attaehcd hereto as EXHIBIT E. Upon such recordation of acceptance,this Otter and its terms,conditions,,and restrictions shall have the effeCt of a grant of a public access easement in gross and in perpetuity that shall run with the land and be binding on the heirs,assigns,and successors of the Grantor. After acceptance,this Easement may be transferred to and held by any entity that qualifies as a Grantee under the criteria hereinabove stated. Acceptance of the Offer is subject to a covenant which runs with the land providing that the Grantee may not abandon the Easement,until such time'as Grantee effectively transfers the Easement to an entity which qualifies as a Grantee under the criteria hereinabove stated. No merger of title, estate or interest shall,be deemed effected by any previous,contemporaneous,or subsequent deed,grant,or assignment of an interest or estate in the Property,or any portion thereof,to the Grantee,or its successors or assigns. Notwithstanding the foregoing, Grantor,foritself and its assigns and successors in interest,covenants and agrees Document Number: 2015a00383884 Pep: 6 of'184 1216 that the use of the Property is.hereby restricted as set forth in this Offer and,that such restrictions Shall remain in full force and effect.during the period that:the Amended Permit, or any modification or amendment thereof remains effective;and during the period that the developmentnuthorized.by the Amended Pentit,or any modification of said development, remains in existence in or upon any part of;and thereby confers benefit upon,.the Property, It is the'express intent of'the.parties.that the Easement or the restrictions hereof not be extinguished by,merged into,modified,or otherwise deemed affected by any-ether interest or estate in the Property now or'hereafter held by the,Grarit6e Or its successorOr assigns. 6.: REMEDIES,Any act,conveyance.,contract,or authorization by the Grantor, whether written or oral,which'uses,or would causeto be used,or would permit use of the. Easement Area contrary to the terms of this-Offer VOI be deemed a violation and a breach hereof.The Grantor,any Grantee of the Easement, arty.o.fferee of this Offer,and the Commission ..may pursue any and-allavailablelegal and/or equitable remedies to enforce the terms and conditions of the Offer and Easement and their respective,interest in the Property. In the.event of a breach,any forbearance on the part of any such party to enforce the.terms and provisions hereof shall'not be deemed a Waiverof enforcement rights regarding any subsequent breach. 7. TAXES AND ASStSSMEVTS. Grantor agrees to pay or cause to be paid all real • property taxes and assessments levied or assessed against the Property. It is intended that this Offer and the use restrictions contained herein shall constitute enforceable restrictions within the' meaning of(a)Article XIII, Section 8 of the California Constitution; and(b) Section.02.1 of the California Revenue.and Taxation Code or successor statute.Furthermore, this,Offer,the Easement created by its acceptance and its restrictions shall be.deemed to constitute a servitude • Document Number: 201507)0883884 Page: 7 of.184 1217 • , . . upon and burden to the.Property within the meaning of Section 3712(d)of the California Revenue and Taxation Code,or successor 8tatute;which survives a sale of tax-deeded property. 8, SUCCESSORS AND ASSIGNS: The terms, covenants,conditions,exceptions, obligations,and reservations Contained in this Offer shall be deemed to be ceVenants,conditions and restriction.s running with tbe land end.shall be binding upon and inure,to the benefit of the successors and assigns of both the Grantor and the Grantee,whether voluntary or involuntary. 9. RIGHT OF ENTRY. The Commission,any Grantee aecepting this Offer and their respective agents tilaY enter Ont0 the.Property at times reason4bly acceptable to the Grantor to ascertain wherner the use restrictions set forth above are being observed. ///// //II/ ///// ///// ///// ///// ///// ///// ///// ///// ///// ///// ///// ///// —///// Document Number: 2015M0383684 Page: 8 of 184 1218 . . 10. SEVERABILITY. If any provision of this Offer is held to be invalid,or for any reason becomes unenforceable,no other provision shall be thereby affected or impaired. Executed as of this q day of (.)1,{111 ,2015, SHEA HOMES LIMITED PARTNERSHIP, A California Limited Partnership By: J.F. Shea,G.P. A Delaware general.partnership Its General Partrier By: J.F:S Management, L.P. A Delaware limited partnership, Its General Partner By: J.F. Shea Construction Management,Inc., A California corporation, Its General er By: obert J.Yoder Nam Title: Vice President By: e: ele Ti r-orgerkP-ti (See following page for notary acknowledgments) Document Number: 2015000383684 Page: 9 of 184 1219 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 QalifNia County Of apAq, • On OUA4 ZIA5 h before me, C kw( tkr. a Notary Public, personally'appeared KiWyrk-1/4)\lake Ink dairk who proved to me on the basis of satisfactory evidence to be thdperton(s.)whose name( )Ware subscribed to the Within instrument and at knOwledged to me that he/S14e/they executed the same in hiskier/their authorized Capacity(ies), and that by his/her/their.signature(a) on the instrument the person(s), 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 tje and Correct JULIE Wil,SON: WITNESS my hand and official seal, commission# 980goa < Notary Public-California I z'a .e!);;; Riverside County Signature Oti/-k GCW.40 (Seal). 1_ o_mrrl._Exp2rte_Jur2 27,2 01. 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 On , before me, a Notary Public, personally appeared , 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is:true and correct. WITNESS my hand and official seal. Signature (Seal) Document Number: 2015001)383884 Page: 10 of 184 1220 • This is to certify that the Irrevocable Offer to Dedicate Public Access Easement and Declaration.of kestrictiOns set forth above:is hereby acknowledged by the undersigned.officer on behalf Of the California Coastal Commission pursuant to authority conferred.by the California Coastal Commission when it granted Coastal Development Permit:No. 5-11-068, On October 11, 2012, and Coastal Development Permit No. 5-11-068-Al. on October 9,2013, and the CalifOrnia Coastal Commission consents to recordation thereof by its duly aUthorizod.of-ficer, Dated: 11/1/14,' 1 ,20 I CALIFORNIA.COASTAL COMMISSION °(•••/' . karla G Vez,'Stag CoOsel • • • . A notary public'or other officercompleting 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 Californi County Of 51 On C b,"( (IC , before tue) e .ktVyAlek„ , :a Notary Public, • - • • • pers6tially appeared --y..ArV, GGALKI , who proved to me on. the basis of satisfactory evidence to be the personA.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: ., • I certify under PENALTY OF PERJURY under the laws of the State:of California that the foregoing paragraph is true and Correa. • .- JEFF G.STABEN-MIHALEK • WITNESS my hand and o cia seaL GominlitIon 1966t6G .,.11 Notary Public,.Galitotnia' z • Signature !a_n_Fr_anchic_ (Seal). • "'' m Comm. Wet Jan.16,2016 F • • Document Number: 2015000383084 Pogo:. 11 of 184 1221 • _ . EXHIBIT A Legal Description and Graphic. Depiction of Property Document Number: 2015013)3383684 Page: 12 of 184 1222 . . . . • Order Number: 3163366-A (tc) Page Number: 7 LEGAL DESCRIPTION Reat property in'the City of Huntington Beach,.CoutItY of Orange, State of California,'described as fbljow5: PARCEL 1.; THOSE PORTIONS OF THOSE CERTAIN.PARCELS OF LAND HEREINAFTER DESIGNATED AS PARCEL A,PARCEL B AND PARCEL C PARTLY IN THE CITY OF HUNTINGTON BEACH,ALL WITHIN THE COUNTY OF ORANGE;STATE OF CALIFORNIA CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA AS PARCEL 6, PARCEL 7,PARCEL 8 AND PARCEL 9,BY CORPORATION QUITCLAIM DEED RECORDED FEBRUARY 22,1974 IN BOOK 11080, PAGE 287 OF OFFICIAL RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: PARCEL A: PARCEL.$AND 9 OF SAID CORPORATION QUITCLAIM DEED. PARCEL B.: THAT PORTION OF PARCEL 6.AND PARCEL 7 OF SAID CORPORATION QUITCLAIM DEED LYING EASTERLY AND SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 6;SAID CORNER ALSO BEING A POINT ON THE NORTHWESTERLY:LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT BY GRANT DEED RECORDED OCTOBER 11, 1960 IN BOOK 5457, PAGE 298,OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 6 COINCIDENT WITH SAID NORTHWESTERLY LINE S 63°40'21"W 150.20 FEET TO THE POINT OF BEGINNING OF SAID DESCRIBED LINE;'THENCE LEAVING SAID SOUTHEASTERLY LINE N 26° 19'39"W 103.00 FEET; THENCE N 18°40'21" E 1947. FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY; HAVING A RADIUS OF 4700 FEET,A RADIAL LINE TO SAID BEGINNING BEARS S 18°40 21"W,THENCE NORTHERLY ALONG SAID CURVE 93.35 FEET;THENCE LEAVING SAID CURVE ON A NON-TANGENT LINE N 26° 19'39"W 103.18 FEET;THENCE N 30°28'49" E 71.83 FEET TO THE NORTHERLY LINE OF SAID PARCEL 7 AND THE POINT OF TERMINATION OF SAID DESCRIBED LINE, PARCEL C: THAT PORITON OF PARCEL 6 AND PARCEL 7 OF SAID CORPORATION QUITCLAIM DEED LYING EASTERLY AND'SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 6,SAID CORNER ALSO BEING A POINT ON THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT BY GRANT DEED RECORDED OCTOBER 11, 1960 IN BOOK 5457,PAGE 298, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 6 COINCIDENT WITH SAID NORTHWESTERLY LINE S 63°40'21"W 686.50 FEET TO THE POINT OF BEGINNING OF SAID DESCRIBED UNE;THENCE LEAVING SAID SOUTHEASTERLY LINE N 26° 19'39"W 95.04 FEET; 'THENCE N 18° 07'02" E 231.15 FEET;THENCE N 29°37'43"E 37:58 FEET;THENCE N 57° 36' 46" E 150.89 FEET;THENCE N 44°49'05"E 172.30 FEET;.THENCE N 32°52'32"E 46.36 FEET First American Title Document Number: 2015000383684 Page.: 13 of 184 1223 . „ . . _ .• . , Order Number: 3163366-A (tc) Page Number: 8 TO.THE NORTHERLY LINE OF SAID PARCEL 7 AND THE POINT OF TERMINATION OF SAID DESCRIBED LINE. EXCEPTING THEREFROM PARCEL B AS DESCRIBED ABOVE. ALSO EXCEPTING FROM PARCELS A, B AND C AS DESCRIBED ABOVE,ALL OIL,GAS HYDROCARBONS AND MINERALS OF EVERY KIND AND CHARACTER IN OR UNDER SAID LAND AND SUCH WHICH MAY BE PRODUCED FROM SAID LANDS TOGETHER WITH THE RIGHT TO DRILL INTO AND EXTRACT THE SAME FROM ALL SAID LANDS BUT WITH NO RIGHT TO USE OF ANY PORTION.OF SAID.LANDSABOVE A PLANE FIVE HUNDRED(500)FEET BELOW THE SURFACE OF SAID LANDS FOR THE PRODUCTION OF SAID OIL,GAS,HYDROCARBONS AND MINERALS AS CONTAINED IN THE DEED RECORDED FEBRUARY 22, 1974 IN BOOK 11080, PAGE 2Eg.OF OFFICIAL RECORDS. NOTE: ALL SURFACE RIGHTS TO A DEPTH OF 500 FEET ARISING.FROM THE PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS DATED FEBRUARY 15,,1974,WERE QUITCLAIMED BY DOCUMENT RECORDED SEPTEMBER 19, 1996 AS INSTRUMENT NO. 19960479180 OF OFFICIAL RECORDS. PARCEL 2: A EASEMENT FOR DRAINAGE PER.THE TERMS OF THAT CERTAIN DRAINAGE:EASEMENT AGREEMENT RECORDED SEPTEMBER 19,1996 AS INSTRUMENT NO. 19960479185 OF OFFICIAL RECORDS,ORANGE COUNTY CALIFORNIA. APN: 110-016-19 and 11G-016-20 and 110-016-23 First American Title Document Number: 2015000383684 Page: 14 of 184 1224 ' •• •.• ,__..._....—.., .. ..... ... . . .".. .. .... . . EXHIBIT 'At' SHEET 1.0F j IN-1)1g.My OF KUDMI4CITON:DEACK.-COUNTY 0 OForic.g,.8TATE OF CAL1FOFDDA INDEX MAP iv 71 . TRCT NO:5.79'4 ?AN..236 / 2..f.:)..25 / i 1 \ .. .. .. . . .. ... .... I . 1 I. \ .• ge .• 5 . ' • \t 04 LEGEND .•\ * .... :. SECT PRoPERTi M iT DEED'PER . \ ..• ItiSTROEK RWDER ARD6.047912 RECORDED SEPTEM8ER..19, 096 O.R. , . 0 \ ' ------ODEC PRwERly cePc0Anciti ()mew+.DEED.B .11010..PAGE 26/' . • RECORDED MORDARY 22.ION,O.R. ci \. •• • •WitliugE \ . r•-• 1. (5 '•••; • -,- o• \- :cu. 1..) •rt. ...s: \ . 4. ••••:! • \ .1gif It, • ..0 0, s.:H = :BM. Fr: , • •p• \ 110 9.4 . PARCEL A \ • '1A tdol,'•• • -\ 0.'0 . VP.0 V X. ' • -‘)tp is. • \ . . %I _ I.: 431, o • \ .0 0.. 94.. .0./.1 • 1"' .4. •..4 ....",$) •-•• \ . ' f:. 3 \ •,)-i) . IN$T, NO. 19980479182.O.R. e l , .....,iis.. •17 \ '",' %:s..6 . . '?f, \ vo-. •s , ..,.. g. ..0.,....,...‘-;. k en • . •,i, • \ • •.. :.- .. . • ' . • ', Mo.WWI .' PA RcL 9 \ ..",..n., -'.. • \01 if) ....• • .... . 7. . g.4. SUFiVEVORS STATEMENT: c; -... •• , .72;le, nias 4,4Ap.14 . EPARED ,, . E,r• 1.) ff.4fY Dit#11(3i: \ .1.. ft) -0 • . LIf . . • -VOr\ .!4 30. .••• . . Erf.12 _11 ..1 /1/^ 1•••• " . .. . •R.. • MST .:13;1n•Ta:%sir — DATE— ,'''''')Ce 0 • .Y.J . . . . . ... . . . . . . .. . • 1,00\ .. ..•. ....: \ 1,.. •*.-14, :i \ ('?! • 5 !. h. • q <tz \ • ‹. L196.0. 87 :)..P. . _.1. C4\ • . o\ • .L.,, . . . --(E - ••• •• i . .. , Bol5A. eilICA STREET • .-... 9....•, .1.15.7" ,, • ' •— ., '''', ',Ili j•:,, ••qt1 \, :TRACi tte.17034 r•isic)- • r—li. 'TRACT tIp. 15734 • 1.05 PAX*. KO, 797;40-42 if.• • fv., . i M.M.89073:-41 "',.'if•#g,- /707 ''''';',i,,, —•jf, AVENUE. ' ae ---- • - •• • • • • •. • ix u)...D.-1.4F..k.pat.° ...'armerst e.VIII 13 T•&du Document Number: 2015000383684 Page:. 15 of 184 .. .. .. ..... . . . . . . .. . . 1225 . . _ EXHIBIT B Adopted Staff Report and Notice of Intent to Issue Amended Permit • Document Number: 2015000383684 Page: 16 of 184 1226 „ . , • . STATE Or CALIFORNIA -NATURALIZESCit1110ES AGENCY Edfriuric10.Brotvu.Jr:,.Govertior CALIFORNIA COASTAL COMMISSION filed: Remand South corptyvectOffice 180th DV: N/A 14 200 Ocoangate,Suite 1000 Staff: M.Vaughn-LB LOug Beach,.CA 0.080-4102 (564 i590-5071 8t4firg„eport; 9/20/12 Th 20:a Hearing Date: 16/11/12 (ernmi'ssion./Wien: 10./11/11 ADOPTED FINDINGS STAFF REPORT:.REGULAR CALENDAR Application Number: 5-11-068. Applicant: . Shea Homes (Jan Vander Velde) • Agent: Nancy Lucast, Steve Kaufman Project Location: Vacant 50•atre area at 1.7301 Cl-rahamStitet( et of.Gtaham Street north.of Wintersburg Channel);.Huntington Beach, Orange County Project.Description: Subdivision resulting in the.creation of 11.1 residential lots,additional lots for reads,conservation,public access and public park areas construction.of.111 single family homes.and related infrastructure; and.construction of paBc.activo park,passive park,.pan.°park, public access trails,natural treatment system,habitat restoration,new storm drainsystetn,new pump facility at the Slater storm water pump station, improvements to the flood control channel levee,flood protection feature,replace sewer putip, and new sewer torcp-main. (APN&110-016-19 and 11.0-016-20,and 110-016-23). Staff Recommendation: Approval with Conditions. • • • SUMMARY OF.STAFF RECOMMENDATION: Commission.staff is recommending APPROVAL of the proposed project with 27 Special Conditions necessary to assure that public access iS maximized,environmentally sensitive habitats and wetlands are•protected,the public benefits of the project occur as proposed;hazards are minimized,cultural resources are protected;water quality is protetted. The applicant is in agreement with the staff recommendation, The.motion to accomplish the staff recommendation is found.on page 11. Document Number: 2015000383684 Peoe:. 17 of 184 1227 • 5-1 1-06.8(Shea .Home.s/Parkside) Adopted Findings • Staff note: The hearing on this application was continued:from the June 2012. Commission meeting hi order to. allow staff tithe to explore resolution of any outstanding Coastal Act ViOlgiOns On the project site. Staff worked.closely with.Shea Homes.to reach a resolution of these.matters and proposed such. resolution to the Commission for approval at the September 2012.Commission meeting, After a public hearing on the matter,the Commission issued.Consent•Ceale and Desist Order CCC-12,CD- 10.and Consent Restoration Order CCC-12-RO-.10•as proposed by staff to resolve Coastal Act: violations that occurred on the project site consisting of fill of the wetland known as the EPA Wetland and fill of aportiOn of the wetland:know as the CP wetland,as well as adjacent areas. Under the..terms of the Consent Orders,.Shea Homes has agreed to resolve Coastal Act violations- including resolving monetary claims under the Coastal Act-by,amongst other things,restoring the areas subject to the unpermitted development and providing wetland restoration work and funding- that will directlybenefit wetlands on and in.the vicinity of thesite. • EXECUTIVE SUMMARY The Commission considered the applicant's proposed development at its Oetober'201 1 hearing, resulting in the Commission's denial of the'proposed project. Subsequent to the.denial,the filed suit against the Commission for denying its application, The applicant and the Commission settled the lawsuit,resulting in a stipulated remand filed with the Superior Court of California for Orange•County on March-2,201.2, The stipulated remand vacated and set aside the Commission's October 2011 action on the proPosed development and.requited the Commission to schedule the matter for a.new hearing.Additionally,the remand required Commission staff to make the same recommendation of approval with.Conditions that it had made in.connection with the October 6,2011. •hearing on the subject application,and to apply the Coastal Act and the City's' certified Local Coastal Program to the Parkside Estates Property, The stipulated remand provided, however,that the Commission retains full discretion provided under the Coastal Act and the City's certified Local Coattal.Program to take any:action pursuant to it legal.anthority. During Commission deliberations on this matter at the October 2011.. hearing; discussion focused primarily on five issues;the extent and.hisOry of wetlands'at the site;flood protection;the extent and impacts of excavation and.dewatering proposed at the site; appropriate,site density and housing type;and unpermitted development. Following is a summary of each of'these issues. Wetlands • The Huntington Beach certified LCP contains a standard for when an area is considered to be a • wetland and states,in pertinent part,that if an area's water table is at,near or above the land surface long enough to promote-the formation of hydric soils or'to support the growth of hydrophytes,then that area constitutes wetland. Essentially,if anarea is wet enough long.enough,it is characterized as wetland. Based on all information prepared and reviewed for the subject site,the area designated for residential and related development, is not wet enough.,long enough to promote either.the formation of hydric soils,or to support the growth:of hydrophytes. The City's certified LCP Document Number: 2015080383884 Page:. 18 of 184 1228 . , , • • . . • -5,11-068 (Plea.Fibmes/Parkside) Adopted-Findings. standardfor wetlands the same standard used in:Sectiori 30121•of the:Coastal Act.and Section. 13577(b)(1)of the Commission's Regulations. Thus;the area designated and proposed.for :residential and related development:does.not meet any one of the possible.three.tests-for wetlands:. hydrology,.vegetation;or soil .. HiStorioally,the prOject site-was part.oftheextensive BolsaChica•wetlands system.and the Santa Aria River/Bolsa ChiCa.cOMple.x. However,beginning in the.1 890S development began.to impede the sites wetland functions within those systems.. Such development included construction of a dam and tidegates in the 1 9,0s and the introduction of.agricultural uses (including agricultural ditches)in the 1910s. In addition,construction of the East.Garden Grove-Wintersburg Flood Control Channel (EQGW.FCC)in 1959 isolated the site hydrologiCally from'the Bolsa.Chica system. Nonetheless,wetlandS persisted on the site even with.these alterations. There are wetland areas.on the subject site outside the proposed residential development.area that are proposed to be protected and restored as part of the development plan: Duringthe Commission's review and.deliberations on the City of Huntington Beach's Local Coastal Program amendment for the site,these:come to be known As.the'EPA', `AP'.and 'CP'wetland areas. Extensive documentation addressing the extent.and location of wetlands atthe.site:lin been prepared in conjunction with the proposed development,first during.the.LCII amendment process arid now with the:coastal development,permit application.Updated wetland delineations dated September 1,2009 and April 20,2012 have.been prepared by-the-applicant's biologist,Tony Bornicamp.of Glenn Lukos Associates. In addition,the staff ecologist has reviewed historical information regarding the subject site and surrounding area,all previously submitted biological and wetland information,As well as recent aerial photos and rainfall patterns for the entire Site. A. complete list of all documents reviewed by the staff ecologist in conjunction with this project is included in Attachment B The Commission's staff ecologist finds the applicant's biological consultant's claim that areas previously identified as wetland do not constitute wetlands is a moot point as these areasare nonetheless proposed for restoration and preservation.in•the applicant's Habitat:Management Plan. • No.new evidence has been.suhinitted to support.the suggestion of the presence of wetlands in areas othersthan those recognized in the proposed Habitat Management.Plan and proposed for preservation and restoration. At the Commission's October heating on this applieation.a picture, was shown of a bulldozer stuck in mud. The area that.was shown in the photo is within the area proposed for restoration and preservation in.the applicant's proposed Habitat Managetnent.Pla,n, All wetlands and all necessary buffer areas are located within land that has an LUP designation of Open Space Conservation and zoned Coastal Conservation.,in the certified:LCP. These areas are proposed to be preserved and restored under the proposed coastal.development permit application. Flooding - • • As stated above,the:subject site was once part of the extensive Santa Ana River/Bolsa Chica complex; Historically;the site was part of the flood plain but the pre-Coastal Act construction of a 3 Document Number: 2015000383684 Page:. 19 of 184 1229 • • 5-11-.08.8,-(Shea Hornes/Parksick. Adopted Findings • • dam,and tidegates.among other have effectively removed the site from ftmctioning'.as a.flood plain. .Floodplain „High.tides combined with storm.surge Will.create tidal flooding across the.site. HOWever,it:is also important to note that the neighborhood immediately north of the subject site and additional areas inland of the subject site are located within the flood path and area lower elevations than the subject site.Thus,the sUbject site would not retain flood waters and will,not fitnctionas-a protective flood.plain, In a worst case flooding (high tide,.stormsurge, and failure.of the lower reaches of the levees),up to 170 acres of inland developed area would be flooded under current site Conditions.. The path the tidal flooding would ThllOW unavoidably crosses the subject site. The:'area in the southwest center of the site between the flood control channel and the bluff provides a.relatively narrow area within which.eonstructionofabarrier would allow the flooding to be captured and dOhtdifidd. Construction of the proposed"vegetated flood protection featige(V.FPF)within this narrow area between the“Vd.higher elevation areas.(levee and.blUff).presents the only feasible* option.for adequately insuring protection of the inland 170 acres of existing develOpinent. Protection of the inland 170 acres would also protect the 50.acre subject site from flooding. • Regardless.of whether the subject site'is developed,the inland 170 acres of existing development needs.to beprotected from:flood hazard. Theoretically,:a flood control.assessment district could be formedto provide flood protection for the subject site and surrounding area'. HOWevet,the owners of the surrounding affected properties are not co-applicantsinthe current application and therefore flood control alternatives involving development on the surrounding properties are not before.the Cornmiasion. Alternatively,the proposed VFPF could be constructed by the Orange-Connty-FlOed Control District(OCFCD)Which serves the subject area. How6ver,.there is currently no plan or ' finding in place for the county flood control district to undertake theprojeCt. The OCFCD.has endorsed the proposed VFPF. See exhibit 24 for an email from Orange County Public Works— Flood Control Design regarding the need for the VFPF for areas inland of the subject site. See exhibit.25.for a letter from the City of Huntington Beach Director Of Public Works regarding the need for the VFPF. VFPF Location A suggestion raised at the.October 2011Commission meeting was that a flood protection feature could be constructed along.the northern border of the site, Such a..structure would need to be over 1,500 feet long,bringing its.feasibility into question. Moreover;unless the structure isalso • extended along the northeast property line.as well as.extended approximately 360 feet along the eastern property line,the structure would not stop inland.flooding. Finally, and most importantly, such a structure would need to be constructed Within ESIIA in.order to tie into'the bluff at the westerly side of the property. Thus,this alternative structure'would not be the least environmentally damaging,feasible'alternative. Document Number: 20150610383084 Paoe.:.20 of 184 1230 . • • -. . • 5-11=00(Shea Homes/Parkside) • Adopted Findings The proposed location.of the VFPF avoids direct impacts to.ESHA,wetlands,.and'wetland buffers. It also involves the least encroachment into ESHA buffers. Finally',itavoids impacts to: archeological reSOUrces. Considering all these factors,the proposed location was selected as the .least environmentally daniagirig.feasible:alternative. • CLOMR: At the October 2011 hearing,.it was suggested that:the flOod.p.r.Qtection benefits of the proposed project are overstated or untrue because FEMA's Conditional Letter of Map Revision(CLOMR)is no longer valid. The argument presented at the hearing:was that the CLOMR predates.the 2009 flood maps forte area,yet the flood map was not revised to remove the inland area from the flood map. ifthe.CLOMR were valid, according te the argument,the inland area WOuld have been removed from the Map when it was updated 420.09. According to.FEMA,'A Conditional letter()Map Revision (CLOMR).is FEMA's comment On a propo*edprojgcr that would upon construction affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification.of the existing regulatory floodway, the effective Pas&Flood Elevations.(BREs),,or the Special Flood Hazard Area.(.SFHA). The letter does not revise an effective NFIF map, it indicates whether the project, if built as proposed, would be recognized by.FEMA. ... Once aprojecthas been completed, the community must request a revision to the Flood Insurance Pate Map (FIRM) to reflect the project. "As-builr certification'and other data must be submitted to support the revision request:" [emphasis added] Further,in a.letter dated October 6,2011,FEMA states that the CLOMR in question remains valid FEMA's October6,2Q11 letter is attached as exhibit 20h Groundwater. Excavation&Dcwatering • The site is susceptible to liquefaction during a major earthquake: In addition;the presence of peat. could lead to settlement problems because organic materials such as peat are subject to decay and volute loss with time: Although organic materials such as peat are part of the Make up of on-site soils,significant deposits are not present and organic material is not a factor driving the need for , ovetexcavation/recompaction of the site's soils, Peat is an indicator of wetland soils. However,the presence of peat in this case does not indicate the presence of wetlands because the peat is located•at depths beneath which wetlands exist. To mitigate the liquefaction and settlement issues, overexcavation,recompaction and dewatering are proposed to assure•stability of the subject site and surrounding area. The applicant has proposed"slot.excavations":where a limited amount of area would be excavated • at a time: These"slots'would be excavated to a depth of-approximately 10 feet,the soils spread. out in areas designated for residential deVelbpment to dry over an approximately 3-5 day period, removing unsuitable material', and theh refilling the slot with.the dried material and additional clean fill. As one slot is closed,the adjacent area will be opened. • 1 Thesunsuitable fill material will be stockpiled On site for use in common landscape areas. 5 Document Number: 2015000383684 Page:.21 of 184 1231 • . . . • • .5-11-068(Shea Homes/Parkside) • Adopted Findings • Concerns have been sexpressed that the proposed overexcaVation,:recompattion and dewatering may endanger existing.nearby development. The concern is that as the subject site is dewatered,the groundwater levels,not just at the•subject site,but potentially under the existing residential development immediately north of the site could also drop,resulting in settlement of existing development.. However, settlement in the adjacent neighborhood tO the north is not expected as a. result of proposed overexcavation,recompaction,and dewatering process Pacific Soils Engineering(PSE)has monitored groundwater at the project site since 1990. Based on this. ttiotoringi.the drawdown elevation is less than tedorded.hiatoric lows that occur regardless of activity on the subject Site, Nevertheless,Special Condition 26 requires that the northern property line be closely monitored,and if the monitoring reveals that drawdm,.vn.te.4 feet(Mean Sea Level National Agency Vertical Datum 88.NISL.NAYD 88))has occurred along the northern property line or to-19 feet atthe.southeast corner of the site.drid/ofif 1/4 inch of subsidence occurs at the northern property line,all groundwater pumping must cease immediately and the preparation of a mitigation plan that must be approved by the Commission through asubsevent permit amendment In April 2012,the applicant installed nine benchmark Monuments along the northern property line. •and one benchmark monument in the southeast corner of the site(near eraharnStreet and the E0OW flood.control channel)determine a baseline elevation prior to beginning any excavation or "• dewatering.work at the site, .. Due to the subject elevation range from.1..9 feet(MSL l\jAVD)to 4.4 feet(MSL NAVD),the above-described site excavations will extend below sea level,making dewatering operations • necessary.. The groundwater that will be devvateredidutingeonatrilction is both the perehed water in the upper sediments,as well as the deeper waters that have been tacked below this Site since 1999,. varying seasonally in elevation from as high as:O.tq as low aS.Inimks.21,. The proposed dewatering. has been addressed in numerous Pacific Soils Engineering(PSE)rePorts which conclude that. drawdown.during construction will be within historic fluctuations;thus;no new settlement.response is expected. During the hearing ou-tflisinafter in October 2011,sa report was cited as a basis to suggest that groundwater drawdown levels of the PSE report may not be accurate, The May 20,2010 report prepared by. Hushmand Associates,Inc. (HAI:report)did not study the project site. The preparer of the report;in a letter dated 10/3/11 (exhibit 21),states that the report was riot intended to • and should not be used to evaluate development proposed at the subject site. The PSE report, however,did specifically study the subject site over the dourte ofmete than ten years. The. Commission's staff'engineer has reviewed.the PSE report(s).and.cOneurs with thd conelusions contained.therein. The proposed overexcavation;.recompaction,and.dewatering is not expected to result in settlement of the adjacent neighborhood. Though settlement is not anticipated, Special Condition-26 requires monitoring for sttlernent and measures.to avoid adverse impacts caused by settlement. Density • • Cone-ems regarding appropriate density and product type have beentaiSed regarding the propOsed: project. Mote specifically, questions were raised regarding whether a higher density;more compact . . 2 This poriod of monitoring includes periods ofuntsually high rainfall and periods.of unusually low rainfall. Document Number: 2015000383884 Page:.22 of 184 1232 .• , •.•• •.. 5-11.4)68($hea .Florries/Parkside) Adopted:Findings product type might be more appropriate for the-subject Site: The developable area of the subject site was.determined-based on the presence Of wetlands,ESIJA, and necessary buffer areas Also eOnsidered.in determining the developable area was the need to minimize hazards,promote public access,preserve cultural resources,and.promote water quality,As described in greater detail in the body of this report Based-on these considerations,the eastern portion of the site was detettnined to be developable.for.the proposed residential and associated uses. • When-the:Commission approved the land use plan amendment fOr the subject site it did so with.a suggested Modification that:allowed the City to apply either the RI,(Residential Low,limit/nun of 7 units.per net acre)or the RM.(Residential Medium,from 7 to a maximum of units per net aere). designation to the 163 acre developable portion of the.site. The intent of allowing Alligher density at the site was,in part,to provide the option of concentrating•development consistent with Section 30250 of the Coastal Act which encourages;residential development to be concentrated in areas able to accommodate it. However,the option to designate the eastern,developable portion of the site for low density development was also Offered.. Ultimately,the City chose to certify the developable portion of the site with.a low density designation,Consistent with the Commission's range.of options: Under the low density residential designation to 7 units per acre),up to 185 units are Allowed withitt.the developable,residentially zoned area. The proposed project includes Ill single family residences This density is preferred by the City for this area of the City and specifically the project ite.. Recently,the City and Commission approved an update to the City's Downtown Specific Plan(DO). The 1)SP covers the area inland from the City's pier surrounding Main Street. The approved Downtown Specific Plan update.(1-1 -MAJ:- -RI,approved by the.Commission on. June 15,'2011)increased the density in portions,of the DO area, The City preferred the increased density in this area beat*it is a mixed use area(commercial,office,residential),served by alternate modes of transportation. The City feels that because the subject site does not offer the same opportunities,.the higher density is not appropriate here. Unpermitted Development As.noted above,the question of the unpermitted developinentwoheardby the Commission at the September 2012 Commission.meeting. After a pliblic hearing on the matter,the Commission issued Consent Cease.and Desist Order CCC-12-CD-10 and Consent.Re:stOratiOn Order CCC-12-R0-10 as proposed by staff to resolve Coastal Act violations that occurred on the project site consisting of fill of the wetland known as the EPA wetland and fill of a portion of the wetland know as the CP wetland,as well as adjacent areas.Under the terms of the ConsentOrders, Shea..Horoes has agreed to resolve Coastal Act violations including resolving monetary claims under the Coastal Act-by, amongst other things,restoring the areas subject to the unpermitted development and providing wetland restoration work and funding that will directly benefit Wetlands.on and in the vicinity of the site. • • • • • Document Number: 20150(683684 Page:.23 of 184 1233 • . . . . . 5-11-068 (Shea Homes/Parkside) Adopted Findings • TABLE OF CONTENTS I. MOTIONS • • 9 IL STANDARD CONDITIONS • .1() III. SPECIAL CONDITIONS. .10 IV. FINDINGS AND • DECLARATIONS. • 35 A. Project Description • • , ,35 B. Project Location, Site Description,&History 4 41 C. Permit&LCP History of the Site • .. .,o 42. • D. Standard a Review , - 43 .E. Public Access -- - .44 F. Wetlands,ESHA&Habitat , - • 58 G. Cultural Resources .73 H. Hazard , .84 I. Water Quality ..97 J. Density , , 100 K. Unpermitted Development 101 L. Local Coastal Program • 102 M.• California.Environmental.Quality Act 103 APPENDICES A. Substantive File Documents B. Documents Reviewed by Staff Ecologist in Conjunction with Project LIST OF EXHIBITS 1. Vicinity Map 2, Location Map 3. Approved Land Use Designations per HNB LCPA 1-06 4. Colored Lot Exhibit • 5. Proposed Public Access Plan O 6, Proposed.HMP Restoration Plan,Revised September 2011 7. Subject Site Relative to BCE11.&Brightwater 8. Proposed TTM 15377 9. Proposed TTM 15419 10. Existing Parcel Configuration 11. Proposed Privacy/Security Wall Adjacent to Levee Trail 12. Proposed Public Access During Construction Document Number: 2015060383684 Page: 24 of 184 1234 . . . . . . . 5-114068(Shea Flomes/ParKSide) Adopted Findings 13. Huntington Beach Letter Indicating Willingness to Accept Parks and NTS in Fee and Trail Easement Dedications 14. Huntington Beach Tire Department Memo Re Fuel Modification 15.- Orange County Parks Letter Re Levee Trail 16. Orange County Public Works AIC for VFPF and Levee Upgrades 17, Orange County Public Works Letter Re Willingness to Accept VFPF 18. LSA Letter Re Review Of Proposed Landscape Plan Plant Palette 19. PrOpoSed Lot/Housing Information Matrix 20. FEMA Letter Re Validity of CLOMR, 10/0/11 21. HAI:letter, 10/3/11 , 22. Orang County Water District letter,.5/1.5/12 23. Shea Homes letter,5/17/12,with Remedial Grading Exhibits 24. Email COrrespondendo from the County of Orange•Regarding the VFPF 25. Letter from the City of Huntington Beath Regarding the VFW' :26. Letter from the Bolga-Chica Ladd Trust 6/3/12 I 27. Applicant's Response to the BCLT 6/3/12 Letter I, MOTION.AND:RESOLUTION • Motion: I move that the Commission approve Coastal Development Permit No. 5-11-068 pursuant tO the staff tveommendation. Staff recommends a YES Vote, Passage of this motion will result in approval of the permit as conditioned arid adoption of the following resolution and findings, The motion.passes only by affirmative vote of a majority of the Commissioners present. Resolution: The Commission hereby approves a coastal development permit for the proposed development and adopts the finding set forth below on grounds that the development as conditioned will be in conformity with the policies of Chapter 3 of the Coastal Act and will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3. Approval of the permit complies with the California Environmental Quality Act because either 1)feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the.development on the environment,or 2)there are no further feasible mitigation measures or alternatives that would substantially lessen any significant adverse impacts of the development on the environment. • 9 Document Number: 2015000383884 Page: 25 of 184 1235 ,. . • 5-11-008.(Shea Hornes/ParkSide) • Adopted Findings. IL STANDARD CONDITIONS This permitis granted subject to the following standard conditions:. 1... Notice of Receipt and Acknowledgment The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions,is returned to the Commission office. 2. Expiration.. If development has not commenced,the permit will.expire two years.from the date. on which the Commission voted on the application. Development shall be pursued in:a diligent manner arid.completed in areasoriable period of time. Application for extension of the peritit must be made prior to the expiration date. 3, Interpretation, Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission., • 4.. Assignment. The perMit,inay be assigned to arty qualified person,provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5... Terms and Conditions kun.with the Land: These terms andeonditions Shall be perpetual;and it is:theintention of the Commission and.the permittee to bind all future owners And possessors of the subject property to the terms arid additions. III. SPECIAL CONDITIONS 1, OPEN SPACE CONSERVATION AREA RESTRICTION A. No development,as defined in Section 30106 of the Coastal Act.;shall occur within the land that is.land use designated.Open Space Conservation and.zoned Coastal Conservation except: 1. Habitat creation:arid restoration(described in the document titled Habitat Management Plan,Parks*'Estates,prepared by LSA AssoCiates,Inc.,for:Shea Homes,dated Septernber.2011 as revised by the conditions of this permits within Lot A,ITTM 15419,and Lots Z,AA,BR,and CC of'ITM 15377,.which lands are generally,but not fully depicted in Exhibit 4i• 2. Construction of the vegetated flood protection feature(VFPF)within Lot Y(only as approved by this permit and consistent with the.geotechnical plans that incorporate the provisions of protection of the archaeological resources. 3. Construction of the Water Quality Nat iralTrearnnt System within.Lot X(only as approved by this pemiit and as depicted in the Water Quality Management Plan. • for Parkside Estates,'prepared by Hunsaker&Associates,dated September 11, 2009,and onplana titled Rough Grading Plan for Tentative Tract 15377& • Tentative'Tract 1541.0,prepared by Hunsaker Associates;.and dated 9/19/2011));' • Document Number: 2015C160383684 Page:.26 of 184 1236 • • • 5-11-068 (Shea Hprn /Parlside) Adopted•PihdinOs 4. Passive Park within Lot S(only assapproved by this.permit and as depicted on plans titled Rough.Grading Plan for Tentative Tract.15377 &.Tentative Tract 15419,:prepared by Hunsaker..4.Asscciate.s,and dated.9/19/2011); 5. Grading'(only as apprOV.e.d by thisi permit);. 6. Public.4.0008s.trail and associated appurtenances and public access and interpretive signage(only.as approved by this-permit),and; 7. Maintenance'and repair activities'pursuant'to and in'conjunction with the management and maintenance of the HMP described at Al above: .8. The HMI',.as proposed and as conditioned,addresses the needfor fuel ModificatiOn by the typeS and locations Of vegetation to be established. As approved by the City of Huntington Beach Fire Department,the IMP states that • vegetation removal for fuel modification is not required. Vegetation removal for fuel modification within'the HMP area is not.a part if d:Lis coastal development permit and is prohibited. 0: The f011owingadditiOnal develOpment.may he.Allowed in the area:land e.designated Open Space Conservation and zoned Coastal Conservation subject to approval by the Coastal Corninisgon Of an amendment to.this.permit or•a new coastal development permit(unless•the Executive Director determines that pone is legally required);• 1. Habitat creation and restoration beyond that.described in the approved final limp I Maintenanee,rePait•and upgrade of water quality management structures and drai0s;. 3. Minor maintenance and repair of the approved:Vegetated Flood.Protection Feature consistent With the approved VETT plan; 4. Public access and recreation improvements that do-notinterfere with the habitat or habitat buffer areas. C. The area land use designated Open Space Conservation and zoned Coastal Conservation shall be maintained in accordance with this.eoastal development permit andtbe approved final 2.. HABITAT MANAGEMENT.PLAN A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the applicant shall.submit for the review and approval of the Executive Director,a revised Habitat Management Plan that incorporates the• following.changes: 1} Eliminates any fencing and/or gate(s)that interfere with public use of the Vista Point trail across the • entire.length of the top of the vegetated flood protection feature(VFPF). Any reference,to such fencing and/or gate(s)shall be outraged froth the HMP. Figures 1-4,4-1,6.1,6-2,7-1 shall be replaced with figures that'delete such fencing and/or gate(s)across the top of the VFPF Vista Point trail; 2) On.page.4-17 and page 6-17 delete the sentence"Remedial measures will be developed in consultation with•CCC staff and approved by the Executive Director prior to implementation," 3) Replace the.deleted sentence on page 4-17 and page 6-17 with the following sentence:."Remedial measures shall require an amendment to this coastal development permit unless the Executive Director determines'that none is:legally required," 4) Requires all quantitative sampling to be based on spatially stratified, randomly placed sampling units;- 5) ht Appendix A(MaintenanCe.and Monitoring.Schedule),replace the term"long-term maintenance plan"with"long-term management plan.." 6) Revise the HMP to incorporate the restoration activities described in Section 4.2A of Consent Cease and:Desist Order•lib.CCC-12,CD-10 and Consent Restoration Order'No.CCC-1240-10 issuedby.the Commission on September 13,2012, Document Number: 201500383684 Page.:.27 of 184 • • 1237 ... ,.. , , .. , .-.• ..• .,. .. ,, . . • : - 5-11-068 (Shea Homes/Parkside) Adopted FirklingS • , • : . • B. The'applicant shall implement.all wetland and babitat.creation,restoration,conservation,Maintenance and management,as proposed and:described in the.document titled Habitat Management Plan,Parkside Estates, prepared by LSA Associates„Inc,„for SheaHorrieS,revised September:2011 and as revised by the conditions of' this permits. Any proposed changes to the approved•plaw shall be reported to the Executive Director NO. changes to the.apProVed.Plan:Shall occur without aCOastal Commission approved aniendmenttothis•ooastal development permit or an approved coastal developnieritpetniit unless the Executive Director determines that none.is legally required. C. Consistent Withibe.proposedHabitat Management Plan,all areas on the subject site within the land use designation Open Space Conservation.and zoned Coastal Conservation,shall be managed and maintained in Perpetuity as follOWSi. . . . . . .. . . .:. .., • . Lot No.. 'Use.• .. ... .. ..• . Area(acres) Maintained: . Maintained:By • . Open Space, . HOA . Lot.A. • .'Wetland,Southern 4.8' • TTM 15419 y Eucalyptus ESHA,wetland • . . .i and habitat resteration. • — " • ... . - . . . S ..'Passive Park 0,57 - •. HOA and City, ' TTM 15377 . . . Z . .Restoration/Creation 4 - _ HOA TTM 1•5377 •'AP/EPA-Wetland. . . . . AA •Restotation/Creation 54 • •HOA TTM 15377 • AP/EPA Wetland, ' Buffer areasurrounding . . • •• AP/EPA Wetland(Lot 7). HOA UN ... . . .. .kestoration/Cteation 3.7 . TIN 15377 •AP/EPA Wetland, . . . Northern EuealyptusIESHA., • buffer area,and restored habitat Op — . (C* ... en...Space—Noythern: 0.4 - .H0A . - 'ITM 15377 -portiostyofn.o4hern. , • . • • Eucalyptus'Grove ESHA. and Retention of existing • • • • . - infotnial trail along western . . , . • . • en4 of northern property . - . . ,. ..'tin. • • , S . . . — • • • . Y VPPF(includes Vista Point. 1.5 . HOA.—trail and TTIvi 15377 trail) • landscaping . • • Maintenance; . . - • County-,•all Other ' V.PPP maintenance . . . . . • X • • NTS: 1.6 City • TTM 1577 -3 • . . . . . . . . . . . . . ... . .. . - . . . . • Document Number: 2015(10383684 Page.: 28 of 184 • . 1238 • • 5-1 1-068 (Shea Hornes/Parksidp) • Adopted Findings • D. All planting described in the approved Habitat Management Plan shall be complete pier to issuance of any certificate of occupancy for any residence. On-going management of the habitat,including maintenance and Mordtbring,shall continue in perpetuity aSdesCribed in the:approved final ilabitat.Manageinent•Plan(titled Habitat Managetierrt Plari,•ParksideEstates;.prepared by LS-A Associates mc,for Shea Homes,dated. September 20.11 as revisedby the conditions of this permit). . E. TheierMittee.shall undertake development in accordance with the approved final plans: As•in.all cases,the ongoing.management of the area that is.subject tO the,Habitat ManagemenfOlan Coritintes to apply tO successors ininterest;.including purchasers of individual residential lots,. consistent with the reqUirements Of the Homeowners ASsoCiation:PrOPesed.inConjuriction with the approval of the.Parkside Estates development.approved.in this permit, 3. PUBLIC AMENITIES.&TRAIL MANAGEMENT PLAN.. PRIOR TO ISSUANCE OF'TM COASTAL DEVELOPMENT Float the applicant.shall submit, for the review and approval of the Executive Director,a Public Amenities and TraillylaneOrpent Plan that includes,but is tiot.limitedtw A.. Public Amenities&Trails Provided At a minimum,public amenities and uses shall:be provided as listed below; • LOt.No. Use Declieated.to. Maintained,By Conveyed via Area • . (Ores) . . . Offer to• A Active Park City in fee 140A and City • Dedicate 1 Acre • TTM , (OTD)in fee.to 15377 CItY;. • • • dedication on tract map B. Sewer Lift City in-fee City • QM in fee.to 0:04 Acre TTM 'Station; City for,sewer' 15377 10 foot wide • .lift station; public access • OM easement easement to City for 10" wide public • . access; • dedication on • tract map . . . . . . .. . . .(1)Sidewalk; -(1)110A in fee WHOA and City CC&Rs; . . . . 3 The following lots-shown on TTM.15377 shall be combined and re-lettered: (1) Lots C and D; (2) Lots 0, P, Q,.and•R;and (3)Lots T, U, and W. Lots BB and CC shown on TTM 15377 shall be combined Into a single lot; Lot BB. Document Number: 20150a383884 Page: 29 of 184 1239 • • , , • 641-.068 (Shea Homes/Parkside) Adopted Findings TTM (2)Public (2)OTD (2)HOA dedication on 15377 trail/access,path& easement to the 'tract map landscaping City s tiedicatiOn.on . trail map ' •D* Public trail from HOA in fee; HOA OTD:easement TTM Lot C to interior trail OTD tO to City; 15377 street the City dedi'cation Cri tract Map deed ) 0—R* (90ased Park (1)HOA(in HOA testriOtiOn; 1.8 Acres TTM (2) 10 wide fee) •PC&Rs; 15377 public access (2)OTD to. ;dedication on easement City tract map (2)OTD easement tO the ' • City; dedication on • • tract map , • OTD trail- N Pedestrian Access HOA in fee HOA easement to the .0.1 Acre TTM (levee trail City; 15377 , connectors) dedication on • &Drainage tract Map W* Pedestrian Access OTD trail TTM (levee to EPA HOA in fee HOA easement to 15377 trail) City;CC&Rs; dedication on tract map • , . S Passive Park City in fee I-10A and City OTD to City in . TTM fee; 15377 Dedidation on tract map • ' — _ OTD easement to T,TJ,V* Open Space HOA in fee HOA City,CC&Rs; TTM Public Access(EPA dedication on tract 15377 Trail) map Y County in fee. I-OA—trail and wry' VFPF and landscaping Dedication on 15377 Public Access(Vista maintenance; tract map Point Trail) • County-all other , • Document Number: 201501010383684 Page.:.30 of 184 1240 5-11-068(Shea 1-1Ornes/Parkside) AdoPlQd.FirICOP. • - • • . . . VFPF maintenance . . , . . . . . . . ,. . Open Space 'CC Informal Trail at HOA in fee HOA Deed restriction, 17.111.1 Western end of CC&Its;, 15377 northern property line • dedic..atiOnOn tract • map Public Streets& . Street"A" landscape dedictitiOnOn tract Street sidewalks;entry.. dedicated in fee to maintained by HOA map;CC&Rs “At, landscaping .Qi.ty;landscape (entry . area to HOA; . landscaping) Streets PublitWeeta& City City ' . Dedication pit • "B" . tract map "F" • TTIVI 1$37 . . . . B. Public Access..Signage The Public Amenities&Trait Management Plan shall include a detailed signage plan that directs the public to the public trails and public recreational opportunities on the project site.. Signs shall invite and encourage - public.use of access and recreation.opportunities and shall identify and direct the public to their locations. At a minimum,.the detailed signage plan shall include: L. Public Access Signage shall be provided,at a minimnin,,in a visually prominent • place visible to vehiotilarand pedestrian traffic at each of the;following locations: a. Graham Street piny into the subdivision; b. Graham Street entry onto the levee top trail;. c. Emergency vehicle and puhlic pedestrian entry at Greenleaf Lane;. d. Each end of the EPA wetland trail(at the active park and at the western cul deice of C Street); e, At the levee and at the immediately adjacent street for each of the two levee connector trails(within Lot N and Lot W); f. Vista Point Trail connection with the levee. g. The point where the trail at the western end of the northern property line; adjacent to the.passive park,begins the assent to the Bolsa Chica mesa area. 2. In addition.to and/or in conjunction with the above,Public Amenity Overview Signs shall be provided in a visually.prominent place visible to vehicular and pedestrian traffic at each of the following locations: a. Graham Street entry into the.subdivision-; b. OrAham Street entry onto thelevee thp trail; e: Emergency vehicle and public pedestrian entry at Greenleaf Lane;. .d. Vista Point Trail.cennection with the levee 3. The public.access..and amenities signage.plan shall include,at a minimum,plans indicating the.size,wording and placement of public access signs. 4. Signage shall be visible from Graham Street at the subdivision entry and atthe levee,from Greenleaf Lane,from the levee at the Vista Point trail(VFPF)and at both levee connector trails(Lots N and W), and from internal circulation roads.and Document Number: 201501R:1383884 Page:.31 of 184 1241 • 5-11.-068 (Shea Hornes/Parkside) Adopted Findings ' • parks. Signage shall include.public facility identificationmonuments-(e.g.public Park name);facility identification/directional Monuments.(e.g.location of public amenities on-site and in The vicinity),informational signage and Circulation;and roadways signs. S. Signage shall convey-the message that public pedestrian.and reereationallise.is permitted and invited, 6. Vegetation shall not be allowed to obscure public access and amenities signage. 7. Signage that has the effect or creates the effect of limiting public use of the public trails.and.amenities are.prohibited. 8. Signs and displays net explicitly permitted hi this.document shall require an aineatientiethis permit Unless the Executive Director deterinitieS that no amendment is.legally required. C. Community.identification•signage at the main project entry(at.Graham Street)is allowed provided that any such.signage also makes*clear the Availability of the public tails-and-amenities throughout the site and that the public is welcome. D. The required public access and amenities plans shall identify all structures including location,: dimensions,materials and Colors,and use as well as sign and interpretive display text and graphics, size and:orientation. All plans shall.b.e.of sufficient scale.and detail to verify the location;.size.and content of all signage,and:the location and orientation,size,materialsand use.of structures during a physical inspection of the premises. E., Recreational appurtenances-siiehas.benches;refuSe containers:.fencing between the:trail and habitat areas;erosion control and footpath'control.plantings shall be depicted.on the required'public access and amenities plans. F. .All Palk areas, including parka and trails,shall inClude,low intensity.lighting.during:nighttime hours, Such lighting shall be consistent with Special*Condition No, 17 regarding directing all lighting within the development away from wetlands,ESHA,and other habitat and buffer areas. The . requiredlighting:Shall be,ineluded in the lightingplari described and required in Special Condition N9- 17. G. All sidewalkS and streets within the development shall be open andavailable to the.general'public. H. The public trail/maintenance road and vista point atop the VFPF shall be free of gates.or fencing that • restricts access across the top of the VFPF: Fencing to protect the restored habitat and that does not interfere..with thepublic VFPF trail or'with public views is allowed. The vehicular restriction at the emergency vehicle entrance from Greenleaf shall be the minimum necessary to preclude non-emergency vehieles...The placement of.4 series of bollards(which allow .easy pedestrian access)is preferred to the eonstruction of a gate. J. Measures that discourage public,use-of any public trails/amenities,on-site„including but net limited to,use of trails,parks,and-viewpoints,,are prohibited. Such prohibited measures include,but are not limited to,installation of gates,and/or use of guards. Any limitation on the hours of public use is prohibited.unless the applicant or its successor-in- interest applies for an amendment to this coastal development permit or a separate coastal development perniit.for a limitation on the hours of public use and receives authorization.forsudi limitations from the Commission. • L. The plan shall identify the minimum allowable width for each of the proposed trails,which shall'be ne less than 10 feet wide: Except within the Paseo Park area,the minimum 10 foot width shall be devoted entirely to pedestrian trail area.and shall be exclusive of any area necessary for landscaping and/or buffer and/or setback area or similar-type of development. Within the Paseo Park,the width of the'easement.offered for dedication shall be a minimum of 1.0 feet wide,and the trail itself,,which may meander within the easement,shall beno.less than 3.Y2 feet wide and maintained as a public access trail. Document Number: 2015=383684 Page:.32 of 184 1242 • •• . . . 5-11-.068 (Sliee.Homes/Parkside). Adopted Findings M.All subtliVision and project roads and sidewalks shalt remain open and available to the public for vehicular,.parking,pedestrian,and bicycle tise. All limitations otrestrictions are prohibited except temporary restrictions for public safety wheria.doopmented.,u0cd arises,subject to.approval of a coastal development permit:. N. Restrictions on public parking,including,but not limited limited hours and/or preferential parking. districts;are prohibited. Parking restrictions to allow periodic greet.cleaning is allowed provided the restriction is the leastnecessary to accomplish the objectiVe and that the restriction is no greater'than on-street street cleaning parking restrictions typically established throughout the City. O. $itecntryipoints,including the:Graham,Street entry,and all streets and trailS.shalltemain free of any type of entry restrictions including;but not limited to gates;guarded entry; and/or structurestuses that may be conStrUed and/or interpreted as limiting public use at the site. Pi No permanent gates or access restrictions are allowed. Only temporary gates and access restrictions • aSileCessarY for construction safety purposes are Q. NO permanent Chain link fencing is allowed;only teinpOrary chain link fencing as necessary for safety during construction may be allowed, 11. A/I.Pnblic trails and amenities shall be maintained at all times in a manner that promotes public use... S, The extent Of public trails and amenities shall not be reduced from that depicted on the approved. final Public Amenities and Trail Management Plan. T.. The public access trail easements and the lots within which they occur shall be maintained in a .manner that promotes public access and use of these public trail ,as proposed by the pentittee.and as described in arid reqUired by this permit. The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The perinittee shall not use this permit as evidence of a waiver ofarty public rights.that May exist on the property. , V: The permittee shall'undertake development in accordance with the approved final'plan. Any proposed changes to the approved final plan shall be reported to the Executive Direetor. No changes to the Approved final.plan shall occur without a Commission amendment to this coastal development . permit unless.the Executive Director determiries,that tiO amendment is legally required.. 4..• PUBLIC RESTROOM PRIOR TO ISSUANCE OE TUE COASTAL DEVELOPMMENT PERMIT,the applicant shall.stibrnit, for the review and approval of the Executive Director,plans that incorporate a permanent public restroom within the proposed Active Park. The plans shall identify the restroom location within the aCtive park,.and shall'provide plans detailing the specifics of the restroom,including,but not'limited to;floor plans and 6j6V.atiOTiS, A. The requirement to provide the:public restroom:and to manage.arid maintain the restroom for the life of the project shall be incorporated into the CC&Rs described in Special Condition No. 13. • below. B. The restroom shall be.available to the public,at a minimum,during.daylight hours.. C. On-going maintenance and.management of the public restroom shall be the responsibility of the • Homeowner'Association(H0A)proposed by the applicant. D. Subject to'approval.of an amendment to this coastal developmentpermit or.a new coastal development permit,long term maintenance and management of the permanent public restroom may be:accepted by.a public:agency(ies)or non-profit entity(ies)acceptable to the Executive Director. Document Number: 20150V0383.884 Page.: 33 of 184 1243 • • 5,11-068.(Shea ilornes/Parkside). Adoptqd Findings . . E. Subject of ap.arnenament to this cOastal,development permit,the applicant may propose an alternate location for the required public restroom so long as the alternate location is within the ViCinity.of the:0)110.1ra and recreation system found in and around around*Bols.a.Chica. ECologieal:Reserve„the BrightwaterdevelOpMent,the flood control channel levees, and the subject site;and provided that signage identifying the location Of the reStre.omiS-pladed,at a • minimum;within the subject site.public acceSs signage system and at.the alternate loCatiOn. 5. PUBLIC ACCESS AND RECREATION RE9UIREMENTS.AND.IIVIPROVEIVIENTS A.,. Streets,Roads and Public Parking • As.proposed,all streets,roads and parking shall bepublicly maintained and all streets,roads and public parking areas.identified on-the Parking Plan prepared Finisiiker&AssoCiates,'Inc.,dated 9/1/09 shall.be for public street purposes including,bnt.notiiinited to,pedestrian,bicycle and - vehicular access. All streets,roads and on-street public parking spaces shall be open.for use by the .general public 24 hours per day,with the exception of standard limited parking restrictions for street sweeping/maintenance purposes Long term or permanent physical obstruction of streets,roads and. public parking:areas.(eg:red curbing and restriction/limitation signage)shall be prohibited.. All • public entry controls.(e.g.gates,gate/guard houses,guards,signage,et )andrdstriction .011 Use by the general public(0-.g,preferential parking districts,resident-only parking periods/permits,etc.) associated with any streets.or parking:areas.shall be prohibited. B. Public Trails . . As proposed by the applicant and as described in Special COndition.3 of this permit,no deVelOpinent,. as defined in Seetion..304.06 of the Coastal Act,shall occur within the lotsidentified:for public access trail easements except for the following development:. grading and conStruction necessary to construct the trails and appurtenances allowed.by this permit,vegetation planting and maintenance, drainage devices approved pursuant to this permit,maintenance and repair activities pursuant to and In conjunction with the approved final Habitat Management Plan arid approved final Public Amenities and Trail Management Plan, Development that diminishes permanent public.access shall be prohibited. As proposed,the public.pedestrian trails shall have a decomposed granite surface, shall be a minimum often feet in width and shall be located within the lettered lots as proposed. The public access-trails-shall be open to the general public for passive recreational-Use.. • • C. Public'Parks • The Active Park(Lot A)„the Passive Park(Lot S).and the Paseo Park(Leta 0,P.Q,R)shown on proposed Tentative Tract Map No. 15377 dated May 24,2011 (exhibit.8 of this staff report),shall be open to the general public and maintained for active and passive park use as proposed.. No • development,as defined in Section 30106 of the Coastal Act,shall occur within any of these parks, except for the following development as approved by this perMit: grading and construction necessary to construct the parks,vegetation removal,planting and on going maintenance consistent with the approved landscape plan,drainage devices approved pursuant to this permit,and maintenance and repair activities pursuant'to and in conjunction with the management and • inaiutenauce-of the parks. In addition, the following shall be allowed within'the Active Parlq..tot lot play area,swing set play area,picnic.areas,benches and refuse containers for use by the general public,public access signage,public access signage,and public restroom Document Number: 201g060383684 Page:.34 of 184 1244 • • 5-11-668.(8 HOmes/Parksido) Adoptoctfindings • The applicant shall ensure the construction and completion of the public access and passive recreation improvements for parks.and trail purposes is carried.out as proposed by the applicant in.a timely manner consistent With Special Condition 7,Development Phasing 6. ENTRY•MONUMENTATION • A. All entry.mornimentation,itieltiding•signage,walls,and arbors,shall be eliminated from the project,. with:the exception of signage approved pursuant to SpecialCondition 3 of this pertnit. Garden retaining planter wallsnotto exceed 41"are exempt from this prohibition. Prior to.Issuance of the C6stal DeVelopthent.Perniit,the applioatit shall submit revised plans,for the.review and approval .of the.Executive Director;reflecting this requirement. B. All development'shall.conform with the approved final plait. 7. DEVELOPMENT.PHASING PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PEEWIT;The applicant shall submit a final development phasing plan for review and approval by the Executive Director,which shall conform to the folleWing:. All.d.eVelep.Ment shall be consistent with the of the approved Habitat ManageMent.Plan(titled Habitat Management Plan,ParkSid.e.EstateS,prepared by LSA • Associates,Inc.,.for Shea Homes,revised September 2011 and as conditioned by this perthit). In.addition,during the period of raptor nest initiation(January 1 through.April.30), no.grubbing;grading or other develnpment•activity shall take place within 328 feet(l00 r.neterS)-Of the Eucalyptus ESHAs. 'raptors arc nesting,no grading or other activities shall. occur within 500.feet of any active nest. The applicant shall initiate implementation of the approved Habitat Management Plan as soon as practical following deep grading within the area zoned for reSideritial development.and prior to or concurrent with surface.grading of the residential area. The applicant shall carry out the.restoration work•in an expeditious manner: As'proposed by the applicant,no rodenticides.shall.be used during site preparation,grading or construction,or for the life of the development. .2, Grading of the public trails,.parks and,amenities shall occur..as soon as:practical'following deep:grading within the area zoned for residential development and prior to or concurrent With surface grading of the residential area.All grading shall be carried out consistent with the provisions for the protection of thet$FA,wetland and habitat:at:PAP,:The conStruction of the•publie'trails,parks and:arrienities and the planting.describod it the approved Habitat Management Flan shall begin as soon as practical following the construction of the proposed public infrastructure(e.g.the public streets of the subdivision,thelqatural Treatment System,the Vegetated Flood Protection Feature and.improvements to the Huntington Beach Slater Pump Station). The applicant shall construct the public trails,parks and amenities:in ari expeditious Manner, Public AccesS at the site during construction shall be•maintained. Continuation of public use • of the informal trail,at the base of the bluff at the western side ofthe property shall not be obstructed or prevented prior to availability of either of the two proposed public access trails as shown on Exhibit 12.(Publ ic•Trall.Access During Construction Revised Tentative Tract Document Number: 20156%383684 Page:.35 of 184 1245 5-11-068 (Shea HOmes/Parkside) Adopted Findings, • .MapNo,.1.5377). The two public access trail to.b.e available during'construction after the informal trail is no longer available to the public during construction.are:'1)public'trail through the-Peseo•?ark•trail linked to the EPA trail;and 2)levee trail atop the north levee of the East Garden.0ralm WititereNrg flood contra chantiel,. The provision of public access • dining construction,including.lemporary public..access signa.ge,.$hall be parried:out as • proposed hy the applicant and as.refleetedin Exhibit 12 of this Staff report. Any.temporary.. .• public-access interruption shall be thetninitnuin necessary,shall not exceed one week -duration,andshall be reported to the Executive Director prior to being implemented.. 3. Construction of the public trails,parks and restroom,pursuant to the approved Public Amenities.and Trail Management.Plan,the.installation of habitat protection fencing pursuant to the approved-final.Habitat Management Plan,.the installation,of public access signage. consistent with the Public AmenitieS.and Trail Management Plan and the opening of the parks,trails and restroom for public use shall occur prior to or concurrently with the issuance ofthecertifiCate of occupancy for the first residenee. Interim public trail access shall be provided at all times prior to the opening of trails required by the Public Amenities and Trail Management Plan. 'B.. The approved Public Amenities&Trail Management:Plan shall.bohrOemented'and construction ofpliy.sical features of the plan completed prior to.issuance of the certificate'of occupancy for the firstresidence: C. The perinittee shall.linderte development inaccordance with the'approval final construction/development phasing plans.. D. Any proposed'changes:to theapproVed final plans or phases of construction shall be reported to the Executive Director, NO changes to the'approved final plans shall occur without a • • Commission amendment to.this coastal development permit unless the Executive Director • determines.that no amendment reqUired. 8. .PROTECTECTION OF POTENTIAL ARCHAEOLOGICAL RESOURCES DURING • GRADING . • A: PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the applicant shall submit.for the review and approval of the:Executive Director an archeological,monitoring. and mitigation plan,prepared by nqualifitd professional,that shall incorporate the following measures and procedures: 1. Arehaeologleal monitor(S)qualified by the California:Office.of Historic sPieSerVation.(QM standards,Native American monitor(s).with documented ancestral ties to thearea appointed. consistent with the standards of the Native American Heritage.COmmission(NAHC),and the Native American.most likely descendent(MLD)when State Law mandates identification of a MLD,shall monitor all project grading; 2. The permittee shall provide sufficient archeological and Native American monitors to assure - that all project grading that has any potential to uncover or otherwise disturb cultural deposits is monitored at all times. All archaeological monitors,Native American.monitors and Native. American most likely.descondentS(MLD);if State Law requires the involvement of the MID,shall be provided.with a copy of the.approved archaeological monitoring and •• mitigation plan required by this permit. Prior to commencement of grading,the,applicant shall convene an on-site pre-grading••meeting with ail archaeological monitors,Native • • Document Number:.2015*0383684 Page:.36 of 184 1246 • . . . • . .5-114168 (Shea H.Ornes/Parktide) Adopted Fndiflgs American monitors and Native.Ampripan most likely descendents.(MLD)along,with the. grading Contraotor,the applicant and the applicant's archaeological consultant-in order.to: make sure all parties understand the procedures to.be followed pursuant to the approved archaeological.monitoring andinifigatien plan, At the conclusion of the Meeting all parties attending the on:site pro-grading Meeting shall be required to sign a declaration,which has. been prepared by the applicant,subject to the review and approval of the Executive Director, stating that they have read,discussed and fully understand the procedures and requirements of the apPrOVed archaeological monitoring and,mitigation plan.andagreeto•abide'by-the terms thereof:. The declaration shall also include contadt phone nuMbers for all partieS. The declaration shall also contain the following procedures to be followed if disputes arise in the field,regarding the procedures and'requirement of the,approVed:arehaecilogioal monitoring and mitigation plan. Prior to commencement of grading,theapplicant shall submit a copy of the signed declaration to theExecutive birector and to each signatory.. (a). Any disputes in the field arisiag-aMengthe archaeologist,archaeological monitors, Native American monitors,Native American mostlikely.descendents Mfg,the grading*contractor or the applicant regardingeonipliance With the.procedures and requirements of theaPproved•archaeological monitering:.and.Mitigation plan shall be • promptly reported to the Executive Director via e-mail..and telephone. (b) All work shall be halted in the.area(s)of dispute: Work May continue in area(a),not subject to dispute,in accordance with all previsions of this special Condition, (c). Disputes shall be resolved-by the Executive Director,in consultation with the archaeological peer reviewers,Native American monitors„Native American MLD(if State Law requires the involvement of the MLD),the archaeologist and the applicant. • •(d). . If the dispute cannot be-resolved by the Executive Director in a liniely fashion,said dispute Shall be reported to the-Commission for resolution at the next regularly scheduled Commission meeting 3. If any cultural deposits are discovered during project construction,including but not Imuted to skeletal remains and.grave-telated artifacts,traditional cultural sites;religious or spiritual sites,or'features,the perrnitte.e shall carry out significance testing of said.deposits and, if cultural deposits are found by the Executive Director to.be significant pursuant to subsection C of this condition and,if applicable,any other relevant provisions,additional investigation and mitigation in accordance with all subsections of this special,condition shall be carried out and.implemented; 4'. If any cultural deposits are discovered,including but not limited to skeletal remains and grave-related:artifacts,traditional cultural sites,religious or spiritual sites;or features,all 'construction shall cease in accordance with subsection B;of this special Condition; S. In addition to recovery and reburial,in-situ preservation and avoidance of cultural deposits shall be considered asmitigation options,to be determined in accordance with the process outlined in this.condition; q. Uhlman remains are encountered,the permittee shall comply with applicable State and Federal laws. Procedures outlined in the monitoring and mitigationplan shall not prejudice the ability to comply with applicable State and Federal laws,:including but hot limited to, negotiations between the landowner and the MLD regarding the manner of treatment of human remains including,but not limited to,scientific or cultural.study of the remains (preferably non-destructive);selection of in-situ preservation ofremains,or recovery, repatriation and reburial of remains the time frame within which reburial or ceremonies must be conducted;or selection of,attendees to reburial events.or ceremonies.. The range of investigation.and Mitigation measures considered shall not be constrainedby the approved development plan, Where appropriate And consisteetwith State and Federal laws,the 21 Document Number: 2015000383684 Pago.:.3.7 of 184 1247 • 5-1 1-068 (Shea•HOtile$/Parkside) • Adopted Findings treatment of remains shall be decided as a.component:of the process outlined in the,other subsections'of this condition. 7., Prior to the commencement arid/Or re commencement of any monitoring,the permittee shall notify each archeological and Native American monitor of the and procedures established by this..specialcondition, Furthermore,prior to the commencement and/or re- commencement of any monitoring,the permittee shall.provide a copy of this special condition;the archeological monitoring and mitigation plan approved by the aecutive Director;-andany other plans required pursnatitto this condition and which have'been • approved by the:Executive Direetbr,:to each Monitar: B. Iran area of cultural deposits,including but'not limited to skeletal remains and grave,related artifacts,.traditional cultural sites;religious Or..spiritital sites,or features,is-.diseevered during the course of the project,.all construction-activities in the area of the discovery that have any potential to uncover or otherwise disturb cultural deposits in the area of the discovery and all construction that may foreclose mitigation options or the ability to implement the requirements of this condition shall cease and shall.not recommence except as provided in,o0sectiop'D and other.subsectioris.of this special condition. in'general,the area where.construction activities must cease shall be 1)no.lesk.than a 5.0-foot wide buffer around the cultural deposit,and not largerthan the'development phase within which the discovery is made. C. An applicant seeking to recommence construction following discovery of theeultUradePOsits shall submit a Signifidatice Testing Plan for the review:and approval of the Executiv.eDirector, The Significance Testing Plan shall identify the testing measures that will be undertaken to determine whether.the cultural deposits are,significant. The Significance Testing Plan shall be prepared by the project.arChaeolOgist(s), in consultation with the Native American monitor(s), and the Most Likely Descendent(MLD)when State Law mandates identification of a.MLD:. The Executive Director shall make a..deterinination regarding the adequacy of the.Significance Testing Plan within 10 working days-of receipt. If the Executive Director does not make such a determination within the prescribed time;the plan shall be deemed approved and implementation • may proceed. On-ce a plan is deemed adequate,the Executive Director will:make.a determination regarding the significance of the cultural deposits discovered.. (1) If the Executive Director approves the Significance Testing Plan and.determines that the Significance Testing Plan's recommended testing measures have a delninimis impact.on the. cultural deposits,in nature and scope,the significance testing may commence after the 'Executive Director informs-the permittee of that determination. • (2) If the.Executive Director approves the Significance Testing Plan but determines-that the. changes therein do not have a de minimis impact on the,cultural deposits,significance testing may not commence until after the Commission approves an amendment to thisE permit. (3.) Once the measures identified in the significance testing plan are undertaken,the permittee shall submit the results of the testing to.the Executive Director for review.and approval. The results shall be accompanied by the project archeologist's recommendation as to whether the findings should be considered significant The project archeologist's recommendation shall be made in consultation.with.the Native American monitors and the iymp.when State Law Mandates identification of a/vILD. If there is disagreement between.the project archeologist and the Native American monitors and/or the MLD;both perspectives.shall'bepresentedto the Executive Director, The'Execittive Director shall make the determinationas to Whether. • the deposits are significant based on the information available to the ExecutiVe Director. If • the deposit are found,to be significant,the permittee shall prepare and submittO the Executive Director a supplement 'Archeological Plan in accordance With subsection Eof Document Number: 2015A0383684 Page...38 of 184 1248 --11-.068 (Shea Homes/Parkside) Adopted Findings • this condition and all other relevant subsections. lithe deposits are found to henot significant,then the permittee may recommence grading in accordance with any measures outlined in the significance.testing program, • D; An:applicant seeking toxecommenee eonstraction follOWing udetermination:by the Executive Director that the Cultural deposits discovered aresignificant.shall submit a Supplementary Archaeological Plan for the review and approval Ofthe.ExdOntiVe Director. The Supplementary Archeological Plan shall be prepared by the project archaeoic.%ist(4.in consultation with die Native American monitor(s),the Most Likely Descendent(MLD)when State Law mandates identification of a*0;as Well.as Others identified in subsection E of this condition. The supplementary Archeological Plan ahall identify proposed investigation aitd mitigation Measures. If there is disagreement between the project archeologist and the'Native American monitors and/or the MLD,both perspectives shall be.presented to the Executive Director. The range of investigation and mitigation measures considered shall not be constrained by the approved • development plan., Mitigation.measures considered shall range from in-situ preservation to recovery and/or relocdficn. A good faith effort shall he made to avoid impacts to cultural resourcesthrough.methods.such as,but not.limited,to,project redesign,capping,and creating an open spae.earea-arOttnd the cultural resource areas. In°Merle protect cultural resources,any further development may only be undertaken consistent.Withthe provisions of the final approved,Supplementary Archaeological Plan. • (1) If the Executive Director'approves the Supplementary Archaeological Plan and determines that the Supplementary Archaeological Plan's:recommended changes to the proposed development or mitigation measures have.a de minimis impact-on.cultural deposits,in nature and scope,construction May recommence after the Executive Director informs the permittee of that determination. . (2). lithe Executive'Director approves the Supplementary Archaeological Plan but.determines that the changes'therein do not have a de minimis impact on cultural deposits,construction may notrecommence until after the Commission approves an amendment.to this permit. E. Prior to submittal to the Executive Director,all plans required to be sahrnittedpurstiant te this special condition,:shall have received review and written comment by a peer review committee convened in-.accordance with current professional•praetibe,and representatives of Native American groups with documented ancestral ties to the area. Names and qualifications of selected peer reviewers shall be submitted for review and approval by the Executive Director. The plans submitted to the Executive Director shall incorporate the.recommendations of the peer rpvieW committee and the Native American groups with doeumented:ancestratties to the area. FurthermOre,upon completion of the peeereView process,and prior to submittal to the Executive Director,all plans shall be submitted to the California.Office of Mkt:hie Preservation.(biAP)and the NAHC for their review and an opportunity to coinment. The plans submitted to the Executive Director shall incorporate the recommendations of the OIIP and.NAFIC. lithe OHP and/or NAlic do not respond within 30 days of their receipt of the plan,the requirement under this permit for those entities' review and comment shall expire,unless the Executive Director extends said deadline for goOdcause. All plans shall be submitted for the review and approval,of the Executive Director. F. At the completion ate archaeological grading monitoring and mitigation,the applicant shall prepare a.report,subject to the review and approval of the Executive Director;which shall include but not be limited to,detailed information concerning the quantity;types;location,and 23 • Document Number: 2015000383684 Page: 39 of 184 1246 • 5-11-008 (Shea Homes/Parkside). Adopted Findings • 'detailed description of any cultural resources discovered-on the project site,analysis performed and results and the treat-bent and.dispositien of any culturalresources thatwere excavated. The. report shall be prepared.consistent with.the State of California Office.of.Historic Preservation Planning Bulletin#4,"Archaeological Resource Management Reports(ARMR): Recommended. Contents.and Format".: The final:report'shall be.disseritinated tette Executive Director and'the South:Central.Coastal Information Center at California State University at.Fullerton: G. The permittee shall undertake development in accordance with the'approved final:plans'. Any proposed changes'to the approved final plans shall.be reported to.thelExeputive Director. No changes to the approved final plans shall occur without a Commission.amendment.to this coastal development permit unless.the:Extectitive Director determines that no.atiteidment is required. 9. CURATION OF ARTIFACTS AND DISSEMINATION OF CULTURAL INFORMATION PRIOR TO:ISSUANCE OF THIS'PERMIT;,the applicant shall submit for the review and approval of the Executive.Director evidence'of a written,agreement with a curation.facility that has agreed to accept any artifacts recovered from the project site.. Any such artifacts shall be.curated within.Orange County,at a facility meeting,the-established standards forthe curation of archaeological resources.. Further;_the applicant°shall request in the agreement that the facility receiving the collection prepare°an appropriate display of significant Materials so that the.public can view the.investigation results and benefit:from the knowledge'gained by the discoveries. If permanent'curation facilities are not available,artifacts may, betemporarily stored at a facility such .as.the Anthropology Department of the California State University.at Fullerton until space becomes available a facility meeting the above.standards. The applicant shall submit written proof.at' acceptance from the above.curatien Or temporary facility of 100.percent,of the recovered artifacts prior to issuance of the:permit. PRIOR TO ISSUANCE OF THIS PERMIT the applicant.shall submit,for the review and approval of the.Executive Director,a written agreement to distribute the final reports:required in Special Condition 8F to interested area institutions,vocational groups and Native American.tribal units within Soitthem.California,as well as to appropriate City,County and State agencies. • 10. REVISIONS TO TENTATIVE TRACT MAP'.15377 PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the applicant shall submit, for the review and approval of the Executive Director,revised.Tentative Tract Maps 15177 and 15419 stamped Approval'in Concept by the City ofiluntilRton Beach,reflecting the following.changes: A.. Reconfiguration of proposed-TTM 15377 such that.Lots 0,..P;Q.,and R(Paseo Park)are combined into a-single,lettered lot. B. Reconfiguration of proposed TTM 15377 such that Lots T,'U,V and Lot W(EPA trail connecting the-active park and-the levee)are combined into.a single,lettered lot. C. .Reconfiguration of proposed TTM 15317.such that Lots C and D(public.sidewalk and connection between A Street and C Street).are combined into a single,lettered lot. D. Reconfiguration of proposed TTM 15377 such'that Lots DB'and C.C.are combined into a single, lettered lot,Lot BB. E. All lots proposed to include public access and recreational uses shall be identified as such on the TTM. F. All lots proposed for ESEA,wetland,habitat uses shall be identified as-such.on the TTM. Document Number: 201'54)0383684 Pegs:.40 of 184 1250 • 5-11-068 (Shea•Homes/Parkside) Adopted.Findings G. Lots proposed to be offered for dedication in fee for public works facilities and/or public recreation shall be identified on thO TTM and shall:identify the dedication's use,including the following lots: i. Lot A,TTM 15377:Active Park dedicated to the City of Huntington Beach; ii. Lot S,TTM 15377:.Passive.Park dedicated to City of Huntington Beach; Lot•B,TTM.15377: Sewer Lift station dedicated to City of Huntington.Beach; iv. Lot X,TTM'15377:Water Quality Natural Treatment System:dedicated to City.of HuntingtonBeach; v. Lot.Y,TTMVM 15377;Vegetated Flood Protection Feature dedicated to County of Orange. H. Public amenities proposed to be.offered for dedication as easements to the City of Huntington Beach shall be identified on the TTM.and shall include'the easement's use,.including the following lots: i. Lot.C and Lot D[to be combined and re-lettered]for public,recreational and pedestrian trail use; . ii. Lots 0;P,Q,and.P.of TTM 15377[to be ceibined and:re-lettered accordingly]: Paseo Park trail; Lots N TTM 15377:Levee Connector trail iv: Lots'T,U,V and Lot TTM 15377[to.be combined and re-lettered accordingly]:: EPA.trail connecting the Active Park to the levee. I. Lots.dedicated:in fee to,the Homeowner's Association(as proposed to be created by the applicant and as described.in Special Condition 13.below).to be managed.and maintained•solely for.-wetland and habitat creation,.restoration and.preservation shall be identified on the TTM and include: is LotZ,TTM 1.5377:ESHA and Wetland Restoration.area; ii. Lot AA,TTM 15377:restoration/creation EPA Wetland,ESHA and WetlandBuffer area; • iii. Lots BB and CC[.to be combined and re-lettered accordingly],TTM 15377: BSHA, restoration/creation EPA wetland,habitat restoration and continuation of the informal public trail); iv. Lot A,TTM 15419:Wetland.and Habitat. J; After the above revisions have been incorporated and prior to recordation of the final tract maps, submit to the Executive Director for review and approval,the revised versions Tract Map Nos. 15377 and 15419. K. • After recordation,submit Final Tract Map Nos. 15377 and 1541..9 to the Executive Director: • 11:.OFFER TO DEDICATE IN FEE FOR PUBLIC INFRASTRUCTURE,AND PUBLIC ACCESS & RECREATION PURPOSES PRIOR TO ISSUANCE OF,THE COASTAL DEVELOPMENT PERMIT; and in, order to implement the permittee's proposal, the permittee• shall submit to the Executive Director, for review and approval, a proposed document(s) irrevocably offering the dedication of fee title over the areas identified below to a public agency(ies) or non-profit entity(ies) acceptable to the Executive Director, for public access and recreation, and public infrastructure based on the restrictions set forth in these special conditions: Once the documents irrevocably offering to dedicate the areas identified below are accepted by the.Executive Director, and also :PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit.evidence that it has executed and recorded those documents, completing the offers to. dedicate. The land shall be offered for.dedication subject to the restrictions on the use of that land .set forth in the special conditions of this permit, and the offer to dedicate shall reflect that. fact. The offer shall be recorded free of prior liens and encumbrances Which the Executive 25 Document Number: 2015000383684 Page: 41 of 184 1251 • 5-11-068 (Shea Homes%Parkside) Adopted Findings • Director determines may affect the interest being conveyed. The.offer shall run with the land in favor'of the People of the State of California; binding all successors. and:assignees; and ' shall be irrevocable for a period of 21 .years, such period running from'the date of recording, The entirety'of the following land shall be offered far dedication: • a. TTM 15377 Lot A Active Park; b. TTM 15377 Lot S Passive Park; c: TTM 15377 Lot B Sewer Lift.Station and public trail; d. TTM 15377 TTM 1:5377 Lot:X Water Quality Natural Treatment System; .e. TTM 15377 Lot Y'Vegetated Fl.o.od Proteotion•Feature,Vista Point and Vista.Point.trail; 12. OFFER.TO DEDICATE EASEMENTS FOR.PUBLIC.ACCESS .AND RECREATION AND FOR HABITAT:CREATION& RESTORATIONS A. PRIOR TO ISSUANCE OF THE COASTAL.DEVELOPMENT rPERMIT,:the permittee shall:execute and record documents)in.a.forirm and contetit:acceptable to:the Executive Director, irrevocably.offering to dedicate to a,public agency(ies)or non-profit entity(ies)acceptable to the Executive Director,easements for public access and.recreation as proposed by the permittee'and . as approved by this pormit: . 1) Lot'T, Lot U, Lot''V;.and Lot W[now kriowh'as Lot T'on revised TTM No. 15377]for public access and recreation; 2) Lot.0, Lot'P, Lot'Q, and Lot R[now known as tot 0 on revised TFM.No..15377]for public access and recreation; 3) Lot 0 and Lot D [now known as Lot C on revised TTM.No. 153771 for public access and recreation; 4). Lot N for public access arid recreation. • B: PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT;the pennittee. shall execute and record documents)in a form and content.acceptable to the Executive Director, irrevocably offering to.dedicate.to•the homeowners association proposed in conjunction with the approval ofthis.coastal development permit,.easements for habitat restoration.(as described in the approved finalha:1;14g management plan approved by this permit)of the following areas: 1) TTM 15377 Lot.Z.for wetland and habitat creation,restoration,maintenance and preservation as.approved'by this permit; .2) TTM 15377 Lot AA for habitat creation,restoration,maintenance and preservation as approved by this permit; 3) TTM 15377 Lot BB and Lot CC [to be combined and re-lettered as appropriate]for habitat creation,restoration,maintenance and preservation as'approved by this permit and for continuation of the informal public trail; 4) TTM 15419 Lot A for wetland-and habitat creation,restoration,maintenance.and preservation as approved by this permit. C.. The recorded docuirient(s)shall include legal descriptions.of broth the permittee's entire parcels)and the:easement.areas. 'The recorded document(s)shall reflect that development in the offered area is restricted as set forth in the Special Conditions of this permit,. The,offer shall be recorded free of • prior liens and encumbrances that the Executive Director determines may affect the interest being conveyed. The offer'shall run with,the land in'favor of the.People of the State of California,binding • - Document Number: 2015880383684 Page: 42 of 184 1252 5-11-068 (Shea Horhe5/Parkside) _ Adopted.Firidings all successors and asSignees,and shall be irrevocable for a period nf.21 years,such.period running. from the date of reentding. The rippliearit'SpropoSat for the lands to be offered fer public trails and. habitat creation and restoration are generally depicted on the plan titled SitnPlan,Revised Tentative Tract Map. 1.5377and 15419,City of Huntington Beach,prepared by atinsaker a•Associates and dated May 24;ail arid received in the Commission's offices-on July 25,20.11.. Di The lands.itleritifiedin this dedication Sball.be Maintained in accordance with the.approved final. Habitat Management Plan and with.the approVed.final Public Amenities&TrailManagement Plan required.lathe.special conditiOns of this coastal.deVeldiiment permit 13. COVENANTS,CONDITIONStAND.RESTRICTION(CC&R'S).AND FINAL TRACT MAPS A.. Consistentwith the APplicane p.rOpOs4 the:applicant shall establish covenants,.concllticAls. and restrictions(CC&Rsy,or an equivalent thored;fOr the prOposeddevelopMent to address ownership and thatiaganient of all public street arid sidewalks of the.sabdNision,pnblic trails,public parks,habitat restoration and preservation.areas,environmentally sensitive- habitat areas„and.commbn landscaped areas. The.CC&Its shall reflect all applicable requirements of this coastal development permit,including but net limited to the specifications concerning the development of the parks,trails and habitat creation and restoration ateaS,anctreAldentiat landscaping as described in Special Condition 1.5 below and a prohibition:on the use of rodenticides,as proposed by the applicant and as conditioned by • this permit: The CO&Its shall include a provision specifically stating that the CC&Rs shall not be modified;amended or changed,in manner that would render them,inconsistent with any special condition..anci/orthe findings in coastal development permit number 5-11- 068„approved by the Coastal Commission at its October11,2012heat.ing;any amendment Made by the HOA modifying the CC&Rs in a Manner that renders the modification inconsistent with any special conditiOn and/or the findings in coastal development permit number 5-11-068 shall be null.and Void. B.B As soon as a homeoWner'S.association or similar entity comprised of the individual owners of the 111 proposed residential ots is activated,the applicant shall transfer title of the area • covered by the,Habitat ManagementPlan and:public access and recreation areas covered by • the Public Amenities and Trail Manageinent Plan to that entity c PRIOR TO ISSUANCE OF TRE.COASTA.L DEVELOPMENT PERMIT,and prior to recordation of any CC&Rs,or tract maps associated.with the approved project,proposed Versions of said CC&Rs and tract maps.shall be submitted to.the ExectitiVe Director for review and approval. The EXceutive Director's review shall be for the purpose of ensuring: compliance with the standard and special conditions of this coastal development permit, including ensuring that,pursuant to paragraph A of this condition,the CC&Rs also reflect the ongoing restrictions and obligations imposed by these conditions. The restriction on use of the land cited within the special couditioris.of this permit shall be identified on the.Tract Map(s),vibereappropriate,as well as being placed in the CC&Rs. • D. Simultaneous'With tharecording of the final.tract map(s)approved by the Executive Director,the permittee:shall record the coVenants,conditions and restrictions approved by thaExecutive Director,.against the.property; The applicant shall submit a recorded copy of the covenants,conditions and restrictions within.50.days Of their recordation to the Executive Diroctor. The CC&Rs.May not he modified in a manner that would render them inconsistent with any provision of this permit.or of any plan or other document approved by 27 Document Number: 2015000383684 Page:.43 of 184 1253 .6-1 14-08 (Shea.HOrnes/Parktid4 Adopted Findings • the.Executive Director Pu.tsuant.to 7the conditions.Otitis porn it,. Any:change that would not create a direct conflict between the CC&Rs and the provisions of this permit-or of any approved plan or other document shall be submitted to the Executive Director;in writing,.for a determination aa to whether such change requires.approval of the Coastal CoroMission. The Executive Director shall have.90 days in which to communicate&determination to the. HOmeowners'Association. If;within that 90.day period,the ExecutiveDirector indicates that•Commission approval is required,no such change shall occur until.such Approval is. secured. Otherwise,no Coastal Commission approval shall be required. The.CC&Rs shall indicate these.restrictions within theirterms. 14, .LANDSCAPING PLAN—RESIDENTIAL AREA • A-, The applicant shall.conform to the landscape plan prepared by Pred;Radmacher Associates, Inc.dated.1 1/18/08.asTevisedthrough 1/7/10*for the common Areas within the residential Land-use designation and zone only(Lots H,F;G,H, L,and M;and Lots Q,P,Q,and R[Lots 0;P,Q,and R to be Conibined and re-lettered as.appropriate]);.and Lots.C,D and received in:the South Coast District Office on May 4).2010 showing vegetated:landscaped areas consisting of.native plants or non-native drought tolerant plants,which are non- invasive. No plant species listed aproblematic and/Or invasive by the California Native Plant Society,the California Exotic Pest Plant Council,or as may be identified from time to time by the.State of California shall be employed or allowed to naturalize or persist on the •site. NO plant species lited as a"nOxious weed"by the State of California or the Federal Government shall be nfilizedwithintheproperty, Existing vegetation that does not conform to the above requirements shall be removed. B. PRIOR TO ISSUANCE DE THE COASTAL DEVELOPMENT;PERMIT,the pentittee shall submit,for the review and approval of the Executive Director,,a revised: landscape plan for the-common areas within the residential land use designation and zone only(Lots E,.F,G,H, J*,K,L,and IVI;andtOts'0,P,Q,and R.[Leith.0,P,Q,and R tti.b0. combined and re-lettered as appropriate])deleting the area subject to the approved Habitat Management Plan. C. All future landscaping of residential lots(Lots 1 through 111)shall:consist of native plants or nonnative drought tolerant plants,which are'non-invasive. No plant.species listed as problematic and/or invasive by the California NativePlant Society,the California Exotic Pest Plant Council,or as may be identified from time to time by the State of California shall be employed or allowed to naturalize Or persist on the site.. No plant species listed as a. "noiious.weed"by the.State of California or the U.S„'Pederat Government shall be utilized or allowed to persist within.the property. Existing vegetation that-does not conform.to the. above requiteMents shall be removed, D, PRIOR TO ISSUANCE.Or THE COASTAL DEVELOPMENT PERMIT,the pertnittee shall SUbmit,for the review and approval of the Executive Director,landscape palette lists to be incorporated,into the landscaping guidelines for future residential development. The approved landscape palette list shall identify: I).the native plant species that may be planted on the residential.lots;2)a list of the non-native,non-invasive drought tolerant common.garden plant species:that may be planted on the residential lots;.5)the non- native,non-invasive drought toldratit.turf that may be planted:Within approved turf areas in the parks,and.4)the invasive plant species that are prohibited from use anywhere within the' development. The landscape palette for the development Shall be consistent with the Approved Plant List for Non-Habitat/Non-Buffer Areas as reviewed and approved by the Executive Director. • Document Number: 2015880383684 Page: 44 of 184 1254 . . . 5-11-NE) (Shea Homes/Parkside) Adopted Findings E. These lists shall remain available for consultation and shall:be recorded in the covenants,. conditions and restrictions as required by Special Condition 13. Additions to or deletions from these lists May be:Made by the Executive Director Of the.California CoaStal. Commission,in consultation with the project's restoration ecologist F. No deviations from the list shall occur in the plantings on the site without an amendmentto this-permit or a new coastal development permit unless the.ExeCutiVe Director determines that no amendment•or.new permit i required. G. Monitoring. Five:years frornthe date of the completion of the installation of landscaping of the cox-ninon'arens'aS required in these special conditions.,the pertnittee shall submit,for the review and approval of the 4ectitive Director,a landscape.monitoringreport,prepared by a licensed landscape architect or qualified resource specialist,that certifies the on-site • landscaping is.in conformance with the requirements of the special conditions of this permit and the landscape plans.approved pursuant to the sp.ecialconditions of this.permit. The. monitoring reptht shall inelinie.photographic documentation of plant species and plant overage. If the landscape monitoring report indicates the landscaping is not in conformance with or has failed to meet performance standards specified in the'landscaping plan approved pursuant to this permit,the permittee,or.aucCessors In interest,shall submit a revised or supplemental landscape plan.for the review and approval of Executive Director. The revised landscape plat-anist be prepared by a licensed landscape architect or a qualified resource specialist and shall specify measures to re:mediate those portions of the original,plan that have failed or are not in conformance with the otiginalapproved.plan. The permittee or successor in interest shall implement the supplemental landscaping plan approved by the Executive Director and/or seek an.amendment to this permit if required by •the Executive Director. The perthitteo shall undertake development in accordance with the approved finaLplans. Any.proposed-changes to-the approVed plan shall be reported to the.ExecutivelDirector.. No changes to the approved plan shall occur without a Commission arnendrrieitt to this coastal . . development.permit unless the Executive Director determines that no amendment is required. 15. .CONSTRUCTION STAGING AREA AND.FENCING A. All construction plans and specifications for the project shall indicate that impacts to wetlands and environmentally sensitive habitat areas shall be avoided.and that the California Coastal Commission . has not authorized any impact wetlands Or other environmentally sensitive habitat areas. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the.permittec shall submit a final construction staging and fencing plan for the review and approval of the Executive Director which indicates that the construction in the et:instruction.zone,construction staging area(s)and construction•corridor(s)shall avoid impactsito wetlands,ESHA,and other sensitive habitat areas 'consistent with this.approval. The plan shall'include the following requirements.and elements: 1) Wetlands and any environmentally sensitive habitats shall not be affected in any way, except as specifically authorized in this permit. 2) Prior to commencement of construction,temporary barriors shall be placed at the limits of residential grading adjacent to the area subject to the approved final Habitat Management Plan which includes wetlands and all ESHA. Solid Physical barriers shall be used at the limits of grading adjacent to all.ESHA. Barriers and other work area demarcations shall be inspebted by a qualified biologist to assure that such barriers and/or demarcations'are installed consistent with 29 Document Number: 2015000383684 Page: 45.of 184 1255 • 5.4 ,068..(Shea Homes/Parksido) - Acio.pted Findings the requirements ofthis.permit. All temporary barriers,staking and fencing shill be removed upon completion Of COnstruction, 3) No grading,.stoCkpiling or earth moving with heavy equipment shall()coot Within.ESHA, Wetlands or their designated bnfferS?except as noted in the final Habitat Management Plan: aPP-rOVedby the Executive Director, 4). The plan shall demonstrate.thaf: a. Construction equipment,materials or activity within the area subject to the approved final.HabitatManagement Plan shall,be the minimum necessary to accomplish the goals outlined in the approved final Habitat Management Plan. b. botp,gading and construction within the residential.area of ti!e•Ptoject•Ohall avoid adverse impacts von the adjacent area subject to the approved-final Habitat Management Plan;and • c.. Construction equipment,materials,or activity shall not be stored within any ESHA wetlands or their,buffers-and shalt not bePlaced in any loCatien:that.WoUld result'i'n impactsto wetlands,ESHA orothersenSitive habitat; 5) The plan shall include,at imbibitin,the foll6wing componentS: a: A sitoplantliat depicts: .i, Limits of the staging Area(S) ii. Construction corridor(s) iii. Construction site • iv Location of construction fencing and temporary job trailers with respect to existing wetlands and sensitive habitat v. Comp[lance with the.approved Water Qnality•Manageinent Plan prepared by. HunSeicer andASSoCiates,dated 9/11/09, v.i.. Measures to be employed to avoid adverse impacts on wetlands,ESHA,and. other sensitive habitat. B. The.permittee shall undertake development in-accordance with the Approved,final plans. Any proposed changes to the approved final plans shall'be reported to the Executive Director No changes to the Approved fmal'plans shall occur without a Commission amendment to this co.aStaldevelopmentpermit unless the'Executive Director determinea.that .n6 amendmett is required. 16. LIGHTING • • A. All lighting within the.development Shall be directed and shielded so that light is directed away from wetlands,ESHA,and.other habitat and:buffer areas. Floodlamp shielding and/or sodium bulbs shall be used in developed.areaS to rednee the amount of stray lighting into wetland and habitat creation and.restoration areas. Furthermore,no skyward-casting lighting. shall.bensed. The lowest'intensity'lighting shall be used that is appropriate'to the intended • Use of the lighting, PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the permittee shall submit,for the review and approval of the Executive Director, A.lighting plan to protect the wetlands,ESHA,and other habitat and buffer areas from light generated by the project. The lighting plan to be submitted to the'Executive Director shall - be accompanied by an analysis of the lighting plan prepared by a qualified biologist which documents that it is.effective at preventing lighting impacts upon adjacent wetlands and environmentally sensitive habitat and buffer areas, • • Document Number: 2015Z80383884 Page:.46 of 184 1256 • 5-11-068(Shea Horns/Parkside) Adopted Fihditigt • • B. The.permittee shall undertake development in accordance with the approved final plans. Anyproposed changes to the approved emal plans.shall be reported U.the Executive Ijirector. No changes to the approved final plans shall occur without a Commission . aniendrnentto this coastal development permit unless the Executive Director determines that no amendment is required. 1.1, WALLS,FENCES,.GATES,SAFETY DEVICESAND BOUNDARIES IN OPEN SPACE HAUITAT AREAS. A. As preposed,all fences, gates,safety deviees and boundary treatnients within or controlling: access to wetlands environmentally sensitive habitat areas(ESHA),and buffer areas,shall be designed to allow the feoo.ihgress,egress and traversal,of the habitat areas of the.site by wildlife,including the coyote. 'Where the backyards of residenOOS(Lots 34 through 41).abut• •the EPA trail area lots(Lots T,U,V,W..[to be combined and re-lettered asapproptiOtel'Of rilvl 15177);there shall be walls,fences,gates,.safety devices and boundary treatments,as .necessary,to contain domestic animals within the residential.development and.along•the approved trails and exclude Such:animals from sensitive habitat areas. B. Thepermittee shall:undertake development.in accordance with the approval.finalPlans. Any *Posed onatio to the approved final plans shall be reported to the Executive Director No changes to the approved.final plans shall occur without a Commission amendment to this coastal development permit unless the Executive DireCtor determines,that no amendment is required. 18. WATER QUALITY MANAGEMENT PLAN A. The applicant shall implement the Water Quality Management Plan(WQKP),as proposed and described in the document prepared by Hunsaker.k.Assopiates,dated 9/11109,.including the recommendations hy.GeoSyntea in the document titled Parkside Estates,Tentative Tracts 1.5377 and - 15419,Water Quality Evaluation(Final),dated February 2009;and attached at.Appendix E to the SVQMP. Any proposed changes to the approved plan shall be reported to the,titecutive Director. No changes to the approved.plan shall occur without a Commission amendment to this coastal development Permit or a new coastal development permit unless the Executive Director determines. that no amendment is legally required. B. Offer of dedication to the City of HuntirigtonBeach of the.Natural:Treatnient System proposed. withintot.X Shall be made upon completion of construction by the permittee of the Natural Treatment System and.prior to occupancy of any proposed:project residence. 19. CONFORMANCE OF DESIGN AND CONSTRUCTION PLANS TO GEOTECHNICAL REPORT • A. All final design.and construction plans,including all overexcavation and recompacting plans,all dewatering,.foundations,grading and.drainage plans,.shall be consistent with all recommendations •contained in the following documents If recommendations have been revised in later reports,the. final design and construction plans shall be with the most recent Version of all recOrnmendations. 1. Pacific.Soils Engineering(November 25,2008)Updated Geotechnical Report and 40- Scale Grading Plan Review,Parkside Estates;Trott.15377,City of Huntington Beach, California; 31 Document Number: 2015000383084 Pege:.-4/ of 184 1257 • • 51 1-068 ($11pa•Horne. /Parkside) Adopted Findings • • 2. Pacific Soils:Engineering(February 5,2009)'ReSpOnseto City of Huntington Beach, Review Comment,Tentative Tract Maps 15377 and 15419,Parkside.Estates,City of • Huntington Beach,California; • • 3. ,Pacific Soils Engineering(May 28,2009)'Update of.Groundwatet Monitoring Program,. Parkside E.states,City of Huntington California; • 4. Paoifie Soils flgipeering.(Septeruber 14,2009).•Cover Letter.to Accompany Dewatering Review,.Tentativ.e Tract Map 15377,Parkside.Estates,City of:Huritington Beach, California; • 5.- Pacific Soils Engineering and:Hunsaker&Associates(September 1.,2049)Rough, rading Plan for Tentative Tract.15311 and Tentative Tract 15419 Approval in Concept 9/4/09,.Planning DiviSioni-City-OftittrititigtOu,Nine Sheets; • .6. lintiSaker,&Associates(9/18/09).Orange COunty'OCIPuhlic Works.Department,Plans for Construction Oa portion of East Garden Grove—Wintersburg Channel,OCFC13 Facility NO..COS from 2100.feet doWnStream of Graham St to Downstream of Graham St*:and Vegetated FlOod.Control*Facility(VFCF)from North.Side of Wintersburg • Channel to 600 feet North of Wintersburg Channel,Nine Sheets; 7.. ITunsaker&.Asseciates.(9/1 8/09):Storm Drain Improvement Plans for Tract 15377,2 Sheets; • 8. HUnsaker.84 Associates(1/12/10)Rough Grading Plans; 9: Hunsaker.4 Associates(5/20/11)Orange County.00 Public.WorksDepartMent,Plans for Construction of a portion of Fast Garden Grove.—Wintersburg Channel,OCFCD. Facility No.CO5 from 2100Teet downstream.of Graham St to Downstream of Graham • . St.and the Vegetated Flood COUtrO1 Feature(VFPF)from North Side.of Wintersburg Channel to'600 feet North of Wintersburg.Channel,Nine Sheets; • • 10. LSA Associates,Inc.,-(July.14,201.1).:Revised Geotechnical and Archaeological Monitoring Repcirt,Project'NO. SHO1 001 Phase.1; • 11. Alta California.Geotechnica4 Ifle. Ady 21,2011)"Transmittal of Fill Removal and Replacement:Detail,Vegetated Flood Protection Feature,.Parkside Estates". B. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,.the permittee shall submit,for tlte.Execntive Director's review and approval,:evidence that an appropriately licensed professional has reviewed and approved all final design and construction plans and certified • that each of those final plans is Consistent with all.of the recommendations specified in the above- referenced geologic evaluations approved by the California:Coastal Commission for the project site, C. The permittee shall undertake deVeloptrierit.in accordance with the approved final plans. Any .. proposed:changes to the approved final plans shall be reported to the:Executive Director. No changes to the approved final plans shall wept without a.Commission amendment to this coastal development permit unless the:Executive Director determines that no amendment is required. 20. • FUTURE.DEVELOPIVIENT RESTRICTION • • This permit is only for the development described in Coastal.Development Permit No.5-1 1-06S. Pursuant to Title 14,California•Code of Regulations,.sections 13250(b)(6)and 13253(b)(6),the exemptions.otherwise provided in Public Resources Code,section 30610(a)and 306I:0(b)shall not apply to any of following lets of proposed TTM 15377:.each of the'lettered lots,and the following numbered/residential lots:Lots 2 and 3, Document Number: 2015M. 0383684 Page: 48 of 184 1258 • 5-11-068 (Shea HOMes/Parkaide) Adopted Findings Lots 25.4 24,Lots 34 through 41 inclusive,Lot 1 and Lot.Ill. tuaddition;the exemptions cited above shall not apply to all of TTM 15419 in its entieety. Accordingly,any future improvements on each of the lettered lots or to any of the single family residential lots listed in this condition for TTM or to any portion of TTM 15419,ineluding,but not limited to,repair and maintenance identified as requiring a permit in Public Resources Code,section 30610(d)and.Title 14,California Code of Regulations,sections 13252(a)-(b),shall require.an amendment to Permit No. 5-1.1-068 from the Commission or shall require an additional coastal development permit from the Commission or from the applicable certified local government,unless the Executive'Director of the Commission detertilineathat,no.aniendment or new permit is required. 21. ASSUMPTION OP RISK ly acceptance of this permit,the permittee acknowledges and agrees(1)that the site may be subjeet to hazards from flooding„taunami;liquefaction and earth movement(ii)to assume the risks to the permittee and the property that is the subject of this permit of injury and damage from such hazards in.connection With this permitted.development;'(iii)to.unconditionally waive any claim of damage or liability against the Commission,its Officers,agents,and employees for injury or damage from such ha7ards;and(iv)to indemnify and hold harmless the CommissiOn,its officers,.agents,and employees with respect-to the. Commission's approval of the project against any and inability,claims,demands,damages,costs (includingeosts'and fees incurred in defense of such claims),expenses,and amounts paid in settlement arisingfrom any injury or.damage due.to such lumrdS. LIABILT.IY FOR.COSTS AND ATTORNEYS:FEES The POrritit-teea shall reimburse the Coastal Commission inTuilforall Coastal Commission costs and attorneys fees—including(1)those charged by Office of the Attorney General,and(2)any court costs. and attorneys fees that the Coastal.Commission may be required by a.cpurt to pay that the Coastal Commission incurs in connection with the'defense of any action brought by a party other than the applicant against the Coastal Commission,its officers,employees;agents,successors And assigns challenging the. approval or issuance of this permit. The Coastal Commission retains complae.authority to-conduct and direct the defense of any such action against the Coastal Commission. 23. COMPLIANCE All development shall occur in strict compliance with the proposal.as set forth in the application for permit, subject to any changes approved in this'permit and-subject to.any appiOyed revised plans provided in compliance with the Special Conditions of this coastal development permit: Any proposed change from the approved plans must be reviewed and approved by the Executive Director O determine if an amendment or new permit ia nebbtaary, 24. LOCAL.GOVERNMENT APPROVAL Except as modified by the conditions of thiS Coastal development permit,all.requirements and conditions approved and italicised by the City of Ilutitirigton„Beach upon the proposed project remain in effect. . . 25, WITHDRAW PROJECT APPROVED.BY LOCAL GOVERNMENT By acceptance Of this permit,the applicant agrees to withdraw the application for development of the subject site approved by the local government and to abandon and extinguish all rights and/or entitlements that may exist relative to the City's.approval of a project at the subject Site that is the subject of Coastal Commission AppealNo, 33 Document Number: 2015000383884 Page:,49 of 184 1259 . „. • • • • $-11-06.4(Shea.HorneS/Parkdide) Adopted Findings • 26. GROUNDWATER AND SUBSIDENCE MONITORING A. .Priorto issuance of the coastal deVeloptent permit,.the applicant shall submit forte review and approval of the Exdcittive.DireetOri.a groundwater and subsidence monitoring plan for the proposed developments The monitoring plan must include the requirement that if the monitoring reveals that drawdown to-8 feet(NISL.NAVD 88)has()Centred along the northern property line or to-19 feet(M8I, NAVD 88)at the soinhetiatzerner.of the site and/Or that Y2.inch of subsidence has occurred either at the. northern property line or in the southeast corner of the site all groundwater pumping shall cease. immediately, In°addition,the monitoring plan shall,at aminion,establish methods for monitoring the groundwater drawdown and subsidence at the site along the northern property line and at the southeast corner of the site and the minimum number and location of monitoringwells, The methods of monitoring must include,.but are not limited to,the frequency of monitoring,the p.arty(ies)responsible for condiictingthe monitoring,preparation of a.mitigation plan addressing any identified impacts resulting from site fclew4ering and/or subsidence,and a time fraine for preparing and submitting the required mitigation plan to the Executive Director The.mitigation plan shall be required if any of the. • above thresholds are met,and shall be submitted,pursuant to a request for an amendment to this coastal development permit,.The mitigation plan shall address ariyimpaCts..ariSing from the identified groundwater drawdown and/or Subsidence, B. The permitteeshall undertake development in accordance with theapprOVed final plans. Any proposed changes to the approved final plans shall be repotted to the Executive Director. No changes to the approved final plans shall occur without a Commission amendmentto this coastal development permit unless the Executive Director determines thatno amendment is required. .27. INSPECTIONS: • The COrrirriiSsiOn staff shall be allowed to inspect the site and the projectduringits development,subject to 24-houradvance notice. . 28.. BURROWING OWL INSPECTION PLAN Prior to issuance:Of the coastal:development permit,the applicant shall subinit to:the Executive Director for review and written approval,a plan,prepared in consultation with the California Department of Fish and Game(CDFG),to impternent.the following; • Prior to issuance of the CDP,the applicant shall implement the non-breeding and breeding season.survey protocol provided in the CDFG Staff Report on Burrowing Owl'Mitigation(March 2012): Survey results will be reported to the Executive Direotor. If surveys indicate substantial use for at least three weeks of the Parkside Estates project area,'i.e.sustained use of one or more burrows during either the non-breeding or breeding season,the mitigation measures identified in the CDFG Staff Report will be implemented, specifically TO avoid direct impacts to occupied:burrows or tonatal binrows:during the breeding season. This survey procedure shall be repeated 30 days prior to the beginning of construction. Habitat mitigation in.accordance with the protocol,if indicated by positive results of either survey,will be included within the HabitatManagerrient Plan(HMP)area,and the finial HEMP shall include modifications to enhance the potential for utilization of the HMP area by burrowing owls. Specifically,the HMP shall include a section detailing the location and specifications for two artificial nest structures,.designed for the burrowing owl for each burrOWitig.owl using the area. Vegetation plans.in the vicinity of thest structures. shall contain species appropriate tO.native California.grEisslaud and coastal sage communities in coastal Document Number: 201540383684 Pago: 50 of 184 1260 . „ . 5.-11-068 (Shea Hotnes/Parkside) Adopted Findings • Southern California areas, Coniiideration will be given to:more open and sparse vegetation,suitable for burrowing owl foraging;for the review and approval of the Executive Director: IV. FINDINGS AND DECLARATIONS NOTE: The findings fordenial of the Land Use Plan as submitted are incorporated a$ fully-set forth herein(BNB-MAJ.-1-06,5/10/07), In addition,the findings adopted by the Commission in approving the Land Use Plan Amendment for the subject site(HNB-MAJ-1-06, 11/14/07),arid the findings adopted by the Commission in approving the Implementation Plan Amendment with suggested modifications for the subject site(HNB4VIAJ,2-10, 10/13/10)are also hereby incorporated by reference as thotighftilly Set forth herein A. Project Description The applicant proposes to subdivide an approximately 50 acre site to create 11 1 new numbered lots (proposed-Lots 1— in order to accommodate construction of 111 new single family residences. Proposed lot sizes range from 5500 square feet to 11,742 square feet The sizes of the proposed residences range from 3109 square feet to 3704 square feet(see exhibit 19). Also'proposed are public roads,sewer system and replacement sewer lift station,and storm drain systern. Related dry utilities to serve the proposed residences including water,gas, and electric are also proposed, The, applicant further proposes developing landscaped open space pockets Within the residential area to. be maintained by the proposed florneowners Association(110A), as Well as construction and , dedication to the City of a one(1)acre public active park(proposed Lot A)which is proposed to be maintained and managed by the HOA, A public trail system throughput the development linldng Graham Street,the subject site and surrounding area with the existing public trails within and surrounding the Boise Chica Ecological Reserve. The above described development is proposed to be constructed within the approximately 26.7 acre area of the subject Site land use designated and zoned for low density residential developtnent. See Exhibit 4 for the layout of the proposed subdivision. Construction and establishment of habitat and wetland preservation,creation,and restoration,as Well as a 0.6 acre passive public park(proposed Lot S)are proposed within the 23.1 acre area land use designated Open Space Conservation arid zoned Coastal Conservation. In addition,Within this conservation area,construction of a flood protection feature known as the Vegetated Flood Protection Feature(VFPF)is proposed at the western side of the subject site within the 1.5 acre proposed Lot Y.The VFPF is proposed to be dedicated in fee.to the County of Orange,Public Works Department. Also proposed Within the conservation area is construction of a Natural Treatment System(NTS). The NTS is proposed within the 1.6 acre proposed Lot X. The NTS:is proposed to be dedicated in fee to the City of Huntington.Beach. The passive park,VFPF,and NTS are specifically identified in the certified land use plan as allowable uses within the conservation area on site. The applicant,also prOpOseS,within the Orange County Flood Control right-of-way along the East Garden Grove Wintersburg flood control channel(known also as the Co5): reconstruction of the north levee from Graham Street west to the,proposed VFPF; a public Class 1 bike and pedestrian 35 Document Number: 2015000383584 Page: 51 of 184 1261 • 5-11-068 (Shea Hornes/Parkside) AdOpted Findings trail atop the reconstructed north levee;installation/construction of storm drain pipe crossing under the flood control channel,ithprovernents to the south levee as needed to accommodate the storm drain pipe crossing,and improvements to the City's Slater Pump station. Removal of the Slater bridge was also originally proposed,but that was Included in Orange County's approved.coastal development permit 5-09-209:for repairs and improvements to the south levee ofthe,Co5 channel The,subject site was the subject of City of Huntington Beach Land Use Plan Amendment 1-06 (Patkside)and Implementation Plan Arnenchnent 2-10(Parkside). 1. Subdivision The subject site is currently comprised of 3 kits: one approximately 45.34 acre lot bounded on the east by Graham Street,on the north by residential development that fronts.Kermilworth Drive, on the south by,the East Garden Grove Wintersburg flood control channel(055),and on the west by the second lot;the second lot is approximately 1.0 acre and is bounded by the first lot to the east, the Co5 flood control channel to the south and the third lot to the west; and the third let is approximately 3.5 acres and is bounded by the second lot to the east,the Co5 flood control channel to the south, and off-site.open space to the west arid north.(see Exhibit 10): . The propoted development includes two tentative.tract maps: Tentative Tract Map(TTM)No. 15419 and Tentative Tract Map(TTM)No 15377. Proposed TTM 15419 would create a single, approximately 4.$ acre parcel for open space mein the westernmost corner Of the subject site. The parcel that is the subject of TTM No. 15419 is boated entirely Within a portion.of the area designated/zoned Open Space Conservation/Coastal Conservation. The southern eucalyptus environmentally sensitive habitat area(ESHA)and the wetlands known as the CP wetlands are located within this area. Uses proposed within proposed Lot A of TTM 15419 include:restoration of the wetland area believed to have been filled without a permit in the early late 1970s/early 1980s, and preservation of the area known:as the CP wetland and the area larowil at the southern eucalyptus ESHA will be preserved The remaining area within proposed Lot A it proposed be wetland buffer area and restored coastal sage tomb habitat This area is included within the proposed Habitat Management Plan(HMP)described,in greater detail below: Proposed TTM No. 15377 includes all the other proposed lots including 111 numbered single family residential lots and 29 lettered lots. The residential lots will occupy 16 acres. Proposed lettered lots are as follows(note:all lettered lots are proposed to be dediCated on the tract map).: • Lot No. Use Dedicated to Maintained Conveyed Area By via (acres) 1—111 Single.Family Private Private N/A. 16 Acres TTM Residential Lots (total) 15377 (5500 sq.ft. min.) Document Number: 20151%0383684 Page.: 52 of 184 1262 5-11-OS8 (Shea Homes/Parkside) Adopted Findings Offer to A Active Park City in fee HOA and Dedicate 1 Acre TTM City (OTT))in 15371 .feetO City; dedication on tract niap B Sewer Lift Station; City in fee City OTD in fee 0.04 Acre TTM 10 Riot Wide public for sewer 15377 access easement lift station 84 lOr wide pUblic • access; dedication on tract map C (1)Sidewalk; (1)HOA in Tee (1)HOA and. CC&Rs; TTM (2)Public trail/access (2)On) City dedication 15377 path/landscaping easement to the (2)HOA on tract map City 1. (2)OTD; •dedication on trail map D 'Public trail from Lot C :HOA in fee; HOA OTD; TTM interior street trail OTD to the dedication 15377 City on'tract map. : Deed E—M Landscape Lots HOA in fee HOA restriction; 0.5 acre TTM Within,residential. CC&Rs; 15377 common Area dedication on tract map deed 0—R (1)Paseo Park (1)HOA(in HOA restriction; 1.8 Acres TTM (2) 10' Wide public fee) CC&Rs; 15377 access easement (2)OTD to dedication City on tract.map (2)OTD easement to the City; dedication on tract map Document Number: 2015660383684 Page: 53 of 184 1263 5-11-068 (Shea. Homes/Parkside) Adopted. Findings • • OTD trail • Pedestrian Access HOA in fee HOA easement to 01 Acre TTM. (levee trail connectors) the City; 15377 &Drainage • dedication on tract map W Pedestrian Access OTD trail TTM (levee to EPA trail) HOA in fee HOA easement to 15377 City; CC&Rs; dedication on tract map • , . S Passive.Park City in fee HOA and Offer to 0.6 Acre TTM City Dedicate in 15377 fee to City; Dedication on tract map T,V,V Open Space HOA in fee HOA OTD 0.6 Acre - TTM Public Access(EPA easement to 15377 Trail) , City, • • CC&Rs; dedication • on tract map • • X NTS City in fee City Offer to 1.6 Acres TTM Dedicate in 15377 fee to City; • Dedication on tract map Y VFPF County in fee County Offer to 1.5 Acres TTM Dedicate in. 15377 fee to County; Dedication on tract map . Z Wetland Area HOA in fee HOA. Deed 5.1 Acres TTM Wetlatd restriction; 15377 Restoration/Creation CC&Rs; Includes Combined dedication Document Number: 2015a0383684 Page: 54 of 184 1264 5-11-068 (Shea Homes/Parkside) Adopted Findings EPA&AP wetland on tract map areas • • AA Restoration/Creation HOA in fee. HOA Deed 5.4 Acres TTM AP/EPA Wetland, restriction, 15377 Buffer Area • CC&RS; dedication on,tract,map Deed BB Open HOA in fee HOA restriction, 3.7 TTM Space/COnsersiatiOn. CC&Rs, 15377 Restoration/Creation dedication AP/EPA Wetland; on tract map Habitat • RestorationPreservatiOn Wetland and ESHA ( buffer. Includes northern eucalyptus ESHA CC. Open Space HOA in fee HOA Deed 0.4 Acres TTM Informal Trail at . restriction, , 15377 western end of northern CC&Rs; property line dedication • on tract map Public streets.& Street"A" landseape dedication Street sidewalks;entry dedicated in fee maintained by on tract "A" landscaping to City; HOA map; landscapeprea •CC4Rs to HOA; (entry landscaping) Streets Public streets& City City Dedication "B" sidewalks on tract Map TTM 15377 Document Number: 20158b0383.884 Page: 55 of 184 1265 • 5-11-068 (Shea Homes/Parkside) Adopted Findings • Proposed TTIvl No. 15419 includes: • Lot No. ::Irse Dedicated to Maintained Conveyed :Area in By via Acres. Lot.A Open Space HOA in fee HOA Deed 4.8 acres TTM Habitat/Wetland teStriction; 1:5419 Restoration/Preservation; dedication InchtdeS Southern • on tract Eucalyptus ESHA;CP map; Wetland CC&Rs Aside from the NTS (Lot X),:Active Park(Lot A),Passive Park(Lot S)and sewer lift station(Lot 13)auto be dedicated In fee to the City of Huntington Beach,and the WIT(Lot Y)proposed to be dedicated to the County of Orange,all other lettered lots will be transferred in fee to the proposed HOA for ownership and maintenance. 2. Residences. The proposed project includes construction of 1.11 single family residences;ranging in size from 3109 square feet to 3704 square feet on lots ranging in size from 5500 square feet to 11,742 square •feet. The residences are proposed to be two stones, approximately 24 feet above finished grade • With attached either two or three car garages:(See exhibit 19) • I Subdivision Entry The main arid vehicular entry into the Sadivision is located at Graham Street at the northeastern side of the property; A landscaped median is proposed as well as entry Morinnientation and "enhanced paving"% Enhanced paving would involve decorative stamping and/or coloring of the concrete paving within the entry area streets. Southern Magnolia and Coral trees are proposed within the median,as well as shrubs and ground cover not currently identified. Also proposed in the median are a stone planter and a 5%feet high by 15 feet long monument sign.wall, The monument sign wall is proposed to say Parkside and includes,two lanterns on either site. Also proposed are two entry arbors on either.site of the toad leading into the development The entry arbors are proposed to be 10 feet tall, 126 feet Wide and 22 feet deep. The arbors.are proposed to be open on the sides;with.a total of six stone columns each. The roof is proposed to be wood and beam,with lattiee on top. A 1K by 1 foot public access trail sign is proposed atop a 5'6"post on the north side of the entry. Lettering on the proposed public access sign is approximately 2 inches high. Southern Magnolia and Coral trees are also proposed in the side entry areas. Around the proposed entry arbors,queen palms and turf grass(seashore paspalum) are proposed to be planted. 4. Other Proposed Development& Landscaping Within Residential Area Document Number: 2015%0383684 Page:.56 of 184 1266 5-1 I-068 (Shea Hornes/Parkside) Adopted Findings. • Each residential lot is proposed to be planted with one each of the following types oftrees: Sweet Bay,New Zealand Christmas tree,Gold Medallion Tree, and Pink Trumpet Tree: A single tree type is assigned'to each of the:proposed Streets. No.further landscaping is proposed within the residential lots at this time,though it is expected in the.futUre Lots E,F,G,H, K,.L,and Ware proposed as narrow landscaped pockets where residential side yards abut streets; These lots are proposed to be landscaped With Queen Pahnsi.Crepe Myrtle, Golden Trumpet Tree,Bronze Lo4uat trees and turf block between the sidewalk and the-curb. B. Proiect Location,Site Description AL History The site address is 17301 Graham Street,HuritingtoriBeach,Orange County. (See Exhibits 1 and 2) It is bounded by Graham Street to the east,the East Garden Grove Wintersburg Flood Control Channel(Co5)to the south,the currently undeveloped sites immediately to the west known as the Goodell site arid the Ridge site,arid existing residential uses to the north(along Kenilworth Drive), The development to the north is lOdated Withirithe City. The land th the'north and to the east of the project is located outside the coastal zone. The areas located east of Graham Street,south of the Co5,and immediately north of the subject site along Kennilworth Drive are developed with low density residential uses. To the nprthwest is a multi-family condominium development known as Cabo del Mar. To the southwest of the subject site lies the Bolsa Chica Ecological Reserve. West of the Goodell and Ridge properties,across Bolsa Chica Road,is the site known as Brightwater,a development of 349 residential single family homes(approved pursuant to coastal development permit 5-05-020), The Brightwater site,the Goodell property,and the Ridge property are located atop the Bolsa Chita mesa.. The majority of the site is roughly flat with elevations ranging from about 1.9 feet(MSL NAVD 88) to approximately 4,4 feet(MSL NAVD). Thewestern portion of the site is a bluff that rises to • approximately 49 feet(MSL NAVD 88)to the Bolsa Chica mesa, The Co5 leYee.at the site's southern border is approximately 12 feet above mean sea level(MSL NAVD 88). The majority of the subjectsite has been more or less continuously farmed dating back to at least the 1930s. Presently,farming continues on the subject site. Historically, this site was part.of the extensive Bolsa Chica Wetlands system and was part of the Santa Aria RiVeriBbiga Chica complex. In the late 1890s the-Bolsa Chica Gun Club completed a dam with tide gates,which eliminated tidal influence,.separating fresh water from salt water. In the 1930s, agricultural ditches began to limit fresh water on the site, and, in 1959, the East Garden Grove-Wintersbing Flood Control Channel(EGGWFCC)isolated the site hydrologically. In its action on the LUP amendment for the subject site,the Commission found that wetlands were present on site In addition;the Commission found that additional wetlands would exist on site were it not for either unperinitted activities or farming activities that converted wetlands to dry lands. Any activities,whether normal farming activities or other,that result iri the fill of wetlands cannot be exempt from the need to obtain approval of a.coastal development permit. Unpermitted development cannot be Used as a basis to justify development in areas where,were it not for the unperrnitted development,such development would not be consistent with the requirethents of the 41 Document Number: 2015000383684 Page: 57 of 184 1267 5-11-068(Shea HOrrieS/Parkside) Adopted.Findings Coastal Act. conSequeritly,the Commission found that both the areas that met the definition,of . wetland at the site as Well as the area that would have met the definition of wetland were it not fOr unpertnitted activity,must be treated as wetland in terms of uses allowable within and adjacent to these areas. The applicant acknowledges the ComriiissiOn's wetland..determination for the subject site and proposes to preserve existing wetland arid restore those areas lost due to impennitted development The wetland preservation and restoration is,included in the proposed Habitat Management Plan(HMP);described in greater detail later in the staff report. . , In addition,on the site's western boundary, generally along the base of the bluff,:are two groves.of Eucalyptus trees, The trees are used by raptors for nesting,roosting,and as a base from which to forage. These two eucalyptus groves were recognized as environmentally sensitive habitat areas (ESIlAs)by the Commission in ita apptoval of the Land Use Plan and implenientation Plan amenclnients. They are known as the northern eucalyptus ESHA arid the southern eucalyptus ESHA. C, Permit Br:LCP History of the Site The LCP for the City of Huntington Beach,with die exception of two geographic areas,Was effectively certified in March 1985: The two geographic areas that were deferred certification were the subject site(known then as the MWD site),and an area inland of Pacific Coast Highway between Beach Boulevard and the Santa Ana River mouth(known as the PCH ADC). The subject site is northeast of the Bolsa Chica LCP area, At the time certificafion was deferred,the subject area was owned by the Metropolitan Water District(MWD), The site has since been gild by MWD and is currently owned'by Shea.Homes. Both of the ADCs were deferred certification due to unresolved wetland protection issues: The PCH ADC was certified by the Commission in 1995. The wetland areas of that former ADC are land use designated Open.Spate—Conservation and zoned Coastal COnseivation, A comprehensive update to the City's LUP was.certified by the Commission'on June 14,2001 via Huntington Beach LCP amendment 3-99: The City also updated the Implementation Plan by replacing it With the Zoning and Subdivision Ordinance(while retaining existing specific plans without changes for areas located:within the Coastal Zone). The updated Implementation Plan was certified by the Coastal Commission in April 1996 via LCP IP amendment 1-95. Both the LUP update and the IP update maintained the subject site as an area of deferred certification. An LUP amendment for the subject site(HNB-MAJ-1-06)was approved with suggested modifications by the Coastal.Commission.on November 14,2007. The City accepted the suggested modifications and the LUP amendment was effectively certified in August 2008. An Implementation Plan amendment(EINB-IvIAJ-2-10)was approved with suggested modifications by the Coastal Commission on October 13,201.0. The City has accepted the'suggested modifications, the Commission concurred with the Executive Director's determination that the City's action was legally adequate on November 3,2011,and the area is now effectively certified. In the course of processing a coastal development permit for the proposed deyelopment as well as earlier version of development proposals, a number of applications have been submitted and Document Number: 2015%0383684 Page: 58 of 184 • 1268 5-11-068 (Shea:Homes/Parkside) Adopted Findings subsequently withdrawn. Originally,the applicant's.intent was to:process.the.coastal development permit application concurrently with the LCP amendment-for the.subject site. However,it became • clear that.it was necessary to finalize appropriate land use areas within the subject site via the.LCPA process•prior to acting ona development application. The current coastal development permitapplieation(5.=1.1-068)was'originally submitted as.5-09= 1.82.. 5-09-182 was withdrawn.in order to allow additional time to revi'ewthe proposal. It was subsequently resubmitted as the subject application.. Coastal development permit applications for different development.plens at the subject site that have been submitted and subsequently withdrawn in the past include 5-06-327,5-06-021, 5-05-256 and 5-03-029 (Shea Homes). In addition,an appeal of a City approved permit forte certified area of the subject site4 was filed(A- 5-HNB-02-3:76), The appealed action remains pending,but the applicant waived the deadline for the.Commission-to-act on'the appeal: As a special condition ofthis•permit(Special Condition No.. 25)the applicant is required to withdraw that.permit.application at the local level,thus.making that application and.relatedappeal moot,Further,the applicant included.content of the proposed development from the City-approved permit that was appealed(A,5-HNB-02-376)in the current subject proposal before the Commission. D. Standard of Review The subject property is situated in the coastal zone such that it is.governed by two:permitting jurisdiction's—the Commission's original permit jurisdiction and the City of Huntington Beach's jurisdiction,subject to its recently certified LCP. As noted above in the Executive Summary, regarding the stipulated remand,both the Commission-and•the applicantagreed that Commission staff shall make,the saute recommendation of approval with conditions that it had made in connection:with the October 6,2011 hearing.on the subject application and to apply,as the standard. of review,both the Coastal Act and the City's recently certified Local•Coastal Program to.the Parkside Estates Property.Thus,for the-areas of the subject site that are within the Commission's original jurisdiction, staff will apply the Chapter 3 policies of the Coastal Act to determine whether or not the proposed development.is.in conformity those policies.Whereas,.for areas of the subject site that are within the City's certified LCP jurisdiction,staff will apply the recently certified LCP provisions,to determine whether.or not the proposed development is in.conformity With the applicable provisions in the certified.LCP. For purposes of clarification,the areas.subject to the . • Coastal Act standard of review include the.area of the County's Co5 flood control channel right of. . way while all other areas of the proposed development are subject to the City's certified LCP provisions. . • • 4 The staff report andCommission findings-from the 1982.LUP certification are not entirely clear about how much area • was deferred certification. However,a portion of.the subject site may have been certified at the time of the Ci y's LOP certification. The.Cominission does not,.iii this report,take any position on the issue of what.area was certified before the City's submittal of its LCP amendment and what area remained uncertified pending the Commission's certification of the LCP IP amendment for the site. In any case;the City clearly,depicted this area as:being,subject to'its LCP amendment(through,the exhibit to its resolution)arid:clearly"resubmitted"any portions of that area that may have been certified. Therefore,the issue is moot since,both,the current application includes the proposed development in the appealed development(A-5-HNB-02-376)and Commission staff is using the City's recently certifed.LCP provisions to approve.the development from the previously appealed City-approved permit, Document Number: 2015000383684 Page:59 of 184 1269 5-11-068 (Shea Homes/Parkside) • Adopted Findings • • Additionally;section 30604(c)of the CoaStal Act provides that every coastal.development permit issued for any development that lies between the nearest public road and the sea or the shoreline of • any body of water.located within the coastal zone shall'include findings that the development is in conformity With the public:access:a.nd.pUblic.recreation.policies•of Chapter 3 of the Coastal Act. • Therefore,staff must find that entirety of the proposed development is in conformity with the public access and.ptiblic recreation policies of the Coastal Act because the entire subject site lies between the nearest public road:and thesea. E. Public Access. • .Section 30210 of theCoastal Act states: • • In ponying out the requirement of Section 4'ofArticle ofthe CalifOrnia:Constitution; • maximum access, which shall be conspicuously posted, and recreational opportunities'shall be provided for all the people consistent with public safety needs and,the need to protect public rights,:rights ofprivideprOPerty OWnersi,and natural resource areas from overuse,. Section 30252 fthe Coastal Act states,in pertinent part: The location and amount Ofnew development should maintain and enhance publicaccess to the coast by ... (3)providing nonaulomobile circulation within the development (4) _ • providing adequateparkingfacilities or providing substitute means OfserVing the developMentwith public transportation, 4.: (q)assuring that the recreational needs of new residents will not.overload nearby coastal recreation areas by correlating the:amount of development with local park acquisition and development filani with the provision of onsite. recreational facilities to serve the new development .coastal Act Section.30212.5 states: • • Wherever appropriate andfeasible,public facilities, inCludingparkingareas or facilities,. shall be distributed throughout an area so as to.mitigate against impacts, social and . . otherwise,of overcrowding or'overuse by the public in any single area. - 'Coastal Act Section 30213 states,in pertinent path Lower cost visitor and recreational facilities shall be protected, encouraged, an4 where feasible,.provided. Developments providing public recreational Opportunities are preferred. COastal Act Section 30223 states:: • . • • • Upland areas necessary'to support coastal recreational uses shall be reserved for such uses, where feasible. In addition,the City's certified:LW contains the following policies regarding public access: . • Document Number: 2010383684 Page.:.60 of 184 1270 • 6-11-068(Shea Horpee/Periceide) Adopted Findings Provide coastal resource access opportunities for the public where feasible.and in accordance with the CalOrnia.Coastal Act requirements. Encourage the use.of City and.State beaches as a destination point for bicyclists, pedestrians; shUttlesystemS andother-non-auto oriented transport. Encourage the utilization of:easements and/or rights-of-way along:flood control channels, railroadS,and streets, Wherever practical;for the use of bicycles and/or pedestrian.(emphasis added). • Maintain existingpedesirian facilities and require new development'to provide pedestrian walkways and bicycle routes between developments.. • Link bicycle routes with pedestrian.trails and bus routes to.promote an interconnected system. Develop a riding and hiking trail network.and support facilities that provide linkages within the Coastal Zone where.feasible and appropriate. Balance the supply ofparking with the demand for parking. Maintain an adequate supply ofparking that supports thepresent level of demanaand allow for the expected increase in private transportation use. . Maintain and enhance; where feasible; existing shoreline and coastal resource access sites.. Promote and provide, where feasible, additional public access, including,handicapaccess, to.the shoreline and other coastal resouroes, Promote public access to coastal wellanelSfor limited nature study,passive recreation and other low intensity uses.that are compatible with the sensitive nature'of these areas. Maintain and enhance, where necessary, the coastal resource signing program.that identifies public access points, bikeways, recreation areas and vista points throughout the Coastal Zone. Preserve,protect and enhance, where feasible, existing public recreation sites in the Coastal . Zone. Ensure that new development and uses provide a.variety of recreational:facilities for a range of income groups,.including low cost facilities and activities. Encourage, where feasibk.facilities,programs and services that increase and enhance' public recreational opportunities in the Coastal Zone. Document Number: 20156.80383684 Page.:.61 of 184 1271 • • 5,1.1,068 (Shea Homes/Parkside) ,Adopted Findings. Promote and SupportThe implententation of the proposed Wintersburg Channel Class"' Bikeway. Public access arid recreation policies and standards approved by the Coastal CommisSion.via Land. Use Plan amendment 1.-06 specifically regarding the subject site inelndOt The provision.of a public access plan as follows: A developmentplan fOr this area shall... include: • A Public Access Plan, including,.but not limited to the following features: • Class I Bikeway(paved off-road bikeWay;foruse by bicyclists, Walker*,joggers, roller skaters, and str011ers)along•the.north.levee:ofthe flood control channel. Ifa•wall between residential development and the Bikeway•iS allowed it shall include design features such as landscaped.screening, non-linear footprint, decorative design elements. and/or other features to qoj.ten theviniatlinpaet as viewed from the 131koway, • Public vislapoint with WOWS toward the.Bolsa Chica arid ocean consistent with Coastal Element policies C C 4.2.1, and C 4.2.3. All streets shall be ungated,public streets available to the general public for parking vehicular,pedestrian, and bicycle access: Alt 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 area shall beprohibited Public access!rails to the Class filikeway, open space and to and within the • subdiVision, connecting with trails to the Bolsa. Chico area and beach beyond Public access signage. When privacy walls associated with residential develbpment.are located adjacent to public areas they shall be placed on the private.property,:and visual impacts created by the walls shall be minimized through measures such as open fencing/wall design, landscaped screening,.use of an undulating°rot:I.-set.wall footprint, or decorative wall • features (such as artistic imprints, etc:), or a combination of these measures • As well as the following: Uses consistent with the Open Space-Parks designation are allowed in the residential area; and The 50 acre site(located west of and adjacent to Graham Street and north of and adjacent to the.East'Garden Grove:Wiritersburg Orange,Countyjlood Control Channel)known as the "Parkside"site affords an excellent opportunity to provide a public vista point. A public vista point in this location wouldprovide excellent public views toward the Balsa Chica and ocean. Use of the public.vista point will be enhanced with construction Of the Class 1bike • path along the flood control channel and public trails throughout the Parkside site. Policy C 2.4.7 Document Number: 2015 0383684 Pago: 62 of 184 1272 . ..„ . . . 5.-11-068(Shea HernestParicside) - .AdoPted Findings 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 subdiVisio.n. Private entrance gates and private streets shall be prohibited. 41 I public entry controls (e,g. gates, gate/guard houses, guards; signage, eta) and restrtctionS 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 • Section 30604(c)Of the Coastal Act provides that every coastal.development:permit issued for development that lies between the nearest public road arid the sea or.the,shoreline of any body of water located within the coastal zone shall include findings that the development is in conformity with the public access and public recreation poliCiesof Chapter 3 of the Coastal Act, The 50-acre subject site is located adjacent to the Bolsa Chica Ecological Reserve;a tidally influenced body of Water and therefore,the sea..as defined under the Coastal Act, Section.30115:and the City's certified LCP. (See Exhibit 7). The East Garden Grove-Wintoraburg Flood Control Channel and its banks Separate the subject property from the BolsoChica Ecological Reserve(B.CER). The BCER,at approximately 1.,000 acres,is the largest remaining wetland in Southern California, Because there is no public road.between the.subject site and the Reba Chica wetland's,the site is between the sea and thefirst public road,therefore requiring the ComMissian to'Consider'public access and public recreation policies.in its decision., Given the prominence of the adjacent Bolsa Chica wetlands,appropriate public access and passive. recreational opportunities Must be provided arid.dOnspionously Posted.Further,both the Coastal Act WI the City's certified LCP gives.priority td.land.uSes that proVide.opportunitieS.fer enhanced public access,public recreation and lower cost visitor recreational uses. Section 3021.2 of the Coastal Act mandates that new development'provide access from the nearest public roadway to the shoreline. This emphasis has been carried over into the City's certified LCP,. .In addition,the certified LCP policies and standards specifieto.the subject Parkside property also require the provision ofpublic access and recreation amenities. In certifying the City's.LIR and in its most recent LCP actions regarding the subject site,the Cgmmission recognized the importance of maximizing public access to'the.shoreline from the.project site by requiring that adequate parking and alternate means Oftransportation,low cost recreational uses,and public access signage be. . provided. Beyond the Bolsa Chica Ecological Reserve:are the Pacific Ocean and its sandy public beaches. Thus,public access across the subject site to'the Bolsa Chica area would,in turn,facilitate public access,via alternate means of transportation(bicycle and pedestrian)„to the Ocean beach. The proposed development will provide alternative means for accessing the coast,.consistent with the'requiremeritS of Section 30252 of the Coastal Actand the access and recreation policies of the City's certified LC?. There is no public parking available on Pacific.Coast Highway adjacent to the reserve. The visitor serving uses available withinthe.Bolsa Chica.Ecological Reserve(such as walking,nature study, or bird watching)are served by only two small parking areas. One located at the,Interpretive:Center at the corner of Warner Avenue and Pacific Coast Highway,and the second 47 Document Number: 2015.000383684 Page: 63 of 184 1273 • 5-11-068 (Shea'Homes/Parkside) Adopted.Finding at about the:midway point alougthe reserves Pacific Coast Highway frontage: The placement.and amount of proposed new deVel-opment will maintain and enhance public access to the deast. Namely,it will prOvide the public with alternate:forms oftransportation to access-the BCER area,. such as biking or hiking from inland areas, There is also a lack of adequate parking to serve the BOEk which is a limiting factor in Maximizing public use oftheieserve's an.le.nitiPS. Thus, allowing the general public 01=1(04 the streets ofthe proposed development arid use the aocessways.leading to:the surrounding recreational areas.Will ensure that'the.project maximizes public access to.and.along the coast It is also"important to.note that the Brightwater reSidential.development,approved by the Coastal Commission under coastal development permit 5-9.5-,020(Brightwater),is located less than one half mile west of the subject site:. That.development was originally proposed as a private,/guard gated community: However,as apprOved by the Commission the project:is open to general.public vehicular and pedestrian access,also•allowitigptiblic:parking mall subdivision streets. Also,as. approVed bytha.Commission the Brightwater development includes a public trail along the bluff edge of the.development,with public paseos and pocket parks throughOut. The.Commissions • approval of the Brightwater project also required piblib access signage,which,has been provided. Tri approving he Brightwater development the Commission found: "The PrOviSion ofpublic access in new development proposals is one of the.main tenants.of the Coastal Act, especially in conjunction.with new developmentlocated between the sea: . and the first public road,suCh as.the subjeetprOject. The 225-acre BOlsa Chica Mesa is located between the first public road and the mean high tide of the sea. At roughly 50ft. above Mean sea level,spectacular views of the wetlands and associated wildlife and uninterrupted views of the.the.Bolsa•Chica state Beach and Pacific.Ocean are.aVailabIefrOm the upper'bench.of the Basil Mat Mesa: Santa Catalina Island is:also often visible:from the project site: The Bolsa Chloe? Wetlands.at approximately.1,.600 acres is the largest remaining wetland in Southern California Following the 1997 State acquisition of most of the remaining wetlands that were under private ownership;a comprehensive Bolsa Chica wetlands restoration effort Is now underway. Given the prominence of the adjacent Bolsa Chica wetlands, appropriate public access and passive re-Creational opportunities must be provided'and conspicuouslyposted Further, the Coastal Act giVes priority to land uses that provide opportunities for enhanced public access,public recreation and lower cost visitor recreational uses. . , • A trail connection between the Brightwater trail system and the Co5 levee trail is also anticipated in the future and Shown on the approved public access'plan for the Brightwater development, The public access trails of the approved Brightwater project link to the trail system along the.Bolsa Chica wetlands and beyorid In addition,the Commission recently approved coastal development permit'5-09-209(Orange County Public Works)for repairs to the Co5 channel's south levee. The Commission's approval of that'project includes public trail upgrades along the south levee that will further contribute to the public trail system in the vicinity.. These trails,in addition to.providing recreational opportunities, also provide significant • Document Number: 20150383684 Page:. 64 of 184 1274. • 5-11-068 (Shea'Hornet/Parkside) Adopted Findings • opportunities for nature study arid views of wetlands and'ocean beyond. The Bolsa Chica • Ecological ReServ.eptibliotrail.systern is a public access resource of regional significance. Members of the general public come from throughout the entire Orange County•area and beyond to bird watch,hike,or bike the trail system, As.the largest remaining wetland in Southern California,: the public trail•sy.stentleading..to and within the Balsa.Chica area constitutes a reSOurce of statewide significance. Further,BolsaChica State Beach„located across Pacific Coast Highwaylom the Bolsa Chica wetland area,can be accessed from inland areas via this trail system. MOre.specifically,in certifying the land use plan amendment for the subject.site(HNB'LCPA 'the Commission-found:that"A bike route in this area[atop the northlevee]woul4 provide substantial public access benefits. It is encouraged in existing.LUP policies, It would provide connection between existing inland routes and the Bolsa Chica area and iS expected to.be.extended in the future along the remainder of the EGG WFCC levee adjacent to the Bolsa Chica Restoration area. When such an extension()dews (as is anticipated in the City's UV and by the County Public Facilities(k.Resotirces Department), the bike route would eventyally link to the coast An off road bicycle path already exists along the entire.length of the City's ocean fronting beach. A bike path at the subject site and along the remainder ethos RGaPV.FCC would provide a new connection from inland bicycle paths to thiscoastalpath: Islot.only would such.a bicycle path provide substantial public recreational benefits,. but it would alsoimprove public access opportunities by providing alternate means of transportation to get to.the coast and to the trails within the Bolsa Chica area. The City and the Couno,have.both indicated that a bicycle path in this location is desirable and appropriate." As required by the Coastal Act,.and by'the City's certified LCP,the applicant has proposed.a number of public access and recreation features in.conjunction with the proposed development to maximize public access and recreation, These are described in greater.detail below.. The proposed project includes a Public Trails and Access Plan. The plan is depieted.on a map.of that title,prepared by HSA,dated 1/11/10(see thihibit-5). Public uses proposed.on site include a 04 acre passive park,a one acre active park,a 1.8 acre linear paseo park,a public vista atop the vegetated flood protection feature(VFPF),a Class 1 Bike'trail atop'the reconstructed Co5 levee, and trails withiirandthroughout the residential portion of the development.. The proposed public trails will connect with the existing public trails in the project vicinity including the public trail. . systems Of the.Bolsa Chica:Ecological•Reserve,'the south Co5 levee,the Brightwater development; • and ultimately along Bolsa Chica State Beach. A signage plan is also proposed. The.proposed Public Trails and.Access Plan is described'in greater detail below. • 'I. Parks • . a)Passive Park(Lot S) The 0.6 acre passive park is proposed within the OSC area and will be landscaped with Coast Live Oak,California Sycamore,and Western Itedbud tree.s,primarily coastal sage scrub shrubs,and grasslands primarily native to coastal Orange,Los Angeles,and/or San Diego counties. A 10 foot wide,decomposed granite trail is proposed to loop.through the passive park. Benches for public use 49. Document Number: 2015000383684' Page:.65 of 184 1275 • • $-11-068:(Shea Hpmes/Parkside) • Adopted Findings are also proposed, A trail.fence(described in the Habitat Management Plan section)is proposed along the border with the restored habitat area(restored to coastal sage scrub and native grasslands habitats where it abuts the passive park). Although this area fallsvithin the area.designated.Open Space Conservation and zoned Coastal Conservation,this area is not proposed to be included within the Habitat Management Plan A passive park in this location is specifically identified in the approved LP for the subject site. Regarding the subject site;the City's certieciLLIP states: •Uses allowed within the RSHA buffer are limited:to: • 12. within the northern grove.ESHA buffer only—passive park use may be allowed if itis more than 150.feet fi..om the ESHA, but only when it is outside all wetland and wetland buffer areas, and does not include any uses that would be disruptive to the ESHA. Uses allowed withinthe passive park areas shall be limited to: a) nature'trails and be nchesfor passive recreation, education; and nature stUdy,, b) habitat.enhancement; restoration, creation and management. . • • • At its neatest point,the proposed Passive Park iS 150 feet from the northern eucalyptus ESHA. Although no direct conneetiOn is depicted on thePublic Trails-and Access Plan.,the existing, informal public trail at the western end of the northern property line,which will remain,would be accessed,from this passive park area. Lot S,TTM 15371,Passive Park,will be maintained by both the HOA and the City. The HOA will be responsible for landscape,irrigation and lighting, The City of Huntington Beach will be responsible for the park features.including all benches,trails,etc. b)Active Park(Lot A). A one acre active park is proposed within the area designated,and zoned residential. It is adjacent to the Open Space Conservation designated area,immediately adjacent to the passive park and a portion of the 100 foot EPA wetland buffer area. In this area the EPA wetland buffer is proposed to be restored to native grassland habitat. It also is adjacent to and links with the EPA trail(described below). The active park is proposed to be landscaped with primarily,though not exclusively,local natives,though all plants will be drought tolerant non-Invasive. A 10 foot wide,.'decomposed granite trail is proposed to loop through the active park that would also link with the trail in the passive park,with proposed Street"B"and.with the EPA trail. The EPA trail connects at the other end to the Co5 levee trail via the levee connector trail within Lot W, A tot lot area, a swing set area, and a free play turf area are proposed within the Active Park. A gazebo is proposed between the tot lot and,the eastern edge of the park. Also proposed are two entry arches where the Active Park trail meets B Street, Benches are proposed near the tot lot and the free play turf area. Lot A,TTM 15377,Active Park,will be maintained by both the HOA and the City. The ROA will be responsible for landscape,irrigation and lighting. The City of Huntington.Beach will be Document Number: 2015 0383684 Page: 66 of 184 1276 5-11-068(Shea Homes/Parkside)1 Adopted Findings • responsible for the park features.including allhardscape;tot lot play structure and area,benches, tables,gazebo;trails,etc. Public pedestrian access to the active park is also proposed to be proVided.frem.Giverileaf Lane, which is located in the adjacent,established neighborhood to the north.. In addition to the provision of public pedestrian access;a minimum 30 foot Wide(per City's approval requirement)emergency vehicular access will be provided from Greenleaf Lane as well.. Vehicular access from Greenleaf is limitedto etnergenerVehicles only. The emergency vehicular access..will connect Greenleaf Lane with"A"Street. The emergency vehicular access is proposed.to be gated to preclude non- emergency vehicles. .0 Paseo Park(Lots 0,P, 0,B) A"Paseo Park is prOp.osed.as a 1:8 acre linear green.Space within the area designated reSidential, It borders the.site's northern property line and extends Graham.Street to the active park area; where the public can continue along dedicated pathways to recreational'areas along the.flood control channel and BOER. A slightly meandering public trail is proposed within Paseo Park. An. entry arch is proposed at the point of the meandering trail nearest to Graham. Between the meandering trail and the adjacent.street,.Paseo Park is proposed to be.planted with Crepe Myrtle, Golden Trumpet Tree,and/or Bronze Loquat trees and hirfblock(Seashore Paspalum), Between the meandering walkway and the nth-them property line,the Paseo Park is proposed to:be.planted with Bottle Tree,Indian Laurel Fig.tree,Brisbane Box tree,Crepe Myrtle, Golden Trumpet Tree;Bronze Loquat tree,Queen Palm,and Shtubstground.cover not currently In a letter,dated 4/29/10,the applicant's biological consultant LSA certified that the proposed landscape plans have no nonnative species in the park areas that could invade the adjacent natural areas," (See exhibit 0) 2. Trails The proposed projectincludes a number of public trails,described in greater detairbelow. The. active park(Lot A)and the passive park(Lot S)and informal trail within Lot CC will be,dedicated in fee to the City and managed by the HQA: All other park and:nail.areas are proposed to be dedicated in fee to the proposed Homeowners Association,with an offer to dedicate a public trail easement to the City. With.the exception of the trail within the Paseo Park,all trails will:be within 10 foot wide.pubiic access easements. Within the Paseo Park,the trail itself will be 3'A feet wide, meandering within the dedicated 10 foot wide public trail easement. a)Levee.Connector Trails.—Lots N&W TWo levee connector trails are proposed within proposed Lots N W. The trail within Lot W will connect:the EPA trail which extends from.the active park,to the levee near the Western end Of Street C.: In addition,the trails within Lots N and W will connect the internal subdivision streets and sidewalks to the.levee trail. Lot N is located'at the levee.'at the intersection of Street B:and Street C. Street a is adjacent to the Active'Park. The levee connector trails will accommodate both pedestrians and bicycles. 51 Document Number: 201'5000383084 Page:.67 of 184 • 1277 • 5-11-068.(Shea Homes/Parkside) • Adopted Findings b)Informal Trail-Lot CC In addition,there is an existing informal public trailalong the western end of the northerriproperty'-• line. No changes are proposed to this Use: This trail is located within proposed Lot CC., Lot CC is located within the Open Space Conservation designated area arid is included within the area contained in the-proposed•Ilabitaf M4/1 g ern e 14 Plan. c)EPA Trail—Lots T;U,V A public trail,called,the z:A trail because it abuts,*EPA wetland baler,is also proposed along the western edge of the area designated for residential development This trail would skirt along the edge of the habitat restoration area and connect the active park to the levee connector trail in proposed Lot W. The EPA trail is proposed Within Lots T,U, and V. Two benches are proposed. within Lot U Entry arches are proposed within Lot T where the trail:meets Street B and within Lot V where the trail meets the Street C cUl-de-sac, 1,and.scaping is.also proposed. d)VFPF Public Vista POint A public vista point is proposed:atop the VFPF With a publiC trail leading from the levee trail to the vista point The VFPF trail is proposed to be 15 feet wide and is also proposed to accommodate maintenance vehicles. As proposed,the Vista Point:trail atop the VFPF extends approximately 250 feet north from the levee,Where a scenic vista point is proposed. The area of the vista point is proposed to be 50 by 50 feet, e)Levee Trail • In.addition a Class 1 bicycle and pedestrian trail is proposed atop the reconstructed north levee of • the Co5 channel. Two connector trails,described above, are proposed from within the residential development to the levee top trail. In addition,public access to the levee trail will be available from Graham Street. 0 Public Sidewalks: A public sidewalk is proposed along the west side of Graham Street,adjacent to the Proposed project,and an internal connector sidewalk is proposed from the project entry area to the northern end of C Street The connector sidewalk at the project entry provides an additional access point to the project public trails,as well as other amenities within and nearby the project site. Internal sidewalks are also proposed along the proposed streets. All sidewalks Within the development are proposed to be public. g)Paseo Park Trail Docurnont Number: 2015H0383884 Page: 68 of 184 1278 • . ._ . 5-11-068.(Shea Hornes/Parkside) Adopted Findings Within the Paseo Park,a 10 foot wide easement is proposed to be offered to the City of Huntington Beach.. Within the 10 foot wide easement,a minimum foot wide meandering public trail is proposed, 3.. Mlle Parking,Public Roads,&No Gates As proposed,all of the streets of the development will be ungated and open to:the public for public pedestrianrbicycle and vehicular access, A total of 195 public parking spaces will be available on project's public streets. The parking spaces are located on both sides of all public streets. Of the 195 public parking spaces,27 Will be available on"A"Street adjacent to Paseo Park and 24 spaces will be available on"B"Street adjacent to The active park and a portion of the EPA trail. The remainder of the on-street public parking spaces(144)is distributed throughout the subdivision streets,including hear the levee connector trails, All on-street parking is proposed to be open and available to the general public and no preferential on-street parking,reserved for private residential use is proposed. All streets are proposed to be dedicated to:the City. • 4. Public Access Signage The proposed public access plan includes public access signage, The:face of the public access signs are proposed to be I Y2 feet tall by 1 foot wide.,and attached to a post for an overall height of 5% feet Signage lettering is proposed to be approximately 2 inches high. One sign is proposed at the subdivision entry road at Graham.Street;one at the pedestrian/emergency vehicle from Greenleaf Street;and one at the levee connector trail within Lot W;for a total of-three public access signs on the site. The sign within lot W is proposed at the bottom of the levee connector trail,not visible from the larger levee trail. 5. Walls.&Fences Adjacent to Trails A:wail is proposed along the C05 north right of way between the proposed levee trail and residential development The applicant states that the wall is required by the City of Huntington Beach for privacy and security purposes. The.Wall is proposed to be 6 feet in height except at the Column. caps. To lessen the appearance of the bulk of the wall,24 square inch columns are proposed at approximately every 55 feet within the otherwise 6 inch wide wall. Thus, every 55 feet the wall will jut out 9 inches(on both sides),creating an offset along the face of the wall(See exhibit 11). Additionally,the wall is proposed to feature two different block finishes that is intended to create a decorative pattern,along the wall. The columns and the decorative block between will be finished with concrete caps to further aid the visual appearance of the wall treatinents. The wall will be located on the proposed private residential lots and no part will encroach onto the City or County right of way. 6. Public Restroom • The proposed development includes 111 new single family residences. Occupants of this new residential development will increase recreational demand Within the project vicinity. The subject Site is surrounded by an extensive trail system adjacent to and within the Bola Chica Ecological 53 Document Number: 2015000383684 Page: 69 of 184 1279 • 5-11-068(Shea,HOMeS/Parkside) Adopted Findings. Reserve. The introduction of 111 new residences will result in an increase to the already existing demand On this system. Annually;it is estimated that:approximately.25,000 students;volunteers, and visitors come to the Bolsa:Chiea Interpretive Center alone. This number does riot account for visitors who.routinely visit the wetlands trail system without entering the Interpretive.Center. Currently,within the Bolsa Chica Ecological Reserve there are only two public restrooms available, These are two non-permanent,outhouse type facilities affiliated with the Bolsa Chica Interpretive Center which is located near the southeast corner of 010 intersection of Pacific Coast Highway and Warner Avenue.. In the vicinity of the subject site(northeast Bolsa Chica area),no public restrooms are available. Adding the future occupants of the proposed new 111 residential units to the current level of demand already placed upon the public trail and amenities system in the;Balsa Chlea area,there is a need for public restroom faeifities. People who would otherwise visit the area may be dissuaded to access the coast from the subject property's trails.due to the absence of adequate restroom facilities. Or those who do visit may need.to cut visits short As proposed,no public restroom is included in the proposed development For the reasons discussed above,lack of adequate public restroom facilities can create adverse impacts on pnblic access and recreation. The active park proposed at the subject site would provide an ideal location for a public:restroom. This location would allow users of the tot lot(proposed in the active park)with small children ready access to the facility,while at the same-time being convenient to the users of the trails throughout the subject site. Signage would aid in letting users fthe levee trail-know of the availability of a restrOmn,so that those accessing the wider Bolsa Chica trail system from the levee trail would become aware of its existence Such a facility would not need to be elaborate to be effeptive. A single stall With:an outdoor'sink would-be adequate, • The Commission.finds that without the provision of a public restroom Within the active park at the subject site,the proposed development cannot be found to be consistent with the public access and recreation policies of the Coastal Act or with the Public access and recreation policies of the City's certified LCP which require that public access be Maximized. Thus,a special condition is imposed that requires that the proposed development include a public restroom within the active park'areas Therefore,the Commission finds that only as conditioned can the proposed project be found consistent with the public access and recreation policies of the Coastal Act and with the public access and recreation policies of the City's certified LCP. It'should be noted though,that if an acceptable alternate location is identified,an amendment to this coastal development permit may be ptirstied to allow construction of a.restroom facility off-site as long as it adequately addresses the needs outlined above and serves the Bolsa Chica area. 7. Entry Monumentation The main and vehicular entry into the subdivision,is,located at Graham Street at the northeastern side of the property. A landscaped median is proposed as well as entry monumentation. Also proposed in the median are a stone planter and a 51/2 feet high by 15:feet long monument sign wall: The monument Sign wall is proposed to say"Parkside". Also proposed are two,entry arbOrs on 54 Document Number: 2015000383884 Page: 70 of 184 1280 . . 5-11-06:8 (Shea.Hornes/Parktide). • Adopted Findings either site of the toad leading into the,development. The.entry arbors are propoSecl to be 10 feet tall, 12K feet wide and 22 feet deep; The arbors are proposed to be open.on.the sides,with a total of six stone columns each. The roof is proposed to be Wood,and beam,with lattice top. Thelarge sign announcing a private residential'development along with two:entry arbors at. proposed.can create theimpression Of a priVate gateWay to a.private tonnnunity with entry litnited only to residents and their guests, The scale of the entry arbors and their symmetrical placement creates the false impression that the area beyond is an exclusive private gateway into a private residential erielave. When,in.fact the site is an important entry point to public trails,parks and open spaces beyond. This would deterinembets•cifthe general.publie from attempting.to access the'site; depriving them of use of the public.access and recreational amenities available throughout:the.site. Thus,the proposed entry arbors and monument sign would deter members of the genera public from attempting to access the Site,depriving them of use of the public access and residential amenities available throughout the site. In addition,it WoUld limit aceess.through the site to the trail systems:beyond.. Thus,ihe.proposed entry rriontnnentdtion cannot be found to be consistent.with the Coastal Act and LOP policies that require that public access and recreation be maxinlized. Thus the CortirriiSaionimpoSeS aspecialeondition requiring that the.entry monumentation and arbors be deleted from the proposed project Only as conditioned can the proposed project be found to be consistent with the public access and recreation policies of the City's certified.LCP and the Coastal Act. 8. Public Access Amenities Ownership Active'and Passive (Lots A and S) Offer to dedicate in.fee for both:parks will be made to the City of Huntington:Beach,. In addition,all streets and street sidewalks will be offered for dedication to the City. The emergency vehicle/pedestrian access between Greenleaf Lane and Street A;is located within Lot A(Active Park)and'so will be part.of that offer to dedicate to the City, Lots N and W(levee connector trails)-.the land Will go to the HOA(via deed restriction,:CC8cRs,. anddedicationon tract map)and,an offer to dedicate a 10 foot wide public pedestrian easement within the lots will be made to the City. Within Lots T,Iland V(trail fromactive park to levee [habitat area to the west,B Street.to the east, • and proposed residential•lets•to the south])-the land will go.to the 150A(via deedrestriction, CC&Rs,and'dedication on tract inap)and an offer to:dedicate.a 10 foot wide easement within the lots will be made to the City. Lot CC the land will'go to the HOA(via deed CC&R.s,and dedication on tract map); No offer to dedicate an easement'to the City is proposed. • Lots C and.D (located south of the entry.at Graham Street,to provide public pedestrian.Sidewalk. connection.to Street.C):the-land:will go to the HOA(via deed restriction,CC&Rs,and dedication.on - tract map)and an offer to dedicate a 10 foot wide easement within the lots Will he made to''the City. 55 Document Number: 2015000383884 Page.: 71 of 184 1281 • • •• ., •- - • 5-11-068 (Stioa.Hornes/Parkside). Adopted Findings . • Lots 0,-P,Q.,,It(Paseo Park)the land will go to the.HOA(via deed restriction,CC&Rs,arid dedication on tract map) and an offer to dedicate a 10 foot wide easement within the lots will be made to the City, • • The City has indicated:in writing its intention'to accept all offersto dedicate described above. The.110A will have responsibility for all landscape maintenance(including inigation)of all areas described above,even ferthe Active and Passive•parks:dedicated inEfeG to'the City. The VFPF will•belocated.Within.propOsei•Lot.Y, An offer to dedicateit in fee to the County is proposed. The trail atop the levee will be within the Orange County Flood Control District's right- 'of-way. The County has indicated,in writing intention-to accept the offer to dedicate the VFPF (eonthigent•upon meeting FEMA standards)as well.as operation and maintenance of the public trails and vista.point. The applicant has proposed'a number of beneffcialpublic.accentrailP and.amenities.• However,in. .• order to find the proposed development consistent with the public access and recreation policies of the City's certified LCP and the Coastal Act cited aboVe,a few modifications are necessary to assure that public access is maximized at the subject site. These•modifications should be reflected in a Public Amenities and Trail Management Plan. 9. Public Access—Special.Conditions • In addition to.the special conditions,requiring a public restroom within active' park activeark at the subject . . site and prohibition on entry montinientatiOn,..Otherspecial conditions are necessary to maximize • public access in conjunction with the proposed developitient. For example,although the proposed project includes a Public Access Plan,it is not adequate to ensure public acceSa will indeed be maxithized. The signage plan must•be expanded to require that the.'size of the public access sips are adequate to ensure their effectiveness In approving the nearby Brightwater development(5-0- 020),,the Commission imposed a.signage•special condition requiring that signage be visible from nearby public roads and from internal streets and trails. Depending.on.the location of the signage and its intended viewer, appropriate sign sizes may differ..Specific sizes were not identified in the Brightwater signage special condition to allow the sign sizes to be appropriate to their location and intent. For example,signage at Graham Street and.at other entry points into the development would appropriately be larger than internal signage within the development. In addition,the signage plan should ensure that public access signs are more numerous,contain enough information and.are located prominently in all the appropriate locations. Furthermore,it should be.made clear that public access signage and all public access amenities remain clearly available and functional for public use. Vegetation should not be allowed to become overgrown and obscure signage or the amenities themselves. In general the public access plan should make clear that the public access and recreation amenities will remain open.and available to the general public and,limitations on. •• these uses are riot allowed. Therefore,Special Condition No: 3 is.imposed to submit a revised access plan,titled Public Access AmenitieS&Trail Management Plan, that makes clear the extent. of access and recreation opportunities available and that they will remain available in perpetuity. • Document Number: 20150383684 Page: 72 of 184 • 1282 • • • • 5-11-068($bea•Fomes/Parksida) Adopted Findings The applieant has.proposed'a plan addressing the provision ofpublie access at the site during construction, See exhibit.12;Public.Trail Access During Construction Revised Tentative Tract Map No. 15377. As propOsed,,pUbliCaCeess would remain available at the site during:Construction via one of three possible trails, in the earliest stages of construction,public access.Will be maintained via the existing informal trail at the base of the bluff at the.western side of the property. This trait Will continue to.link with the flood control channel levee to the south. As development continues, public access will be provided via a public access trail provided through the Paseo Park trail linked to the EPA trail and/or via the levee trail atop the north levee of the East Garden Grove Wintersburg flood control channel. Both of these trails will also link up with the flood control channel levee downstream. The applicant's proposed public access plan'to be implemented"during construction includes temporary public access Signage as is reflected in Exhibit 12.of this staff report. To insure that existingpublic access.at the site is not interrupted during construction,consistent with the Coastal Act.and LCP requirements to maximize public access,a special.condition is imposed which. requires the applicant to Carry out interim public access during construction as proposed, As proposed,anurnber.of the'ateas'proposed to inclUde•publie trails are proposed within multiple lots,even though the lots,all provide:the same.public aceess.trail use. This is true for the trail within the Pa.seo•Park(Lots 0,P,.(),.13),.the EPA trail(Lots T,U,V.W),and pedestrian entry at Graham. (Lots C and D). Segmenting the areas proposed to contain single trails is not most conducive to ensuring,continued public access. Ifthe tract-map.stayed in its current configuration,there is a higher risk of misinterpretations of the CC&Rs and other relevant:recorded restrictions as they relate-to the lettered lot areas. Combining certain lettered lots in Tentative Tract Map 15377 that will be dedicated for one purpose would help ensure that each dedication is properly deeded and - • • • restricted consistent with the findings of this staff report.The recombined lots are necessary to ensure that the access and recreation areas ate managed in a'more comprehensive'manner. Moreover,the proposed TTMs are not specific when identifying the uses for each of the open space lots. For example;for Lots T,1,1;V,proposed TTM 15377 in the list of uses per lot only identifies open space within these lots prop:osed to contain the EPA trail: And the use•identified for Lot Y is only VFPF,.with no mention of the public trail and vista point proposed on top. The list.of uses per lot on the TTMs must more specifically identify the uses required within each lot. Thus,the. Commission imposes.Special Condition No. 10 to.ensure that the:propoSed project conforms to the Coastal Act and certified.LCP'requirements to maximize public access and recreation. . . . . As proposed...the public access plan would include a gate across the top:of the VFPF and agate at . . the pedestrian/emergency vehicle entrance at Greenleaf Lane. Currently,informal public access exists across the adjacent Goodell property A gate on the VFPF would interfere with continued use' of this:existing,informal access inconsistent with the public access policies of the Coastal.Act. Also,the proposed gate at the Greenleaf Lane entrance could deter use of that access way by creating the impression that the trail access is closed or not meant for public use, Rather than a gate in that location,bollards would.effectively preclude non em.ergency vehicles while still promoting public pedestrian and bicycle access at that access way. Therefore,a special condition is imposed to eliminate the gate on the VFPF/Vista Point trail and to replace the-proposed gate:at Greenleaf Lane with bollards instead. • • 57 Document Number: 2015000383684 Page: 73 of 184 1283 5-11-00.(Shea HoMeS/Parkaide) Adopted Findings • Also,special conditions are imposed to assure that the.dedications occur arid are implemented.as proposed. The Commission finds that only as conditioned can the proposed development be found to be consistent with the public access and.recreation policies of City's certified LOP and the Coastal Act. F. Wetlands,ESHA,..&Habitat 1. Wetlands • The...City'S certified LP'defines wetlands as: "Land which may be coveted periodically or permanently with shallow water arid includes saltwater marshes,freshwater marshes,open or closed brackish water marshes,MUdflats,.ar4fehs. Wetlands are lands transitional between terrestrial and aquatic systems,where-the water table is usually At or near the surface or the land is coveted by shallow water. For purposes of this classification,wetland must have one or more of the following attributes: 1. At least periodically,the land supports predoinin. antly hydrophytes;or 2. The substrate is predominantly undrained hydric soil,or . 3. The substrateiS•rion-SOil andia.satutated with Water or.covered by :shallowswatergt:some time during'the groWing season each year." In addition,the City's LOP includes Policy C 'which limits filling of wetlands to the.specific activities outlined in Section 3023.3 of the Coastal Act and states: C.6.1.20 Limit diking,dredging and filling of coastal waters,wetlands,and..estuaries to the specific. activities outline in Section 30233 and.366073 of the Coastal Act and to those activities • required for the.restoration;iliAinteilance,and/or repair of the Municipal Pier and Marina docks Conduct any'diking,.dredging and filling activities in a manner that is consistent with SectiOn 30233 and 30607.1. of the Coastal Act, The certified.LUP also includes the following policy: C 7.1 Regulate new development through,design review and permit issuance to.ensure.consistency with Coastal Act requirements and minimize adverse impacts to identified environmentally sensitive. habitats and wetlands. In addition,LOP policy C 7.1.4'states,in.pertinent part "Require that new development contiguo.uS to wetlands or environmentally sensitive habitat areas include buffer zones." • In addition,the City'S.certified.LOP specifically requires.that development of the subject.sitemust • - • include a: "Habitat Management Plan for all ESIL4, wetland, and buffer areas designated Open Space-Conservation that provides for their restoration and perpetual conservation and management. Issues to be addressed include; but are not limited to, methods to.assure continuance of a water source to feed all wetland areas, enhancement of habitats and required buffer areas, ' • Document Number: 20151600383884 Page.: 74.of 184 1284 . . 5-11-068 (Shea HomeslParkside) Adopted Findings restoration and enhancement of wetlands and environmentally sensitive habitats and required buffer areas, and fuel modificatian requirements to address fire hazard and avoid disruption of habitat values in buffers." Regarding uses within wetland and wetland buffer areas,the City's certified LUP,.specific to the subject sitel fiiither,retittiresi, A. Wetlands; . Only those uses described in Coastal,ElenzentPolicy C 6:1.20 shall be allowed within existing and reStoredivetlands. • All development shall.assure.the•continuanceof the habitalvalue and function:of wetlands. Wetland1314ffer..be.m A buffer area is required along the perimeter of wetlands to provide a.separation between development impacts and habitat areas and to funetian as transitional habitat The buffer shall be of sufficient size:to ensure the biological integrity and preservation of the wetland the buffer is designed to protect. A minimum buffer width Of 100 f4t shall be established. • Uses allowed within the wetland buffer are limited to .22 those uses allowed within wetiands.Per Coastal 4:lement Policy C COO; 3) a vegetate-0°0d protection levee is a:potential allowable uSe if due to.siting and design constraints, location in the wetland buffer'is unavoidable, andthe levee is.the most protective of coastal resources including wetland and WA; 4) No active parkuses (e.g: tot lots playing fields,picnic tables, bike paths, etc)shall be allowed within 100feet of wetlands preserved hi:tbe Open Space Conservation area: In addition,policy C ate•City's certified TIT requires: • Any areas that'constitute.d wetlands.or ESJLA that have,been removed,altered,filled Or degraded as the result of activities Carried out without compliance with Coastal Act requirements shall be protected as required by the policies in this Land Use Plan: • Wetlands often provide critical habitat,nesting sites,and foraging areas for many species,some of Which arethreaten.ed.or endangered. In addition,wetlands can serve as natural filtering mechaiiiSitS to help remove pollutants from storm runoff before the runoff enters into streams and rivers leading to the ocean Further,wetlands can serve as natural.flood retention areas. Another critical reason for preserving, expanding,and enhancing-Southeni California's remaining wetlands is because of their scareity, As much as 75%of coastal wetlands in southern California have been lost,and,statewide up to 51.%of wetlands have been lost, • 59 Document Number: 2015000383684 Page:. 75 of 184 • 1285 • 5-11-068.($hea.flomes/Pa*side) Adopted Findings Historically, this site was part..of the extensive Bolsa Chica Wetlands system and Was part Of the Santa Ana Itiver/Bolsa Chico. Complex. In the late 1890s the•Balsa Chica Gun Club completed a dam with tide gates,which:eliminated tidal influence,separating fresh water from salt water. In the 1930s, agricultural ditches began to limit fresh water on the site, and m 19.5 ; the East Garden Grove-Wintersburg (Co5) flood control channel isolated. the Site hydrologically. Nevertheless, wetlands persist at-the site'today: In its action on the LIN amendment for the subject site;the•Ccinimission found that wetlands were present Ott-site. hi addition,the Commission found'that additional wetlands would exist on site were it not for either unpermitted fill activities or farming activities that converted wetlands to dry landS. Any activities;whether normal farming'activities or other,that result in the fill of wetlands cannot be exempt from the need to obtain approval of a coastal.development permit. Unpermitted development cannot b.e Used as a basis tojustify-development in areas Where,were it not for the' unpermitted development,such development would not be.consistent with the requirements of the. Coastal Act Consequently,the Commission found that both the areas that currently meet the definition of wetland at the site as.Well as the areas that would have met the definition of wetland Were itnot for impettted activity,:must be treated as wetland.in terms OftiSes allowed within and adjacent to these areas. (See.LT-WR v.California Cbastal.Ccinimission.(2007).152 Cal.App.4th TM.796-797) Extensive documentation.addressing the extent and location of wetlands.'at the subject site has been prepared in conjunction with theproposed development,first during the LCP amendment process and now with the coastal development permit application. In addition;the Staffecologist has reviewed historical information regarding the subject site and surrounding area A complete list of all documents reviewed by the staff ecologist in conjunction with this project is included in Attachment B. An updated wetland delineation,dated.September 200,prepared by Tony Bomkamp of Glenn Ltikos Associatesovaa,submitted with the coastal development permit'application: in addition,a subsequent wetland delineation update was prepared,also by Tony BomIcanip of•Glenn Lulcos Associates,dated April 20,2012, No new wetland areas were identified in either delineations The Commission's staff ecologist has reviewed both of these wetland delineations,in conjunction with the coastal development permit application. Although.the delineations continue to argue'that areas previously identified as wetland do not constitute wetlands,those areas are nevertheless proposed to be restored and preserved as:wetlands. No new evidence has been submitted to support the suggestionthat areas not previously recognized by the Commission as wetland now exhibit wetland characteristics. The'Commission's staff ecologist has reviewed the two most recent wetland delineations,recent aerial photoS,and rainfall patterns for the entire site,as well as all previously submitted biological and wetland information, The COmthiSsion's staff ecolOgist finds the.applicant's biological consultant's claims regarding:the previously identified.wetland areas are moot as these areas are proposed for restoration and preservation. Based on all information presented,the staffecologist concurs with'the determination that the areas of the subject.site.proposed for single-familyresidential development,including the • Document Number: 201540383684 Page: 76 of 184 1286 • 5-11-068(Shea HOmOs/Parkside) Adopted Findings associated support facilities for the residential areas,do not exhibit wetland characteristics and do not meet the certified LCP and the Coastal Act definition of Wetlands. No new evidence has been submitted supporting the presence of Wetland&in areas other than those recognized in the proposed. Ftabitat Management Plan and proposed for preservation.and.'restoration. The'applicant aCknoWledges.the presence of wetlands at the subject site and'proposes to preserve and restore all wetlands on-Site,.including all existing,wetland and those wetland areas lost due to unpermitted development,including the restoration of wetlands consistent with the Commission, approved Consent Cease and Desist Order C.CC-12,CD,10.and Consent Restoration Order CCC-12- RO4 O.In addition,wetland buffer areas are propbsed;as required by the certified LCP. No • evidenCe has been presented to support allegations of additiOnal wetland area,beyondthat recognized in the proposed project's Habitat Management Plan,exists at the subject site, The wetland preservation and restoration 4 included in the proposed Habitat Management Plan(HMP), is described,in detail'beloW: • 2. ESHA The City's certified LCP ESHA policies.and ESHA definition reflect the Coastal Act's ESHA policies and'ESHA definition. The City's certified LCP defines.ESHA - • . Any area in which plant.or animal life or their habitats are rare or especially valuable and which could be easily disturbed or degraded by human activities and developments: In addition,the City's Certified LUP includes the following policies: C7.1.2, Environmentally sensitive habitat areas shall be protectedagainst.any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. In the event that development is permitted in an ESHA pursuant to other provisions of this LCP, a "no:-net,lOss"policy(at a minimum)shall be.utilized. And • C 7,13 Development in areas adjacent to.environmentally sensitive habitat areas and parks and recreation areas shall'he sited and designed to prevent impacts which would significantly degrade those areas, and shalt be compatible with the continuance of those habitat and recreation areas. The'City's certified LUP also.includes policy C.7.1.4.,which requires that new development • contiguous to wetlands or environmentally sensitive habitat areas include buffer.zones. 61 Document Number: 2015000383684 Page: 77 of 184 • 1287 • 5-11-068 (Shea HorneslParkside) . , • AdOpted.:FiricOngs Regarding uses withirrESHA and.ESHA buffer'areas,'the City's certified LIP 8tartes,specific to the subject site: • Environmentally.Sensitive Habitat Areas; Only uses.dependentori the resource shall be alloWed. .Environmentally Sensitive Habitat Areas (g571/1) :BUN?Arede: • A variable width buffer area.is required along the perimeter of the.ESHA and is required to be of sufficient size to ensure the biological integrity and preservation of ESHA the buffer is designed to protect. A minimum buffer width 297 to 650 feet Shall be eStablishedbetween all residential • development OrTiCtive.park use and raptor habitat within the eucalyptus groves. Uses allowed*within the ESHA buffer are limited to: 1) .uses dependent on the resource; 2) wetland and upland habitat restoration and Management; 3) vegetated:flood-protection levee that is the most protective of coastal resources including wetland and E.SHA;. 4) Within the northern grove ESHA buffer only—passive parkuse may be allowed flit is •• more than-150.feet from the EVA, but only when it is..Outside all,wetland andweiland buffer areas, and does not include any uses that would be disruptive to the ESHA. Uses' allowed within the pasSivesPeiti.areas shall be limited to: a. nature trails and benchestOr passive recreation, education, and nature study; b. habitat enhancement, restoration, creation and management. . 5) within the southern grove ESHA buffer only a.water quality Natural Treatment System• may be allowed so long as it is located in an area that is Most protective of coastal resources and at"oast 246 ftet from the.ESHA. 6) In addition to the required ESHA buffer described-above, grading shall be prohibited within 500 feet of an occupied raptor ne,.tt.during the breeding season (considered to be from February 15 through August.31);* The subject site contains environmentally sensitive habitat areas(ESHA). On the site's southwestern boundary, at the base of the bluff,.is a line of Eucalyptus trees that continues offsite to the west. The trees within this"eucalyptus grove"within and adjacent to the subject site's Western. boundary constitute an environmentally sensitive habitat area(ESHA)due to the iroportant ecosystem functions they provide to a suite of raptor species. These eucalyptus trees are used for perching,roosting,or nesting:by at least 12 of the 17 species of raptors that are known.to occur at • Bolsa•Chica. Although it is known as the"eucalyptus grove",it also includes several palm trees and pine trees that are also used by raptors and,herons. None of the trees:are part of a native plant -community, NeverthelesS,this eucalyptus grove has been recognized as ESHA by multiple Document Number: 2015CA0383884 Page:. 78 of 184 1288 • .--11-068 (Shea Homes/Parke). Adopted Pindings. agencies since the late 1970'S(USPWS, 1919; CI)F0 1982, 1985).not because it is part of a native ecosystem;or because the trees in and of•themselves warrant protection,but because ofthe important ecosystem functions it provides. Some of the raptors known to use the grove include the white tailedkite,.sharp-shinted.:hawk,Cooper's hawk,andosprey. Many of these species are dependent on both thoi)olsa.Chica.wetiands.and the nearby upland areas.for-their food. These. Eucalyptus trees were teCognized.as ESHA by the.'Coastal CoituniSsion hi prier aCtionSincluding its 2006 approval of the portion of the subject site that formerly fell within.the Belsa Chica LCP area ("County Parcel"),the Coastal Commission's approval of the adjacent Brightwater development (coastal development:permit:5-05-020),and.its actions°tithe LUPA and IPA for;the subject site. The southwestern grove of Eucalyptus trees is recogriied in the'City's certified.LCP asESHA.. In addition,the EucalyptuS grove'in the northwest corner of the site, although separated from the rest of the trees by a gap of about 656-feet,provides the same types of ecological fithetions as do the. rest of the trees,bordering-file mesa. At least ten species of raptors have been observed in this grove and Cooper's'hawk's.;a California Species of Special Concern,are known to have nested there, Due to the important ecosystem.functions of providing perching,roosting and.nesting.opportunities for Variety of raptors,these'trees also donStitute.E.SHA. This northern,eucalyptus grove is recognized in the'City's certified LCP as.ESHA. • The. ESHA require.that all ESHA beprotected from significant disruption and:that only uses dependent upon the resource are allowed within ESHA., In addition,the City's certified LCP requires development adjacent to ESHA be sited and designed to prevent impacts which would significantly degrade the ENSA areas.. The City's certified LCP ESHA policies further require that adjacent development be compatible with the continuance of the habitat area. In order to assure the ESHA at the subject.site is not significantly degraded,is.protected*and • remains viable,in addition to precluding non-resource dependent development within the ESHA,a buffer zone around the ESHA must be established to assure that adjacent development is compatible With the continuance of the ESHA. A buffer zone requires that development adjacent to the ESHA be set back.an appropriate distance from the ESHA: The setback is intended to locate development ' fat enough away from the ESHA so as to reduce any imPacts.that,may otherwise accrue from the development upon the ESHA and that would significantly degrade the ESHA.or be incompatible with its continuance. The distance between the ESHA and development,the buffer zone,must be• wide enough to assure that the developriient.would riot degrade.the.ESHA and also would be compatible with:the continuance of the ESHA. The certified LCP requires as variable width buffer along the perimeter of the ESHAs that is adequate to ensure the.biological integrity and preservation of'the ESHAs the buffer is designed to protect, The certified LCP allows a variable buffer'distance ranging from a.lninimurn distance of 297 feet to A maximum distance of at least.650 feet between the'ESHA and residential or active • park development(note: 100 meters is 32g feet), In some areas of the site,the effective,width.of the • buffer area.would exceed 100 meters due to.the relative,location of wetland area and wetland'buffer.. These areas would provide.appropriate ESHA buffer in that development,with the related noise, intrusions and activities,would not occur within them and also because those areas would remain viable as raptor foraging.area. In approving'the LUPA for the subject site the Commission.found • Document Number: 2015660383684 Page:. 79 of 184 •• 1289 5-1.1-0:68(Shea Homes/Parkside) Adopted Findings • - • that buffer area was necessary'to both reduce the impacts of development upon the ESHAs and to retain adequate foraging area to•support the raptors continued use of the ESHA_The proposed buffer area.was'determined based on.the area necessary to.prevent irripacts•which would significantly degrade the ESHAs and to assure the continuance,orthe ESHA. The proposed ESHA buffer widths are consistent with those required in the certified LCP and are adequate to protect the ESHAs arid prevent impacts. • The proposed development•recognizes and Preserves the•ohlite Eucalyptus ESHAs as Well as the buffer area required by the LCP specifically for the subject site as necessary to proteet the ESHAs. In order to implement these protections,the applicant has S.proposed a Habitat Management Plan as a component of the proposed development. • 3. .Habitat Management Plan The City's certified LCP requires,--specific to the subject site: • bitat Management Plan shall be prepared for allareas designated Open.Space- Conservation which shall include restoration and enhancement of delineated wetlands, wetland habitat mitigation, and establishment of appropriate buffers from development. As.required by the above cited LUP policy.and in order to'proteot.on-site wetlands and ESHA as - necessary for...eonsistency with the certified LCP;the applicant has,submitted a Habitat Management Plan(HMP)for the subject.site in conjunction.,with the'proposed development plan. The restored area is..exp ected to support.a greater diversity and density of SpeCie&than.the site currently suPports, In order to achieve these.goals,the proposed project includes habitat restoration undrrianagement within the area designated Open•Space Conservation. The plan is•deScribed in the doeument.titled Habitat Management Plan,Parkside Estates,prepared by LSA,dated September 2011. Habitat proposed to be managed and restored as described in the proposed IIMP includes: 1.9 acre of eucalyptus.ESHA:(Cornbined WOW Qf both the-"Loral and south eucalyptus groves);a portion of the proposed Natural Treatment System(1..6 acres);the 1.5 acre Vegetated Flood Protection Feature (less 0.3 acres to be occupied by the maintenanceroad/view point,turn around, and ramp); 1.4 acre CP wetland;the combined 4 acre EPA and 0.6 Acre AP wetland(plus the:area between them)for.a total wetland restoration area of 5:1•acress: The proposed PIMP also includes 100' foot wide wetland buffer area located between the EPA wetland.and the proposed residential development area and parks.(approximately acres ofwetland buffer area);and-revegetation within the buffer area. See exhibit 6 for a map..of the.proposed restoration plan. Of the entire Open Space. Conservation area.; only the 06ace.PaSSiVO:park is not included in.the Habitat Management Plan (HMP). The passive park(described in tbe section on public•access)is specifically identified in.the • • 5'Thd areas of the CP and EPA.Wetlands will'be hicreased by 1.3 acres and 0:5-acres:respe.ctively in the revised I-IMP required by 8pecial.Conditions No..2 consistent With the Commission approved Consent Cease and Desist Order cCC- 12,CD-11)and Consent Restoration Order OCC41-R04 Q. Document Number: 201M0383684 Page:.80 of 184 1290 5-11-06.8 (Shea Homes/Parkside) • Adopted Findings- • • LUPA for the subject site as.a pOtentially.alloWablettse-within the nOrtherit eilealyptuS grove ESHA buffer area. • The north arid South.eucalyptus ESHAs are proposed.to remain as is: The northwest Corner of site,which.iS inuriediately west of the:northern eucalyptus.ESIIA is proposed to be revegetated with • native.grassland plants(2,1 acres). The area between..the northern eucalyptus ESHA andthe passive park is also proposed to be revegetated:with native grassland plants(1 acre). The area west of the.proposed EPA/AP.wetland (which includes the restored EPA wetland,area,the. restored.AP.Wetland:area and the restored wetland area between the two);south of'the northern eucalyptus ESHA and native.grassland,revegetation is proposed to be revegetated with coastal sage. scrub plants(3.acres) The VFPF is also proposed.to be vegetated with coastal sage scrub plants ( :2 acres). The restored EPA/AP wetland complex is proposed tobe 5.1.acres. East of the EPA wetland complex,the.100'foot wetland buffer area is proposed to be revegetated with native grassland plants(2 4 apres).. And the area west of the EPA wetland complex is proposed to be - revegetated with coastal sage scrub plants.(3 acres). The.area.north of the:1.4 acre restored CP. wetland is proposed to be revegetated with coastal sage scrub plants(3 acres). The north and south eucalyptus ESHAs are proposed to.be fenced during project grading,including' grading for habitat restoration. Proposed fencing will coincide with the westernmost extent of grading. 'In addition,as prOposed,tio grading will occur within 500 feet of any.active nest during the breeding season 1.5 to Aug.3.1). If active nests are discovered,additional fencing will be placed,in addition to keeping grading activities at least 500 feet from the nests, The project as proposed will be monitored during all construction activities by an On-site biologist. a) Eucalyptus ESHAs The proposed'HNIP provides methods intended to protect existing perching;roosting,and nesting opportunities for birds of prey in the Bolsa.Chica area arid to enhance the long term viability of the eucalyptus ESHAs, Specific measures proposed include: trash removal,removal of non-native Shrubs(including myoporurn and castor bean);protective fending along the entireperimeter of the . restored habitat area(except where it adjoins the restored habitat of the Brightwater development at the westernmost point);trimming of existing trees to treat.disease;replacement of dead trees in northern grove;dead trees lathe southern grove may be removed but only with Commission approval,but may or may net be replaced due.to unfavorable conditions(increasing salinity and drought stress),and temporary irrigation as needed for replacement trees, Grading is proposed along the eastern edge of the northern grove in connection with the creation of the passive park and restoration.Of the EPA wetland,but will not occur within the grove itself. On-going,twice.yearly trash and debris removal is proposed within the eucalyptus ESHAs in perpetuity. Unless otherwise directed by the project biologist,all dead limbs are to be left in place. The eucalyptus ESHAs are proposed to.be monitored yearly each spring and qualitatively surveyed. Based on the surveys; recommendations for the following year will be made. b) Wetland Creation,Restoration,&Enhancement Plan • 65 Document Number: 201500.0383684 Page: 81 of 184 1291 5-11-008(Shea Homes/Parkside) • Adopted Findings The proposed project includes restoration of the wetland areas known as the EPA/AP(5;1 acre)and CP(0.4 acre restoration and 1 acre enhancement)wetlands. The 1-IMP proposes to create/restore at least.4aeres;of seasonal wetland in the area known as EPA wetlarid. This is proposed adjacent to an existing 0.63 acre area of rudera(weedy)seasonal wetland(agricultural pond/AP). The area between,the.4 acre and 0.63 acre wetland restoration is also proposed to be converted to wetland habitat This will bring the total wetland restoration/creation amount in this areauplo 51 acres.: This combined area is referred to as.the EPA wetland area6. • EPA Wetland To supplement natural rainfall and runoff,the water source prOposed to support the EPA wetland will derive from the.proposed On-Site NTS. Water will be diverted from the.NTS into the created EPA depression during the late fall and winter months of each year. The depression is designed to contain shallow water at a depth of approximately 1 foot in the deepest part of the depreSSion. A standpipe and drain,concealed with cobble,at the deepest part of the basin will allow drainage of the standing water in the late Sp/inV-0 abate any mosquito problems:that may arise as the Weather warms. The amount and timing Of Water additions and draining are proposed to be flexible to.allow for optimum habitat conditions and adaptivernanagement, While the water supply to this area will be freshwater,brackiSh marsh vegetation is proposed to be the primary vegetation type utilized. The hydrological design IS intended to Silt-Mate the historic shallow closed basin that contained standing water in wet years. The applicant's primary goal in this area is to create foraging habitat for wading birds;shorebirds and ducks during the winter, A secondary'goai is to provide vegetative habitat for nesting birds such as Belding's savannah sparrow. Pilling the basin in the late fall with water from the NTS to a maximum depth of approximately 1 foot is intended to result in gradually decreasing depths to the edge of the wetland where ntudflat and eznergent vegetation will occur. As proposed;it is possible that as much as 40%of the EPA wetland may be composed abate ground(dttring non-rainy season)/open water(during rainy season). The EPA wetland restoration/enhancement area will be'graded to achieve the.desired contours conducive to the habitat creation described above. The contours will be lowest in the northeastern area(approxiinately 0 foot contour,MSL NAVD 88),gradually-becoming shallower moving to the southwest(approximately 09 foot contour;MSL NAVD 88),with six hummocks of varying steepness(15:1 to 21:1 slopes)and heights(1.2 te 0.8 foot MSL NAVD 88) interspersed throughout. The EPA wetland area will be surrounded on the east by a 100 foot buffer of varying slopes that rise from approximately the 0.0 foot contour elevation(MSL NAVD 88)to a maximum of 7 foot contour elevation(MSL NAVD 88)where the Open space area meets the development area, (including the active park,public roadway,and public trails adjacent to residential lots). A trail fence is proposed along the edge of the buffer area/development area interface. The eastern buffer area is proposed to be vegetated with native grassland plants. The Bolsa Chiba mesa bluff rises to 6 Ibid Document Number: 201.5%0383684 Page: 82 of 184 1292 • 5-11-068:(Shea Hornes/ParOda) Adopted Findings. • the west of the EPA•wetland area. In this portion of the buffer area,west of the EPA,coastal sage scrub revegetation is proposed, In addition,the southern end of the northern eucalyptus ESHA is present in the EPA buffer area,and to the southwest,.partially within the buffer,the VFPF proposed,. ii. CP Wetland The CP wetland is proposed.to be enhanced.by installation of native high-salt marsh species.. Existing southern tarplantin the area will be pretected. Non-native plants will be removed. A wide. • range of plant species are Proposed to be planted in order to account for varying conditions., It is not expected.that all.ofthe species,will thrive or even persist on site. But the range of species.will determine Which are most suitable forthe.Site: Removal.ofttash and debris,is also proposed. The enhancement is intended to:pro/id&greater biodiversity•within the area and to provide improved. habitat formative salt marsh species. Grading inthe.04-acre OP restoration area'is proposed in'the southeast portion'of the area: The restoration area will be graded to the approximately 1 foot contour elevation(MSL.NAVD•8.8).No. water diversioninto the CP wetland is proposed: Areas that have.become Overly compacted. through repeated use(roads,trails,construction,etc.)will be ripped in order to facilitate the. expansion of the existing plant community,except where dense populations of the rare southern tarplant are present. - . • It is proposed that the CP wetland continue.to receive natural rainfall and surface water runoff as.its water source,.as well as to continue to be supplemented by groundwater to the extent that that occurs now. However construction of the proposed NT.S.will include a point of connect front the • NTS to the:CP wetland,which could then supply an auxiliary water supply if deemed appreptiate. In addition,the NTS itself may supplement the groundwater,especially in'the area of the.nearby-CP restoration area. The CP wetland enhancement is proposed in the area where unpermitted fill is believed to have Occurred sometime in.the 198.0s. The area of the CP wetland that was not subject to unpermitted fill is.proposed to.remain as is. iii.Monitoring&Maintenance • • Interim monitoring and maintenance as well as final.ntonitoring are proposed in order to assure that final performance goals are reached. Long tentroaintenance of the restored and created wetlands is proposed to be the responsibility of the ITOA once the final performance criteria are met. Long term maintenance is proposed to include trash and debris removal,weed control,and adaptive management of the water supply to maintain desired habitat conditions. Every 5 years the Will be responsible for hiring a qualified biologist to conduct a qualitative analysis of the wetland sites.and submit the report to the.CCC. Tithe wetland sites are found to not meet the final 7.This 0.4.acre area proposed for CP wetland restoration will be inereased in the revised 1-IMP consistent.with the* Consent Orders approveclby the ConanissiOn et.tbe September 201 .1iearin ,As required by'Special Condition No.2. 67 Document Number: 2015000383684 Page:. 83 of 184 1293 5-11-068 (Shea Hornes/Parkside) • • Adopted Findings performance standards for native vegetation,remedial measures(developed'in consultation with CCC staff and approved by the ED)are required. c) Native Grassland Sc Coastal.Sage Scrub Revegetation The B:NIP proposes'grading,site preparation;weed abatement,plant installation,Monitoring,and maintenance for the:restoration of a:total of 12.7 acres consisting of 6,5 acreS.of native grassland and 6.2 acres Coastal Sage Scrub(C$S); The final coastal sage.scrub acreage will reflect the recisions to the.Mg)required by Special Condition No.1 The area nearest the proposed residential development is proposed to be revegetated with a native grassland palette that meets the fuel modification requirements of the City of Huntington Beach Fire Department(see Exhibit 14), The area northwest of the northern eucalyptus ES1-1A,outside the fuel modification area;is also proposed to be planted with a native grassland palette because the topography and soil within this area are more suitable to support grassland species than shrub species. This-ared iS eitpt eted to support a greater diversity'and density'of species than the,other two grassland re-vegetation areas. Grassland will also be more favorable for raptor foraging The .VFPF0 the wetland buffer area west and south of the EPA wetland,and the area nearest the:CP wetland.(not including the southern eucalyptus ESHA)are proposed.to be revegetated with native coastal sage scrub plant palettes.. i. Grassland The grassland plant palette is not:modeled after any specific native grassland area,as there are no 'pristine native grasslands left in coastal Orange County;but'is proposed to include plants:common to Orange County grasslands,with limited cover by native shrubs and succulents common to grassland habitats within coastal Orange County. The species selection is based on the plan preparers'knowledge of the ecology of the.area. Because the existing vegetation.is Predominantly ruderal and agrictilturali it is not the objective of the revegetation to restore habitat to precoristruction conditiciiat,nor to duplicate a specific natural.plant community. Rather the goal of the.grassland revegetation is for the area to function as a buffer between the proposed residential development and the adjacent open spade while also providing improved habitat value for local, wildlife. • Grading in the grassland reyegetation area is proposed in conjunction with construction of the EPA wetland and buffer. Grading will'else,aid it removal of the,seed bank of nonnative species. Areas, not proposed for grading will be weed-whipped to remove existing vegetation. Areas of • overcompaction(roads,trails)will be ripped to facilitate growth of revegetation species. The area will also be evaluated by the applicant's restoration ecologist for the need for a"grew/kill program to reduce nonnative annual grasses and forbs prior to planting, Trash and debris removal is also. proposed. In addition,temporary, above grade irrigation is proposed. ii. Coastal Sage Scrub • • • Document Number: 2015%0383684 Page:. 84 of 184 1294 • 5-11-068-(Shea HOMea/Parkaide). Adopted Findings Coastal Sage'Scrub(CSS)revegetation is'proposed to provide greater biodiversity within,the. proposed Mamas and to provide enhanced foraging:habitat for raptors and Other native species on site, Currently these areas are vegetated in rudetal„nonnative species. Depending on factors such as slope,aspect,hydrology,.and soil type,*the proposed habitat may trend toward a more dense CSS shrub.Cotrundnity,while in other areas the'habitat may trend toward a more open CSS ecotone. • • Portions of the proposed CSS areas will be graded for construction of the VFW and the EPA wetland and buffer. Grading will also aid in removal of'the seedbank of nonnative.species, Areas. of OverCoinpaction(roadS„traila)will beriPped to facilitate establishment'and"growth of revegetation species, Areas containing dense population of'southern tarplant within the.CP area will not be ripped,. Topsoil will be collected prior to ripping.from those CP areas containing sparse populations ofsouthern*Plant and-distributed in openings within the CSS revegetation areas followingripping, Removal oftrash and debris is also proposed. The:area will also be evaluated by the applicatit'S.reStoration:ecolOgiSt for the needfot a"grow/kill program to reduce.nonnative annual grasses and forbs prior to planting. Temporary,above grade irrigation'is proposed. Monitoring of the CSS revegetation area iS proposed over the life of the 5-year establishment. period.. Monitoring inelude site visits,surveys,and documentation. Monitoring Will continue until the performance standards are met. Annual reports will be generated baSed on the monitoring. The proposed monitoring and maintenance program includes interim performance goals and final mainteriancemOnitoring requirements,and final Sp ems criteria. Once the.finalsuCeeSs criteria have been met.the 110A would be the responsible party for lOrig. term maintenance ofthe rev:egetated areas. General long-term maintenance is proposed to Consist of trash and debris removal,and weed eradication and management. In addition,every five years. the.110A will be required to hire a qualified biologist to conduct a qualitative analysis of the. revegetation site and if it:does not Meet the'final performance standards,:remedial measures will be developed arid implemented in consultation with:the Executive Director of the Coastal COrignission,. d) Natural Treatment SyStem (NTS). A Natural'Treatment System is proposed within the area land use designated and zoned conservation. Specifically regarding-the subject site,the certified LCP identifies an NTS system as • a potentially allowable use within the southern eucalyptus ESI-4.A.buffer as follows: "Uses allowed within the ESHA buffer are limited to:' 5.)within the southerngrove.ESHA InOr only-a water quality Natural Treatment System may.be allowed so long as it is located in an area that is most protective.of coastal resources and at least 246 feet from the ESH4". The proposedNTS location meets the distance requirement from the ESHA. As:proposed the NTS is.more than 300 feet from the closest portion of southern.eucalyptus ESEIA. Moreover,in.approving the LUPA for the subject site the Commission found: "An NTS within:the [southern eucalyptus] ESHA buffer,subject to the setback desctibedabove, would be acceptable because it would occupy only a-very small portion of the overall buffer.area. Furthermore, the NTS itselfwill provide some habitatvalue. The • shallow water habitat will increase. the'variety of habitats within the buffer area: For these reasons, allowing cm.NTS type system within the outer ESHA buffer as shown on Attachment.C, 69 Document Number: 2015000383684 Paoo:. 85.of 184 1295 • 511.1-068 (Shea Homes/Parkside) Adopted Findings exhibits 1 and 2*i.vould not be expected to'degrade the EPA drictwould be compatible with its continuance. The proposed 1,6 acre:Natural Treatment(NTS)will treat drainage from the Slater'Forebay(located on the.opposite side Of the.CO5 Channel from the subject site),which will collect storm water and urban runoff from theproposed.ParkSide development and watershed areas tributary to the Slater Channel, The NTS will consist of two forebays and two larger water treatment basins. As part of the normal operation of the NTS,water from the•Slater.Forebay will be pumped through a"CDS" type hydrodynamie separator for removal of trash and.sediment and thenintothe NTS Forebays for further desiltation,and Will eventually floW into the larger basins. From these basins,water will be directed to flow into the EPA wetland or the CP wetland as needed,or into the CO Channel,. The goal of the Natural Treatment System is to create perennial marsh habitat at the NTS site that will be.similar to nearby:existing Wetland habitat and fiinetion effectively hi water treatment. The marsh habitat will also provide some habitat for animal species'on site. The perennial marsh habitat proposed at the NTS site Will be planted with native plant species common to native perennial marsh habitats typically found in Orange Cottnty, The objective is not to restore habitat to preebilstinetion denditions,because the current vegetation is predominantly ruderal and agricultural species. The plant selection is also based on the plan preparers' knowledge of the ecology of the area and the functional requirements of th,e NTS. The'two larger treatment basins areto be planted with emergent wetland vegetation In the area ringing:the open'water area of the basin. The back slope arid forebay slopes'of the:treatment'basins' earthen berms are to be planted with saltgrass and.pickleweed. Planting is proposed via the hydroseed method. • PrOposed NTS trading Will consist Mostly'of creation of the.'earthen bents'to create the two.smaller settling basins and the two larger forebays. Grading will also aid in removal of the seed bank.of nonnative species. Removal of trash and debris is also proposed, The area will also be evaluated by the restoration ecologistfor the need'for a"grow/kill program to reduce nonnative annual grasses and,forbs prior to planting. Temporary,above grade irrigation is proposed. _• A constant source'of water is proposed to be supplied to the NTS from the Slater Forebay,and the. NTS is designed to operateat a relatively constant water level. As proposed,the quantity'of water passing through the system.may be adjusted to affect residence limp,but this is not expected to affect the habitat, Thus,constant soil saturation along the edge of the open water is expected to support aquatic plant species:. The deep portions of the basins are designed to be too deep to support plants,thereby providing open water habitat. The tops of the berms are expected to contain sufficient water from wicking,which when combined with evaporation.from these soils:will create saline conditions that will support typical brackish.maishspecie& The propoSed monitoring program requires site inspections;surveys in the spring of each year, preparation of field memorandums,preparation of annual monitoring reports,and assessment of performance goals. Filial monitoring,no sooner than 3 years following the end of all remediation activities and.no*later than 7 years following installation;is Also proposed. lithe final report Document Number: 20151:6383684 Page: 86 of 184 1296 • 5-11-068 Pea Flomes/Pariside), Adopted Findings • • indicates that the revegetation has been unsuccessful based on the approved performance standards; remedial measures are required: Remedial measures are proposed to be developed in consultation With the CommiSsion staff and approved by the Executive Director prior to implementation, The annual monitoring report.will be.submitted prior to Septernbet.1 of each year to the Executive DireetOr Of the Commission. The.Nrs:is proposed to be constructed by the applicant and dedicated In fee to the.City of Huntington Beach. OneetheNTS has achieved'final perforniariee eriteria to the satisfaction of the. Executive Director of the Commission,the.City will be responsible for long term maintenance of the-NTS site. Long term maintenance is proposed.to include trash,and sediment removal and control,of invasive woody species. .e) IIMP Public ACCeSS PUblie parks and a public trail system are proposed as'part of the overall development project. Some of the trails.and.park area are proposed adjacent to open space conservation habitat Areas. An. exclusionary fence will.separate the developed(parks,,trails,road,residential)areas from the • protected conservation open space.and the NTS. AboVe grade the fence is proposed to be 3t/2 feet of wire mesh x 4".openings),topped with 3 rows(totaling 1 foot in height)of cable: The tenee will begin along the northerly property:line,.south of the informal public trail within proposed Lot. CC and traverse along the western edge of the.passive park tO the EPA-Wetland buffer. The fence Will thenfollow the easterly edge of the EPA wetland.buffer to the edge of the NTS. The NTS,the VFPF north of the Vista Point,and the CP wetland area will also be kneed tokeep the public and domestic animals out of the resource Areas. The public access areas have been described in greater detail earlier: f) Wildlife Protection and Domestic Animal Control Plan The proposed 11MP includes a Wildlife Protection and Domestic-Animal Control Plan. The proposed residential development associated'with the proposed project has the potential to introduce a higher number of dogs and cats into the restored habitats,wetlands,.the nearby eCological reserve, and Other surrounding'open spaces. Domestic cats particularly have been.shoWn.to have a detrimental effect.on bird.pOpulatiOnS,in natural areas adjacent toresidential developments, especially birds thattest on or near the ground. Several endangered and sensitive SpeCies,suCh as. Belding's savannah sparrow and western snowy plover,nest on or near the.ground within the nearby reserve.and surrounding open space. Unleashed dogs can also cause disturbance to nesting and foraging:birds. • To Address these issues,the Wildlife Protection and Domestic Animal Control Plan proposes the. following measures: providing wildlife information to each resident including descriptions of the threatened and endangered-Wildlife that inhabits the surrounding open space;keeping pets indoors or in fenced yards to contain them and keeping them out of the habitat areas,directing lights to .avoid"light spill"into the habitat areas,maintaining fencing adjacent to.open space habitats in tact; prohibiting the use of rodenticides within and around the conservation/open space areas; and feral. eat removal.program(pets should.be tagged to avoid removal). These restrictions are proposed..to 71 Document Number: 2015000383684 Ppgp.:,87 of 184 • 1 1297 5-11-068 (6he0 Hornes/Parkaide) Adopted Findings be placed in the project CC&Rs and will be enforced by the HQA, These restrictions will also be contained in a resident education pamphlet distributed to all new residents via a brochure upon purChase oftesidential property,and reminder's will also be"distributed at least annually via the HOA newsletter or Similar COmmutiitatiOn. g) Habitat Management Plan Area- Ownership The proposed HMP will cover area proposed to become Lots Z,AA,BB,,CC(proposed Lots BB and CC are required to be combined as a special condition of this permit)of TN:15377 and Lot A of TTM 15419. In addition,the IIMP will cover proposed Lots X(Natural Treatment System)and proposed Lot (Vegetated FlOod Protection Feature). Lots Z,AA,BB, CC of TTM 15377 and-Lot A of TTM 1.5419 are propdsed to be dedicated in fee to the HOA created as part of this projects Subject to approval of an amendment to this permit pra new coastal development permit,the habitat lots to be dedicated in fee to the HOA may be transferred to a public agency(ies)Or non- profit entity(ieS)acceptable to the Executive Director. Lot X is proposed to be dedicated in fee to the City of Huntington Beach. Lot Y is proposed to be dedicated'to:the Orange. 4. }IMP Special conditions Overall,the HMP must be implemented as proposed with a few exceptions, On page 447 and page 6-11;there is a statement that allows remedial measures,as needed,to be developed in consultation with CCC staff and approved by the Executive Director of the Coastal Commission. However, changes to remediate the portions of the Habitat Management Plan that tO Ont to be unsuccessful must be subject to a greater degree of review than is proposed. In order to assure in-depth review of any remediation measures and consistency with the intent of the approved HMP as well as with the ESHA and wetland protection policies of the certified LCP, remediation changes muSt be reviewed.as an amendment to this coastal development pennit,unless the Executive.Director determines that none is legally requited. In addition,the proposed HMP does not require that all quantitative sampling be based on spatially stratified,randomly placed sampling units Without employing this method of sampling,the resultant data is not as accurate or useful: Thus,the HMP must be revised to require that all quantitative sampling be based on spatially stratified,randomly placed sairipling units. In Appendix A(Maintenance and Monitoring Schedule),the"long-term Maintenance plan"is used, however,:everywhere else in the HMP the term used is!'long-term management plan". In Order to be clear and consistent,the term."management"shoUld also be'used in Appendix A(Maintenance and Monitoring Schedule)to avoid confusion and assure that HMP is implemented as intended. In September 2012,the Commission issued Consent.Cease and Desist Order'CCC-12-CD-10 and Consent Restoration Order CCC-124Z0-10 as proposed by staff to resolve Coastal Act violations that occurred on the project site consisting of fill of the wetland known as'the EPA wetland and fill of a portion of the wetland know as the CP wetland, as well as adjacent areas. Under the terms of the Consent Orders, Shea Homes has agreed to resolve Coastal Act violations by,amongst other Document Numlier: 2015%0383684 Page: 88 of 184 1298 5-1.1 4)68..(Shea Homes/Parkside) Adopted Findings things,restoring the areas.subject to..theunpermitted development. The proposed.HM.P.is required by Special Condition No.2 to be revised to reflect the.changes required by he Consent Orders including the increase in.areas dedicated to Wetland ereationirestoration, And fin:ally,although it has nothing,to do with,the proposed habitat restoration,a gate is shown across the top to the VFPPNista Point trail, As described earlier,this gate would interfere with established informal public access.andso must be eliminated. The gate is:shown on various exhibits/figures in the HMP,consequently those exliibits/figures mug be replaced with ones that do not include the problematic gate As.described in the public.access section of this report, a special condition is imposed requiring that the all reference to the gate be eliminated from theproposed. project However,other than the details described above;the HMP is consistent with the policies of the certified LCP.regarding.proteetion of ESHA and protection of wetlands.It is important to assure that the Habitat Management Plan is implemented as conditioned,. Therefore,the Commission imposes Special Condition No.2 requiring that the Habitat Management Plan be implemented as proposed with the exceptions described 6(746: Only as conditioned can the prOposed project be found to.be consistentwiththe City's certified LCP. • G. Cultural Resources The City's certified.LCP includes.the following policies:. C • Promote the preservation Of significant archaeological and paleontological resources in.the Coastal Zone. • C 5..1 Identify and protect,to the maximum extent feasible,significant archaeological,paleontological and historic resources in the Coastal&he. C 5.1.2 Where new development, would adversely impact archaeological or paleontological resources within the Coastal Zone,reasonable mitigation measures.to minimize,impacts shallbe required. • • . . In:addition, Policies C and C 5.1.5 require coordination.with the County Coroner, the Native • American Heritage Commission, and the Most Likely'DeSeendant, Also, Policy C 5,1:4 requires that Archeological,research design for development proposed within area containing archaeological resources. Additionally,the certified Land Use Plan, Table.C-2.(Community District and Subarea Schedule), subarea 4-K for the Parkside Estates, area contains the following Design and Development Standards and Principles,which include requirements,aimed at protecting archaeological resources: A development plan for this area shall concentrate and cluster residential units in the eastern portion.of the site and include, consistent with the land use designations and Coastal . Element policies, the following required information (all required information' must be • Document Number: 2015680383684 Page:.89 of 184 1299 , . • 5-11-068.(Shea:Homes/Parkside) • Adopted Findings prepared or updated no more than one year prior to submittal of a coastal development permit application): . . 3..Archaeological Research Design consistent with Policies Li,C5. 5.L.2 C5,1.3:, .C.5.1.4, and C5.1.5 of this coastal Element. The Iluntineton Beach 1.4CP Imiilementatich Plan:thr the Parkside Estates area.contaips the following development standard m Chapter 230,..Sito.,Standards,to carry out the protection of archae.olOgie41,resoitices!. , • Section•230.82.E Archadologial/Culiv.al Resources.within the coastal zone, applicatiOnslOr grading or.any other development that has the potential to•ict-SignifleantarehaeOlogicalkultUral resources shall be preceded by a coastal develOpment permit application for implementation of an Archaeological Research Design(ARD) This is required when the project site contains a mapped archaeological site, when the potential for the presence of archaeological/cultural resources:is revealed-through-the CEQA proces4; and/or when atichaeolOgicallcultural resources are•otherwise known or reasonably suspected to.be present. A coastal development permit isrequiredto implement.an ARD'when..yuch implementation involves development.(e,g. trenching, test pits, etc): No development; including grading may proceed at the-site until the ARD-as reflected in an.approved coastal development permit is fully implemented Subsequent development at the site shall be subject to apprbv.atof a coastal development permit and shall be guided by the results of the approved AED., • Archaeological Research Pesign(ARD The ARDshall be designed and carried out with the goal of determining the full,.e.xtent Of the on-site archaeological/cultural resources and shall include, but not be limited to,-postulation of a site theory regarding the archaeological and cultural history and pre-history of the.site; investigation methods to be implemented in order to locate and identi fij.all archaeological/cultural resources on site(including but not limited to.trenching and test pits), and a recognition that alternative investigation methods and mitigation may become necessary should resources be revealed that indicate devicitionfrom the initially espoused site theory. The ARD shall include ablitigation Plan based oh comprehensive consideration of ti full range Of mitigation options based upon the archaeological/cultural resources discovered on site as a result of the investigation: The approved ARP.shall be fully implemented prior.to submittal of coastal development permit application.for subsequent grading or other development of the site. The ARD shall also include recommendations for subsequent construction phase monitoring and mitigation. should additional archaeological/cultural resources be discovered . The ARD shall be prepared in accordance with current professional practice, in consultation with appropriate Native.American groups as identified by the Native American Heritage Commission(NAI-I.C)).NAliC, and the State Historic Preservation Officer, subject to peer review, approval.by the City of Huntington Beach, and, tithe application IS appealed; approval by the Coastal Commission. The peer reWei4,committee shall be Document Number: 2015%0383.884 Page.:.90 of 184 • 1300 • • 5-11-068 (Shea:Horhas/Parkside) Adopted Findings .• convened inaccordance with current professional practice and shall be Comprised of qualified archaeologists. Mitigation:Plait The ARD shall include appropriate mitigation Measures.,to ensure that trryliaeolOgidalloidtural resources will not be adversely impacted, These mitigation measures shall be contained within a Mitigation Plan. The Mitigation Ban shall include an analysis of a full range of options from preservation, recovery, and/or relocation to an area that.will be retained in permanent open space The Mitigation.Plan.shall include good faith effort to avbidimP.acts to archaeologiCalkulturalresources through methods such as, but not limited to,proleciredesigt capping, and placing art open space designation over cultural resource:areas: A coastal development permit any subsequent development at the site shall include the submittal of evidence that the approved A.RD, including all mitigation, has been fully iinplemented. The coastal development permit for subsequent development of the site shall include the requirement for a.Manitoring Plan for archaeological and Native American Monitoring during any site grading, utility trenching or any.other:development activity that has the potential*to uncover or otherwise disturb.archaeological/cultural • resources as well as.appropriate mitigation measures for anyadditiOnal resources that are found. The-Monitoring Plan shall specWthat archaeological monitor(s)qualified by the California Office ofigistoric Preservation (01V).standards; and Native American monitor(s)with dOcumented ancestral ties to the area:.appointed.consistent.with the .standards of theNativo American Heritage Commission(NAHC)shall be utilfre.d., The .Vonitoring Planshall include, but not be limited td: 1)pracedUres.for selecting archaeological and Native American monitors;2).monitoring methods;3)procedures that will be followed if additional Or unexpected archaeological/cultural resources are • encountered duringdevelOpinentof the site including but not limited to, temporary cessation of development activities until appropriate mitigation is determined. Furthermore,:the Monitoring Plan shallspec0 that sufficient archaeological and Native American monitors must be provided to assure that all activity that has the potential to uncover or otherwise disturb cultural deposits will be monitored at all times while those. activities are occurring: .The Monitoring Plan hail be On-going until grading activities .have reached sterile soil. The subsequent mitigatiOnplan shalt be prepared in consultation with Native American. .Heritage Commission (NAEC),Native American.tribal group(s) that have ancestral ties.to the area as determined by the ArARC;.and the State Historic Preservation Officer, subject to peer review. •All required plans shall be consistent with the City of Huntington Beach General Plan and Local Coastal Program and in accordance with current professional practice, including but not limited to that of the California Office ofilistoria Preservation and the Native American Heritage Commission, and.shall be subject to the review and approval of the City of Huntington Beach and, if appealed, the Coastal CommisSion. 75 Document Number: 2015000383684 Page: 91 of 184 1301 5-11-06:8...($hea HomesiFarkside) Adopted Findings Thus,the City's certified.LCP*requires that any impacts to significant archaeological resources be. reasonably niitigated. Avoidance Olimpacts•to.archaeologi-c.al'resouiceo is the preferred alternative; which will avoid mitigation requirements. In the past,such as with the adjacent Hearthside Homes Brightwater project site,previous Commissions,beginning inthe early 1980s,. i .approved archaeological research designs(A.RD)with the.goal'being the.comPlete'excavation ofNative American archaeological resources, This was donefor the purpoSe anlyzing the artifacts,and features,as well as human rcmains,in order to. gain knowledge of prehistoric culture and conditions The Native American human remains and.associated grave goods were reburied elsewhere On the project Site,but artifacts and feattires Were sent to museums. This:method Of mitigation also served to allow property owners to subsequently develop the site with residential or other types of development unconstrained by burled cultural resources since they were able to relocate any existing archaeological resources elsewhere on the site, Increasingly,Native Americans,as veil as some archaeolOgists arid environmental groups have found these.mitigation • Practices to be objectionable and have petitioned the ConmitsSionto require ARDs that avoid impacts to archaeological resources by requiring:that archaeological resources remain in place, especially Native American human remains, Known Archaeological Sites.Nearby and Within the Project Site: There are several known.archaeological sites within the vicinity of the project site.including CA- ORA-85 the Eberhard Site,located west of Bolsa Chica Road on the Hearthside Homes Brightwater project site iodated on the upper bench of the:Bolsa Chica mesa,on.the west side of Bolsa Chica Road. • • Perhaps one of the inost significant known archaeological sites in the region is CA-01tA-83,known as the"Cogged Stone Site". The archaeological site,located.on the upper bench of the Bolsa Chica Mesa,is dated at 9,000 years old. ORA-83 is,called the*".Cogged StorieSite"due'to the extensive number of cogged stone and other artifacts recovered. ORA-0 has been twice found by the State Historical Resources Commission to be eligible for listing.in the National Register of Historic Places as well as federally recognized by.a determination of eligible for listing in the National RegistetofHiStOriC.:Places by the Keeper of the Register. In addition to cogged'.stones,.a significant number ofNative American burials were found.within and,adjacent to:the mapped.archaeological site. ORA-83 is considered a prehistoric Native American cemetery by several Native.Arrierican, tribal groups as well as'by the Native American Heritage CoMmission..CAAMA-83 lie primarily On thesoutheastern portion of the 105-acre Brightwater residential project site, Although several archaeological investigations on the upper bench of the Bolsa Chica Mesa took place.prior to the Coastal Act,the predecessor companies to Hearthside Homes received several coastal development . permits,beginning hi the early 1980's,to.conduct archaeological research,salvage and relocation of human remains and_grave related.artifacts that were found. The archaeological research,salvage and reburial took place over the course of approximately U.years with the.final:reburial occurring in spring 2009: Approximately 160 human burials,several animal burials,over 100 significant archaeological features such as house pits,rock pits,and hearth S and tens of thousands of beads, charmstones cogged stones and other artifacts have been found on CA-ORA-83. Although several synopsis'report :have been written concerning the cultural resources.found at'the Brightwater site, • the final'archaeological report is still.pending Document Number: 20156100383684 Page: 92 of 184 1 302 • 5-11-066(Shea Homes/Parkside) Adopted Findings The"Cogged Stone Site"is also known as CA-ORA-83/86/144 to reflect the thinking of some archaeologists that ORA-83 is more than one archaeological site. The applicant's archaeological consultant,LSA.Associates,Inc,,cites another archaeologist's description of CA-ORA-83 (Dillon, 1997)in describing the archaeological site as CA-ORA:83/86/144, On the:Goodell site,, ocated the western property boundary of the subject site,CA-ORA-83 is described by the archaeological consultant,Scientific Resources Surveys;Inc., as 'CA-ORA-144"The Water Tower Site"(a part of CA-ORA-83,"The Cogged Stone Site")'; Regardless of the terminology used to describe the CA- ORA-83 archaeological site,it is thought to be an extensive site, extending onto several adjacent , properties, As previously stated,CA-ORA-83;lies primarily on the Hearthside Homes Brightwater project site, but it also extends onto other adjacent Sites. The archaeological site also extends underneath B.olsa Chica Road and onto Hearthside Homes the"Ridge"project site,the Goodell site located immediately adjacent to the subject Parkside Estates project site,as well as on the subject Parkside Estates project site(See Exhibit 20). Hearthside Homes"Ridge"project site is located immediately northwest of the subject project site in the City of Huntington Beach and is covered by the certified Huntington Beach Local Coastal Program; That site has undergone numerous surface and subsurface archaeological investigations. A hand excavated test pit.dug on that site revealed the presence of a prehistoric house floor and associated artifacts. On August 17 2010 the City of Huntington Beach submitted an;LCP amendment request for the"Ridge"project site proposing to change the.land use designation from Open Space—Parks to Residential Low Density and change the zoning designation from Residential Agriculture—Coastal Zone Overlay(RA—CZ)to Low Density-Coastal Zone Overlay(RL-CZ). The LCP amendment application is still incomplete at this tithe. The Goodell project site is located immediately west of the subject Parkside Estates project site. Unlike the adjacent sites,very little site-specific archaeological investigation has occurred on the Goodell site. The only site specific,subsurface work that has been,conducted on the Goodell site is two hand excavated units dug in 19e. However,on April 16,2010 the Executive Director approved an exemption[5-10-0354C(Goodell)]to carry out archaeological investigation with the use of ground penetrating radar in order to further refine the required archaeological research design (ARD)plan for that site. Other than the placement of stakes to mark grids,no ground disturbance or subsurface excavation or earth movement was permitted. On June 6,2011 the application to carry out a detailed ARD on the Goodell site was completed. Application 5-10-258(Goodell) is scheduled to be heard by the Commission in November 2011. As mapped,a small portion of CA-ORA-83 extends onto the westernmost portion of the project site,on the slope of the upper bench of the Bolsa Chica Mesa. The majority of the western portion of the project site has a land use designation in the certified MR of either Open Space Parks Or Open Space Conservation due to the wetlands and ESHA resources,which allows very limited uses, There are.also Other mapped archaeological,sites on the subject project site. CA-ORA-13.08 and CA-ORA-1309 were previously mapped on the central and eastern portions of the project site Within the area planned for residential development. However,the applicant's archaeological 77 Document Number: 2015000383884 Page: 93 of 184 1303 . •• : . 5,11-068:(Shea.Homes/Farksicie). Adopted Findings consultant,LSA AssOciates Jnø.,contends-that:these sites are not in fact archaeological sites,as _ • explained below, . • Previous Archaeological Investigations on the Project Site Previous archaeological testing has alreadybeen implemented on the projeCt.Site: In 2004,AO and 2010 archaeological testing was.earned out on the Parldide.Estates site regarding CA-ORA- 83/86/1:44,CA.,ORA-008.and CA-ORA-1309, The previous archaeological inVestigations. consisted Of both surface.survey and subsurface te.sting, • As stated above,a.pOrtion of the highly significant archaeological site CA-ORA-83;the"togged Stone Site"extends on the western slope of the project she For tins reason special concern was raised when it was discovered that the required flood protection feature may impact the archaeological site. For the reasons detailed below in Section a 1.gatard of this Staff:report,:and the findings for ay application 5-11411($1:10anomes),.WhIchiS incorporated as if fully set forth herein,the project Site must provide flood hazard mitigation to protect the surrounding neighborhood as well as the subject project Site.. It has been-determined that the only method to • provide the required flood protection to effectively protect against flooding and liquefaction is;to tie a subsurface barrier structure into the competent bluff at the northwest property boundary and the existing East Garden-Grove Wintersburg FloOd Control Channel(EGOWFC0 at the-southWest end of'the site. The certified Land Use Plan requires that new development of the Parkside Estates site be• consistent with the archaeological policies contained elsewhere in Coastal Element that were:not _ modified intonjUnctiOn with the recent LCP action regarding the Parkside Estates.Site..The LUP requires that.adverse impacts to archaeological resources be avoided where feasible and reasonable mitigation for unavoidable impacts be implemented in conjunction with.futatc site development. Further,the Parkside Estates Implementation Plan amendment requires that an archaeological. research design(ARD):be carried out for the subject site prior to review and approval of the application for the future development of the site .An ARD is.required when there is a mapped archaeological site on a project site or the site is otherwise known or expected to contain archaeological resources. The ARD provides information,based on subsurface investigation among other things, on the location and extent of any intact Midden,.significant.archaeological features, artifacts or human remains and allows the subsequent development proposal for the site to be. designed in a manner that is moStprotective of any existing archaeological resources. In this case,the project site has been subject to previous archaeological investigation and subsurface testing as outlined ahove. Previous archaeological investigations have determined that the potential for the presence of archaeological resources is located within the pottlon of the Site that has been . designated and zoned for open space-conservation use. Normally,the open space-conservation land • • use and zoning would not allow the type of development that would impact buried archaeological resources. Therefore,there is no need to carry out subsurface investigations in the form of typical ARD in an area that will not be developed since the investigations all involve potential adverse 7pk. Document Number: 2015II00383684 Page:.94 of 184 1304 6-1:1-06i3.(Shea Hornes/Parkside) Adopted Findings impacts to.any existingresources,.to some extent or the other. The applicant initially.applieci. carry out a proposed AR])as required by thet,C1". All likely feasible geotechnically sound alternatives for the required structure would impact the mapped archaeological site since it has to tie into the bluff and the archaeological site is located at the edge of the bluff, However,staff objected to the proposed A.170)due to the avoidable significant impacts to any intact.midden and/or features that maybe present on site and did not have as a goal the avoidance of impacts to any archaeological resources that may be present on the site. Instead the applicant applied to carry out a combined geotechnical and.archaeological investigation Since the trais designated and zoned as open space and the only development that would be allowed in the archaeological site is a subsurface flood protection device. On February.9,-2011 the Commission approved the applicant's request to conduct a geotechnical investigation,co-directed by a.geoarchaeologist and an archaeologist,in order to determine the feasible alignment for the future subsurface flood protection feature(which is vegetated above , ground)while minimizing impacts to the Mapped archaeological site since it determined that the only effective aligninent would have to tie into the bluff containing a portionof CA4)izA-85. The approval was subject to special conditions requiring: (1)the submittal of grading plans that are substantial conformance withlhe proposed project description,(2)conformance with the proposed construction-staging Plan,in order to.avoid impacts to the adjacent ESHA and wetland areas and minimize impacts to the ESHA and wetland buffers;.(s)that the apPliCant carry out the proposed geotechnical investigatiOnin a manner that is most protective of the mapped archaeological site,as proposed in the January 17,..20I1 project description,as revised January 21,201.1.and a procedure to resolve any disputes in the field regarding the discovery of and/or the significance of archaeological resources-arising:among the soils engineer, geo-archaeologist,archaeologist and/or the Native American (4)and to prepare a report at the conclusion of the investigation detailing the findings of the investigation regarding the discovery of intact midden or significant archaeological resources and_including the recommended route of the VFPF; (5)that the Southern tar plant and seed bank within.the work area be removed prior to grading and reserved within the fenced work area until it can be replanted.in a permanent open space area in conjunction With the pending•Parktide Estates development or a subsequent coastal permit application; (6)the prohibition of grading or mechanical.augering within 500 feet of an occupied'raptor nest:during the. nesting season(February 15 through August .1);and the implementation.of grading or mechanical angering within 500 feet of an occupied raptor nest during the nesting season-(February 15 through August 31.);.and the implementation of grading or mechanical angering within 500 feet of an occupied raptorneSt during the nesting season(February 15 through.August-31); (7)and the. implementatiOn oloonstruction best managemempraetices and good housekeeping practices to prevent impacts to the adjacentrnarine resources. The applicant carried out the approved geotechnical/archaeological investigation in February 22-24, and 28 and March 1-2 and 29,2011..The initially approved trench Was.SubseqUently.allowed by the Executive Director to be extended by 40 additional feet'in length'because the applicant encountered unexpected fili.material on' e bluff instead of competent soils. According to the required investigation monitoring report,dated April 27,2011,during the implementation of the approved investigation a probable significant archaeological feature was encountered(a house pit). However, impacts to the.feature.were avoided and a geoteclinioally feasible alignment was determined for the 79 Document Number: 2015000383884 Page: 95 of 184 1 305 • • • 5-11-068 (5.hea Homes/Parkside). Adopted Findings required VFPF. According to the monitoring.report'six bone fragments were also found in disturbed fill material,not in intact midden soils. 'However,the excavated fill material was left at the side of the trench where the fragments were found to allow for screening in the event the fragments were.determined to be human,and if the MLD wanted the material to be screened. The bone fragments were ininlecliately turned over to the Orange County Coroner who determined them to be non-human. One of the Native Atherican representatives present during the.investigation requested that the fragments be.analyzed to determine What animal they tepresented.. The applicant arranged.for this testing to be done. Subsequently,on June 21,2011 during backfillingof the extended trench,thirty-six additional bone.fragments were found within the fill material that had been excavated from the trench p The Work was performed by hand shoveling;in the preSence of the project archaeologist and.the Gabriel*Native American monitor. According:to the project archaeologist,the Coroner was.called but declined to inspect the additional fragments The Coroner's office iristead-suggested that the additional fragments be.sent to.Dr.Thomas Wake, Director of the.ZooarChaeology Laboratory at UCLA,the same place that.had analyzed the previous Six bone fragments.. Dr. Wake also determined these-fragment§tO.be frorrilargeManutials,- specifiCally,even-toed ungulates such as deer,sheep,pigs,,etc: An unexpected procedure occurred in the implementation of the approved geotechnical/archaaelogical investigation. According to the required follow up report,the applicant followed the applicable State law requiring notification of the County Coroner upon the discovery of Nine fragments in order to.determine if they were human.- floweVer;the bone fragments were removed from the site by the applicant and.taken to the Coroner for this determination. As it turns out,the bone fragments were(1)net hUman and(2)not found in intact midden soils so there was no adverse impact associated with this action, flOWever,in cases where the bone fragments are human and/Or found in intact midden soils,premature removal of bone fragments could result in unnecessary adverse impacts. Because the goal of any.archaeological investigation is to minimize impacts to significant archaeological resources and avoidthe.complete exposure(and removal of)of buried human remains,the Coroner should be called to thesite,and the minimum amount.of a.bone fragment should be exposed,to allow the.Coroner to carry out required analysis.. Special Condition 8,Protection of Potential Archaeological Resources During Grading,requires that maximum efforts . be taken to minimize impacts to human remains and.grave-related artifacts,traditional cultural sites, religious or spiritual'sites,or other artifacts. The requirements of Special Condition 8 are explained below, • The Commission finds that the portion of CA-ORA-83 located on the subject site will be protected from impacts from grading and development associated with the proposed project because(1)the applicant has tarried out.a geotechnical/arehaeological investigation that has determined a geotechnically sound alignment that will not impact any intact midden:or archaeological resources, (2)the Commission imposes Special Condition 8,Protection of Potential Archaeological Resources - During Grading,to deal'with any unexpected discovery of arcbaeologicg resources. CA-ORA4 5.08 and CA-ORA-1309. There are also other mapped archaeological sites on the'subject project•site. CA-ORA-1308.and. CA-ORA-1309 were previously mapped on the-easternand central'portions of the project site. • • Doom-tent Number: 20158B0383684 Page: 96 of 184 1306 . . 5-11-068 (Shea HomeaRarkside) Adopted Findings However,the applicant's archaeological consultant,LSA Associates,Inc.,contends that those sites are not in fact archaeological Sites. LSA explains that the*technical boreholes and trench evidence indicates that the sparse shell identified by initial archaeological surveys as possible archaeological sites is naturally occurring or imported shell spread across:the project area by repeated disking. The shell was initially introduced onto the site by either as dredge material from the adjacent East Garden Orove-FWintersburg Flood-Control Channel.used to conatruCt the Graham. Street ramp,fill from the former equestrian facility that was located near the levee;or through excavation for storm drain or agricultural water lines where naturally existing shell as a remnant of prehistoric Boise Bay was dug up and subsequently spread across the site through agricultural disking. LSA explains in their letter dated April 27,2011,"Response to Questions Regarding the Potential for Cultural Resources Outside of Archaeological Site CA-ORA-83/86/144 on the Shea Homes'Parkside Estates Property,Huntington Beaoh, California": When CA-ORA-1308 and CA4)RA-1309 were first-recorded in 1991,they Were described as light-density shell scatters situated on the eastern edge of an agricultural field.The recorders remarked that with the exception of one Mytilia spp,shell fragment,the composition of the shell was not inconsistent with what,might occur naturally and that subsurface testing and geomorphic studies would be needed to establish whether the sites represented archaeological remains(Ferraro and Beckman 19910. Accordingly,archaeological stUdies'COnducted by LSA in March.2004 demonstrated that the two sites are not archaeological deposits. The studies consisted or..(1)a review of previous archaeological investigations of the project area; (2)a review of geotechnical investigations of the project area;(3.)controlled surface collections within the boundaries of CA-ORA-1308 and CA-ORA-1309,as well as CA-ORA-83 and non-site areas;and(4)a surface survey., (1)Review of Previous Archaeological Investigations of the Project Area.The previous archaeological investigations included the original site forms recording sites CA7ORA-1308 and CA-ORA-1309(Ferraro and Beckman 1991a, 1991b);the original cultural resource document that discusses these sites(de Barros,1992);and a more'recent cultural resource report that also discusses the sites 1997).Both the original site forms(Ferraro and Beckman 1991a, 1991b)and the cultural resource document first describing CA-ORA,1308 and CA-ORA-1309(de.Barros 1992) call into question the validity of the sites, Subsurface testing and geomorphic studies are identified by both of these references as.the manner by which to resolve the validity of these sites as archaeological sites.Dillon(1997),with no more than an aerial photograph of the project area,argued that both CA-ORA-1308 and CA-ORA-1309 were archaeological deposits. The geotechriical report documents that past land use of the parcel has been agricultural and further describes the existence of a 60-inch storm drain buried 6-9 ft below existing ground level in the northern portion of the project area(Pacific Soils Engineering,Inc.:1998)..The . burial of this storm draw has important implications for the presence of marine shell from the northern portion of the project area near whet has been recorded as CA-ORA-1309.A buried gas line is also described near the western boundary of the project area,These results 81 Document Number: 2015000383684 Page.: 97 of 184 1307 5-11-068 (Shea Flomes/Parkside) Adopted Findings are consistent with the results of previous geotechnical investigations conducted by Stoney- Miller Consultants and LeRoy Crandall&Associates(Pacific Soils Engineering,Inc. 1998! Appendix III., Sections B and C.,respectively). (3)Surface Collection.The goal of the.LSA Mardi 8,2004,surface:collection Was to obtain samples of visible surface shell arid artifacts from various 1 meter(m)grids across the parcel without disturbing subsurface deposits.The 1 x 1 rn sample grids were delineated with a:prefabricated 1 x 1 in aluminum grid.In this Marme4 the surface collections were comparable,since the surface area of each collection grid was identical. The lxlm grids,termed Surface Collection Grids(St(1s),were placed in four locations! (1)within the previously recorded boundary of CA,ORA-1308,(2)within the'previously recorded boundaries of CA-ORA-1309,(3)at the base of the mesa adjacent to CA-ORA-83, and(4)in a non-site area,between the:sites • The surface collection showed.that the non-site area contained a.greater density of shell than either previously recorded Site CA-ORA-1308.O .CA-ORA-1309.It also demonstrated that, with the exception of one fragment of Pismo clam(Tivela stultorum)from a non-site area (SCG 7),all shell from previously recorded sites CA-ORA-1308 and CA-ORA-1309 were from a bay/estuarine environment and coUld be expected to occur naturally,as the area'was ()tee part of prehistoric Bolsa Bay(as demonstrated by geotechnical investigations). SCGs 2 and 3 at CA-ORA-1308 had small quantities of:pearly monia(Pododesmus cepia);which are known to prefer a breakwater rock habitat Breakwater-like rocks(riprap)line the East Garden Qrove-Wintersburg Flood Control Channel,further strengthening the hypothesis that shell at CA-ORA-1308 is East Garden Grove-Wintersburg Flood Control Channel dredge residual used to construct the Graham Street ramp over the channel and the channel construction itself.Some of the roadway embankment has eroded onto the level portion of the field and has been disked out into the.field. (4)Surface Survey:On March 25,2004,LSA conducted a systenaatic survey of the entire project area.No cultural resources were observed. For these reasons,the applicant feels that an ARD is not necessary for CA-ORA-I30g and CA- ORA-1309 and that the above demonstrates why these are not actual archaeological sites and therefore there is no need to carry out any additional archaeological testing prior to allowing the proposed project to go forward. Given the presence of significant cultural deposits on and adjacent to the subject site,it is necessary to impose a special condition requiring archaeological monitoring of grading on the site,and any requisite mitigation if there are discoveries of cultural deposits,to ensure that the project remains consistent with section 30244. Tints,the Commission finds that with the imposition of Special Condition S,Protection of Potential Archaeological Resources During Grading,which requires archaeological monitoring of all grading and construction activities that may,aciversely impact any unexpected archaeological resources,if they exist,will provide adequate protection; as explained below. Special Condition 8,Protection ofPotential Archaeological Resources During Grading 82 Document Number: 2015000383684 Page: 98 of 184 1308 5,14-008 (Shea Homes/.Parkside) Adopted Findings Special Condition'8 requires that prior to the'issuance-ofthe.coastal development permit approving the proposed project that the applicant prepare and submit.an.archaeological monitoring and mitigation plan to be impleinented during all site grading and any other development activities(for example,trenchingfOr utilities),That may impact buried.archaeological resources: The plan shall providefor.(1)monitoring of these activities by archaeological and Native American monitors,and the designated most likely descendent(MLD)when required by State law that an MLD be designated;(2)that•a.pre-grading meeting be convened on the project,site involving the applicant, grading contractor,archaeologist,and all monitors and the MLD.to in order to make sure all parties are given a copy of the approved archaeological monitoring and mitigation plan and understand the procedures to followed pursuant to the plan,including the dispute resolution procedures to be' followed if disputes arise in the field regarding the procedures and requirements of the approved archaeological monitoring and Mitigation plan.;(3).if.aithaeOlogical/COltUral resources are found,all grading and construction must cease that could adversely impact the resources and/or prejudice mitigation options until the significance'of the resource is determined(if the resources are human remains then additional State and Pederallaws,!ate'invOkcd): The potential mitigation options must - include consideration of in-situ preservation,even if it means redesign of the approved project, The • significance testing plan.(STP);prepared by the project archaeologist,with input from the Native American Monitors.And MLD,must identify the-testini.Meastires-tfiat will take place to,:leterinine, whether the archaeological/cultural resources are significant,is submitted to the Executive Director to make a determination as to whether the STP is adequate and whether the irripJOmpptgign of the . proposed STP can go forward without a:Commission amendment to thepertnit;.:(4)once the STP is implemented,the results along,with the archaeologist's recommendation on the significance of the. resource,made in consultation with the Native American monitors and MLD,;are submitted to the Executive Director in order to make a determination as to whether the.discovered resources are significant;(5).if the resources are determined to be significant by the Executive Director,a Supplemental Archaeological Plan(SAP)must be prepared,that identifies appropriate:investigation • and mitigation measures for the resources found,in consultation with the Native American monitors,MLD,and peer reviewers and after preparation,comments solicited and incorporated from'the Native American Heritage Commission(NATIC),California Office.Of Historic Preservation(011P);and finally,(6)the applicant must carry out the approved SAP after it is approved by the Executive Director unless the ED determines that the proposed Changes recommended in the SAP are not de minirnis and therefore must be approved by the Commission as .an.amendment to thepermit. Further,the applicant is required to submit a final report at the conclusion of the approved archaeological monitoring and mitigation plan that is consistent in format and content with the applicable°PH.guidelines.. • Special Condition 9'requires the'applicant to curate any artifaCts not reburied on the project site with an appropriately. licensed facility,requesting such facility to agree to'display the resources,for public educational'purposes. •Only as conditioned can the'proposed.project be found'consistent with the certified LCP policies. regarding the protectiOn of archaeological/cultural resources. • 83 Document Number: 2015000383884 Page: 99 of 184 1 309 • • 1-0681(8hea HOrnes/Parkside). Adopted Findings • , • H. Hazard. • Coastal Act Sea-ion 30253 states,in pertinent part: New Development shall: (2) Minimize risks to life and property in areas of highgeOlogic,flood,:and fire hazard.. (3) Assure.stability and structural integrity,.and•neither create nor contribute. significantly to erosion;geologic instability,or destruction of the.site or surrounding area or in any way require the construction ofprotective devices that would.*substantially alter natural landform along bluffs,and cliffs. • This Coastal Act.section has been expressly incorporated intothe City'S certified LCP.as.Policy Goal C.10. .LCP Policy C 1.1.9:StateS,!. • Minimize risks to lift and property in areas of high geologic,flood(figure.C.-33)and fire hazard through.siting and design to avoid the hazard 'New-development shall be designed to assure stability and structuralintegrity, and neither create nor contribute sioificarttlY to erasion,geolOgk instability; or destruction of the site or surrounding area or in.anywa-y require the construction of •aprotective device. • LOP Policy C 4:4.2 states: PrOhibit priVate•development along the blitlfsrising up to the Bolsa Chica mesa (the . blufffaCe that rises above the northwestern edge of the Bolsa Chico low land)within the Citys jurisdiction that would alter the natural landform or threaten the stability of the bluffs. • • Drainage systems and other such facilities necessary to ensure public health or safety may be allowed provided that bluff alteration is restricted to the minimum necessary:and is done in the least environmentally damagingfeasible manner. In addition,Policy C 1.0.1.4 states: Require appropriate engineering and building practices for alt new structures to withstand ground shaking and liquefaction such as those stated in the Uniform Building Code, • The City's certified LCP LUP Policy C 6.1..2.7 states; Channelizations, dams, or other substantial alterations Of rivers and streams shall Document Number: 20166360383684 Page: 100 of 184 1310 • • • 5-11-068 (Shea Homes/Parkside): Adopted.Findings incorporate the best mitigation measures.feasible, and be limited to (1)necessary water supply projects,.(2)flood control projects where no other methOdfor protecting existing. structures in the floodplain is feasible and where,such protection is necessary for public safety or to protect existing development,or(1).developments where the primary function is the improvement offish and Wildlife habitat. In addition,the certified LUP,specific to the subject site;requites; "Minimization/mitigation of floodhazard shall include the placement of AFEMA certifiable,vegetated flood protection levee • that achieves hazard mitigation goals and is most protective of eoastal'resources including wetland and ESHA". Further,the certified LIjP,specific to the subject site;•allows within ESHA buffer a. "vegetated flood protection levee that.is the most protective.of coastal resources including wetland and.ESHA". The.subject site and much:of the surroundingarea.are:susceptible to.flooding. In addition, according to the City of Huntington Beach, and because of the present low elevation,the subject 'site is considered susceptible to tsunami tun-up, The subject site is also subject to liquefaction, Furthermore,the.proposed•development must beevaluated for its ability to withstand anticipated future sea level rise(SLR). The•proposed project includes,among other;things,the construction of 111 single.family residences at the slibject•site. Afthe time the COrnmission reviewed the LUPA for the subject site,the Commission's staff geologist reviewed a great deal of technical information subnlittPd in conjunction with the site specific LUP amendment and earlier version 011ie related coastal development permit.application, Potential geotechnical and hydrOlogicatissues..are addressed lathe • staff geologist's nienib.dated.JUly 24,2006,The staff geologist has indicated that his July 24,2006 memo remains applicable to the currently proposed-development. The staff geologist's memo is hereby incorporated bytelerence as though fully set forth herein: • I.. Flooding The:subject site was once part of the•extensive Santa Ana River/Bolsa.Chios,complex. Historically, the site was part of the flood plain. However,site modifications prior to the Commission's jurisdiction in the area(which began on 1/1/77)including construction of a dam ariclfidegates in the 1890s,,the introduction of agricultural uses(including agricultural ditches)in the 191.0s,and construction of the East Garden Grove-Wintersburg Flood Control Channel(EGGWFCC)in 1959 effectively removed the site from functioning as a flood plain. ' If the site were to be restored it would.be a valuable addition to the Bolsa Chica wetlands • restoration project. However, due to the modifications described.above.(and as described in "wetlands"section of this staff report), a hydrologic connection between the subject site and the Bolsa Chia wetlands.no longer exists. The proposed project includes construction of the Vegetated Flood Protection Feature(VFPF): The VFPF,as proposed,will not cut Wan existing hydrologic connection,as none has existed since prior to Commission jurisdiction in the area.(1/1/77), a5 Document Number: 201:8000383684 Page:' 101 of 184 1311 • 5-11.-068(Shea HOMes/Parkaide) Adopted Findings • • High"tides combined with storm surge will create tidal flooding,across the site. The neighborhood immediately north of the subject site and additional areas inland of the subject site are located within the flood path and are at lower elevations than the subject site:Portions of subject Parkside site lie at elevations ranging from 1,9:(MSLNAVD 88)to 4.4 feet(MSL.NAVD 88). Areas of the Surrounding neighborhoods lie at elevations as low as 2.6 feet(MSL NADV 88)below sea level.. This,the subject site would not retain flood waters and will not function as a protective flood plain. In a worst case flooding scenario(high tide, storm surge,and failure of the lower reaches Of the leVees),uP to 170 acres of inland developed area would be flOoded under current site conditions, See exhibit 24 for an email from Orange County Public Works flood Control Design regarding the need for the:VFPF fOrareas inland of the subject site. See exhibit 25 for a letter from the City.of Huntington Beach Director of Public Works regarding the need'for the:VFPF. Without mitigation measures both the subject site and inland,surrounding area would be subject to • flooding. In order to mitigate the flood threat,the applicant has proposed a number Of mitigation measures, These measures include;improvements to the area's drainage system consisting of a new pump faeility at the Slater storm.Water pump station,improvements to the Co5 flood control channel north levee,and construction of a vegetated flood protection feature(described in greater detail below), Approximately 170 acres inland of the subject site is also at risk from flooding. The inland 170 acres are primarily developed with single family homes. The City's certified LCP requires that this existing development inland of the subject site be protected from flood hazard.. The groundwater authority for Orange County is the Orange County Water District(OCWD). In a letter dated May 15,2012,the OCWD states:"Based on OCWD staff's review of hydrogeologic data collected from its nearby monitoring:wells,We do not consider this location[the subject site]to be technically viable for surfaceinfiltration for'the'purpose of groundwater recharge and storage:" See exhibit 22:for.QCWD 5/15(12 letter. a) Vegetated.Flood Protection.Feature With or without development.of the subject site,the inland 170 acres of existing development must be protected from flood hazard, The path the tidal flooding would follow unavoidably crosses the subject site The only way to adequately insure protection of the inland 170 acres of existing development is to installa flood,protection levee(allc,a,VFPF)on the subject site or to the' southwest of the subject site within the Bolsa Chica"Pocket Wetlands"between the Co5 flood control channel and the Bolsa.Chica mesa. The proposed VFPF alignment would fall within wetland and ESHA buffer,but not within the wetlands or ESHAs themselves. The alternative iodation,within the Bolsa Chica pecket wetlands,would place the VFPF within Wetland. Moreover,because the VFPF is proposed to be vegetated with coastal sage scrub vegetation and is expected to require only infrequent maintenance intrusions,it is expected that the VFPF itself will provide habitat value. Thus,the proposed alternative is the least environmentally damaging alternative that would still provide necessary flood protection for existing inland development The 'necessary protection of the inland 170 acres would also protect.the'50 acre subject site from flooding. • Document Number: 2015880383684 Page: 102 of 184 1312 5-11-068 (Shea Homes/Parkside) Adopted Findings A letter from thel3olsa Chico:Land Trust(BCLT)dated June.. ,suggests the proposed.Vegetated Flood Protection Feature(VFPF)is eXpreSSly forbidden by the certified'LCP and references LUP Polity C.1.1.9 aridLUP Policy C 4.4.2 stated above: The BCLT.assertS these.seemingly contradictory policies must be balanced in a manner most protective of the significant coastal resource [the bluff] See exhibit 26 for the BCLT 6/3/12 letter and exhibit 27 for the applicant's response. However,the Commission finds the VFPF is necessary to protect existing deVelopment and although the proposed project would also be protected by the Vegetated Flood Protection Feature (VFPF),it deid not create the need for the'VFPF. Ratherit is the inland,exiSting development that currently requires flood protection regardless of whether the subject site is deVeloped. Through review attic project specific LCP amendment.1,06 and the proposed coastal development pennit: application,it has been determined the least environmentally dainaging,feasible method for • protecting the inland development is construction of the proposed VFPF at.the subject site. . nittheintore,LUP Policy C 6:1.27 alloWs for approval.of ahanneiiiationsi.dams,or other substantial alterations(such asilie VEIT)of rivers and strains:for flood controlprojects where no other method for protecting existing structures in the flood plain is-feasible and where such protection is necessary to protect:existing development In addition,the Commission finds the VFPF as proposed is consistent with the provisions of the certified LCP that specifically address the requirements for a development plan associated with the subject parcel.. The section addressing Subarea 4K(Subject site)requires a Hazard Mitigation and Flood Protection Plan including the following feattirest."Minimization/mitigation of flood hazard shall include the placement°fa FEMA certifiable;vegetatedflocdfirotection Wee that achieves hazard mitigation goals and is the most protective of coastal resources ineluding wetlandand ESHA". Thus,provision of the VFPF at • the proposed location on the subject site is anticipated by and fully consistent with the certified LCP as certified by the Commission. The vegetated flood protection feature(VFPF)is proposed within proposed Lot Y. Currently(i.e. subject site undeveloped),the approximately 170 developed acres located inland of the Parkside site are subject to tidal flooding, Flooding would likely occur when both high tide and storm surge occur at the same•time as high flow in the Co5 flood control channel,causing combined tidal and riverine flows to overtop the"oil field road", continue inland across the subjeet.site;and flood up to 170 acres.of inland developed area containing about 800 homes. Thus,with or without the proposed development,flood ptotection is required The path of tidal flooding would unavoidably cross the subject site. The southwestern portion of the subject site,adjacent to the.flood levee,presents the most efficient location to install flood protection. This area.in the southwest corner of the site betweenthe flood control.channel arid the bluff provides a relatively narrow area within which construction of a barrier would allow the. flooding to be captured and contained. This is because there is a narrow bottleneck area between the north levee(elevation at top= 13.6'MSL)of the County'S Co5 channel and.the adjacent approximately 40 high bluff, Construction of the proposed"vegetated,flood protection feature" (VFPF)within this narrow area between the two higher elevation areas(levee and bluff)presents the only feasible option for adequately'insuring protection of the inland 170 acres ofexisting development, The meg:effective and best way to protect the inland 170 acres is to install a flood 87 Document Number: 2010.0038$684 Page: 103 of-184 1313 • • • 5-1 1-068.($13ea.Homes/Parkside) Adopted Findings protection levee in:this location.. Installation of this flood protection would also result in flood protection for.the 5.0 acre atAbject site. The applicant is therefore proposing to constrtict aVFPF in this specific location. In order to be effective,the VFPF mustbe placed within area designated Open Space Conservation. More specifically,it will be located within ESHA buffet area but not within the.ESHA or Wetlands themselves or within wetland buffer area. In considering the appropriate land use designation for. the subject site under LCP LUP Amendment 1-06,the Commission reviewed the need for a flood protection feature at the site; At that time the Commission found that some type of flood protection feature Was necessat•Yat•the aubject aite:iti order to protectexisting.inland development from flood hazards. The Commission further recognized that it would likely be°necessary to place the protection feature within the conservation area of the site for the reasons described above. Finally, the Commission,at that time,recognized that the VFPF would likely need to be placed within buffer area. The Commission found that"placing the VFPF within buffer area was likely to be acceptable because"1):there would only be temporary construction-related impacts, once constructed, the VFPF would be planted to provide upland habitat that complements the wetland vegetation, and, 3)the VFPF would not require maintenance once constructed, thus intrusions into the buffer would be limited orilyth those necessary during:construction". Thp.VFPFis proposed to tie into the re-constructed(per this project)north levee of the'Co5. From the north levee the VFPF would continue roughly perpendicular to the levee for approximately 630 feet to the southeastern end of the Eolsa Chica Mesa bluff. The width at the top of the VFPF is proposed to be 15 feet in order to accommodate maintenance.vehicles. This width also allOws for public access along the top of the V.FPF to just short of the midway point;where A scenic vista point is-proposed, The top width.of the'MP at the vista point will be 50 feet A 50 foot by 50 foot turnaround is also proposed at the northerly terminus of the maintenance access road(at the bluff end of the VFPF). VFPF side slopes are proposed to vary from 2t1 to 5:1 and toe out at various elevations,so the bottom VFPF width varies from.70 to. 120 feet The top of the VFPF is proposed to be set at an average elevation of 13.6 feet(MSL NAVD 88)to match the height of the.Co5 levee. Existing grades within the VFPF's path range from-0.6 to+3.6 (IvISL'NAV]) 88),resulting in a VFPF height above existing grade of from 10 to 14 feet, Grades rise quickly where the VFPF will tie into the bluff at its northern end. The proposed VFPF construction will consist of installation Of a Matrix of deep soil-cement mix columns and soil-cement cap;and vegetated slopes on each side ofthe soil-Cement. The columns will be cast(mixed)in place,in holes drilled by a drilling rig. The columns will penetrate a minimum of 5 feet into-the dense alluvial soils underlying a layer of less dense alluvial And provide the structural,core of the VFPF that is intended to provide the basis for FEMA levee certification. • Upon completion of construction and planting,the VFPF will be owned,maintained,and Operated by the Orange County Public Works Departitient,except that the VFPF.vegetatibn and irrigation will be maintained by the HOA. Document Number: 20100383684 Page: 104 of 184 • 1314 • 5-11-068 pee HOmes/Parkside.) Adopted Findings . • It should be toted that Construction of a flood control feature:in.a downstream:location between the levee:and the bluff might:accomplish necessary flood protection, however,that location would mean construction within the ESHA and wetland of the ecological reserve,resulting in greeter impacts than the proposed locatim While the proposed location falls within ESHA buffer area,it would not be Ideated Within.either Wetland:or ESIIA or within wetland buffer area. In any case, construction downstream would still result in flood protection for the subject site as well as the, inland 170 developed.acres.. A suggestion has been made that a flood protection feature.could be constructed along the northern border of the site to protect the inland 170 acres. Such a structure would need to be over 1,500 feet long(the diStance from the bluff to Graham Street),bringing its feasibility into.question because of the significant cost associated With constructing such a structure. MoreOVer,unless the structure made a.right.turn at the northeast property lino(or.some similar point)and extended across.the property to the southern property boundary(a minimum distance of at least 360•additional.feet),it Would not stop inland flooding because it would not tie into the required higher elevation(the Co5 levee)'. Finally,and rnost inipoitantly;such a gradate would need.to.be Constructed within ESIIA: (northern eucalyptuS grove)in order to tie into the bluff at the westerly side of the property. Thus,. such a structure would not be the least environmentally damaging,.feasible alternative. Theoretically,a flood control assessment district,could be formed to provide ilood protection for the subject site'and surrounding area. However,the owners of the surrounding affected properties are not co-applicants in the current application and therefore flood control alternatives involving development on the surrounding properties are not before the Commission, Alternatively,the. proposed VFPF could be constnietedby the Orange County Flood Control District(OCFCD)whiCh serves the subject area.. HoWeVer,.there is.currently no plan or funding in place for the County.flood control district to undertake the project. The OCFCD has endorsed the proposed VFPF. b) Drainage System Improvements In.addition to the proposed VFPF,'the:applicant also proposes to make several improvements to the area drainage system: These include: 1)improving the capacity and stability of the Co5 flood control channel as described below;2)making changes.to the.storm.drains under'Kenilworth Drive and Graham Streets,improving their capacity;and 3)upgrading the Slater Pump Station by installing two more punlps. The proposed drainage improvements will not result in an increase in the areas served or to the number of people served by the existing storm drain system.. However, the proposed improvements'are.intended to more efficiently arid:Mere safely address existing conditions, The standard of review&Tall work within the flood control channel is the Chapter 3 policies of the Coastal.Act. I. North Levee Improvements The applicant proposes to construct improvements:to the north levee of the County's Co5 flood control channel adjacent to the subject site. :The existing steel sheet pile system was constructed •pursuant to emergency coastal development permit No. 5,07-025-G,issued to Orange County. Public WorkS. The emergency permit allowed the installation of 3800 linear feet,of 30.to 40 foot .89. Document Number: 201,500038$684 Page: 105 of 184 1315 5-11-068.:(Shea Homes/ParkSide) i.%doptedFindinOs .. • • • deep steel sheetpile along the north:levee of the Co5 flood control channel,from Graham Street to 3800.feet downstream. • The.proposed levee upgrades include iristallation.of thEitrit of deep soil-Ceirient mix columns and. soil-cement cap to be placed at the landward side of the emergency sheetpiles. These columns are proposed to be cast(mixed)in place,in holes drilled by a drilling rig. The columns would penetrate arnininnim.a.5:feet into the dense alluvial soils lying below the existing sheet piles; As proposed, the-deep:soil-cement columns would top out from 21042 feet from the proposed levee access road. •Above:the drilled columns,a Variably deep soil-cement cap will be placed using general earthmoving equipment,capable of working in close proximity to the existing sheet piles: The soil- cement is proposed to be,placed in lifts until just below the access road section: Finally the access. road struCtural.sebtion will be placed above the Soil-tornent levee. The eXiSting.Sheetpileis proposed to be finished with a continuous cap and rail to provide a 42 inch minimum height handrail system along the access trail.: As described previously,a multi-use public access trail is proposed atop the.levee, The:intent of the:levee improvements iS gain Federal Eihergeriey 1ylariagernent Agency(FEMA) certification for the levee. The proposed levee work would begin at the Graham Street bridge and continue westerly(downstream)for approximately 2100.feet At that point the flood control levee is:proposed tO join.the prOposed VFPF and the deep Soil-cement mix tolumtis would continneas • part of the VFPF, NO.Work is expected-or proposed within the flood control:Channel itself in conjunction with the proposed levee upgrade. The proposed north levee improvements will not impact any identified wetland or ESHA. ii. SlaterPump Station Improvements Studies required by the City of Huntington Beach and performed by the applicant indicate that: currently the Slater pithy station is not able to-adequately Process the.drainage flow it currently receives. Because the proposed deVelopment.woUld result in an incremental increase in peak discharge from the subject site,the City required the applicant to undertake improvements to the pump station. Improvements proposed to the Slater pump station Include,,..the addition of one 75 cubic feet per second..(cfs)mainpump capable of pumping about 99.cfs at an intake elevation where existing pumps cannot operate and 102 cfs at full forebay elevation;the addition of one 1.5 cfs:sump pump to replace an inoperative sump pump. This will draw down Slater forebay and channel, creating about 40 acte-feet of additional storage capacity;the addition of five anti-vortex umbrellas for the existing pumps,increasing each ptimpdischatge by about 40 ofs,for a total discharge increase of about 200 efs;.and the addition of small pumps and water quality continuance deflection system(CDS)to.receive dry weather flow and pump 4.to the proposed Natural Treatment System at the subject.site: The proposed improvements are intended to improve and increase the existing capacity and reliability of the Slater pump station. In addition,the proposed improvements are expected to improve water quality in the Slater Channel by allowing the channel to drain freely. The Slater puthp.StatiOn service area will remain,the same:2:,935 acres,north.and south of the Co5 channel. iii. Storm Drain Channel Crossing Document Number: 201060383684 Page: 106 of 184 1316 • 5-11-068•.( hea HOMes/Parkside) Adopted Findings • Drainage from the subject site and from the Cabo.del Mar condominium development adjacent to and.northwest ofthe site,.along with tirainage from the Graham Street storm drain,are.proposed to be directed to a new storm drain pipe under the Co5 flood control channel, The proposed storm drain pipe will connect with the.Slater pnrhp,station.fOrebay, The firSt.flitSh flows from thesubject Site and Cabo del Mar are proposedto be directed through aCDS-or equal device prior to entering the Slater pump station forebay, Directing drainage to the Slater forebay.first is expected to improve,the*ater.entering the.NTS and is intended as a water quality measure. .• The storm drain pipe proposed to be placed beneath the Co5 channel will.be a.120 inch,.Single reinforced concrete pipe(RCP). The pipe is proposedto be placed on several feet of crushed rock (to.improve the foundation conditions in the soils beneath the channel).and will.be.cappedwitli a .• concrete encasement(to prevent flotation) Concrete"gaskets'will be used(in conjunction with flexible joint filler)to interface the RCP with the steel sheet piles of the°flannel levees, The crushed rock bedding Will be terminated at the interface between the steno drain and levee lining to. prevent.seepage through the levees. • Major improvements to the south levee of the Co5 will be conducted by the'Orange CountyPublic Works Department pursuant to recently approved coastal development permit 5-09-209(approved 3/9/1.I), At this time,the County-plans to begin construction on the south levee in September of this year. The proposed storm:drainpipe within the flood control channel will require construction of a connection from the storm drain pipe;through the north levee.tO connect with the.proposed subject site drainage system and through the seuth.leyee to join the Slater Pump Stationforebay. The connection through'the north levee Will be-constniCted at the time:the north levee improvements are implemented and will include cutting a hole in the steel sheet pile so that a coficrete."gasket"can be poured to join,the channel pipe to the Parkside pipe. However,how the connection though the south levee will be conducted will depend upon the status of the Orange County Public Works Department's progress with its south levee improvement project(per approved coastal development permit 5-09-209). One of three.possible Options will be pursued If the County's south levee project proceeds construction of the proposed storm drainchannel crossing and connection with the Slater Pump Station,then.a short section of pipe will be installed with the levee in lieu of a gasket,which would then be replaced with steel sheet piling and:a concrete gasket. during the County's construction of the south levee. If the C.ounty's south le-vee project occurs concurrently with the proposed storm drain channel crossing,then the concrete gasket within the levee will be poured folloWing installation of the steel sheet.piling, If'the County's south.levee project has not yet commenced at the time of the proposed storm drain channel crossing,then the existing south levee material.will be excavated and retained.by temporary shoring. Interfering portions of the Slater:forebay concrete lining will be removed and replaced and baelaling would then occur To prevent seepage through the levee walls,the concrete''gaskets'(along with anti- seepagejoint materials at joins to the.pipes).is proposed.as a means of sealing the opening in the steel sheet piles. In addition,the gravel bedding will be discontinuous at the coneretegaSket",to further reduce the possibility of seepage through the levee walk To accomplish construction ofthe drainage pipe beneath the flood'control channel,cross-channel 01 Document Number: 2015000383684 Page: 107 of 184 1317 5,11.-06g(8hea HornestParkside) • Adopted Findings , • • cofferdams are proposed to be installed at the upstreaMand downstream ends of the'channel crossing area,for roughly two thirds of the channel width,as well as a cofferdam running longitudinal with the channel. ConstrUctionvdthin.onelalf of the channel is proposed first. Once construction in the first half of the channel is.cOnaprete,the COfferdAtil configuration is:proposed to• be"flipped"about the centerline of the channel and work would,begin in the second halt of the • channel.. •• Cofferdam construction.is proposed to employ eithertemporarydriven sheet:piles,temporary inflatable bladders,or a temporary earthen berm,or Some.coinbinationthereof The proposed channel.crossing will also require.dewatering. Dewatering in the channel is proposed.to include pUrnps•placed blithe subject site dtiring.the coincidental rough grading to help draw down underground water levels: The applicant anticipates additional pUmps to draw down the underground water levels in the Channel, The Slater pump station is proposed to be monitored as part of the monitoring.program of theresidential areas to the north of the subject sit Water which is pumped from the channel via the dewatering pumps is proposed.to be stored on the subject site,de-silted,treated(AS:needed),and.diScharged back intO the channel.downstream of the Channel-work upon certification that applicable Water.cniality standards have been met.. .A Biological Assessment.and AlternatiVeS AnaIy . prpared'.byLSA and dated January 2010)was prepared for the proposed channel crossing.work. .TheASsesament found that the channel,in the: area that adjoins the subject site;is essentially devoid of wetland habitat The Assessment finds that the vegetation that is present is best characterized as ruderal and indicative of urban flood control charnels in coastal Southern California and.consists ofamixture of ruderal upland.and wetland, native and nonnative plant species. In addition,the Assessment finds that,although a number of sensitive terrestrial and bird species are known to occur in the general vicinity,including sensitive species such as the California least tern and the.Belding's Savannah sparrow,none are known to or • expected to breed and/or reside within.the Channel, The Assessment also found:that the only fish species expected to occur in the stretch of Channel adjacent to the subject site,but was not found during the survey;is the arrow.goby„a common native fish species. Vegetation within the channel was found to be primarily algae with.some duckweed,however much of the open water in the channel was devoid,of vegetation. No eelgrass was identified in the channel. The Assessinent'identified three potential impacts due to the in-channel construction for the proposed placement of the storm drain pipe: sedimentation,turbidity,'and disruption offlow within the channel. Sedimentation could bury invertebrates.living In the Channel. However;the Assessment concludes that.such an impact would,likely be restricted to the California.hornsnail, which is a.common native invertebrate,and would be relatively localized and not considered significant to the.species. With regard to turbidity,the•Assessment asserts that most aquatic orgaiiistn8 found in'channel habitat likely have adapted to some degree of turbidity as storm runoff . and periodic scheduled dischargea.from the Slater pump states are common. Thus,.no impacts due to turbidity are expected.. Finally,because the ccifferdam.will not completely block the channel at any time during construction,no blocking to the tidal flux would result from the proposed storm. • drain placement Overall,because potential impacts from.construction in the channel will be of limited:duration and because sensitive.species are not expected to'be.disturbed by'the project,no adverse impacts to.habitat ate expected due to the proposed construction within the channel. • Document Number: 2018.80383684 Page: 108 of 184 1318 • 5-11.-068:(Shea..Homas/Parkide) Adopted Findings • Because:the flood control channel influenced,the area.or the proposed project the flood control channel right-of-Way fall Within the Commission's original permit jurisdiction: The area outside the.flood control channel right-of-way falls within the tit)Os juriSdietion: c) Raised Pad Elevation • The subjectsite's elevation,in the area of proposed residential development,is also.proposed to be raised to elevations higher thanFEMA.Ease Flood Elevation(described in greater detail beloW). These higher elevations would also aid in:mitigating flood hazard at the subject.site.. However, although the raised elevations alone could exacerbate flooding in neighboring areas,the above described drainage,.levee.and.WO improvements:will more than offset flooding impacts off-site. d) Flooding-Conclusion The Conunissions'gaff geologist,in his 200.6:memo determined that;"Together,,these improvements [proposed flood mitigation-Measures described above}more than mitigate for the lost flood water storage caused by the addition of fill,to the Parkside Estates site, According:to references(9)(13)and(16)[of the memo},these improvements would remOve.7000 homes from. the fUnOtional.flo.odpiain,and would reduce flood elevations throughout the Watershed." '2. Liquefaction/Dewatering The soils at the'subject site.are susceptible-to liquefaction during a major earthquake. In addition, the presence of peat could lead to'settlement problems,because orgariic materials such as peat are subject to decay and volume loss with time,. Although peat,an indicator of wetland soils,is found. within.these sediments,it's preSende does riot translate.into-current wetland conditions because the peat is located at depths beneath which wetlands exist. In order,to mitigate for the liquefaction and settlement hazArds,the applicant proposes overexcavation,dewatering,and recompaction in the:area proposed for residential and associated development. This is proposed to be accomplished via"slot grading". This slot grading process is destribed as.follows: excavation of soil within a designated "slor„dewater the excavation by placing the.excavated material on another area of the site for drying,replace the dried,suitable soil along with imported fill, The area.for drying would be located within the residential.development footprint The."slots"would,be excavated and refilled with compacted fill in a rapid 3'to 5 day turn-around. As one slot is closed,the adjacent area will be openedup,.resulting in only a limited area being used for active excavation/recompaction at any one Time, The size of the slots will range depending on.the actual conditions on-site at the time of grading. Generally,slot sizes are anticipated to be approximately 150 feet long:by 50 feet wide. However,if the existing soil conditions are favorable,the size of the slot may be enlarged. The maximum slot size anticipated is 2-50 feet long by 100.feet Wide. The maximum area to be under excavation at a time is not expected to exceed 20%'of developable portion ofthe site. The average depth of soil removal would be.1.0 feet over the site. However,some areas will need to be excavated to greater depths,such as in the area of the new storm.drain. The maximum depth anticipated is 18 feet in the 93 Document Number: 201'8000383684 Page: 109 of 184 1319 • - 5-11-068.(Shea Hornps/P•arkside) Adopted Findings • -area.flear the flood control channel. This depth is proposed in order to provide a stable foundation • for proposed*stem drain improvements. All slot grading is proposed within the area of the site that is designated for residential and associated development .The slot grading is intended to both raise the building sites'elevation and Mitigate for potential problems from settling,liquefaction, arid lateral spreading that could Occur from either development on-site or.from the occurrence of a , seismic event. See.exhibit for additional remedial grading description; The overexcaVationprocessis.proposed to involve.approXitnately 481,670-cubie yards°lout Of the 481;670:cubic yards of Cut material,unsuitable fill materials such as peat would be stockpiled on site for use in coi monlandscap.e.areas,and,the remainder of the.material,as well.as 41):Pro4nately:260,000 cubic.yards of imported fill,.wouldhe compacted to suitable densities to provide structural.support and to..preventliquefaction. No soil:export is:proposed. Potential impacts due to'liquefaction arealso.proposedto bemitigated:on site with structural design'features. Since:the excavations.wiltodend below sea level,,dewatering operations will benecessaty. The- site&watering is proposed to be.accomplished'through a series of eight wells,.55&din depth.. In addition th.thesedeep wells,.sUmp.purnps and shallow wells andiorwellpoints are proposed. This dewatering operation.has the potential to result in lowering of ground water levels off site too, which could lead to settlement problems there. Pacific Soils Engineeting,iri a report titled Update of Groundwater Monitoring PrOgrairi,•Parkside Estates,dated May 28,2009 provides a summary assessment of potential impacts off-site due the proposed.dewatering. The conclusions of the report are based on groundwater monitoring conducted by Pacific Soils Engineering since 1999.. The PSR summary report states that "groundwater levels will he drawn down'locally below ParkSidebut levels at the edges of the project,such as the north and.:south boundary,will be drawn down approximately to elevations minus 8 arid minus 19,respectively. These draWdown elevations are less than recorded historic. The suminaiy report furtherttates: • 'Lowering ofgroundwater Can.cause air.increase in stresses on unclerlyingSoilS that can result in settlement However, that response is a single occurrence under any increased stress conaition. At Parkside, "low"Water levels to elevations minus'23.have been recorded;thus settlements in response to that lowered water andincreased stress condition.- have already occurred. Lowering of"perched"levels of water at or near Parksidevill haVeno.significant settlement inipact, Lowering of the deep groundwater below oleVation minus 2.1 could cause a settlement response;however, such lowered water levels will not be • caused by developmentof Parks*. Lowering of the regional aquifer could cause a settlement response.fipast fluctuations are exceeded;however,such an event would be regional and locally uniform. DevelOpMent of Parkside Estates has no iMpact on nor any control over such.a regional event." In order to mitigate for the potential hazard arising from site dewatering,the slot excavation described above,that will take place in stages, With only narrow excavations open at any one time, • is proposed. The anticipated drawdovim elevation is less than reeorded.historie lows that occur regardless of activity on the subject site. That is,.fluctuations greater than those expected due to the Document Number: 201060383684 Page: 110 of 184 1320 . 5.11-068(Shea Homes/Parkside.) Adopted Findings- . proposed prOjeet occur naturally in the groundwater levels at the subject site and in:the neighborhood to the north,thus the proposed development is'not expected to resultin settlement in thatsatea: Even so,a special.condition requites that the notthern-pteperty line be closely inenitored, and if the monitoring reveals that drawdown to-8 feet(MSL NA'VD 88).has occurred along.the northern property line or to-19 feet(MSL NAVD.88).at the southeast corner of the site and/or inch,of subsidenee Occurs at the northern property line,all groundwaterpumpingmust..cease immediately, In.April 2012,the applicant installed nine benchmark monuments along the northern. property line to determine baseline elevation prior to beginning any excavation or dewatering work'at the site.. Subsidence monitoring is also required as a special condition of'approval in the southeast corner Of the site(near'Grahani Street and the EGGW flood control channel), and one benchmark monument was also installed there-in April:2012. Groundwater exista:beloW the project vicinity as both perched:water in the upper sediments as well as-deeper;more regional water that has fluctuated between depths as high as elevatien.0 teas low as elevation Minns 23. The proposed dewateringwill'extract water from both the shalloW perched. zone as well as the deeper system but the dewatering will occurwithin-the range of documented historic fluctuations, • The groundwater authority for.Orange County is the'Orange County Water District(OCWD). In a letter dated'May 15,2012;the.00WD'states: "Based OCWD staffs review of hydrogeologic data collected from its nearby monitoring wells,we do not consider this location[the subject site]to be technically viable for surface infiltration for the purpose of grQundwater recharge and.Storage."- , See exhibit 22 for O.CWD 5/15/12 letter. Although the applicant has proposed a.groundwater monitoring plan(Pacific Sells Engineering, May'28,2009,Update of Groundwater Monitoring Programs,Parkside Estates,City of Huntington Beach, California;and Pacific:Soils Engineering; September 14,2009,Cover Letter to Accompany • toewatering Review),and would be required.by Special COndition No: 19 to conform all project design and construction to the geotechnicat reports including the proposed groundwater monitoring plan,an additional special condition,specifically addressing groundwater and any related subsidence monitoring is appropriate. 'By imposing this;special condition, Special Condition No.26,although adverse impacts to adjacent properties are not expected from the proposed project,an additional level of review will.be in place and.if unanticipated results from site dewatering:do occur,they will be addressed prier-to impacts.' The monitoring plan by the special condition must include,. but is not limited to,monitoring of groundwater levels arid subsidence along the northern property line'and at the.southeast porner-of the site(whiCh are closest to existing residential development),the.. method of monitoring(to include but not be:limited to,minimum number and location of monitoring wells,the party(ies)responsible for conducting the monitoring,preparation of a mitigation plan for any adverse impacts identified and a time frame for preparing and submitting the. required:mitigation plan to the Executive Director. In addition,the monitoring plan shall include the requirement that,if the monitoring reveals that drawdown tO-8 feet(MSL NAVD 88)has occurred along the northern property line or to-19 feet(MSL NAVD 88)at the southeast corner Of the site and/or that 1/4 inch of subsidence has occurred either at the northern property line or in the southeast • corner of the site,all groundwater pumping shall cease immediately. The Commission finds that . . • • 95 Document Number: 2015000383684 Page: 111 of 184 • 1321 54140.68.(Shea Homes/Parkside) Adopted Findings • • only as conditioned.is the proposed development consistent with Section 30253 of the Coastal Act regarding minimizing hazard.. The discharge from the proposed dewatering will be directed into a storm drain.manhole;ultimately flowing into:..the.C95 flOod:eontrOl'channel.. This discharge proposal has been authorized by the. Santa Ana Regional Water Quality'Control.Board.under theprojeet's deWatering tOntractoe.s. (Foothill Engineering&Dewatering) deminimus permit RB8-2009-003. 3. Tsunami According to the City of Huntington.Beach,and because*of the prespat low elevation,the gibjeet site is.considered moderately susceptible to tsunami run-up In his July 24,2006 memorandum,the C.omtnission's staff geologist states: The Huntington Beach lowlands are quite vulnerable-to a major tsunami 4 tsunami that .overtopped the low bernisassocirtted:withithe.Pacific Coast Highway and the oilfiled toads in the BÔlsà Chica wetland could inundate a large area of the lowlands, mudh-ofWhieh lies belOw sea level. The*posed "vegetatedflood protection feature"and the:iniprOivments • to the north levee of the East Garden Grove Wint&Flmrg control Channel..[C0], together • with the increased pad elevation,will lower the vulnerability of the rarkside Estates site:. • .Although...the placement-offill an the site would displace flood waters into the surrounding neighborhood'during a major tsunami, the. !`vegetated flood protection feature"does lower .susceptibility of this area to tsunamis. It.shoilld be noted that elevations of surrounding development are currently lower than existing elevations at the subject site Tsunami inundation would result in flooding of neighboring Areas if a tsunami-were to occur,even in the•absence of the proposed project ThuS;the proposed construction of the WIT and the upgrades to the.co5 levee will result inimproved protection from tsunami both at the subject site as well as surrounding areas.. Thus,the potential hazard due from tsunami is adequately mitigated by the project as proposed. 4. Sea Level Rise For planning purposes,sea level:rise Of approximately 3 feet over the next 50 years is typically employed. The.proposed prOject has.been designed such that it can accommodate a future rise in sea level of 4.5 feet over the next 50 years: Thus,the potential lAzard due to future sealevel rise has b.eeri considered acid incorporated into,the design of the proposed prOject.. 5: Assumption of Risk The measures described above have been reviewed.by Commission staff geologist and staff • engineer and determined to be adequate to off-set expected impacts due to flooding,liquefaction, site dewatering,tsunami,.and Ratite sea level rise. Although the recommendations of the applicant'slechnical consultants have been incorporated into the design of the project in order to minimize the risk due to these hazards,:the risks are not eliminated entirely. As-described,the site is • t„. • Document Number: 2015610.0388684 Page: 112 of 184 1322 5-11-08 (Shea FlomeS/Parksicle) Adopted Findings inherently hazardous. Given that the applicant has chosen to implement the project despite potential including those discussed herein,.the applicant must assume the risks. Therefore,the Commission imposes a special condition which requires the applicant to assume the risk of the development. In this way,the applicant is notified that the Commission is not liable,for damage as a result Of approving the permit for development The condition also requires the.applicant to indemnify the Commission in the event that third patties bring an action against the Commission.as. A result of the failure of the development to withstand the hazards. In addition;the condition erisures.that future owners of the Owners of the proposed multiple lots:willbe.informed of the risks. and the Commission's immunity from liability, As conditioned,the Commission,finds the proposed • project is consistent with the hamdpolicies of the certified LCP and with Section 30253 of the Coastal Act for the work within the flood.control channel. 6. 1-Iatards—Special Conditions As discussed aboye:,the subject site is subject to risk from flooding;liquefaction;tsunami,.and . future sea level rise. However,the proposed project has been designed to mitigate these risks by incorporating.measures including construction of the VFPF,upgrades to the Co5 north levee, extensive storm drain system improvements,overexcavation arid recompaction of soils,sand other design features. Special Condition Nos. 19 and 20:are imposed that require the applicant to conform to the geotechnical consultant's recommendations and to assume the risk.of development. In addition, Special.Condition}To. 26 requires the applicant to monitor groundwater elevations and: subsidence along the northern property line and at the southeast corner of the site;to cease work should settlement be observed,and to implement mitigation mdathlreS through a subsequent permit amendment, Therefore,:as conditioned,the Commission finds the proposed development to.be consistent with the hazard policies of the certified Lcp,and with Section 30253 of the.Coastal Act for those portions of the located within the flood.control channel,which requires that risks be minimized. I. Water Quality- Section 30230 of the Coastal Act requires that.marine resources be maintained enhanced,and where feasible;restored. Section 30231 of the Coastal Act.requires that the biological productivity and quality of coastal.waters be protected. The City's certified LUP iriciudds-policies that reflect the requirements of 30230 and 30231 of the Coastal Act. III addition,t4.certitiod.I.,CP.specific to the subject site requires that future site development include a Water Quality Management Plan.as follows: "Water Quality Management Program consistent with the Water and Marine Resources policies-of this Coastal Element. If development of the parcel creates significant amounts of directly connected impervious surface more than:10%):or increases the volume and • velocity ofrunofffrom the site to adjacent coastal waters, the development shall include a treatment control BAP or suite of iikiPsthat will eliminate, or minimize to the maximum extent practicable, dry weather floiv:generated.by site development to adjacent coastal waters and treat runofffrom.atleast the 8.511'.percentile storm event based on the design 97 Document Number: 20150.00383684 Page: 113 of 184 1323 5-11-068(Shea Homes/Patkside) • Adopted findings criteria:of the California Association of Storinwater.Agencies(CASQA)BMP handbooks, with at least a 24 hour detention time. Natural Treatment Systems'such as wetland detention systems are preferred since they provide additional habitat benefits, reliability and aesthetic values," • Developrnenthas.the potential to adversely impact.coastal Water quality through-the removal of native vegetation,increase of impervious surfaces,increase of runoff erosion,and:sedimentation, introduction of pollutants such as petroleum, sediments,metals,cleaning products;.pesticides,and other pollutant sources. The'50.acre project site is currently undeveloped. Under'.existirig conditions,no runoff leaves.the site during most rainfall events: Howevers installation of impervious surfaces and activities. associated-With residential development.and related hardscape.represent a potentially:significant impact to water quality downstream ofthe project,which:include the Inner and Outer Bolsa Bay, Muted Tidal.Pocket,wetlands;Huntington Harbour;and Anaheim Bay Wildlife Refuge:'These downstream areas.are likely_to suffer increases:in water quality impairment when'site development produces greater volumes;and'velocities of runoff as well,as introducing increased pollutant loads. It'is-importantthattheproposed.development addresses-potential-adverse'impactsarising due'to post development into the channel.and significant water bodies downstream.. This is especially true because little or no-runoff currently leaves the site during.most rainfall events, To address these water quality concerns; and as required by the.certified LUP specific.to the subject: site,and to protect water quality as required by the water quality policies of the certified.LUP,a. Water Quality Management Plan(WQMP),prepared by Hunsaker&Associates and dated 9111/09. has;been proposed by the applicant in conjunction with the proposed site'development. The WQMD includes BMPs to prOteotiand.enhanCe water quality at the subject site.and surrounding vicinity, The WQMP includes.site design, source control(both structural and non-structural), and treatment control.BMPs: Site design.BMPs.to be incorporated into-the project include conservation of natural areas;use of' pervious trails within thepassive and active:parks;use of native and drought-tolerant landscape materials and efficient irrigation practiices;minimization of area covered by streets(narrow,shorter streets;with smaller cul-de-sacs);and use of energy dissipaters at the outfall into the NTS tb reduce scour and-remobilization'of accumulated'sediment and pollutants. Non-structural source-control BMPs.to be incorporated into the project include:HOA requirements in the CC&Rs to: 1)provide water quality education and information to Owners.and occupants of the project;2)provide trash management and litter control procedures, 3)maintain;inspect and clean all drainage:systems,streets,and-catch basins on the.property prior to storm season,4) provide and maintain efficient irrigation and proper landscape practices;5)provide maintenance of all erosion control devices on the property. Other non-structural source control.BMPs proposed include:limiting use of fertilizers and pesticides;employee training so that employees are made aware of the required BMPs;regular street sweeping provided by the City once the public streets have been accepted. • Document Number: 2015880383684.Page: 114 of 184 1324 • • • 5-11-058.(Shea Horn:es/Parkside) Adopted Findings Structural source control.BMPs proposed include:. catch basin:stenciling informing people that the, basin draint to the.ocean,Water.efficient landscape and irrigation practices including water sensors and use of programmable irrigation titries,and for common area landscaping-planting material with similar water requirements together to.reduce excess irrigation runoff and promote surface infiltratiOn: • Proposed treatment BMPs include:. 1. CDS EqUivalentlinits • Installation.of two storm Water treatment devices(CDS'or equivalent)are proposed toremove trash, debris,.and coarse sediment from onsite and offsite dry weather nuisance flows and first.flUsh flows. Flows discharged from Cabo del Mar and the project site will first peas through an onsite CDS (or equivalent),unit located near the intersection of Streets.:B.apti.0 prior to flowing offsite via storm drain pipe crossing tinder the control channel to.the Slater Channel forebay. -The second CDS unit will be located off site the Slater Pump Station, The Slater Pump Statiohishicatect.at the. downstream end of the Slater Channel, immediately across the channel from the project site A. portion of the flows from.the Slater Forebay will be directed through the second CDS unit,and then - will be pUmped back onsite into the two-cell NTS and/Or.onsitewetlands.. 2: Natural Treatment:System/Wetland:Restoration In approving the LUP amendment for the sub*t.site,the.Cemmission fOund:: • The subject site represents an&collent opportunity to incorporate'a natural treatment • system, such as awetland detention system. There are.multiple benefits from natural treatment systems suchas pollutant removal, groundwater recharge,habitat creation, and aesthetics. Furthermore, maintenance',weds are typically more apparent andlessfrequent with natural/vegetative treatment systems and thus are more likely to'remain effective than mechanical systems such as storm drain inserts and the like which can become clogged and otherwise suffer mechanical difficulties. If wchanical treatment control BMPs are not . continually'maintained they will cease to be.effectiye,'.and.consequently-water quality protectionwould not be maximized . As-Stiggested in the LUPA findings'cited above, a Natural Treatment System(NTS)is proposed. The proposed NTS-system will c:onsist of two sediment forebays,.two.wetland cells both with.7 to. 10 day residence times for dry weather flows,and 1-day residence time for storm flows,and a gravity discharge of treated flows to the EGGW Channel via gravity.flow. At a minimum,the system.is designed to treat wet-weather flows up to the:85:th percentile The system is designed to. 'treat a 24-hour rainfall event'from the project site by the two cell wetland treatment system. Theproposed NTS storage volume is 3,05 acre-feet. Based aMethod 2 for.a Volume-based.BMP, the WQMP required.size is 2,10 acre-feet,which is less than the proposed storage volume. • 99 • Document Number: 20150.00383684 Page: 115 of 184 1325 • 5-11-008 (Shee Homes/Parkside) Adopted Findings The proposed.NTS System is expected to require minimal maintenance consisting of thinning of existing vegetation,removal of exotic plant species and removing excess Silt buildup—every 540' years for the forebays, and every 10-20 years for the treatment ponds(i e.wetland cells). Other than that,the areas Will be lain a"natural" condition and are only expected to be disturbed in the event of problems such aS the:heed to remove invasive species or for vector management per :Orange County Vector Control. The proposed NTS wetland cells will indlude shallow areas between zero to two feet deep that can support the growth of emergent Wetland plants,primarily cattails and bulrushes. The top of the berms will be planted With saltgrass and pickleweed and the back slopes.of the berms will be planted with paleweed. Some areas of the proposed NTS will be deeper open water areas about four to six feet deep that are designed tO trap coarse tedinients;help maintain uniform flow through the marsh(wetland cells),and aid in pathogen renioval. This range of depths is expected to create more diverse habitat within the NT$wetland cells, The berms of the proposed NTS will be used to support various types Of wetland plants. The berms will provide for the establishment of approximately 0:50 acre of similar wetland habitat as the nearby CP piCkleweed and.saltgrass Wetland habitat. In addition,the ptOPOSed NTS would provide an additional 4 acres Of Open'water and wetland area. The NTS freshwater wetland habitat in close proximity to the salt marsh areas is intended to provide AA enhanced system from a regional perspective. Proposed Lot X, which:contains the NTS,is proposed to be dedicated in.fee tothe:City of Huntington Beach for water quality purposes. 3. conclusion---:Water Quality The benefits of theproposed WQMP must be implemented as proposed inOrder tci aSSure that water quality will be protected as required by the water quality policies of the certified LCP. Therefore, the Commission imposes a Special Condition No. 18 that requires that the WQMP be implemented as proposed. Only as conditioned can the proposed project be found to be consistent with water quality policies of the certified LCP. J. Density The developable area of the subject site was determined based on the presence of on-site wetlands including wetlands that were filled without Commission authorization,ESHA,and necessary buffer areas. AlsO considered in determining the developable area:was the need to miniinizehazards, promote public access,preserve cultural resources, and promote Water quality,as described in greater detail previously in this report and in the Commission's findings for denial as submitted and approval if modified of the City's LUP amendment request•1-06(incorporated AS though fully set forth herein). Based on all these considerations,the eastern portion of the site was determined to be developable, Consequently,the subject site is land use designated(via LCPA HNB-MAJ-1-06)and zoned(via LCPA HNB-MAJ-2-10)for low density residential development. When the Commission approved with suggested modifications the land use plan amendment for the subject site it included a suggested modification that allowed the City to apply either the iU Document Number: 2016uu0383684 Page: 116 of 184 1326 5-11-068 (Shea Homes/Parkside) Adopted Findings • (Residential:Low,maximum of 7 units per net acre)or the R/yf(Residential Medium,from 7 to a maximum of 15 units per net acre)designation to the 26:5 acre developable portion of the site. The intent of allowing a higher density at the site was, in part,to provide the option of concentrating development consistent with Section 30250 of the Coastal Act which encourages residential development to he concentrated in areas able to accommodate it In the end;the City chose to certify the developable pprtion.of the site with a lowderisity designation;consistent with.the Commission's range of options. Under the low density residential designation(up to 7 Units per acre),the site could allow up to 185 units within the developable,residentially zoned area(26.5 acres x 7 units/acre= 185 units). The subject project proposes 111 single family residences, Low density residential development is the preferred density by the City for this area and site Recently, the City and Commission approved an update to the City's Downtown Specific Plan(DSP). The DSP covers the area inland from the City's pier surrounding Main Street The approved Downtown Specific Plan update(Huntington Beach Major LCPA NO. 1-10,approved by the Commission on June 15,2011)iincreased the density in portions of the DSP area:. The City preferred the increased density in this area because it is a mixed use area(commercial,office,residential),served by alternate modes Of transportation, The City does not feel the subject site offers the same opportunities needed for higher density residential,development In any case;'as described above;the proposed residential development type and location,is consistent with the certified LCP with regard to protection of coastal resourees. Moreover,the proposed project's density is consistent With the density allowed at the subject site by certified LCP. Therefore,the commission finds the proposed project is consistent with the City's certified LCP regarding site:density. • K. Unpermitted DeVetopment • The project site includes areas where violations of the Coastal Act have,occurred.The violations . consist of unpermitted grading resulting in fill of the wetland known as the EPA wetland and a 0.4 acre portion of the wetland known as the CP wetland,as well as adjacent areas. On September 13, 2012,the Commission issued Consent Cease and Desist Order NO. CCC-127CD-10 and Consent Restoration Order No. CCC-12-R0-10,("Consent Orders")to resolve the Coastal Act violations. While Shea Homes does not admit to any wrongdoing Or any liability under the Coastal Act on the subject property;it has nonetheless agreed to,through Consent Orders and independent of the Commission's action on this application,resolve the issue of unpermitted grading and fill by, amongst other things,rernoVing unpermitted fill,from wetlands on site,restoring the 4 acre EPA wetland,restoring the 0.4.acre portion of the CP wetland,and providing for additional wetland restoration. The Consent Orders are designed to be complementary to any work which may be authorized under this CDP application;portions of the wetland restoration;enhancement,and ereation envisioned by the terms of the Habitat Management Plan will be addressed by the permit conditions, in addition to the Consent Orders, However,that does not affect the independent nature of each set of requirements. Commission action on this application in no way limits the responsibilities Shea . Homes has under.the Consent Orders, 101' Document Number: 2015000383684 Page: 117 of 184 1327 . . . . • 5-11-068 (Shea HOMeS/Parkside) .• Adopted Findings • Although impair-fitted development has occurred on the projectSitc,consideration of the application . by the Commission is based solely on Chapter 3 policies.of the Coastal At:and applicable policies of the•certified Huntington Beach Local.coastal.Program,: • L. Local CoAgtalPrograni Section 30604(a)of the Coastal Act states: • Pilot!tO Certification of the Local Coastal Program,,a Coastal DeyelOpment Permit shall be issued Vthe issuing agency, Or the Commission on,appeal,finds that the proposed development is in conformity:with the provisions ofChapter (commencingwith Section 30200)of this division and that the permitted development will nOt prejticliee the ability of the local government to prepare a local coastal prograM that is in conformity with the provisions of Chapter 3(cpmmgncing with Section 30200. • The LCP for the City of Huntington Beach,minus two geographic are.a.s Was effectively certified in March 1985.. The:tWO geographic areas that were deferred certification Were the subject site (known at that time as the MWD•site),and an area inland of Pacific CoastEighway between Beach Boulevard and.the Santa Ana River mouth(known as the PCH ADC), Both of the ADCs were, deferred certification due to unresolved wetland protection issues. TheIPCH ADC was certified by the Commission in 1995. • An LUP amendment for the subject site was apprOved with suggested modifications by the Coastal Commission on November 14,2007. The City accepted the suggested modifications and the LI.JP amendment was effect-Neb./certified in August of 2008, Ai Implementation Plan.athenditent • (1-1NB:-MAJ-2-10)for the subject site was approved with suggested itiOdifidations.by'the Coastal Commission on October 15,.20.10. The City has accepted.the suggested modifications,the - Commission concurred with the Executive Director's determination that the City's action was legally adequate on November 3;2011, and the subject site is now effectively certified. The subject site was the City's final area of deferred certification. Certification in this area was deferred due tO issues of wetland protection. However,as discussed above,this former ADC is now effectively certified. As described above,the proposed development,as conditioned,will protect wetland, ESFIA, and habitat on site,will promote public access and recreation,is consistent with the hazard,water quality,cultural and resource protection policies of the certified LCP In portions of the proposed development are located,within an area of the:Commission's retained jurisdiction,the tidally influenced flood control channel. This portion of the.proposed project,.as conditioned,has been found to be consistent with the hazard,water quality,and flood protection policies Odle Coastal Act. In addition,the subject is located between the first public road paralleling the sea and the sea,and the proposed project, as conditioned,has been found to be consistent with the public access and recreation policies of both the City's certified LCP and the Coastal Act. • • Document Number: 20151:10383684 Page: 118 of 184 1328 541-068 (Shea Homes/Parkside) Adopted Findings M. California Environmental Quality Act Section 13096 of the Commission's regulations requires Commission approval of Coastal Development Permit applications to be supported by a finding showing the application,as conditioned by any conditions of approval,to be consistent with any applicable requirements of the California Environmental Quality Act(CEQA). Section 21080.5(d)(2)(A)of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation Measures available;which would substantially lessen any significant adverse effect whiCh the activity may have on the environment. As conditioned,there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the enVitoriment. Therefore;the Commission finds that the proposed project, as conditioned to mitigate the identified impacts,is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to eonform to.CEQA. The City of Huntington Beach,the lead CEQA agency for the project,approved an Environmental Impact Report(EIR)for the project(EIR No. 97-2)in 2002. In 2009,the City approved an Addendum EIR, tb EIR No. 97-2 in.2009. • 5-11-068 Parksidd Adopted findings 12.14 my • 103 Document Number: 20150.00383684 Page: 119 of 184 1329 5-11-088 (Shea Homes/Parkside) Adopted Finding's Appendix.A Substantive: File Documents Coastal Development Permit Application 5-11-0.68 Parkside,Shea Homes Findings for denial as submitted of City of Huntington Beach Land Use Plan Amendment NO. 1-06 as`SObitiitted.(HNB-1.,CPA-1-08), May 10;2007; • Findings for approval if'modified of City of Huntington Beach Land Use Plan Amendment No. 1-06(171NB LOPA 1-06), NOvember 14; 2007:: Findings for approval if modified of City of Huntington Beach Implementation Plan Amendment 2-10 (HNB-LCPA 2-10), on October 13, 2010;. City of Huntington Beach certified Local Coastal PrOgrarn •Habitat Management Plan, prepared by LSA, Inc. revised September 2011; Water Quality Management Plan (WQMP), prepared by Hunsaker&Associates, dated 9/11/09, including the recommendations by GeoSyntec in the document titled Parkside Estates, Tentative Tracts 15377 and 15419, Water Quality Evaluation (Final), dated: February 2009, and attached as Appendix E to the WQMP; PUblic Trails and Access*Plan Map, prepared by HSA, dated 1/11/10; Biological Assessment. Prepared for the,Parkside Estates Property; Huntington Beach, Orange County, CalifOrnia, prepared by LSA Associates, dated September 2009 Wetland Delineation prepared for the,project site by Tony BOrnkamp, Glenn Lukos Associates, dated September 1, 2009. Wetland Delineation prepared for the project site by Tony Bomkamp of Glenn Lukos Associates, dated April 20, 2012. Pacific.Soils Engineering (November 25, 2008) Updated.Geotechnical Report and 40- Scale Grading Plan Review, Parkside Estates, Tract 15377, City of Huntington Beach, California; • Pacific Soils Engineering (February 5, 2009) Response'to City of Huntington Beach, Review Comment, Tentative Tract Maps 15377 and 1541% Parkside Estates, City of Huntington Beach, California; Pacific Soils Engineering (May 28, 2000) Update of GroUndwater Monitoring Program, Parkside Estates,.City of Huntington Beach, California; • • Document Number: 201M383684 Page: 120 of 184 1330 „ . 6-11-068 (Shea Homes/Parktide) Adopted Findings Pacific Soils Engineering (September 14, 2009) Cover Letter to Accompany DeWatering Review, Tentative Tract Map 15377, Parkside Estates, City of Huntington Beach, California; Pacific Soils Engineering and Hunsaker&Associates (September 1, 2009):Rough Grading Plan for Tentative Tract 15377 and Tentative Tract 15419; Approval in Concept 9/4/09, Planning Division, City of Huntington, Nine Sheets; Hunsaker&.Associates (9/18/09) Orange County OC Public Works.Department, Plans for Construction of a portion of East Garden Grove—Wintersburg Channel, OCFCD Facility No. C05 from 2100 feet downstream of Graharn.St to Downstream of Graham St. and Vegetated Flood Control Facility (VFCF)from North Side of Wintersburg Channel to 600 feet North otWiritersburge Channel, Nine Sheets; Hunsaker&Associates (9/18/09)Storm Drain Improvement Plans for Tract 15377, 2 Sheets; Hunsaker&Associates (1/12/10) Rough Grading Plans; Hunsaker&Associates(5/20/11.) Orange County OC Public Works Department, Plans for Construction of a portion of East Garden Grove—Wintersburg Channel, OCFCD Facility No. C05:from 2100 feet downstream of Graham St to Downstream of Graham St. and the Vegetated Flood Control Feature (VFPF)from North Side of Wintersburg Channel to 600 feet North of Wintersburg Channel, Nine Sheets; LSA Associates; 1ti , (July 14, 2011) Revised:Geotechnical and Archaeological Monitoring Report, Project NO, SHO1001 Phase 1; Alta California Geotechnical, Inc. (July 2102011)"Transmittal of Fill Removal and Replacement Detail,Vegetated Flood Protection Feature, Parkside Estates”, "Geotechnical and Archaeological Monitoring Report",by Deborah McLean,LSA Associates,Inc., dated April 27,2011. "Revised Response to Questions Regarding the.Potential for Cultural Resources Outside of Archaeological Site CA0.RA,83/86/144 on the Shea Homes' Parkside Estates Property, Huntington Beach,California",by Deborah McLean, LSA Associates,Inc:,dated June 15,2011. "Analysis of Bone.Fragments Recovered from Shea Homes'Parlcside estates Project;City of Huntington Beach, Orange County,California",by Deborah McLean,LSA Associates,Inc.,.dated July 20,2011.: LOCAL APPROVALS RECEIVED: City of Huntington Beach Approval, dated 9/14/09 and 5/11/10; County of Orange Approval in,Concept, dated 2/5/10; City of Huntington Beach Fire Department Memo;dated 12110/09. 105 Document Number: 2015000383684 Page: 121 of 184 1331 • 5-11-068 (Shea Homes/Parkside) Adopted Findings APPENDIX B 5,11-00 (Parkside/Shea Homes) June:2012 Documents Reviewed by Staff Ecologist in Conjunction with Subject Parkside Projeett: Barnes,J,R. (City of Huntington Beach). January 8, 1998:.. Letter to T.Dickerson(CDFO)re: "Request for comment on Shea HomeS property wetlands statns." Bilhorn,T.W.(Earth Science Constiltant)t September 1986a, SeasOnal-variations in the extent of' ponded surface water in the Bolsa Chica lowland;Orange County,California. A report to Signal Bolsa Corporation. Bilhorn,T.W. 1986b; Shallow ground water system of the Bolsa Chica lowland, Orange County, California. A report to Signal Bolsa Corporation, Not held;Cited in Sanders(1987)and EPA(1989).1 Bilhorn,T.W.. June 1987. Agricultural area delineation,Bolsa Chica,Orange colitty,California. A report to.Signal Balsa Corporation. Bilhorn,T.W.February 25, 1995. Hydrology arid cartography,Bolsa Chica Area,California. Supportive information to a Section 404 delineation. A report to alt.Sanders&Associates'. Bilhorn,'LW.June 2S,2007..Memorandum to.1::Dixon(CCC)regarding; "Bolsa Chica 'Agricultural' Area JUriSdictional'Wetlands Delineation." 'Bixby,M. 2005. Ponding at:Shea Parkside. A website containing ground-level and aerial. photographs of the agricultural area and the former county parcel owned by Shea Homes .(http://wwvv.bixby.org/parksideftnultimedia/ponding/index.html). Bixby,M.D. June 27,2007.Letter to M.Vaughn(CCC)and California'Coastal.Commissioners regarding raptor foraging and raptor maps. Bixby,Mark, May 2$,2012,Letter to Chair Shallenberger;members of the Commission,and staff regarding additional wetland acreage. Bloom,P.H. (Raptor BiolOgisq. June 5,2002. Letter to J.Dixon(CCC)regarding white-tailed kites and golf courses. Bolsa Chica Land Trust. June 3,2012.Letter to Chair Shallenberger and members of the Commission: 106 Document Number: 2015000383684 Page: 122 of 184 1332 ' • • 5-11-068 (Shea Homes/Parkside) Adopted Findings Bornkatnp, T (Glenn Lukos Associates). May 7, 2005 a. Memorandum,to J. Dixon (CCC) re: "Areas requiring clarification within May 4, 2005,technical memorandum regarding application of atypical situation methodology for Parkside Estates, Boinkamp,T June 8,20Q5b. Letter to L Dixon(CCC)re;"Analysis of'Atypical Situation' methodology and hydrology on the Parkside Estates site,based On historie and existing conditions." Bomkamp,T.and.S.Young(Gleim Lukos AssoCiates). March 23,2005. Memorandum to M.Vaughn and J. Dixon(CCC)re "Explanation of apparent contradiction between photographic evidence provided by Mr.Mark Eixby relative to ponded areas on the Shea nomes.Parkside Estates site and the January 6, 2004 wetland determination(WD)prepared by Glenn Lukos Asaociates." Bomkamp,T.,S.Young, and L Harrison(LSA). May 4,2005, Memorandum to J.Dixon and M. . Vaughn(CCC)re: "Application of'Atypical:Sititation'methodology to City Parcel, Parkside Estates project site;Orange County, California" Bomkamp,T. (Glenn Lukos Associates), (February 22)2006a. Memorandum to J1 Dixon and M. Vaughn(CCC)ret"Summary of:Alpha, alpha-dipyridyl Testing for WP Area,AP Area and County Parcel at Parkside Estates." Borrikamp,T.(Glenn Lukos Associates). (March 30)2006b.,Memorandum to J.Dixon and.M. Vaughn(CCC.)re:"Alpha,alpha-dipyridyl Testing for WP Area,AP Area and County Parcel between February 24 and March 28,2006 at Parkside Estates." Bomkamp,T.(Glenn Lukos ASsoeiateS). (June 5)200.6c. Memorandum to J.Dixon(CCC)re: "Expanded Discussion of Alpha,alpha-dipyridyl Testing Procedures." Bomkamp,T. (Glenn Lukos Associates). (June 26)2006d. Memorandum to J.Dixon(CCC) re"Additional information for Parkside prepared in response to [3. Dixon's] June 9,2006 email." • Bomkamp,T. (Gelim Lukos Associates)and A.Homrighauseri(LSA). February 16,2006. Memorandum to J.Dixon(CCC)re:"Alhpa,alpha-dipyridyl Testing Methodology." Bomkamp,T. (Gelnn Lukos Assoc.),N.Jordan (Exponent),R.Ray(Exponent): May 15,2006. A technical Memorandum to J.Dixon and M.Vaughn(CCC)re: "Additional data regarding differences between County parcel and"AL"and"WP"areas,Parkside Estates." Bomkamp,T. (Glenn Lukos Assoc.) 2006: Letter report to J. Dixon(CCC)dated October 31,2006 regarding:"Water balance/budget for WP and CP and evaluation of vegetation in WP and AP using Pevalence Index." Bompkarnp,T. (Glenn Lukos Assoc.)2007. Letter report to J. Dixon(CCC)dated Ottober5,2007 regarding:"Water balance/budget for EPA area."' 107 Document Number: 2015000383684 Page: 123 of 184 1333 5-11-068 (Shea HOmes/Parkside) Adopted Findings Bomkamp,T.(Glenn Lukos Associates). September 1,2009, Letter report to R.Metzler(Shea Homes)regarding"Updated wetland delineation for Parkside Estates,(Tentative Tracts 15377 arid 15419)Huntington Beach, Orange County,California!' Bomkamp,T (Wenn Lukos Associates). April 20, 2012. Addendurn to Parkside Estates Wetland Delineation Report dated September 1,2009. - M„14.Dybdahl,and K.Austrian(Shapiro and Associates)., April 27, 1981. final Bolsa Chica Vegetation Study. A report prepared for the U.S:Army Corps of Engineers,Los Angeles District: Castles,1.B. (Pacific Soils Engineering). March 29,200: Letter report to R.Metzler(Shea Homes)re:"Update of Groundwater Monitoring,Parkside Estates,Tract 15377,City of Huntington Beach,California." CDFG. c. 1981. Figure 1.7. to an unknown report: CDFG Wetlands Determination Map. Graphic based on compilation of four individual maps drawn on 10/7/131. . . . CDFG. 1981. Determination of the status of the-Bolsa Chica Wetlands, A report submitted to the California Coastal Conimission,on December 11, 1981. Dillingham CorpOration, 1971. An environmental evaluation of the Bolsa Chica Area,Volume 1. Division of Water Resources,California.Department of Public Works. 1942.Use of water by native vegetation. Bulletin 50. EPA,Region.DC February 1989. A determination of the geographical extent of waters of the United States at Bolsa Chica,Orange County,California. Erickson,R. (LSA). November 13,2006. California grtatcatcher use of the Parside Ettates Property. Memorandum,to J.Dixon and X. Schwing.(CCC). Exponent. 2006a. Water availability estimate for,CP pre-2005 area. A technical memorandum dated October 31,,2006, Exponent. 2006b. Water availability estimate for WP pre-2005 area. A technical memorandum dated October 31,2006, Feldmeth, C.R. (Ecological Consultant). August 5, 1991. Letter to 1.-Brose(Koll Co.)re:current characterization of the MWD property. Findlay, C.S. and J. Houlahan. 1991,Anthropogenci correlates of species richness in southeastern Ontario wetlands: Conservation Biology 11:1000-1009 Fontaine,J. (Trestles Environmental Corp.). June 29,100. Letter report to M. Stirdivant(Bolsa Chica Land Trust)re"Assessment of'Delineation of Wetland Subject to U.S.Army Corps 18. Document Number: 201 01 uut/383684 Page: 124 of 184 1334 5-11-068 (Shea Homes/Parkside) Adopted Findings of Engineers and California Coastal Commission Regulatory Authority"Prepared by 1.,SA Assocaites,Inc.. May 21,2002," Fontaine,J. (Trestles Environmental Corp.). Jtnie 29,2005. Letter report to M. Stirdivant(Bolsa Chica Land Trust)re"Technical analysis regarding'the jurisdictional delineation and other technical memorandum(sic)prepared for the.45-acre 'city portion'of the Shea Homes property in Huntington Beach, California." Fontaine,J.(Trestles Enviromnental Corp). (June 29)1005a. Letter to M. Stirdivant(Bolsa Chica Land Trust)re"Technical analysis regarding the jurisdictional delineation and other technical memorandum(sic)prepared for the 45-acre'city portion' of the Shea Homes property in Huntington Beach, California. Fontaine,J, (Trestles Environmental Corp.). October 8,2.005. Letter report to M. Stirdivant(Bolsa Chica Land Trust)re"Review of 1987 Huffman report and letter of conclusions for Wetlands on the Sliea property in Huntington Beach,California." Fontaine,.J. (Trestles Environmental Corp.). June 12,2006'. Letter report to M.Stirdivant(Bolsa Chico:Land Trust)re"Review of aLA 2006 hydrio soil analysis and other comments of January 2006:J.Dixon letter regarding the:Shea Homes property in HUntington Beach, California" Frank Havore&Associates. December 10, 1997. Biological resources assessment, Shea Homes property,project#6N153.01,Huntington Beach,California. Frank Radniacher Associates. November 18,2008(Latest revision: January 7,2010). Parkside Estates°Vera Landscape Plan. Froke,J.B. October 10,2002. Conservation of white-tailed kites at Dos Pueblos golf links in Santa Barbara County, California. A report submitted to Culbertson,Adams&Associates. Gill,J. (ACOE). May 20, 1992. Letter to Beveridge.&Diamond,P.C. declaring the MWD property to be"prior converted cropland"and not jurisdicational under Section 404 of the Clean Water Act. Glenn Lukos Associates. January 7,20.04. Raptor Usage and Nesting Study. Glenn Lukos Associates. May,2006. Summary of technical papers relative to possible wetland status of portions of the Parkside Estates site known as"County Parcel"and the"AP"and "WP°areas. A report submitted to the CCC. Glenn:Lukos Associates. June 2006. Parkside Estates Summary of Alpha-Alpha Dipyriclyl Testing Data jarMary-May 2006. A tabular data sheet submifted alone. 109 Document Number: 2015000383684 Page: 125 of 184 1335 S-11-068 (Shea Homes/Parkside) Adopted Findings • Glenn Lulcos:Associates, September 2,2009. :Integrated pest management plan for Parkside Estates. A report to Shea Homes. Hamilton,D.(Exponent). 2007. Water availability estimates for the.EPA area at the Shea Homes property. Artechnidal Memorandum dated October 5,2007 prepared for R Metzler(Shea Homes) Harrison,I.(LSA). December 8,2000, Letter report to R.C.Metzler(Shea Homes)re:"Habitat analysis;Parkside Estates Tentative Tract No, 15419(County Parcel);Orange County;California." Harrison,J.And.A.Hotnrighausen(LSA). January 2,200. Letter report to R.Mettler(Shea 1-lomes).re"Disturbance by agricultural tenant on She Homes property in the County.of Orange." Harrison,J.(LSA). November 10,2006. Results of focused Southern tarplant(Centromadia parryi asp.austria(is)gurvey,Parkside,Bstates project site,Huntington Beach,California: Hewitt,R.S. (Natural Resources ConserVation.Service). November 20, 1998. Letter to J.Barnes. (City of thintingtoit Beach).concurring,with the Corps'-s.designation of the wetlands on the agricultural parcel of the.Shea property as"prior converted cropland." Holmes,T. 1993, Behavioral responses of grassland raptors to human distnrbance. M.S,thesis. Colorado State University,Fort Collins, Colorado. Cited in‘Q.R. Craig(ColOrade Division. of Wildlife). October 20, 1998. Recommended buffer zones and seasonal restrictions for Colorado rapteors: Obtained from the Colorado.Division of Wildlife Research Center Library.. Holmgren,M.A.(UCSB). June 7;2002. Memorandum to J.Dixon(CCC)regarding sensitivity of white-tailed kites to disturbance Homrighausen,A.and R.Erickson(LSA), November 23, 1999. Letter report to S.Rynas(CCC) rei 'Buffer design for Bolsa Chica Eucalyptus ESHA." Homrighausen,A. (LSA)'. March 23,2005. Letter report to M.Vauglin(CCC)re:"Technical response to February 28,2005, California Coastal Commission letter,Coastal Development Permit application No. 5-03-029(Shea Hornes)" Homrighausen,A. (LSA). September 15,2005. Letter report to J,DixOri(CCC)re: "Parkside Estates Project: HNB.LCPA No. 1-05 arid COP Application No. 5,05,256,Technical Response.to Staff Analysis Presented at Meeting of June 30,2005." Homrighausen,A. (LSA);T.Boinkamp(GLA),and M.Josselyn(WRA). 2007. Memorandum,to S. Sarb(CCC)dated JUne 12, 007 regarding: "Historic'EPA area' on Parkside EStates, Huntington Beach,Huntington 3each,Huntington Beach.LCPA 1-06." Document Number: 2016A38$684 Page: 126 of 184 1336 , 5-11-068 (Shea HoMes/Parkside) Adopted Findings • Homrighausen,A, (LSA),T.Boritkamp,pew Lukos Associates)and M. Josselyn(WRA). June 12,2007.Memorandum to S. Sarb and.M.Vaughn(CCC)regarding::"Off-site drainage into Parkside Estates'EPA area'" Homrighausen,A. (LSA). 2007. Letter to M. Vaughn(CCC) dated July 7,2007 regarding:."-Buffer distance for northern eucalyptus trees." Huffman,.R.T. 1987. A report on the presence of wetland and other aquatic habitat.s within the • Bolsa Chica lowlands. A report to the USEPA,Region IX, San Francisco,California. Hunsaker&Associates May 20,2004: Site topography comparison: 1996 to 2003, Appendix D: to an unspecified.Montt. . • Hunsaker Associates.. 2009a. Wall and.Fence Plan. A plan sheet dated September 1,2009. Hunsaker Associates. 2009b: Public Trails and Access Plari.A plan sheet dated September 8, 2009. Jordan,N.M. (Eiponent). (February 22)200.6a; Frequency analysis of precipitation and pending at. Parkside Estates. A repOrtiirepared for Shea Homes, Jordan,MM.(Exponent).. (February 22)2006b. Correlational and frequency analysis of ground'water at Parkside Estates, A report prepared for Shea Homes. Josselyn,M (June 24)2006a. Biogebchemical processes and their significance for making a Coastal Cotrunissiori wetland determination at Parkside. A report submitted to the CCC. Josselyn,M.(June 29)2006b. Memornadum to.J.Dixon:(CCC)re:"Response to question concerning alpha,alpha,dipyridyl:" Antic,R.M, (CDFG), October 16,2000. Letter to $.Hansch(CCC)regarding the probable effects of development on raptors at Bolsa Chcia Mesa. Kegarice,L.M. (Tom Dodson&AssoicateS), December 17,1997.Letter report to J.Morgan (EDAW lite.)re: "Verification/update of wetland determinations for't"Tiil 5377" LSA Associates. C.January 14,2000.. an examination of raptor flushing distances at the Bolsa Chica Eucalyptus Grove BSHA in early January,2000. A report to Heaithside Homes. LSA. May 21,2002. Delineation of wetlands subject.to U.S,Army Corps of Engineers and. California Coastal COnuniSsion regulatory authority. Parkside Estates Tentative Traci No. 15419,County of Orange;California: A report to Shea Homes. LSA. Attie,2005.. Excel database(20050719_58-Q5 PRECIP ONLY,XLS)containing precipitation data for Los Alamitos (station 170; 1958-2003)arid Costa Mesa(Station 219;2003-2005). 111 • Document Number: 20150.00383684 Page: 127 of 184 1337 A . 5-11-008 (Shea Homes/Parkside) Adopted Findings LSA Associates. September 2009, Biological Assessment. Parkside Estates property,Huntington Beach, Orange County, California: A report to Shea Homes. LSA Associates. September 2009. Conceptual habitat management plan,:Parkside Estates. A. report to Shea Homes. LSA Associates. January 2010, Habitat Managetnent Plan. Parkside Estates.. A.report submitted to Shea Homes, Metzler,R. (Shea Homes): June 20,2007: Letter to Chair in Kiier(CCC)and Executive Director Douglas(CCC)concerning allegations made by members of the public during the May 10, 2007 CCC Hearing concerning the Thintington.Beach LCPA(1416), Milroy,T. 1973, Flora and Fauna: Pages 22—84 in Environmental Impact Reports,Inc. Draft Environmental Impact Report Tentative tract 7495,Huntington BeaCh,California. Pacific Soils Engineering;Inc. February 2; 1998. Preliminary geotechnical investigation,proposed residential development Tentative Tract 15377,City of Huntington Beach, California and Tentative Tract 15419,County of Orange; California: A report to Shea Homes Southern California,Inc. (Not held;citation from Young and Bonibkamp 2004) Radinacher Associates; September 2,2009. Landscape Plan Sheets. Rempel,R.D. (CDFG). Mardh 16, 1998. Letter to J.R.Barnes(City of Huntington Beach) concurring with the TOM Dodson report.(Kegarice 1997)that found no wetlands on the Shea site. Richardson,C.T.and C.K.Miller.: 1997.Recommendations for protecting raptors from human disturbance:A review. Wildlife society Bulletin 25(3):634-63:8. Sanders,Da, June 24, 1987, Determinatien of waters of the United States,including Wetlands, at Bolsa Chica,California. A report to Beveridge&Diamond,P.C. Sanders,D.R. October 10, 1991. Letter to R. Sater(Beveridge&Diamond,P.C.)re:"Investigation of IvfWD portion of Bolsa Chica with respect to prior-converted cropland versus farmed • wetland status." Sanders,D,R. (Wetland Consultant). December;1994. Identification and delineation of"Waters of the United States"under Clean Water Act Section 404,Bolsa Chita,Orange County, California. A report to Koll Real Estate Group. Sanders,D.R.,TW.Bilhorn, and C.R.Feldineth. April 27, 1989. Technical cominents On the Environmental Protection Agency jurisdictional determination at Bolsa Chica. A.report to Beveridge&Diamond,P.C. Sanders,DR. Ocotber 10, 1997. Biological Report. Document Number: 2015 383684 Page: 128 of 184 1338 • 5-11-068(Shea Hornes/Parkside) Adopted Findings Schaefer, C. (TA1C). March 21, 2005. Letter report to Bolsa Chica Land Trust re "Review of'Wetland determination for the Parkside Estates site in the City of Huntington Beach, ()range County, California' by Glenn Lukos Associates and 'Alternatives to Shea Parkside at Bolsa Chica' website by Mark Bixby to clarify wetlands determinations for the Shea Parkside property in fluntington • Beach,California!' • Stirdivarit,M.(Bolsa Chica Land Trust). August 3,2006: Letter tO Chairman Caldwell and Commissioners re Pailcsicie. Tippets,W.E. (CDF0),.June19,2000.Letter to D. Barlettregarding"Comments on the Hellman Ranch biological tassessment(I/6/00),burrowing owl survey(2/23/00)and subsequent COnfirination of the biological assessment(5/31/00). Van Coops,J.(CCC).2007a. Metnomadinn to J. Dixon and M.JohnsSOn(CCC)dated July 2,2007 regardingl'Aerial photo and map interpretation for Shea property(Orange Co,APNs 110- 01649 and 110.,01-6-20.,and 110-016-23)." Van Coops,J. (CCC)2007b. MemOrnaduin'toJ.Dixon and M.JohtissOri(CCC).dated October 25, 2007 regarding:"Response to the LCPA 1-06 Staff Report Comment Letter front Shea, Homes," van de HOek,R.R.(BiologiSt). October 21,2002. Report for the Bolsa Chita north-east wetland "Wintersburg Wetland" Vandersloot,J.D. October 30,2002. Letter to R.Rempel(CDFG)requesting the.Department to re- evaluate the Shea property for wetlands. U.S. Army Corps,of Engineers. September 26, 1990: Regulatory Guidance.Letter 90-07,Subject: Clarification of the phrase"normal circumstances' as it pertains to cropped welands. U.S.Fish arid Wildlife Servicel May 1979. U.S. Fish and Wildlife Service special report.:tolsa Chica Area. Prepared by Ecological.Services,Laguna Niguel,California. Walton;B.(U.C. Santa Cruz Predatory Bird Research Group). OctOber 23,2000. Letter to s. Bausch(CCC)conCerning probable effects of development On raptOrS at Bolsa Chica Mesa, White,C.M.and T:L.Thurow, 1985, Reproduction of ferrugnrous hawks exposed to controlled disturbance. Condor 87:14,22 . Wright,-W.W. (Ecologist). March 12,2005. An overview of biological resources, 'Shea Homes Property at Bolsa Chica, 17301 Graham Street,Huntington Beach, CA. A report to the Bolsa.Chica Land Trust. 1.13 Document Number: 2015000383684 Page: 129 of 1$4 1339 • 5-11-068:(Shea HOmes/Parkside) AdOOted Findings . Young, S.and T.Bom.kamp, January 2004. Letter report to R.Metzler(Shea Homes)re: . "Wetland determination for the Parkside Estates site in the City of Huntington Beach, Orange Comity, Memoranda prepared by CCC Staff Ecologist in.Conjunction with Subject Parkside Project! Wetlands at Shea Homes.Parkside; 7/27/06 • Raptor Habitat at Parkaide,7/28/06 • Natural Resources at the Parkside Property, 7/2/07 Wetland and Raptor Issues at.Shea Parkside, 10/25/07 •Shea Parkside, 10/14/09, Parkside Habitat Management.&Landscape Plans,2/11/10 AlSo reviewed:numerous aerial photos and rainfall data: • • Document Number: 2015.01t383684 Page: 130 of 184 1340 EXHIBITS 1 THROUGH 27 OF THE STAFF REPORT(EXHIBIT B)FOR CDP 5-11- 068,AS AMENDED,ARE ON FILE AND AVAILABLE FOR REVIEW AT THE CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE LOCATED AT 200 OCEANGATE,TENTH FLOOR,SUITE 1000,LONG:BEACH,CA 90802-4302. CONTENT OF EXHIBITS Exhibit 1 Vicinity Map Exhibit 2 Location Map Exhibit 3 Approved Land Use,Designations per HNB LCPA 1-06 Exhibit 4 Colored Lot Exhibit Exhibit 5 Proposed_Public AccessTlan: Exhibit 6 Proposed IIMP Restoration Plan,Revised September 2011 Exhibit 7 Subject Site Relative to BCE k&Brightwater Exhibit$ Proposed TTM 15377 EXhibit.9 Proposed TTM 15419 Exhibit 10:Existing Parcel Configuration Exhibit 11 Proposed Privacy/Sectirity Wall adjacent to Levee Trail Exhibit 12 Proposed Public Access during.Construction Exhibit 13 City of Huntington Beach letter dated March 9;2010 re CDP 5-09-182 Exhibit 14'Huntington Beach Fire Department Memo re Parkside Fuel Modification Plan Exhibit 15 Orange County Parks letter dated February 5,2010 re Levee Trail Exhibit 16 Orange County Public Works letter dated February 5,2010 AIC for VFPF and Levee Upgrades Exhibit 17 Orange County Public Works letter dated March 4,2010 Exhibit 18 LSA letter re Parkside Estates Habitat Management&Landscape Plan Planting Palette Review Document Number: 2015000383684 Page: 131 of 1.84 1341 Exhibit 19 Proposed Lot/Housihg Information Matrix(3 pages) Exhibit 20 FEMA letter dated October 6,2011 re Conditional Letter Of Map Revision (CLOW.)01,,09-393R,validity Ekhibit 21 HAI Hushmand Associates,Inc. letter dated October 3,2011 Exhibit 22 Orange County Water Distriot letter dated May 15,2012 re.Tract 15377 (Parkside)Huntington Beach—Groundwater Recharge and Storage Potential EXhibit23 Shea Homes letter dated 5/17/12(4 pages) Exhibit 24 Email correspondence from County of Orange regarding Shea Parkside flood protection feature EXhibit 25 city of HihatingtOri Beach letter dated August 31,2012,regarding the Vegetated Flood Protection Feature (VFPF)and Flood Risk Responsibility Exhibit 26 Letter from the Bolsa Chica Land:Trust dated Rine 3,2012(12 pages) Exhibit 27 Letter from Shea Homes dated June 8,2012(12 pages) Document Number: 2015000383684 Page: 132 of 184 1342 :l — ;! . STATE OF CAUFORNIA-NATURAL RESOURCES AGENCY EDMUND..G.BROWN,,JR„Gov IMOie • CALIFORNIA COASTAL COMMISSION Date:November 13,20`14 ...•��VE. south Coast Area office r��l • 200 Oceangate,suite loon . Permit Application No.:S-115tks�ai�ltg . Long Beach,CA 908024302. through 5-11�.068-A1 (s6i)s9b=s071 Pagel of 28 NOV 1 8 LU'i$ . NOTICE O:E_.INTENT TO ISSUE AMEN •DED CO .i I�► -• 4 HJ ,-,L c6ivi/YtisS10N. DEVELOPMENT PERMIT • --- (Upon.satisfaction of special•conditions) . ' .THIS IS NOT A.COASTAL DRVIl OPMENT PERMIT • THE SOLEE PURPOS OF THIS NOTICE-IS.TO'1NFOR of THE APPLICANT OF THE.STEPS ' . NECESSARY TO OBTAIN.A VALID AND EFFECTIVE COASTAE.DEVELOPMENTT PERMIT ("CDP"), A CDP for-the development described:below has been approved but is not.yet.effective, • Development ot►:the:site cannot COMinence until the CDP iseffective In ordet for the CDP to be . effective;Commission staff must issue the CDP to the applicant,and applicant must sign and return . the CD?. Commission;staff cannot issue the..CDP until the applicant Chas fulfilled each.of the"prior to.issuance".Special ConditionS.. A.Iist of all of:theSpecial CQnditions•forthis.permit is attached. • • TheCotnmissioii's apptovarof the CDP it val d for two years from the date.of approval. TO prevent • expiration of the CDP,you must fulfill the"ptiorto issuance"Special Conditions,.obtain and sign the • CDP,and commence development within two years of the approval,date specified below. You may apply for an.extension of the permit.pursuant to the Commission's"regulations at:Cal.Code Regs:title 14,. . section 13169.. •• . On October•11,2012„the California Coasta Co lmmi_ssion.approved Coastal Development Permit No.S- 11-068,requested by Shea Homes(John Vander Velde),subject to the attached conditions,for development consisting of:Subdivision resulting in the:creation'of 111 residential lots,additional dots for • roads;COnserVatibk public access and.public park'areas,construction of 111 single family"homes and • related infrastructure,.and construction.ofpublic active park;public passive.park,.public paseo park, public access trails,natural treatment.system,hab'itatrestoration,new storm drain system,new pump • , facility at the Slater storm waterpuinp station,improvements to the flood control-'channel levee,flood • • protection feature,replace sewer pymp,.and new sewer force-main.(APNs: 110-016-19 and 110-016-20, • .and 110.-01.6.-23);more specifically described in the application file in the Commission offices. Commission staff will not issue the CDP:until the"'prior to issuance"special conditions have been. satisfied. • - The development is within the coastal zone at:Vacant 50 acre area at 17301 Graham Street(West of Graham Street North'of East Garden Grove Wititersburg Flood Control Channel),Huntington Beach, • Orange County.` • •Coastal Development Permit Amendment 5-11-068-Al made the.following changes: - • 1. Change the lot designation of the single lot in Tentative Tract 15419 from a numbered lot(Lot 1):to a lettered lot.(Lot A). All special.conditions arid restrictions that apply to Tract 154.19 Lot 1 will remain . applicable to Tract 15419 Lot A,and references'thereto will be changed accordingly. • • • The change for.the single lot in Tract 15419 from Lot 1 to Lot A will apply wherever it occurs in approved Coastal Development Permit 5-4 1-06.8. . • Revised►I/131.14 1 Document Number: 20150.00383684 Page: 133 of 184 1343 • • . --7, -..----. ..-.- ... • . •• . " • . • • •• . . • . . . I. • • .. .ii . . • .. ' - .A.IYIENDED NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditionS) . . ) . . . _. bate; November 13,2014. . permitApplic.plion ,;5*-11-06$...as araencle'd through,54.1.-068.-A1 Page 2 of 29 , , • .. • . . . . . • 2. Antend the Maintanatio tesponsibilftios•Within Lot Y of Tentative Tract.153.77 to require that trait and landscaping maintenance be the responsibility of the Homeowners Association(1-10A):nnd not the •• County of•Orange(as is.currently•spedified),and change all references thereto ancordingly. The change . to maintenaneeresponSibilities described above will apply wherever It occurs in approved Coastal. Developthent Perinit.5.41448, . . . . 5-11-068-Al approved by the Coastal Commission.on 1.111.5/11 - • . .. ' . . . If you have.any qnegtionsivgarding.how-tp.fnifill the"prier to.issuance"Special.Conditions for:COI'NO. 5-11-068,please contact the Coastal Program Analyst identified below. . . . . . : Sincerely;: • . . • • - . . . • . . . . CHAU%LESTER . ,. . • ' . 2e;Wive D'yector .. . . . . • • • . . ,. . . . .. . . . . • - •. • .. .• ., . By:Meg Vaughn• , • . . - Coastal ProgratrrAnalyst The undersigned permittee acknowledges receipt of this Notice and fully.understands its conteatsi. • including all.00nditiOna igiptftd. •.. . A • . . . . . • • . . . . . . II- ' t.6.1.4 . . " .1411.. .r.4:-.._-:,-; ,.... " 'Doe . dr%. rErmittee. . , . , . . . . . •Please sign and return one copy of this form to the Commission office at:the above address. • • - . . - • - . . . STANDARD CONDITION'S- , - • : . • • - . . • . 1,. Notice ofReceiptand Acknowledznent. The:permit is notvalid and development shall not . . e,o.mritonee until A Copy of the permit,signed by the permittee or authorized agent,acknowledging ' • receipt of the permit and.aeceptance of theternis and conditions,is returned.to.the Commission . • office. . . .. . . . • . - - • . 2. Expiration. If development has not commenced,the.permit will expire two years from.the date . .Ort which the Commission voted on the applicaticn. Development shall be pursued in'a diligent • . .- manner and completed•in a reasonable period of time. Application for extension of the permit - • ' must be made.prior to the expiration date.. - • .•. ' • . 3. Interpretation. Any questions ofinteut Or interpretation of any condition will be resolvedby the. . ExeCutive Director or the ppnittissio. . . . . - • . . . . . • . Document Number: 2010.00383684 Page: 134 orrMr 11/13/14 • • 1344 I • • • • AMENDED:.NOTICE.oF,INTENT TO Is8Vti PERMIT (UPOnrsati$factiOn of spoeial OonditiOns) Date: November 13,2014 Permit Application No.:54 i-045g as amended through S-11-0.68-Al Pagel of29, 4. Assthment. The permit may be assigned to'any qualified persor4proVided assignee files wt-th.. the CommiSSiOn an.affidaVitaccepting.all terms and conditions athb.pernitt. 5. Tertig,and Conditiong Run:with the Land. TheteferinS.andeenditions shall be perpetual;-and . . . it the intention ofthe:Commission and the permittee tobind all-future owners and possessors of the subjectproperty to the.terms and conditions. • • SPECIAL CONDITION8: • • Thispermit is granted subjeotto the.followingspe,cial conditions; . . . • 1. OPEN SPACE CONSERVATION AREA RESTRICTION A •No deVeloptnent,as,40fined in 8eCtibit 30106 Of the Coastal Act,shall occur within the.land thatiseland use designated Opeti.Space Conservationandzoned Coastal-COnservatton except; 1. Habitat'creation and restoration(described in the document titled Habitht.f. Management Plan,Ieticside Estates,.pitPared•byLSA.A.goelate ,Inc,fo • Shealiomes,dateci.Septelniber 2011 a revised by the conditions of thts.vennit; Within Lot AirM1541.9,.--arid Lots Z,AA,BB,and.CC of TTM1537:7Whieh lands are generally,but not fully depicted in Exhibit 4; • 2. Construction of the vegetated flood protection feature(VFPF)within LorY (only as approved by this permit and consistent with the geotechnical plans that incorporate the provisions.Of protection Of the archaeological:resources. 3. Construction'of the Water.Quality Natural Treatment System Within LotX • (only as approved by this permit and as depicted.in the Water Quality Managernent Plan for ParkaideBstates,prepared by.Hunsaker&ASsOciates, dated September 14,•2009.;and on,planstitled Rough Grading.Plan for Tentative Tract 15377'&Tentative Tract 15419,prepared by Hunsaker Associates,and dated 9/19/2011)); 4. Passive Park within Lot S.(only as'approved bythis permit and as depicted on plans titled Rough Grading Plan few TentatiVeTkact 15377&Tentative Tract 15419,prepared by i1ifooker"4 Associates,and dated 949/20.11.); 5. Grading(only as approved by this permit); 6. Public access.trail Enid issiiclated.app-urtenances and public access and interpretivesignage(only as approved by this permit),ad; 7. Maintenance and repair activities pursuant to and in conjunction With the Management and maintenance of the AMP described In Al abeve. 8. The HMP,as..proposed and as conditioned,addresses the need for fuel modification by"thelype$'60.10eations of vegetation to be established. As. approved by the City of Huntington Beach Fire Department,the.HMI'states. • that vegetation removal for fuel modification is not required.. Vegetation • • removal.for.fuel mOdification within the HMP area is not a part of this coastal • development permit and is prohibited. • B. The following additional development may be allowed in the area land use designated Open . Space Conservation and zoxed coastal Conservation subject to approval by the coastal. • • Document Number: 2015000383684 Page: 435 of to.d.I f/13/14 1345 , . • • • • • • • • • , .„.... ..• .,___,......._., • .. . ..- . . . o . ..: •AMENDED NOTICE:OF INTENT TO ISSUE PERMIT . J. , • • .... (Upon:saactiofspeca1 conditions) Date: November 13,,2014 P.errriii.Applieatien No. .5.-11-068:•as•amendal through.5-11-.068-Al • . . Page 4:Of 29 . . . *: .. • , . Commission df.an,ainendrnent to.this..permitor a new coastal development permit(ntilesS the. Executive Director detebninta that liana is legally.reqUired): 1. Habitat creation and resteration beyond that described ia the.approved Boa • ' • 111‘413;. • 2. Maintenance,repairAnd upgrade of water quality management structures and . . • drains; 3. Minor maintenance.and:repair of the approved VegetatedPlood,ProtectiOn • Feature:consistentwith the approved VFPF plan; . . 4. Public access arid recreation improvements that do not interfere with the habitat • . - . or habitat bUffer.areas, . . .. . . ' . . . . . . C. The area land use designated Open Space Conservation and zoned Coastal Conservation shall : • be maintained in accordance with tins coastal development permit and the.approved final • IIMP. - • •. . . 2. IIABITAT:MANAGENtENT FLAN . .• • • A. PRIOR TO ISSUANCt OP1*:•COASTAL DtVELOPWZNTTERMIT,the•applicantShail submit: . for the review and Approval of the Executive Director,k revised Habitat Management Pli-itlidt incorporates the following ohangest. ,— • . .... . . 1) Eluninates any fencing and/ex gate(s)that interfere with public use of the Vista Point trail across the - entire length of the top of the vegetated flood protection feature(WPF.), Any reference to such fencing and/or gate(s)•Shall be elitninnted'from the HM13.• Figures 1-4,4-1,6-1,6-2,74.shall be. . • - replaced with figures that delete such fencing aid/or.gate(s).across•the top of the IMF Vista Point .- •• • •frail- .. , . • . . 2) On page.4-17 and page 6-11 delete the sentence"Remedial measures will be developed in • consultation with'CCC staff and approved byte Executive Director prior to implementation" .- . . 3) Replace the deleted sentence on page 447 and page 6-17 with the following sentence:-''Remedial. • - , measures shall require.an alnendnient to this coastal development•permit unless.the Executive • Director determines that none.islegallysequirecl," • . . . 4) ReqUires.all quantitative sampling to bahased.cqvatially Stratified,randomly placed sampling • units; ,. • 5) In Appendix A(Maintenance and Monitoring Schedule);replace the term-"long-term.maintenatice. ' ' • • • plan"with"long-term.management Natl.' • 6) Revise the am-R to incorporate the restoration activities described in Section 4,2A of Consent Cease and Desist Order No.CCC-12-CD-10 And Consent Restoration Order No.CCC-12-R0-10 issued by - . the Commission on September 13,2012. - ' • - . ., . Be The applicant shall implement all wetland and'habitat creation,restoration,oonservation,maintenance and • management,as proposed and described lathe-document titled Habitat Management Ple4,.Parkside E0ateg,. prepared by LSA Assoeiates Inc.,.for Shea Homes,reVised.•Septembor 2011 and as revised.by the conditions . . of this permit. Any proposed changes to the approved plan shall be reported to the ExecutiveDirector. No - changes to the approved plan shall oecur,withoUt Coastal Commission approved amenchnenttO this•ooastal . development permit or an approved coastal:development permit utiless•the•Executive Director determines thatterid is legallY required, . . - . . . , . . . • . . • . • • . . . _ _.. • . : • ' • Roviwl 11/13/14 • Document Number: 2016000383684 Page: 136 of 184 . . . . 1346 AMENDED.NOTICE.Or INTENT TO ISSUE PERMIT - (Upon'satisfaction of special conditions) Date: November 13,2014 • Permit Application No.:5-11-068 as attended through 5=11-06.8-Al • . Page 5 of29 • C. • .Consistent with fhe proposed Habitat.Management Plan,all areas on the subject site within the land use: designation Open Space Conservation and zoned Coastal Conservation,shall be managed-and maintained.in . perpetuity as follows; Lot-No: Use `Area.(acres)- Maintained By _. ,Open'Spaces HOA- • • Lot A Wetland,Southern.. 4.8 • TTM 15419: - Eucalyptus.ESHA,wetland • • and habitat restoration S Passive Park 0:57 .1.10A at Citp • - TTM 15377 Z • .Restoration/Creation -. 4 HOA . TIM 15377 . AP/EPA.Wetland AA . • . Restoration/Creation 5.4 HOA ' TTM 15377 I AP/EPA Wetland,. . .. .Buffer area surrounding . • • AP/EPA Wetland(Lot 2) 13B* . Restoration/Creation 3.7 HOA s. rTivr 15377 AP/EPA Wetland; - • • Northern Eucalyptus ESBA, - - -buffer area,andrestored' ot • habitat - - CC* Open Space••:Northerp . ;Q.4 ' . - HOA - • TTM 15377 - portion of northern • ' Eucalyptus.Grove.ESHA ' and Retention of existing , • • informal trail along western - - i - end of northern property - - line .. • . Y VFJ'P(includes Vista point - 1.5 , • : HOA—trail and . TTM 15377 trail) • ..landscaping ' 'maintenance; . . -' County-all other . • • VEPF maintenance . X NTS :1.6 City TTM 15377' - . . • • D. All planting described in the.approved Habitat Management Plan shall be completeprior to issuance of any certificate of occupancy for any residence. On-going management of'the habiitat,including maintenance and ' monitoring,shall contintie.in perpetuity as described in the approved final Habitat Management Plan(titled HabitatManagement Plan,.Parkside Estates,prepared by L$A Associates,Inc.,for Shea Homes,dated' September 2011 as revised by the conditions of this permit)., • •E. • The permittee shall-undertake development in accordance with the approved final plans,.As in all. . • • cases,the ongoing management of the area that is subject to the Habitat Management Plan(PIMP) continues to apply to successors in interest,including purchasers of individual residential lots, • • ' • . Revised 11/13/14 - Document Number: 2015000383684 Page: 137 of 184 • 1347 • • AMENDED,NOTICE.:OF INTENT TO ISSUE PERMIT (Upon satisfaetiOn.of special conditions) Date: November 13: .20).4 Permit ApplicationNo.:5-11-06$as amended through 5-1.1-068-Al Page.6 of 29 consistent:With.the regitiretne.•nts of the Homeowners Associationproposed iti conjunction with the°approval of the Parkside.Estates development approved in'this permit: . • '3. PUBLIC AM)NITIIS&TRAIL MANAGEMENT PLAN PRIOR.TO:ISSUANCE OF TIC.COASTAL DEV,iLOPMENT PERMIT;.the•applicant shall submit,for the review and approval of the Bxecrltive Direetor,.a Public Amenities and Trail Management Plan that includes;but•is not limited to; A. Public Amenities.&Trails Provided • At minimum,public amenities and uses shall be provided as listed below: • .Lot No. Use Dedicated to L' Maintained By Conveyed via Area • (acres) • • Offer to A Active`Park City in:fee • HOA.and City Dedicate. 1 Acre -T (OTD)in fee to ; 15377 City; '. dedication on ti'aet map• • - • B Sewer Lift City in.fee City ' OTD in fee:to 0:04 Acre TTM Station; City for sewer 15377 1.O:foot wide lift'station;. public access ,OTD easement easement to City for 10" • • wide public • access; • • dedication on tract map• • CI (1)Sidewalk; (1)HOA In fee (1)HOA and City CC&Rs; TTM (2)Public (2)OTD (2)HOA dedication on 15377 trail/access path& casemcnt to-the tract map • • landscaping City (2)OTD; dedication on trail map . D* Publie trail from HOA in fee; •.HOA OTD easement. t The following lots shown,on TTM 15377 shall be.combined and re-lettered:(1)Lots C arid D; (2) Lots 0, P,Q,and R;and(3)Lots T, U, and W. Lots BB and CC shown on TTM 15377 shall be combined into a single lot;.Lot BB. • Revised-11/13/14' Document Number: 2015000383684 Page: 138 of 184 1348 .. , . .. . , • • - AMENDED.NOTICE OF INTENT TO ISSUE PERMIT - : . . Moon satiafaetion Of speciaconditions) Date:. NOvembet 13;2014 . Permit Application NO.:541-068 as arneade.d.through 5-11-068-Al • . . . Page 7 Of 29 . . I . • , -WM Lot C to interior .trail.OTD to to CitY', • . . 15377 street i the City . •. dedication on tract:map - deed . . 0—R* (I)Paseo Park . WHOA(hi HOA restriction;. 1-.8 Acies TTNI (2)IQ'wide -fee) • CCAR:s; • - 15377 .public access . (2)OTD to dedication on 4 . easement City - tract map . • - . •• (2)OTD . • easement to-the • ;City; dedication on tract map. . . . . • OTD trail N - Pedestrian.Access HOA in fee HOA easement to the 0.1 Acre-- • TTM (levee trail City; . ,. • 15377 conneotors) : dedication on . .. . .. kPrainage . tract map - - • . . . - - WA • Pedestrian AecesS , OTD trail . TTM (levee to EPA -110A in fce HOA eagernent to • • 15377 trail) . :•City;CC&Rs; . ' • dedication on • • ,tract map . . . - • . . , . . • . . . • . $ Passive Park • ;City in fee .HOA and City am to City in ' TTM • . fee; . . . 15377 . • . Dedication on • • tract map 4 • • • • OTD easement to T,U,V* Open Space HOA in fee HOA City,CC&Rs; TTM Public Access(EPA ' dedication on tract 15377 Trail) . map • . Y - Countyln fa .HOA—trail and TM VFPF and ' • landscaping • Dedication on - 1377. Public Access.(Vista . •maintenance; tract map • Point Trail) County-all other . . • VFPF maintenanCe • • - - , Open Space .;. CC Informal Trail at 1-10.A.in fee I-10A Deed restriction, TTM western end of . • CC&Rs; : • . . ., . Revised 11/13/14 Document Number: 20150.00383684 P.age: 139 of 184 • , 1349 . . . . . .. . -- • . . . ______ . . . . , . . I.. • . •• . . I - .• . , , • • AMENDED NOTICE OF INTENT TO ISSUE PERMIT i . . (Upon satisfaction otspeeial otedition ).- .. Date: November 13.,2014•; • Permit Application.NO.:5-11-.068 as arn' ended through 5-11-Ci68-Al Page.1.3.of.29 . . • .. , . . . . . . . . .. .. . . . . , . . 10.17 northern property. lino • • .. . .. dedication on tract . • map . . .... . . .. .. ...... . ..... . . . -. . . .Public itreetiSisidei Street"A" 'landscape dedication on tract .. . • . .Street entryiandscaping; dedicated in fee to • maintained by 1-10A• .map QCOs . . . ax, •City;landscape •• •• .ate.a to 1•104; . landscaping). . • . , . . . . . . . . .. . . , - :Streets. 1140410 streets 8.6 Si0.0.1' City • :.City . Dedication.on .ta0t:in.ap.• . . . . " . . 6cFp • . • . . . . . . TTM . .. . . ' . 15317 . . .. . - . . .. . , . - • • - .. . . . ..E.: Public Adeess:•Signage . . • • • • - . . .. . . The Publie.Amenities.4.4.Trail Management Plan shall inchide a detailed signage plan that clirectsflie.; . public to the pUblic•traila and miblierereational opportunities on the.project site. Signs shall,invite?onci ..:. • encouragepuhlieuie of access and recreation opportunities and shall identify and direct the public •• locations; At a minimum,the detailed:signage plan shall-include: . . . ... 1.• Public Access-Signage.shall lielp.rovided,..ata minimum,in a visually . . . .. prominent place Visible to vehicular and:pedestrian tratfic at each Of - . - following loOations;. .• • . .. . . . - . a. Graham Street.entry into the subdivision;. • • • • b. Graham Street'entry OW)the levee top trail; • -, • . . • O, Emergency vehicle and public pedestrian entry at Greenleaf Lane • . , ' .. . d. Each end of the EPA Wetland trail(at the active park and at the.western • old de sae of C Street); . , • .5. t . O. At the levee and at the immediately.adjacent street for each.of the two. . . . ' levee connector trails(within Lot N and Lot n,f. Vista.PoiiitItail cOtuiection with the levee. • •g. The point whore the:trail at the western end.of the:northern property - - , line,adjacent. to.the passive park,begins.the assent to.-thejTiOlsa Chica. mesa area. - •• - Z. In addition to ancyo in conjunction with the above,Public Amenity Overview . • • Signs shall be provided in a visually prominent place.visible'to vehicular and • pedestrian traffic at each.of thefollowing locations: .. • . • a. Graham.Street entry into the subdivision; . . . - . b: Graham Streetentry onto:the,levee,top trail; • : . c. Emergency vehicle apd public.pedestrian entry'at Greenleaf Lane; ., . . d, Vista Point Trail connection With the levee- . •. . . . . 3. Thepublic accoah and amenities signage plan.shall'include,at a minimum, . . • , . plans-indicating the size,wording and placement of public access signS. - 4. Signage Shall be visible from.Graham Streetat the'subriivisien entry and attire levee,from Greenleaf Lane,from the levee at the Vista liciiht•trail(VFPF)and . . - at both levee, traits(LotsN.and W),and from.internal circulation . -. , . . . roads and parks: Signage shall include public facility identification . . . . • - inorruments(e.g.publicparknanit);•facility identification/directional .- . • . . . . . .. . . • - aoviied 11/1 /14 . . • . . . Document Number: 201S000383684 Pane: 140 of 184 • • . . . . , 1350 • .- - . ,. • AMENDED NOTICE,OF INTENT TO ISSUE PERMIT 0 • . i(1)Pon satisfaction of special conditions) Date: November 1.3,2014. Permit Application:No.:5-11-068 as amended through 5-1.1-068-A1 Page.. of 20 • .mOntirnents:04.100atien of public Menitieaon;aite and in the vieinitY); . • informational,signage and birculation;-and roadways signs. 5, Signage shall convey tberuessage that public pedestrian-and recreational use is • .permitted and invited. . . 0. Vegetation shall not be allowed to obscure public access and amenities .signage. . .. 7, Signage that has the effector creates the effect of limiting public use of the puhlic-traila andamenities axe prohibited. .8. Signs and displays not explicitly permitted in this:document shall require an arnendment to this permit unless the Executive irector determines that no , . amendment it legally required: ' C. Community identification signage at the main,project entry(at(lrahant Street)is allowed provided that any such signage also makes-clear the availability of the public trails and amenities . throughotit the site and that the public is Welcome, • . . A D. The required public access and amenities plans shallidetitify all structures.including location, dimensions,materials and colors,and Use as well as signand interpretive display text and graphics,size and orientation. All plans shall be:of,sufficient scale and atailto:verify tiler... . location,size and content Of all signage,.and the location and orientation,size,Materialsandimse • . - ofstructures during a.physical inspection of the premisea. • E. Recreational appurtenances such as benches,refuse containers;fencing between the trail and • habitat areas;erosion Control arid footpath control plantings shall be depicted on the required • . public access.and amenities plans. ' • .. F. All public areas,including parks and trails,shall include loW intensity lighting during nighttime. hours Such lighting shall be consistent with Special Condition No l I regarding directing all . lighting within the development away:ftopi wetlands,ESIIA,and other:habitat and buffer areas. . The required lighting shall be included in the lighting-plan described and required in.Special Condition N .17.. - .. G. All sidewalks and,streets Within the-development shall:be-open and available-to the general public. . • IL The public trail/maintenance road.and vista point atop.the VIVI'thall be.free,of gates or fending . that restricts access across the top of theNFPF. Fencing to protect the.restored habitat and that does not interfere with the public V.P.PF trait or"with.public views is Allowed. - . I. The vehicular restriction at the emergency vehicle entrance from Greenleaf shall be the 1044-1APIn necessary to preclude non-emergency vehicles. The placement of a.serieS Obollards(which. allow easy pedestrian access)is preferred to.the Construction of a gate. J. Measures that discourage public use of any public trails/amenities on:site,including but not • - limited to,use of trails,parks,and'viewpoints,are prohibited. Such prohibited measures-include, but are not limited to,installation of gates,and/or use of guards-. K. Any limitation on the hours of public use is prohibited unless the applicant or its successor-in- interest applies for an amendment to this coastal development permit or a separate coastal . development permit for a limitation on the hours ofpub tic use and receiveS.authorization for such - lithitationa freni the Conimistion, - . . L. The plan shall identifythe.nliriiinum-allowable width for each of the propoSed trails,Which shall be n0 less than 10 feet wide. Except within the'Paseo.Park area,the minimum 1:0 foot-width shall — . be devoted entirely to pedestrian tr aul.area and shall be exclusive of army area necessary for landscaping and/or buffer and/or setback area Or similar type of development. Within the Paseo Park,the-width of the easement offered for dedication shall be a minimum of 10 feet wide,and . - . . _ . . , lteyised 11/13/14 . . . . Document Number: 20150.00383684 Page: 141 of 184 ' 1351 • . . . , • . .. _______. . . . .._ ......_ 1--- . ' ---- . . _ .• . • . l' u • . . - AMENDED NOTICE.OF.INTENT TO-ISSUE PERMIT ' . - ' (Upon satisfaction.of special conditions) . . Date:. November 13,2014 . . • • Permit Application NO.:5-11468 as amended thro41.5,,11-068-A 1 Page 10.of 29 • • the trail.itself,which may:meander with in.the.eaSement.shall be no less than:31/2 feet Wide•and Maintained as a Pnblie access trail. . M.All subdivision amtproject roads.and sidewalks shrill remain open and available to the or vehicular,.parking,:pedestrian,and bicycle use. All limitations or restrictions are prohibited except temporary restrictions for public safety when a documented need ariSeS,stibject to approval of a coastal development permit . N. Restrictions on.public parking,including,,but not limited to limited holvs:and/Or-preferential parking:•diStriets,.-are prohibited. Parkingresnictions to allow periodic street cleaning is.allowed . , provided the'restrictioniss.the least necessary to accomplish the objective and that the restrictiert. • ' it no greater than son-street street cleaiung parking restrictions typically established throughout the City. • . . . ..• , • - 0... Site entry points;including the..Qraham.Street entry,and all Streets.and trails shall remain free.of any type of entry restrictions including,but net limiteclto.girfeS,,guarded'entry, • and/or structures/uses that maybe construed and/or interpreted as limiting public use at the site: . P.. No permanent gates or aceessrestrictiOns:arc allowed, Only temporary gates and access ' restrictions as necessary for constriction safety purposes are allowed • - :Q. No permanent chain link fencing is allowed,only temporary chain link fencing as necessary/40k • - safety during construction may be 0104 • ' B. All.palid trailS;and amenities shall he:Maintained at all times in&manner that promotes.public use. - • •$ -The extent of public trails and amenities shall not be reduced frOm that depicted on the-approved . fmatPublic Ainenities and Trail Management Plan. .T: The public access trail easements and the Ots within which they()pour•Shall be maintainetkina - • -• Manner thatpronioteS public access and:uSe ofthese public trails,as proposed by the peniliftee: . . . . • and as described in and required by this permit. U. The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist-or may exist on the property: The permittee shall not use this permit as evidence . • of a waiver of any public rights thatmay exist en the property. - _ . V.. The permittpe shall undertake development in accordance with the approved Baal plan., Any proposed changes to the approved final plan shall be reported to the Executive birector.'No• changes to the approved final plan shall-occur withOut a:Commission amendment to this coastal - development permit unless the Executive Director determinesthat'll()amendment is legally . required. . . . . . . . . 4.. PUBLIC RESTROOM. -, .. . - . . - ' .PMOR TOISSUANCE OF THE COASTAL DEA)ILOPIVIKENT PtitYLIT,tbelipplicant shall . . submit,for the review and approval,of the..Executive Director;plans that incorporate a permanent public restroom within the proposed Active.Park. The plans shall.identify the restroom location within the active park,and shall provide plans'detailing the specifics of the including,but not limited to,. floor plans and elevations. - - . . . • • A. The requirement to provide the pUblic restroom and to manage and maintain the restroom for the life of project.shall be.incorporated into the CC&Rs described.in Special Condition NO.0 below. . .. . -• - - • B. . The reshoom.shall be available to the public,at a minimum,during.daylighthours. - ' . • • - • — . . • Revised 11,13/14 • Document Number: 20150.00383684 Page: 142 of 184 . • • . . . 1352 • . . . • • . . • ,.. . .. _ • , . AMENDED.NOTICE.OF INTENT TO ISSUE PERMIT , . . . -, (Upon satisfaCtion especial conditions) . . . . ,• Date: November 13.,2014 .: • Permit Application No.;5•41,06..8 as amended.through 541468Al ... . , . Page 11: of.29. . _ . •1 C: On-going maintenance and.management Of the public restroOnf shall be the responsibilityof the.I-loitieowper'Association(110A)proposed by the•appli:eant: D. Subject to approval of an amendment to this coastal development permit or anew coastal . . . . development permit,long term maintenance and management of the permanent public restroom may be aecepteabya pUbli0 agpOr(iCi)or non-profit entity(ies)acceptable•to theEx ecutive.Director. : . .. E.. Subjectto approval°ran arnendmenttothis-coastal development permit,the applicant may. propose an alternate locatibiforthe'regairedpublic restroom so long as the alternate location is Within the vicinity of the public tail and recreation system found in and around the Bolsa Chica Ecological Reserve,the trightwater.developront,•the flood control channel levees, and the subjdct,site;and provided that signage identifying the location of the reStreent.is placed,at:a minimum,within the subject site public.access signage system.and the alternate. location. .. . . . , . - . . . . . • . 5. PUBLIC ACCESS.AND RECREATION REOIMIEWLENTS AND IMPROVEMENFS:):- • . . . — . . . . .. . A.. Streets,Roads.and PubliaParking • - As proposed,all stseets„roads and parking shall be publicly Maintained And all streets,roads and . ... public parkingareas identified on the Parking Plan prepared by Hunsaker&Associates,Inn, dated 9/1/09 shall be for public street purposes including;but not limited to,pedestrian,bicycle. . and vehicular access. All streets,rOada and On-atropt public'parking spaces shall be open for itse . . .. by the general public 24 hours per*clay,with the exception of standard limited parking restrictions for street sweeping/maintenance 13140. eS. Long term or permanent physical,obstruction of streets,roads and public parking areas(e..g,red.curbing.and restriotioullithitation signage)shall be'-. prohibited. All public entry controls(0,4 gates,gate/guard houses,park signege,etc.)and - ' restrictions on Use by the general public(0.4,preferential.parkingdistricts,resident-only parking periods/permits,etc.)associated with any streets or parking areas shall bo,Prohibited.. . . - . _ . B. Public Trails • .. , • • • • .. • . .. As proposed by the applicant and as described in special Cond4isin 3 of this.perinit,nb •• developmenti as defined in Section 30106 of the Coastal Act,shall occur within the lots identified. • for public access frail'easements ptfor the figlowing.development:. grading.and construction necessary tO construct.the trails arid appurtenances allowed by this'permit;vegetation planting .- • . and maintenance,drainage devices approved pursuant to this pertnit,maintenance and repair •• activities pursuant to and in conjunctionwith.the approvedfinal EabitativlanagementTlan and. . approved final Public Amenities and Trail Management Plan. Development that diminishes• permanent public access shall be prohibited. AS prbposed„the public pedestrian trails shall have . a.deComposed'granite surface,shall be a.minimum of ten feet in width and shall be located within . the lettered lots as proposed. The public access trails shall be opento the general public for . passive recreational hse. • . . . • - • . • C. Public Parks .. - . . - • . . . . . . _ .. • • Revised 11,13/14 - - • .. Document Number: 2015000383684 Page: 143 of 184 1353 • • • •' . . . . . . . . • .. • • • -• . , . . . . . ' . , .. . • - AMENDED NOTICE OF INTENT TO ISSUE (Upon satisfaction,of special conditions) Date: Nov her 13,2014 - Permit ApplicationNo.:5111-068 as amended through 5-11-068-Al , Page.12 of 29 . • , • The AetivePark•(Lot Al the Pastive Park.(Lot S)and the Paseo Park.(LOts•O,P.Q,R)shown on proposed Tentative Tract Map Noi-15377 dated May 24,2011(exhibit 8 of this statfreport);shall be open to the:general public and maintained for active and passive park use as proposed *No development.,as defined in Section.30106 of the Coastal:Act;shall occur within any of these' .. parks,except for the following development as:approved by this permit grading and construction necessary to construct the parks,vegetation removal,planting and on-going • maintenance:COnsistentvith the approved'landscape plan;drainage devices approved pursuant to this permit,and•Inaintenanc.e and repair activities pnrstiant to and conjunction with the management and'maintenance of the parks, In aciciition,the•following shall be.allowed withilithe Active Park:tot lot play area,swing set play area,picnic areas,benches and refuse containers for . use by the access.generalpublici.ptiblk. . • 'signage,public access signage,and publie:restrOOrn. •facilities. . : • . - . The applicant shall ensure the construction and completion of the public access and passive .- recreation improvements for parks and trail purposes is parried out as proposed by the applicant in a timely manner co.iit04t iirith"Spc.piol Condition 7,Development Phasing. . . . ( .. • 6. ENTiti.MONUMENTATION . . . . . . .. A. All.entry monunientation,indindingsignage,walls,and arb,ors;shall be-eliminated.from-the! .. project,with the exception of signage approved pursuantto Special Condition 3 of this permit. . Garden retaining Plentnr walls not to•exceed.42"are exempt from this prohibition. Prior to. • . . issuance of the Coastal Development Permit,the applicant shall submit reviSedPlans,for the : review'and approval.of tht'Extcutiv6Dire,otori refleetingthis requirement • ., . . . . . - . . •- . B. All.developmentshall.conform with the approved final plans. • . - • . • 7. 'DEVELOPMENT PHASING . • . , .. A. Pi:4M TO ISSUANCE OF THE.COASTAL DEVELOPMENT PERMIT,the applicant .. shall submit a final development phasing plan for reyiew and approval by the.Executive Director, which shall conform to the following: . .. . • 1- All development shall.be consistent With tberequirementS of the approved Habitat Management Plan(titled Habitat Management Plan;Parkside Estates,prepared by LSA . Associates,Inc,for Shea Homes,revised Septeniber 2011,and as conditioned by this . permit); *In addition,during the period of raptor nest initiation(January 1 through April • 1 . • - 30),no grubbing,grading or other development.aCtivity shall talceplace within 34-feet . I (100 meters)of the.Eucaly.ptus.ESHAs. If raptors are nesting-,no grading or'other activities shall OW within 5.00 feet of any active,nest, The applicant'shall initiate ' implementation of the.approved Habitat Management Plan as Soon as.practicaltollowing deep grading within the area zoned for residential development and prior to or Concurrent with surface grading of the tegidential area. The applicant shall carry out the restoration - work in an expeditious manner. As proposed by the.applioaat,no rodentieicles ahall be Used.during.site preparation,grading or construction,'tfor the life of the.development. 1.• - , 2.. Grading of the public trails,parks and amenities'.shall.Occur as soon as practical . following.deep grading within the area.zonedfor residential development and prior to or ' • , ReVistdlli13/i4 ' Document Number: 20150.00383684 Page: 144 of 184 I 1354 ., • ••• • • . . . . , . . . , • AIVIENDED:NOTICE OF INTENT TO ISSUE PERMIT , (Upon satisfactiOn:of•special conditions) • ,• • November 13,.2014 • Permit.Application No::5-.11,06$aa:arnended through 5-11-0.68,-Al Page'1.3 of 29 • • . . concurrent with surface grading of the residential.area.All grading 44.be carried out • conaiatent with the provisibns•for the protection of the ESIIA,wetland and habitat areas The.Construction of the public trails,parks and amenfties.and the planting described in the approved tialaitatUatiageMent•PIan shall begin as soon as practical following the. 000440 of the proposed Public infrastructure(e.g.the public streets of the, subdivision,the Natufal Treatment$.yatatn,,the Vegetated Flood PrOteetion Feature and improvements to theatintingtOn teach:Slater NAV SfatiOn). The applicant shall construct the parks and:amenities in an expeditious manner. .Public.Access at the site during ConstrittiOn:shall be rnaint'ained,.-continuation.of public use of the informal trail at the base of the bluff at the western side of the property shall not be obstructed or prevented prior:to availability.of either of the two proposed public access trails.as shown-04E40f 11(Public Trail AOPP$$.13uring.COOOrp-ptioo'llOiped. , Tentative Tract Map No. 15317): .The'twO public access trails to he available during •coistrUctiOn•after the informal trailia no longer available to the public during • .. construction are: 1)public trail through the:Priseo Park trail linked to the EPA.trail,and „ 2)levee trail atop the north levpe.of theEast Garden Grove Wintersburg flood control Channel.'The proVisiOriof public.access.during.eonstruction,including temporary public access.Signage,.shall be carried.out as proposed by the applicant and as.reflected in • . •Exhibit 12 of this.staffrepOrt. Any•teniporgy public.access interruption shall,be the • minimum necessary;sh-ellvot exceed one week duration,and shall be reported to the• . ExecutiveDirector prior to being impletilented." Con-streak)»of the public trails parks and restroom,pursuant.to the.approved Public Amenities and Trail Management Plan,the installation of habitat protection fencing pursuant to the approved final'Habitat Management Plan;the installation of public access •signage 000.SiSteht with the Public Amenities and Trail Management Plan and the opening. of the parks,trails and restroom for public use shall()Cot prier to or concurrently with. the issuance of the certificate.ofoccupancy for the first residence: Interim public trail accessshall be provided at all times prior to the opening of trails required by the Public Amenities,and TrailManagornetit Plan. • B. The approved Public-Amenities&Trail Management Plan shall be implemented and • construction of physical features of the plan completed prior to issuance of the certificate of • . occupancy for the.first residence. • C. The permiftee shall undertake development in accordance with,the approval final • c.onstruCtionidevelopmentphosingplans: • • D. Any.proposed..elianges to the approved.final,plans or phases of construction shall be reported to the Executive Director, NO changes to the approved final plans shall occur without a Commission amendment to this coastal.development permit unless the Executive Direetot • • determines that,no amendment krequired, • .Revised 11/13/14 Document Number: 20150.00383684 Page: 145 of 184 1355 • AMENDED NOTICE Or INTENT To ISSUE PERMIT - .� • (Upon.satisfactlon of special conditions): • . ,• • Date; .November.13. 2014. - . Permit Application No,:5-11=068 as amended.through 5-11-068-Al . Page 14 of 29. •. • i . . • 8. PROTECTECTION OF POTENTIAL ARCHAEOLO.GICAL RESOURCES DURING • GRADING • . A. 'P1]OR TO rANCE'OF TR CCAS'Y`AL 'V LOPI ENT PR1 ffF,the:applicant • • shall submit.forthe review and approval of the ExecutiveDirector an archeological • monitoring and mitigation plan,'prepared'by a:qualified professional,that shall incorporate the • following measures and procedures: - 1. Archaeological rnoriitor(s);qualif ed by file California Office ofldistorio 1?ieseivatioli • (0 )standards,;Native American monitor(s)with,documented ancestral ties:to the area appointed consistent with the standards of the Native American Heritage Coihmission • • - '(NAM),and the Native.4inei iean most likely descendent(MLD)when State Law �. • mandates identification of a MLD,shall titonitor ail project grading; 2. The:periiiittee shall provide sufficient archeological and Native American monitors tq ' assure that all.project grading that figs any potential to'uncover ot`,Otherwise disturb , cultural deposits'is monitored at all times. All.archaeological monitors,Native.American ,. monitors°.acid.Native.American most,likely descendents(ML;D);if State Law requiresAhe . -., involvement of the MLD,shall.be provided with a copy the approved archaeological • monitoring and mitigation plan.required by this permit.;Prier•to oommencenient.of•" - grading,the:applicant shall cor}Vene an:on-site pre-grading:meeting with.all • • •archaeological monitors,Native.American monitors and NativeAmerican.most likely . •descendents(MILD)along with the grading contractor,the applicant and.the applicant's. • • archaeological consultant in order to:make sure.all parti-es.understand the procedures to be • followed'pursuant to'the approved ai chaeQlogical niouitoi'ing and mitigation plan:, At the conclusion of the meeting all parties attending the on-site pre-grading meeting.shall be • required to Sign a;declaration,•which has been prepared by the applicant,subject to:the • .review•and approval of the$xecutiveDirector,statingthat.they have read,disciissed.and • fully understand.the procedures and requirenients of the approved archaeological .. Monitoring and mitigation,plait and agree to abide by the terms thereof. The declaration • ,shall also include•contact phone numbers for all parties. 'The declaration shall also contain the:following procedures to be followed if disputes arise in the field regarding the . procedures and requirement of-the approved archaeological monitoring and'initigation . . ,plane 'rioi::to commencement of grading,,the applicant shall subnut'a copy of the signed • declaration bathe Executive Director'and.to each signatory: . (a) Any disputes in the field arising among.the archaeologist,archaeological' monitors,Native Amencan monitors;Native American most likely.descendents• • a (1VILD),the grading contractor or the applicanttregarding compliance:with the procedures and requirementsofthe.approved archaeological monitoring and • • mitigation plan shall.be promptly reported to the Executive Director via e••rnail .and telephone. . (b) All wont,shall be halted in the aiea(s),of.dispute. Work may continue it areas) • , • _ not subjeefito dispute,in accordance with all provisions of this a pecial'conditioa, • • (c) • Disputes shall.he resolved bythe Executive Director,.in consultation with the - archaeological-peer reviewers,Native American monitors,,Native American • IvILD(if State Law requires-the involve1nent.of the 1vILD),the archaeologist and the applicant. - ,. - . Revised 11/13/14 - Document Number: 2015000383684 Page: 146 of 184 1356 • AMENDED NOTICE.OF INTENT.TO.ISSUE PERIVIIT (Upon satisfaction of special conditions) • Date; November 13,20'14 Permit Application No.5-11-068 as amended through 5-I I-068-A1 Page 15 of 29 ,(d) if the dispute cannot be resolved by the Executive Director in.atimely fashion; said dispute shall be.reported to The Commission for resolution.at the next regularly scheduled Commission meeting. 3. If any cultural.deposits.are d discovere during protect construction,including but:not. limited.to skeletal srentains and grave-related:artifacts;traditional cultural sites,religious or spiritual sites,orfeatures,the permittee shall carry out significance.testing.of said deposits and,if cultural deposits are found=by the Executive Director.to be significant pursuant to.subsection C of this condition:and,if applicable,any other relevant provisions,additional investigation and mitigation.in accordance with..all.subsections of this:'SOW condition shall be•earned.out and implemented; . 4. limy cultural deposits are discovered,including but not limited to skeletal remains and . .graverelated artifacts,traditional cultural sites,religious.or spiritual Sites;or features;all• construction shall cease in.accordance with subsection 13.of this special condition; 5 In addition:to recovery and reburial,in•isitu preservation and avoidance of.culturat deposits shall be considered as mitigation options,te..be detetrbined in:accordance with the process outlined:iri this:condition; 6. If human remains are.encountered,the perntittee shall comply with applicable State and Federal.laws. Procedures outlined in the monitoring and niitigation"plan shall not prejudice,the ability to.-comply with applicable State and Federal laws,:including,but not • limited to,negotiations between•the landowner andthe MLD'regarding the manner•.of treatment of human remains including;'but not limited to,scientific or cultural.:study of the remains(preferably nqn-destructive),selection of-in-situ preservation of'remains,or • recovery;.repatriation and reburial of reinains;the time frame within which rebuuriallor • ceremonies must be conducted;or selection of attendees to reburial events.or ceremonies: The range of investigation and mitigation.Measures considered shall not be constrained.by the approved development?,plan. Where.appropriate and consistent with State and:Federal laws,the treatment of remains shall be decided as a:.component of the process outlined in the other subsections.of this.condition, . . 7; Prier-to the commencement and/or re.-commencement of any monitoring,the pen' ittee shall notify each archeological and Native American`monitor of the requirements and procedures established by this special condition.. Furthermore,prior to the • commencement and/orre-commencement of any monitoring,the peimitteeshall provide a copy of this special'condition;the archeological monitoring and mitigation plan approved by the Executive Director,and any other plans required pursuant to this. condition and.which have been approved by the Executive Director,to each monitor. B. If an area of culturaldeposits,including but not limited to skeletal remains and grave-related artifacts,traditional cultural sites,religious:or spiritual.sites,o}•features,is discovered during the course:of the project,all constinotion.activities in the area of the discovery that have any potential to uncover or otherwise disturb cultural deposits in the area of the discovery and'all • - -construction that may foreclose mitigation options or the ability to implement the requirements of this condition shall cease and shall not recommence.except as provided'in subsection D and other subsections of this special condition. In general,the area where • construction activities must:cease shall be 1)no,less than a 50 foot wide buffer around the Cultural deposit;and 2)not larger than the.development phase within which.the discovery is made. • Revised 11/r3/14 Document.Number: 20150.00383:684 Page: 147 of 184 1357 . . . .. ., ., .._ ... . . . . ____. _ .. • . • . _.,.........- - • . . . . . . . . . . . - AMENDED NOTICE OF INTENT TO:ISSUE PERMIT. . (Upon satisfaction asspoolat Conditions) • . . , Date: November 15,2014 . . ; Permit Application No 5-1 ...0.6.8 as amended through 5-11-068.-Al . a • Page1.6.of 29 . . . . C. An applicant seekingtosecommence Construction folloWing.disCo.very Of the cultural . deposits shall siganit:a Significance Testing Plan for the review.and approval of the . .. Executive Director; The Significance Testing Plan.3114 identify the testing moaantes:that .: will'be undertaken to determine whether the..eultural dep.oi0 are significant. The: SignifiCance!Testing Plan shall be•PrePat'ed:hy the PrQiedtgehaeolegist(s);in consultation with theNative Aniericannaimitcr(s),and'theMost tikelY DeSeendent(MLD)when State Law mandates identification of aNILD. The Executive Director shall make a determination regarding the adeilnapy of the Significance TWitig Man within 10 working days of receipt, If • the Executive Director does not such a determinationvithin the prescribed time,the , . plan shall be deemed approved and implementation may prodeed. Once a plan is deemed • adequate,thO•EXecntiVeDireCtor will Make a determination regarding the of the cultural doposits•' discovered. ' (1) If the Executive Direetorapproveslhe Significance Testing Plawand determines that the Significance Testing PlariN:reptinItOOnde4.-tegtinKIPOMPrPs have a.de Minintis impact en • the cultural deposits,in nature and scope,the.significaace testing may.commence after . the Executive g Director informs the permittee of that deterrninetion. • . (2) If the Executive Director approves the Significance•TeSting•Plan but deterininesitliat the , .. . - changes therein do not have de minimis impact on the cultural deposits,Significance testing may not commence taitil.after the Commission approves an ainendinentto this .. • permit: . . (3) Once the measures identified in the signifiCanCetesting.plan are undertaken,the , ,• permittee shall submit the results of the testing to the Executive Director for reviewrand APProVal, The reSiilta shall be accompanied by the project archeologist's • . • • recommendation alto whether the findings•should be:ionsidered.significant. The project archeologist's recommendation shall be Made in consultatiOn.withtbP Native American . . ., monitors and the MLD when State Law mandates identification of a Iva,D. If there Is ... . • disagreement'between the project areheologist and the Native American monitors.arid/or • . the 1VILD,.both perspectives:shall be presented the.ExectitiVe Director The Executive Director-shall-make the determination as to whether the.deposits aresignificantb.ased on the information available to the Executive Director..If the deposits are found to be . . significant,the permittee shall prepare and submit to the Executive Director a . . supplementary Archeological Plan in accordance with subsection E of this condition and alt other relevant:subsections. fthe depo.sits are found to benot.significant,then the perinitte6 May recommence grading in,accerdancewith any measures outlined in the significance testing program. .. . • • D. An applicant seeking to recommence construction following a determination by the Executive . Director that the cultural deposits discovered are significant shall submit a Supplementary Archaeological Plan Ter the review and approval of the Executive Director. The . Supplementary Archeological Plan shall be prepared by the project atchaeologist(s),in. consultation with the Native American monitor(s),the Most Likely Descendent(MLD)when . . State Law mandates identification of a MLD,as well as'others.identified in.subsection E of this condition, The supplementary'Archeological Plan shall identify proposed Investigation • and mitigation measures. If there is disagreement between theproject archeologist and the . . • Native American monitors.and/cir the MLD,both perspectives shall be presented to the . Executive Director. The.range of inVestigation.and mitigation measures considered shall not be constrained by the approved development plan. Mitigation measures considered shall . • range from.in-situ,'preSerVation tu recovery arid/or relocation, A good faith effort.shall he . •. :. 'Revised 1.1/13/1.4 Document Number: 2015000383684 Page: 148 of 184 . . . 1358 .1 . .. . . . • - - . . . . • AMENDED INOTI •OP WENT,TO ISSUE.PERMIT ..• . (UpOn.satisfsetion of special conditions). Dew. November 1. ,2014 • Pet it Application•No:;.5-11-0.6g.as amended through 5-11-06g-ki • - - Pge 17 of 29 . - made to avoid impacts!to cultural resources.through methods sitOlia:s,but not lititited.te, project redesign,041)1)40 and•Ore4rignn,open space area around the.cultural.resource:areas. In order to protect cultural reSoUrces,anyfoftherdevelopMerit may oily be undertaken conalistent with the provisions of the.final,.aPproved,Suppleinentary•ArChaeolOgical Plan. • . .. . •. , . , (1) Iflhe Executive Director approves the.Supplementary Archaeological Plan and . . . deform inea that the.Supplementary Archaeological piaiesteCOMmendedzhangps to the - proposed development or mitigation.mPasureS have a de miniinit impact on Cultural . , 'deposits,in.itature and scope,tonstruptiOn may recommence after the txeOutive.Director :. .: informstheferriatOe oft*determination . . .. ...... . . . .. . . . .. . . (2) If the Executive Director approves the Supplementary Archaeological Plan but determines that the changes therein do not.haVe a de rninimiSimPaCt On Mantal deposits, construction.may.notrecommerice until after the Commission approves an amendment to .. this permit. . . . - , • , • . . . - E.• Prior to.atilimittal to theExecutiveDirectOr,:all plans required to•be sitbmitted.putsuantto this • • special condition,shalt have received review and written comment by&peer review. committee convened in accordance with.current professional practice,and representatives of Native American groups with documented ancestral ties to the area Names and qualifications .. ... . of selected peer reviewers shall be submitted for review and approval by the•Executive,• Director. The plans.submitted to the Executive Director shall incorporate the keCornnte.ndations of the peer review committee.and the Native American.groups with . doeiiinented..anOtatral ties to the areri, Puttlormore;.up(M.:06tipletioitofthe.peer review • process;and prior to submittal to the Executive Director,all plans shall be submitted to the • California Office-of Historic Preservation(OHP)and the NAM for their review and an • . . . opportunity to comment The plans submitted to the Executive Director shall incorporate the . recommendations of the OHP and.14AHC. If the OHP andiothAlte dOnot respond within . 30 days.of their receipt of the plan.,the.requirement Under this permit for those entities' . review and comment shall expire,unless the Executive Director extends said deadline for . "goo4.011s6. All plans shall be submitted for the review and approval of the Executive • Directbr, . . . . . . • • - • . •• F. At the completion of the archaeological grading:MO04criha.and mitigation,the applicant . . shall prepare a report,:subject to the review and approval of the'Executive Direetor,which shall include but not be limited to;detailed inforrhation concerning•the quantity,types, location,and detailed description of any cultural resources discovered on the project site,• . . analysis performed and results and the treatment and.dispbsition of any cultural resources that were excavated. The.report.shalibe prepared consistent with the State of California Office of. Historic-Preservation Planning Bulletin#4,"Archaeological Respince Management Reports - (AMR): Recommended:Contents and Voimat". Thefinal report hall be disseminated to . the Executive Director and the Sbuth Central Coastal Information Center at California State University at Fullertbri.- . - , •• - . G. The permittee shall undertake development in•accordatice with the approved final•platia, Any 1 ' proposed changes to the approved final plan shall be reported:to the Executive Director. No . changes to the approved final plans shall cur without*a Commission amendment to this . . .i . . - Revfsed.11/13/14 Document Number: 20150.00383684 Page: 149 of 1 84 1 . 1359 •. • . . .,. . . ,. . _ . • ' AMENDED NOTICE OF INTENT TO ISSUE.PERIV1IT , 4 (Upon 1 s'atiSfaction otspecia eonditionS). .Date: November 13,2014 • Permit Application NO.:5-11,068 as amended through 5-11-068-Al. I .. Page IS Of 29 coastal'development permit unless the ExecutiveDirector determines thattio..amendment is required. • • . 9. CURATION.OFARTIFACTS AND DISSE1VIINATION.0F. CULTURAL INFORMATION PRIORTO.ISSIMACE.OF TIOSPERMIT„the applicantshall submit for the review and ,. . . approval Odle Executive Director,evidence of a•written agreement:With a.duration facility that has Agreed to accept Arty artifacts recovered from the project site. Any such artifacts sliall..be ciliated within Orange County,at a facility meeting the established standards for the of arehadblegic4 l!eSOuree.t,. Viarthet,thoapplicaufshallreque4 in the agreement that the facility receiving.thecollecticin prepare an appropriate odisplay asigitificaot tliatotiats.so that the public . Gail View theinVeStiggion results,and benefit from the knowledge gained by the discoveries. . If peinian)ent.curatiOn.taCilitica are met available,artifacts may be temporarily stored at a facility • such as the Anthropology Department.of the.California State University at FilliettOn until space becomes available at a facility meeting the above Standards. The applicant shall Submit written proof of acceptance from the above curation or temporary facility of 100 Percent.of the recovered , artifacts prior to issuance of the permit. . • . . , . . ..• ritiQg TO ISSUANCE OF THIS.PERMIT the applicant Shall submit;for the review and ... •approlial of the Executive Director;.a'written agreement:to.distribute the final reports.required in . . ,. Special Condition 81?to interested area Institutions,vocational groups and Native American tribal . units within Southern California,as-well as.to appropriateCity,County and•State.ageneies... • - 10: .REVISIONS TO TENTATIVE TRACT.MAP 15377 PRIOR TO I8stuNcg OF TIE.COASTAL DEVELOPMENT PERMIT,the applicant shall submit;for the review and approval:of the Exemitive birecto;revised Tentative Tract Map.35577 and 1.5419stamned4niiiwvid in Concept by the City orriuntinzton Beach,reflecting the: following changes ... A. Reconfiguration.of proposed.TTM.15377 such that Lots 0,P,0,and R(Pa.seciFiirk)are, colabiaact illto a single,lettered lot. .. .. • Bs. Reconfiguration of proposed TTM 15377 such.that Lots T,U,V and Lot W(EPA trail connecting •the active park and the'levee)are combined.into asingIe,lettered.10. - • .. • •C, ItecorifiguratiOn.of pm oposed TM 15377 such that Lots C and D.(public sidewalk and connection betwoon.A.Street and C*Street)are combined into a single,lettered lot. • . 1 D. Reconfiguration of proposed TTM 15377 such that Lots BB and CC.are combined into a single, . , :lettered lot;Lot BB. - . E. All lots proposed to include public access and recreational uses shall be identified as SaCh,on the - TTM. F, All lots proposed forESHA,wetland,habitat uses shall be identified as such on the TM. G. Lots proposed tO be offered for dedication info.for public works facilities and/or public recreation shall be identified on theiTTM.and sliall identify the dedication's use,inchiding the • following I* .. . i. Lot A,TTM 15371:Active Parkdedleated to the City of Huntington Beach, . ii. Lot$,TTM 15377:Passive Pazic dedicated to City of Huntington Beach;. - - . . . . • iii. LOt B,TTM 15377:Sewer Lift Station dedicated to,City of Huntington Beach; • r . . .,• . • Revised 11/13/14 . Document Number: 2010.00383684 Page: 150 of 184 • - 1360 • • AMENDED NOTICk0F.INTENT.TO ISSUE PERMIT (Upon satisfaction of special conditions) Date: lsloYeniber 13,2014 Permit Application lio.:5-11-068.as amended through 5414)68-A1 • • Page.19 of 29 •• iv Lot X,TTM,1.5377;Water OualityNatnral Treatment System dedicatedto City of Htintington'te.ach; • • • v, Lot Y,TTM 15577i Vegetated Flood PA:00km Feature dedicated to County of Oranje' • IL Public amenities proposed to be offered for dedication as easements to the City of Huntington . Beach shall he identified on the TTM.and shall include the easement's use,including the following lots: • i.•Lot C and Lot D[to be combined and re-lettered]for public,roorpaiional.and pedeitrianItill use; . . • n Lots'O„it Q,and B.of TTM:15377[to be combined and.re-letteredapcordingly]: P4S061*k..trait • • • • iii, Lets 1\1,TO/115377:Levee Connector trail iv. Lots T,U,V and LOA-TN 15377[to be combined and re-lettered. accordingly]t EPA trail couneeting the Active to the levee. L Lots dedicated in.fee to the Homeowner's Association(as proposed to be.created by the applicant • ' and.as described in:Special Condition 13 below)to be managed and maintained solely for . wetland and habitat creation,restoration and preservation shall be identified On the TTMand.:. . include: 1. LotZ,TTM 15377:EWA.and Wetland'Restoration area ii, Lot AA,TTM 15377 restoration/creation BPA Wetland,ESHA and Wetland • • -Buffer iii..:Lots.BB and CC[to be combined and.re-lettered accordingly],171415377: ESHA,reatnatiep/creation EPA wetland;habitat restoration and continuation of The informal public trail); . iv. Lot A;Tr.K 15419;%timid and.iiablitat. J. After the above reVisiOnallaYe been incorporated and prior reccirdatiOn.of the final tract maps,submit to the Executive Director for review and approval,the.revised versions Tract Map Nos.15377 and154.19,• • K. . After recordation,SubmitYinal Tract Map Na§.,1.5377.and 1541.9 to the Executive Director. OlevER TO DEDICATE IN FEE FOR PUBLIC INFRASTRUCTURE,AND PUBLIC ACCESS&RECREATIOgPORPOSES • . . PRIOR TO ISSUANCE OF THE COASTAL DEYLLOP.KENT PERUIT,and in Order tO implement.th6permittee's proposal,tilopermittee shall submit to the Executive Director,for review and.apprOv.al,a proposeddocnnient(s)irrevocably offering the dedication of fee title over the areas identified below to a public.agency(ies)or non-profit entity(ies).acceptable to the ExecutiVe Director,.forplublie access and rebreation, and public infrastructure based on the restrictions set • forth in these special conditions: Once the documents irrevocably offering to dedicate the areas identified below are.accepted by the Execntiye Director,and also PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PE12.11117,the petrnitte;a shall submit evidence that it has • exeCuted'anci recorded these.documents,completing the offers,to dedicate. The land shall be. . offered for dedication subject to the restrictions on the use of that land set forth in the special _conditions of'thisperniit,and the offer to dedicate shall reflect that fact. The offer shall be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being ctariqeti, The offer shall run with the land in favor of the People of the.State of CalifOrnia,binding all successors end.assignees,'-and shall be irrevocable for'a period of 21 years; Revised 11/13/14 Document Number: 20150.00383684 Page: 151 of 184 1361 • , ••••,••- ..• - .• , ...•... : ..• ..• ...: , • . • ' ' . . .• . • • • - .• . — • - • ., v • - ' . . - . . . • • • AMENDED NOTICE OF INTENT TO ISSUE PERMIT • : . (Upon satisfaction of special conditions) . . - :Date: November 13,2014 .• Permit?ipplicationNo:5-11,068 as amended through 5-11-068-Al . Page.20 Of 29.... • " ' such period running from•the date al-wording; The entirety of the'following land shall be offered for dedieationt• - .. . - . a., TTM 15317 Let A ActiVe:Park;. . • • b. trmi.5377 Let S Passive..Parlc; . . • •o• TTM 15377 T-Ot13.Sewer Lift.Station and public trail; . • d. TTM1p77 TIM.15377 Lot.X.Water Quality Natural Treatment System; . .e. TTM 15377 LotY Vegetated FloottProtectlion Peature,Vista Point and Vista Point trail; . • . ; 12. OMR.if.0 itittildATE EASEIVIENTS:FOR:•PUBLICACCESS AND RECREATION.AND FORTIABITAVCREATION.&ittSTORATION• .. • . .. . A. PitiOlt.TO ISSVANCE•OF THE COASTAL DEVELOPMENT PEit.MIT,.the.perrnittee shall execute and:reeorddOCUMenge)in a form and content acceptable tO•the BeentiVe . Director,irreVecably offering to dedicate to a public eon-cy(les)or non-profit entity(ies). .• acceptable to the Executive:Director,easCnientS•fOrPOblie access and recreation as proposed • • by tliepermitte.e•and as approved by this•perrnit . . : , I). Lot T,Lot Ti,1-011,.and Lot W[now known as Lot Tom revised TTM.Nci?..15377]fOr . public access and recreation;• , • ... ' 2) Lot 0,Lot P.,Lot and Lot 13.[now known as Lot'0 on revised TTM.Not,15177 1.for •• public.access and recreation; - 3). Lot C.and Lot D[now known as Lot 0 On'reiged TTM No.'15377]for public access and reoreatiOn; 4) Lot N for public access and recreation. - • , .. B. PRIOR TO'SST/A:Net.01F TEX•COASTAL DEVELOPMENT PERMIT,the perrnittee .• .• ' shall execute and record document(s)in a-fonn and content acceptable•to the'txecutive - Directorjrrevocably offering to dedicatelO the homeowners association proposed in .. conjunction withihe approval of this coastal development permit,easements for habitat restoration(as described in the approved final habitat manageh-ient plan approved by this • permit).of the following areas: .. . .. . ' • , - . 1) TTM 15377 Cot Z for wetland and habitat creation,restOration,maintenance and •preservation as approved bythis p.ermit; 2) TTlyi..13377 Lot AA for habitat creation,restoration,maintenance And preservation as' • approved by this..pernait; 1.) TTM 15377 Lot 13B and Lot CC Itc,be combined and re-lettered as appropriate]for - habitat creation,restoration,thaintenance.and pmervation as apprciyed by this permit and '. for c.ontinuation of the informal public trail; , . • ' 4) TT/415419 Lot A.for wetland.and habitat creation,restoration,maintenance and • . • preservation as approved by this permit. . .. ' C. The..recorded document(s)•shall include legal descriptions of both the perrnittees entire parcel(s) .. . . and the easement areaS. The.reeorded•decumeiit(s)shall reflect that development in the offered • . . area is restricted as set forth in the.Special Conditions of this perthit. The offer shall be recorded . free of prior liens and encumbrances that the Execijtiye Director determines may affect the . ' interest heingtonveyed.:The offer shall run with the land in favoref the Peopte•Of the State of . . .. . . . acy.is Document Number:2015000363684 Page: 152 ofertimn4.164 • ' 1362 . . . , . ., : • .. . „ . , .. AMENDED.NOTICE OF INTENT TO ISSUE PERMIT . t. (Upon sa.fisfaction of special-conditions) , . ]).ate:.November 13,201.4 . Permit Application N .:5tioa as amended through 5-11-068-At Pago.21. of 29 • Califernia,binding and:t.18itipo8,and shall be irrevocable:for aperiod Of.21 years, • .. , such period running from-the date of recording: The applicant's proposal for the.lands to be offero for public trails and habitat creation and restoration are generally depicted on the plan titled Site Plan,Revised Tentative Tract 1114p,15371 and 15419;City of Hutitingten Beach, prepared by Hunsalcer&Associates and:dated:May.24,2011 and received:in the Conunissieri's ' office&on.July2, ,2011. . . . . , . D. Thelands identified in this dedication shall be maintained in accordance with the approved. nal Habitat Management Plan and with the approved final Public Amenit-lea4 TrailManageMent Plan inquired Intliespecialcoridifiens of thikeastal deVelopment permit. .. . . . • 13. .COMANTS,CONDMONS.,AND.11g8TRICTION(tCeiT1?8):AND FINAL TitA:et. . Mitii.g. ' • . , . A.. COnaiakefit Wit')the apPlicanea..grOpOsal,.t.hp appliCantshalkStahlish covenants, . . conditions and eestrictions-(CC8ilts),or an equivalent the'reof,.for the.proposed development to address owners hip and matiagement of all public streets and:sidewalks of the iiibdiVision,Publio trails,public parks;habitat restoration and preservation areasi.. . - environmentally sensitive habitat areas,and common landscaped areas. The CC&Rs . : shall reflect all applicable requirements of this coastal development permit,inclUding,but ' not limited to the specifications Collopri4g*-devolopmot of the parks;trails.and • . habitat dreation,and restoration areas,and residential landscaping:as described in Special • . Condition 15 below and a prohibition'.on the use ofrodenticideS;as proposed by the applicant and As.conditioned by this permit The.CO&Ii.s shall include a provision, speCifidally stating that the CC&Rs shall not,be modified,-amend edor changed.in any mannerthat.woutd.render them inconsistent with any special condition and/or the • findings in coastal development permit;*Ober 5-11-068,approved by the Coastal Commission at its October 14,.2.012.hearing;any amendment made by the HOA , - . modifying.theCC&Rs in a manner that renders the modification inconsistent with any special condition and/or the in coastal development permit number 5.-11-068. shall be null and void.. . • - • B. As soon as a homeowner's association or similar entity comprised of the individual • owners Oft Ill proposed residential lots is activated,the applicant shall transfer title of the.area covered by theapbitat Management Plan and publie.access and recreation areas ... . • covered by the Public Amenities,andTrail Management Plan:to that'entity . , C. . PRIM TO 18SUAN.et:OF TEE COA$TALDOELOMENI.PERMIT,:and prior to recordation.(Zany CC&Rs,or tract maps associated with the approved project, . . proposed versions of said CC&Rs and tract maps 0)411 be submitted to the Executive. • Director for review-and•approvall The Executive Director's revie*shall.be for the purpose of ensuring compliance with the standard and special conditions of this coastal 1 . development permit,including ensuring that,pursuant to paragraph A of this condition,• the CC&Rs also reflect the ongoing restrictions and obligations imposed by these conditions, Therestriction on use of' the land cited within the special conditions of this 4 . . . .. .. .permit shall be identified on the Tract Map(s),where appropriate,as well as being'placed " • --1 in the CC&Rs. . ' • I . • I . 1 - • Revised 1i13/14 Document Number: 2015000283684 Page: 153 of 184 . : .i . 1363 .1 .„ . . .. (7------ ‘ .. • - • . . - . . . . , I- .. - . . . • . . • AMENDEI)..NOTICE:OP INTENT TO ISSUE.PERMIT It .(OponsatistactiOn of Special conditions) . •• . ' .Pate: November 13,7.0 .14 . • Permit ApplicatiOnNo,:5-41-068:as amended:through 5•111-0.6.841 . . -.• . - Page 22 of 29 , . D. Simultaneous with the recording of the final treat map(a)approved.by the - • Director,the permittee shall record the covenants,conditions and restrictions approved ,- • . .. by the Executive Diteator,;agailist the propetLy:. The applieant shall submit a recorded _ . copy of the conditions and restrictions within.3 0 days of their recordation to - the Executive Director. The CC&Rs may not be modified in a'manner that would render them inconsistent with any'provisien of thi's.permit.or of any plan or:other document. approved by the Executive Director pursuant to the couditionslof this permit Any change that would not a direct conflict between the CC&Rs and the provisions of . . • this permit or of any approved plan or other document shall be submitted to.the Executive Director,in writing,fdr.a determination esto whether such vita*rectnites.npproval of, the Coastal COrmnission. The BteentiVe DIV eCter shall have.90 day S in which to . . communicate a.determination to*Horrioowneraf Association.. If,withipthat 90 day pe.riOd,iliP: xecutive Director indicates.th0Conunission approval is required,no such change shall occur Until such ep.proVal is secured Otherwise,no Coastal Commission . approval shall be required. The CC&Rs shall indicate these restrictions within their . . • . terms. • , . • • . . . 14. LANDSCAPING PLAN—RESIDENTIAL AREA • , . . . . , A. The apptioant Shall-confcitni to the Map*planprepared hy-FredRadmaeher Associates;Inc.dated 11/18/08 as revised ihrough 1/7/1:0 for the common areas within the raSiclential land use designatlon-an4 zone only(LOts,E,F.,.0,-1);1,3,.1C,L,and/it:and . . • Lots 0,,P,Q,and.R[Lots 0,P,.0,and li.to be combined and re-lettered as appropriatej); ' • and Lots C,D and N,received in the South Coast District Office-on*y4„2010 showing vegetated landscaped areas consiating.efnative,planta or non-native drought• • tolerant:plants,which are non4nVasiye. No,plant species listed as,problematic and/or• . invasive by the.California Native Plant Society,the CaliforniaExotiC:PeSt Plant Council, I '• Or as may be identified from-time to time by the State of'California shall be enigoyed'or . allowed to naturalize or persist on the site. No plant species listed as a."noxious weed" by the State of California or the U.S.,Federal Government shall be utilized within the property; Existing vegetation that does not Conform to the above requirements shall be . . removed. B. PlgORTO ISSUANCE OF THEE COASTAL DEVELOPMENT PERMIT,the . pormittet Shall submit for the revieW and approval of the Executive Diredor;a revised . . ... landscape plan for the common.areas within the residential land use designation and zone . • . only(Lots Bs 14,G,H,I,4.,IC, L,and M;and Lots if),P,Q,and R[Lots Co,P,Q;and R to be combined and-re-lettered as appropriate])cleictipg the area.subject to the approved . Habitat Management Plan. . . C. . All future landscaping of residential lots(Lots 1 through 111)shall consist of native . plants or non-native drought tolerant plants,;.Which.are hOrAtiVaSive. No plant species . listed as problematic and/or invasive by the Califomia.NativePlant Society,the California Exotic PeSt Plant Council;or as may be identified fromstinle to time by the . • State of California shall be employed or alloWedlo naturalize or persist on the site. No plant species listed as a"noxioUs.weed"by the State of California or the U.S.Federal . . . . Government shall be utilized or allowed,to persist within the property Existing . . .. vegetation that does not conform to the above requirements shall be removed. D, PRIORTO ISSUANCE.OF Tilt COASTAL DEVELOPMENT PE.RMIT,the • pennittee shall submit;for the review and.approval of the Executive Director,landscape - aoiiistd 11/13114 Document Number: 201.50.00383684 Page: 154 of 184 1364 • . „ . . . .._ . , . ., •_,......-.-----1 . --...-.-. .....-.• ••,----.. • . . ' • _________ • .. : • • !. . ,. . AMENDER.NOTIa OF INTENT TO ISSUE.PERMIT : .;.• ., (Upon satisfaction of special conditions) ., . . - Date: November 13,2014 - • • Permit.Application No.:5-11-Q68 as,amended thrciugh 5-11-068-A1 • • Page 23.of'.20. . - , palette lists to be incorporated into the landscaping guidelines for future residential. • development The approved landscape palette list shall identify: I)the native plant • species that may be planted on the residential iota;' .a list of the non-native,non- • • invasive drought tolerant common garden plant species.that may beplanted ori the residential lots,3)the non-native,non-invasive.dradght.tolerant tart that triay be planted • • within approved turf areasin the parks;arid 4)the invasive plant species that are prohibited frornuse anywhere within the development.'Thelandscape palette for the developmentshalthe consittent With the Apprcived Plant Listfor NOrt-l-labitat/Non- lAtffer.Areaa as reviewed and approved by the Executive Director . .. E. These lists shall remain aVaileblefOr.:00nsultatiOit and Shall be recorded in the covenants, • - .. Conditions and•reitrictions.as:requirodbygpeeialtendition 13..Additions te or deletions from these lists:maybe madebythe Oxecutive.Direotor of the California Coastal Conartission,in consultation with.the'project's restoration:ecologist .F. No'deviations from the list shall occur in the plantings:on the:SitaWithont an amendment . - . to this Pena or a-tipw coastal development permit unless the ESentiveDirector • determines that ridarneridnierit or now.permit is required. . G.. 1onitoring Five years from the date of the completion of the installation of . • landscaping of the Common.areas as requirectin these.special eoriditions,the•penitittee shall submit,for the review and approval of the,Executive Director,a landscape - •• mOnitoring:report,prepared by a licensed landscape aitilitC4Cirquallaecitcatiource specialiSt.that certifies the on-sitelandscaping iSiti ocinformanee with the requirements . • • of the-special conditions of this permit and landscape plans approyedpursuant to the special conditions of this permit..The monitoring report include photographic documentation of plant speoies and plant overage:. If the landscapemonitoring repOrt , • i indicates the landscaping is not in conformance with.or has failed to meet the performancestandardsispecifiect in the landScaping.plan approved,pursuant tothispennit, . the perm ittee,or successors in interest,shall submit a revised or supplemental.landscape . plan for the review and approval oftheExecutivelDirector The revised landscapeplan • must be prepared by a licensed landscape architect or a qualified:reSource specialist and shall:specify measures to remedige those portions of the original plan that have failed or are not in conformance with the original approved plan, Thepenitittee.or successor in - . interest.shall implement.the supplemental landscaping plan.approved by the Executive . - • - Director and/or seek an amendment to this permit if required by theExecutive Director. H. The.permittee shall ondertake-developnient in.accorclanCe with the approved final plans, Any proposed changeS to the approved plan shall be reported to the Executive Diteetnr, . No changes to the approved plan shall occur without.a Commission amendment to.this . • coastal development permit unless the Executive Director determines that no amendment • . is requited. • - . . - - , . . - 15, CONSTRUON CTI STAGING AREA AND FENCING ' . . A. All Construction plans:and specifications for the project shall indicate that impacts to wetlands . . and environtrientally sensitive habitat aita§shall,be.avoided and that the California Coastal . Commission has not.authorized any impact to wetlands or other environmentally sensitive habitat 'areas. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the . 1 permittee shall submit a final construction staging and fencing plan for the review and approval . . ate Ekeeutlye Director which indicates that the construction in.the construction zone, i . . ' . • Revised.'1/13/14 Document Number: 20150.00383684 Page: 155 of 184 I . . 1365 . , • ' • '• '"•• . ' • ' - -. • AMENDED NOTICE OF INTENT TO•ISSUE PERMIT (Upon satisfaction of:SpeCial conditions) .• • Date: .NoVeniber.13,2014 Permit AppliCatiOn No.:541-06/1as.amended through 5-11-068-Al. 1540.24 of 29 • COilatt'action staging areas)atal.COnstPtietiO ebtadnr(s).shall avoid,impacts t.(5.Wetland's;ESUA, and other sensitive habitat aieas.consistent With-this:approval. The plan shall include the following requirements and elements: • 1) Wetlands and any:environmentally Aeitative•habitats Shall not be affected in any way,except as specifically authorized In.this permit • 1) Prior to commencement of construction;temporary barriers shall be placed at the limits of residential gi•acling.adjacent to the area,subject-to the approved final Habitat Management Plan. which includes wetlands and all B8HA.. Solid physical baniers:shall be used at the of graditigadjacent to•all ESTI:A.. Barriers and other v;,orlc area demarcations shall be inspected by a qualified biologist to assure that such barder§.anclior demarcations are installed consistent with the requirements of thiS pennit: All telnligrary barriers,staking and fencing Shall be -removed upon'completion of construction. 3) No grading,stockpiling.9r earth moving with heavy equipment shall within talk • wetlands or their designated buffers,except as noted in the final Habitat Management Plan . • approved.bithe Executive Direptor. 4) The plan shall,demonstrate that • - a. Censt notion equipment,materials or activity within the area stibleet to•the approved final Habitat Management Olen shall be the Minimum.necessary to aceoiriplialbtrie goals outlined in the.approved fine'Habitat 1Vranagem pnt Plan: Deep grading and construction within the residential area of the projent.shall,avoid adverse impacts upon the,adjacent area subject to the approved final Habitat Management Plan;.add . •• e: Construction equipment,materials;or activity shall not be stored within any BMA wetlands or their buffers and shall not be pipped.in any location that would result in- . impacts to Wetlands,ESHA or other sensitive habitat, 5) The plan shall include,at a.mininnun;the following components: A. A site plan tbat.depicts; i Limits of the.staging area(s) • ii. Construction.corridor(s)' .• • iii. Construetion.site ' . iy Location of construction fending and temporary jOb.trailers with respect to .• existing wetlands and sensitive habitat • •• v. Compliance With the apprOVed.Water Quality Management Plan prepared by Hunsaker and Associates,dated.9/11/09. vi. Measures to he employed-to.avipid-adverse impacts on wetlands,.ESHA and other sensitive-habitat. ) B. The permittee.shall undertake development in accordance with the approved final plans. Any proposed Changes to the approved final plans shall be reported to the Executive Director: No changes to the approved final plans shall occur without a Contnission amendment to this coastal development-permit unless the Executive Direttor determines. that no amendment-is required. • • • • Retsod Document Number: 2015000383684 Page: 156 of 11/13/14 1366 ' .. • - • . ._...- _ • ' .--------. ' ..• • . .,--- ___. . ......._ . . . • ... 6 . . 6 - ..• • 6 - . a. AMENDED NOTICE OF INTENT TO I§SV.E.PERMIT , • .. Upon satisfaction of special conditions) • Date:. November 13,2014 Permit Application No..:5-11-048.as amended through.5-1,1-0$841: . - • - Page 25 of 29• . - . . • . . 16.. LIGHTING •., .. , A. All lighting Within.the development Shall be:directed and shielded:so That light is directed. . away from yzetlands,ESHA,and.other habitat and buffer areas._Floodlarnp.shielding. and/or sodium bulbs shall be used in developed areas to reduce the amount Of stray lighting into wetland and habitat creation and;restoration areas. Furthermore,no • . SkyWard-castinglightingshall.be-used: The lowest intensity lighting shall be used that is appropriate to the intended use of the lighting. PRIOR TO ISSUANCE.Ok•THE CO.AgrALDEVVOIVIS.Nr..PERMIT,.thapertnittee shall s.ubmkforthe review. . ..,. . , . . . . approval of the Executive.Director,4 With*plan to protect the wetlands,ESliA,and' • other habitat and buffer areas from light generated by:the-project. The lighting plan to be submitted to the Executive Duector shall.he accompanied by an analysis of the lighting ' plan prepared-by a,cnialifiedbioltigist WWII documents.that it.is•effective at preventing lighting impacts upon adjacent wetlands and environmentally sensitive habitat and buffer • at*: . • .-- . B. The permitteeshall undertake deNiolepr.nent In accordance with the approved:final:plans, "-.. Any proposed changes to the approved final plans shall be reported to the Exeoutivo - - Director.. No changes 011ie approved final plant.shall occur without a CommisSion. amendment to this,cOattaldevelo development permit the Executive Director deterrnitiet .. . . . • that no amendment is required.i - . . • . 17. . WALLS.FENCES,GATES;•SAVETY'DEViCES AND BOUNDARIESIN OPEN SPACE HABITA.T AREAS. ..... . , . . A. As proposed,all fences,gates,..safety devices and boundary tieatmenta'Within or .. • controlling-access to.wetlands,environmentally sensitive habitat areas(MA),and . . buffer areas,Shall be designed to.allow the free ingress,egress and traversal of the habitat areas Of the site by wildlife,including the coyote. Where the backyards of residences . -• (Lots 34 through 41)abutthe EPA trail area lots(Lots•T.,1.1.,\,,,'S.11-Ito be combined and • re-lettered as appropriate)of TIM 15377),.there shall be Walls,fences,gates,safeb, • devices.and boundary treatments,as necessary,to.contain domestic animals within the. • residential development and along the approved trails and exclude such animals from . sensitive habitat areas, . • . . . . B, The perinittee Shall undertake develOpment in accordance with the approVal final plans. . Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to thC•approved filial plans shall occur without a Commission •. . amendment.to thit:coastal development permit unless the.Extentive Director determines that no amendment it.required, . . .• . . 18: ' WATER QUALITY MANAGEMENT.PLAN . • A. The applicant shall*lenient theWater Quality Management Plan(WQMP),.as.ptopoted and , described in the doeumentprepared by 1unsaker'&Assoeiates,dated 9/11/09,including the recommendations by GeoSyntec in the document titled Parktide Estates,Tentative Tracts 15377 and 15419,Water Quality Evaluation(Final),dated February 2009,and attached as Appendix E • . to the WQMP. Any proposed changes to the approved plan shall be reported to the Executive • •ReViecil.11p/1.4 - " , • Document Number: 20150.00388684 Page: 157 of 184 , . . 1367 .. . . c ' . , c.,... • - AMENDED.NOTICE.OF INTENT TO ISSUE.PERMIT .c. (Upon.satisfaction.ofspeoial•oonditionsY . . Date: November 1.3,2014 • • Permit Application No.:5-11.-068.48.amended through-S-11-06841: • Page 26 of 29. • • . . • • Direoter: NO Changes to The approyedplaw shall occur without a Cornmisslon'amendrnent to•this coastal development:permit era new coastal development permit unless the.Executiye Director - . deterMines.that amendment is legally required. • . ,. . . . . , B. 'Offer of dedication to the City oflinntington.)34oh of theNatural.TreatmentSyStent proposed within LOX shall be made upon completion of construction by the.perMittee of the Natural Treatment System and prior to.ocoupency of any proposed Prlifect residence. . . , . • 19.CONFORMANCE OF.DESIGN AND•CONSTRIICTION PLANS.TOIGEOTECHNICAL- , •;- . REPORT ..' - • . . . . . . :. . . , . . • .' A. .All final 0:10igli-ilnetcoriStritetienplanS,including all overexcavation and recompacting plans,all. - ciewatexing„foundations,grading and drainage plans;shalt be.consistent with all . • recommendations contained in the following(foments...If reconunendations have been revised • .• i in later reports,the final design and.construCtiOn plans shall be with the most recent version of all • recOmmendations. . .. .. . . . 1. Pacific SbilsEngineering.(Nover0er 25,2008)Updated Geotechnical Report:and ,. . . . . 40-.Scale.Grading Plan Review,-Parkside Estates,Tract 15117,City Of Htintington . - • Beach,California; .. , - • . • • ., • • - . 2, FaCific:Soils•Engineeiing(February 5,2009)Response to City of Huntington Beach, . Review comment,Tentative Tract Maps 15377.6015419.,Parkside Estates,.City of aintington.Beriek:California; . . . - 5.• Fadific.Soils Engineering(May 28,209)Update of Groundwater Monitoring . . . . . a ProgrrrOarksideEstatea,CityOf Beach,California;' • . . . . - .4. Padift SeilS Engineering.(Septeniber 14,20.09)Cover Letteeto Adconipany • • Dewatering Review,Tentative Tract Map 15877,Parkaide.Estates,City of. . • Huntington Ewoh,_Cfiliforpitt; • . . • •• . 5. Pacific.Soils Engineering andliunsaker&Associates(September 1,2009)Rough Grading Plan for Tentative Tract 15377 and.Tentative Tract 1.54.19;Approval in •. . . • Concept9/4/09;Plailning Division,City ofliuntington,Nine Sheets; • • i . . 6. Hunsaker&Associates(9/18/09)Orange County OC Public Works Department. • • Plans for Construction.of a portiOn ofEast•Garden Grove-Wintersburg Channel, , . OCFCD Facility NO;'.COS.frOinl-1 do;feet downstnam of Graham St to Downstream . . ... ' . . . of Graham St and Vegetated-Flood Control Facility(VFOP)from North Side of Wintersburg Channel to 600 feet-North of Wintersbing Channel,Nine Sheets; . . _ 7.• Hunsaker&AsSociates(9/18/09)Storm Drain Improvement Plans for Tract 15377,2 • . Sheets; • .. . •• . 8. HunSaker&ASsociatcs(I/12/10)Rough Grading Plans; , . . • . . •• . 9. Hunsaker 4 Associates(540/11)Orange County OC'Public•WorksDepartment, , Plans for Construction of a portion of East Garden Grove-,:Wintersbing Channel, ' . OCFCD.Facility No;CO5 from 2100feet downstream of Graham St to Downstream . •. • of Graham St.and the Vegetated Flood Control Feature(VFPF)frorn North Side of . ' Wintersburg Channel to 600 feet Noith of Winters burg Channel,Nine Sheets; . . . . ,. . ' ' itpi`esi• . Document Number: 2M0.00383684 Page: 158 of iiinii4 1444 . 1368 • . • . .. • - AMENDED NOTICE OFINTENT TO ISSUE PERMIT (Upon satisfaction of special•eOnditions) .• Date: November 13).2014 Permit Application No.:5.-11-068:as amended.through.5-.11-0,5g-A1 • Page.21pf 29 . 10.. L8A.Associates,Inc.,(fuly 14,411)Revised Oeotechnica1 and Arehaeolegical . Mon itoringReport,-ProjectNo.-SH.0.1001 Phasel; 11. Alta California GeoteohniCalOrie,,Qtily 2.1,2011)"Transmittal of Fill Removal and Replacement Detail,Vegetated Flood ProteotionFeaturei-Parkside Estates", • B., PRIOR TO THE ISSUANCE OF Tff. cotisTAL.DumormNrrnmit the • . pernuttee shagsubtriit,'for the*Executive Director's review and approVal,evidence that an appropriately licensed protes$Ional has reviewed_and approved all final design and'construction plans and certified that each of those final plans is oonsisteat witli.all of the recommendations speCifiedin'the.abOye-refereneed geologic evaluations approved by the California Coastal Commission for'theprojecttite. . . 4.- • C, The pennittee shall undertake accordance with the approved final plant. Any proposed changes to the approvedfinal•Planathall be reported to the'Executive PirectOr.No . changes to the approved final plans shall occur without a Commission amendment to this coastal cievelOpment permit unless the Executive Director detettnines that no amendment is required. _ . . . . . . • 20. VUTURE.DEVELOP1VIENT RESTRICTION . ,. This perntit is only.fer the development described in Coastal Development PernlitisTb,541-068. Pursuant to Title 14,California Code of Regulations,sections 13250(b)(6)and 13255(b)(4,-the. .. exemptions otherwise provided in Public Resources Code, eetiOn.301.0(a)and'30610(b)shall not apply • to any of following lots of proposedItM'15317.t.each of the letteredlota,.6ta.ft-foitovvik numberedhetidential Jots:.Lots 2 and 3,Lots 25 4-24,Lots 34.throngh.41 inclusive,Lot 1 and Lot 111. In•addition,the•exemptions cited abOVeshall.not.apply to all of TIVI 15419 in its entirety• Accordingly, any future improvements on each of the lettered lots.or to any of the single family residential lots liatedin . . . this condition for TIM 15377 or to any portion of ilk'0419,including,but not limited to,repair and , maintenance identified as requiring a permit in Public Resources Code,s.ectiOn 306100 and Title 14, • California Code of Regulations,sections 13252(a)-(b),shall require an amendment to Permit No.5,11- 08-from the Commission or shall require an additional coastal development permit.horn the Commission Or from the applicable codified-local government,unless the Executive'Director of the COntinission determines that no araondMent or new permit.is required. . • . . • 21. ASSUMPTION OF RISK . . , . • • . - . . By acceptanCeofthis_permit,the permittee acknowledges and agrees(i)that the site may be subject to hazards from flooding,tsunami,liquefaction and earth movement,(ii)to.assume the riairs to.the perrnittee and the-property that is the subject of this permit of injury aid damage from.such hazards in connection- with this permitted development,OW to unconditionally waive any claim of damage or liability against the.Comthission,its officers,agents,and employees.for injury or damage from.such hazards;and(iv)to x. indemnify and hold harmless the Commission,its officers,agents,and employees with respect to.the , Commission's approval of the.project against any and all liability,claims,demands,damages,costs (including tests and feet'incurred;iu defense•of such claims),expenses,and amounts paid in settlement arising from any injury or damage due to such hazards. . . •. , • . . . • I. .. . • . . ' _ • 4 • , • Revised 11/13/14 Document Number: 20150.00383684 Page: 159 of 184 • 1369 • . . ,---.-.----e-•----- •- --- •-•.. -.. .-------- - --. , ... •. , . . . - .c, . ,. . AMENDED„NOTICE OF INTENT TO ISSUE PERMIT . --": (Vpon satisfaction of special conditions) • - . . .Date: November 13,2014 , Permit Application NO.,:5-1 l:-068 as amended:.through 5,-11-068-Al- • . . Page 28 029' . . . - • . . . . 22. LIABILTIYFOR.COSTS.AND ATTORNEYS.PEES, ' The Permittees shall reimburse the Coastal Commission in full for all Coastal.Commission costs and • attorneys fees—*hiding(1)those Charged by the Offiee of the Attorney'General,and(2)any court . costs and attorrieys'feeSthat the Coastal Commission may be required by a 000 to pay,-, that the Coastal Commission incurs in connection With the defense of any aetien bretigbt.by a,party other than the •. applicant against the Coastal Commission,its officers,employees;agents,successors and assigns challenging the approval or issuance of this permit. The Coastal COiDIrnSSIQII authority to conduct and direct the defense.0a*such action against the Coastal Commission, ., • .. .. .. • 23. COMPLIANCE' • . . . . . • : All development shall occur in strict compliance with the proposal as set forth in the application for . . , permit,subject to any changes approved in this permit and subject to any approved revised plans provided• in compliance with the Special Conditions of this coastal development perrnit. Any proposed Change from the approved plans must be reviewed and approved by the Executive Director to determine if an. . amendment Or OW permit is necessary. . • -. . .24. LOCAL GOVERNMENT.APPROVAL • - • Except as modified by the conditions ofthis coastal development permit,all requirements and conditions 'approved and imposed by the City of Huntington Beach up.on-the proposed project remain- in effee- ti. • „. '25;. WrISDRAW.PROACT APPROVED BY LOCAL GOVERNMENT ' . . . . . . . • . • By aereeptanee of this permit;the applicant:agreed to withdraw theripplication for deVelopmentof the . subject site approved by The local government and to abandon and extinguish all rights.and/or entitlements that may exist relative to theCity'S approval of a project at the subject site that is4hesubject • of Coastal Commission.ANieal'NO.J'.il,, -f110402-.:376. . . . • • . . . 26,• GROUNDWATER AND SUBSIDENCE MONITORING • • . A. :Pr to iskrance.of the coastal development permit,the applicant shall.submit for the review and approval of the:g.xecutiVe Director,a•groundwater and subsidence monitoring plau for•the proposed, development The monitoring plan must include the requirerneat that if the monitoring reveals that drawdown to-8 feet(1\4$1.,NOD.88).has.aeurred-along the northern property-line or to-.19 feet (MSL.14AVD:8S)at the southeast corner of the site and/or that'A inch of subsidence hat occurred either at the northern property line orin the southeast corner of the site all groundwater pumping shall . . cease iMinediately. In addition,:the monitoring plan shall,at a minimum,establish Methods for monitoring the groundwater dravydown and subsidence at the site along the northern property tine and .. at southeast Oilier of the site and the minimum number and location of monitoring wells. The. . - methods of monitoring must include,but 00.44!United to,the frequency of InOnitOring,the . . party(ieS)responsible for conducting the monitoring,preparation of a.mitigation plan addressing any - identified impacts resulting from site deWatering and/or subsidence,and a time frame for preparing and submitting the required mitigation plan to the Executive Director. The mitigation plan shall be required if any of the above thresholds are-met;and shalibe submitted,pursuant to axequest for an . . amendment to this coastal development permit The mitigation plan.shall address any impacts arising from the identified groundwater drawdown and/or subsidence. . . . . • ( • • Revised llat4 Document Number: 20150.00383684 Page: 160 of 184 . 1370 ". . a ' • • • AMENDED NOTICE.OF INTENT TO:ISSUE PERMIT . • •• (Upon satisfaction of special conditions) Date; November 13,2014 . . Perna Application No. 5•,,1.1-0.68 as.amended through • P.a.ges9 Of 29 B. The-permittee 414 undertake develOpittent in accordance With the approved.final plans. Any proposed changes to the approved final plena Shill be reported to the EXeCtitiVe Director. No Changes to the approyed:final plans shall occur without a commission amendment,to this coastal development. permit unless the jrectitive:Diteotordetertnitto ib4 no en-10441ot ia.rectiiired.. .27. INSPECTIONS • . . The Comitiis Sion staff shell:be allowed toinspect*Site.and the.project during its development,subject., to 24-hour advance notide. • • • 28. BURR:OWING OWL INSPECTION PLAN • • . - r..toisattariCe ofthe coastyc pmet Pertnit.tbe applicant shall submit to the..Execntive Director for review and written aPPttival,444405 prepared.in consultation with the California Department • of Fish and Game(CDPG);to implement thefollowing: -• Priorto.issuance.of the CDP,the appliCantiliallirnPlethent the non-breeding:and'breeding season survey protOcol provided in the CDFO.StaftRepprt on Bun owing Owl Mitigation(March.2012). Survey results will he reported to the Executive Director: If surveys indicate substantial use for at least-three weeks of the Parkside Estates project drea;,:i.e.::spstained use.of one or more bpnows during either the non-breeding or:breeding season,the mitigation measures identified in the CMG Staff Report will • . implemented;specifically to avoid direct iMpacte fo.odoupied'burrows:onto natal burrows during.the breeding:season. This:survey procedure align be repeated 30 clays prior to the.beginning.of Construction. habitat mitigation in accordance with the protocol,if.indicated by positive results of either survey,Will be included within,the Habitat Management (WO area,and the finalBMP•shall include modifications to enhance the potential for utilization of-Ital.-IMP area by bun owing owls. Specifically,the IIMP•shall include a section detailing the location and specifleationi for two artificial nest structure;designed for the bun owing owl for each burrowing owl using the area. Vegetation plans in the vicinity of these . structures Shall Contain species appropriate to netive.Cgiforniastei.slen0 and coastal sage communities in coastal Southern California areas. COnsiOeration:will be given to more open and sparse vegetation; suitable for burrowing oy%il%raging,for the review and approval ofthe Executive:Director.: • • . . • . . • • . . • • • • . . 5 1•11-0684-11-068-A 1(Shea Homes)NOt 11.13.14.Inv • • • Revised 1/13/14 • Document Number: 2016000388684 Page: 161 of 184 • . • 1371 EXHIBIT C Legal Description and Graphic Depiction of Public Access Easement Areas. Document Number: 2018000388684 Page:. 162 of 184 1372 • EXHIBIT "C" . Sketch to,Accompany EXHIBIT... Description INDEX. MAP 9 , a GRAHAM STREETTh g � ( ASIS OF BEARINGS).�NOQ°1U'S0•E 21'84.56' ----i-1...." . (', .. 11 • ,. .1 0... 4p--.:-. .a__ • t o� c„._ k: �ti LEGEND z . W LOT C E :r. : o O . • PARCEL BOUNDARY `' '�' • Ja, -A. EASEMENT LINE o • '..t O✓ 0 �' ' `` PAGE REFERENCE -:~, t'�.I: - I� ro, 0 • OFFSITE:.REFERENCE tip;: z -* .% LOT/RIGHT OF WAY LINES •;:.:' x P1 no • - CENTERLINE. 2. INDICATES z ... . .. .• ' . • . ... ` PAGE:. NUMBER �RF qF � .• . LOT N . ?q I I o \bli(7). . \. \ illk 0 :.\ 1::::'.3.:. . :�:• k . LOT T is I..;;' ,.i s 'i:; I... `e::.i r . 'r. BOLSA CHICA STREET 6' BASIS OF BEARINGS LOS PATOS AVENUE/ THE BEARINGS SHOWN HEREON ARE BASED.ON THE BEARING BETWEEN 0.C.S. HORIZONTAL CONTROL $TATIUN GPS. No. 5095 AND STATION GPS No. 5079. BEING N00.°10'50°E PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. f-'`I, HUNS:AKER s& ASSOCIATES S:HEA. HOMES PARKSIDEESTATES '� Pt NNINC 1■ ENaNEERING • SURVE'1NG' PUBLIC ACCESS EASEMENT AREA PROPERTY •three Hughe:.• i*e, CA 9zb1e .Pk i949)5e310,10: X(949)'$910159 IN THE:CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE;STATE OF.CALIFORNIA DAiE: REV. Dwc 03/27/13. UAYE,. 04108/15 eY LI<F Cu. . sr.a R.: 8EUSCHLLEIN SCALE: .t =4.00 WO..0061-429 I:\MWD—SHEA\Id\8003\SHTO1.dwg H&A LEGAL No. 8003 PAGE 1 OF 12 Document Number: 20160.00383684 Page: 163 of 184 . 1373 . . . . . . . • EXHIBIT' "...CA GRAHAM STREET Sketch to Aoponzpany Legctl.pescriptity0 . : ,..............,..-!TH------!S00°10'50''W--'••" (..)• —-.. ==w •<if)\--N —-.G;= •••- LIA . 6 361.13 LU et, • • CS 1 'b 0J 4z- c ,—NOW1C-50”8 206.87'.----..!-• i • • I- • NO0 10 50 E 61.37 4 - • V ict) '• d P os is 4-.' •Ir a: S'. ' •% .<,-.• 4 4 q.,, \,• . . . ,b • • • ',...-SOd°10'50."W 211:31' --..-- "tib 14-1 ai C)c (LEGEND. , ,. - .r-..'' _ 1-.•- e)A . •• '• CI: _9 • PARCEL BOUNDARY -_ . In to irgw) in co * -4- ------•, EASEMENT LINE h w°3c1) : Q .- CENTERLINE 1 •' i... s.1,- ' iLl LOT0 fLliI ? b•-• . • : r•-•;;i AREA = 1,772 ACRES . ...?c, — 1:fri • 0 107° Zti 0 Ki csi c„ . •.,,,,,, c,,.. i.,s c, - sobbintrw --,.?1% .• 4 ,w" 3 . 6 •I:;: ., . , • - LI scv II -P.. 8.00' , F141 t/ A 0 €4 •q:::. . • / 1E1)1 . / ;c)-0 • • 1,18.0!35.3rW/ el ZS e).....-...z, r•. 12,00* •• • - r? CD 7/j AD In !P.A./ soo°1w.i....,- .I'N — - 0 N OW 0.50"E 51;18' -----7-- c!•tc,,,;. , r- N08°3507.E_.,..-,' cb . ;., • i' RAD. 28'56„ ci,1•,,,f .`i•' .4° (j 4- :1:). CS.. . 5.09,; e* .: n,ce 52 ., ., r& •(•±,. so':::„, :. in ( , c I,—• "314:::i PH•cc ° ty v., 4 .2*..' Nli:t 42.(sw Aij PI,1.,...1 II? CNI; .11 II IL' CV... • ;SO/ • LOT C -::i. co 1 AREA = 6.332 ACRES. ,x)cs e•-:-.- <#./(k- „...,..• 2 1713 v-el NI" . ---- N 1 -47 II il • ,-; •cqi 0 • oc:i ik- co 1 Ct. c‘ilcZ. Is 802°32'52W . -,1,z,Nr- 1 N25°34'25t--------- • :.... •4-... RAD ..c? ci- cv cz.ry.'"'". :-Ni %-)„ -8ic, - •co,id -. .0 0. ro P, g .s..•,,(j"cf? 53 z C‘i it * 0 id Z3 Id`A? cri 4 4 A?^, ez, 1 1 cv cv o, cv• — 4 Eg . 4 4 3 1-.-, :•-• i.::. -%. i..: : i'"..:i::'i:-.=, ,.:.: : -..:•-:: .i : I..:•:;..:...i..1 i 1•••• : r • 7, Innr9. cn n- r)r- 03 tri 0) LIVcsi '...:.. :••:-.• . :. :.....T.' CO CN A r •-'. I • I‘ ! 1 I I r•-.. i to co . %in st./ \\ .800°24'23*W if ::..::::::f....:.1 : In i'•;. *cc)a `,„--30:00.--, . • •• •• •• • • • •• • '• -•• SEE • PAGE fis 3: . --F-1, - HON:SAKER Sa.; ASSOCIATES SHEA HOMES. PARKSIDE ESTATES IRV VINE , INC .. StliNEYING PUBLIC ACCESS EASEMENT AREA PROPERTY • , pLANkING • ENtiNEF:RIN ' "three Hughes.kale, cA 92615..Pit(949)5834010.4 ix IN(949).•83-07i.9 INT*CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STAIt'O. :CAUFOFtNIA REV. .DV1C • °Alt' 03/27/13 opE. 04/08/14 By: LKF r R. BEUSCHLEIN •SCALE: 1"..--40. WO 0001429 • 1:\k•AWO—S1-1EA\Id\NRAT., 34.,.... 20150003g3:684 4:1LEFet..cool 4,03 PAGE'2 OF 12 1374 . . • • • • • EXHIBIT "C°. Sketoh, o AocompitAii Leg41 D.egtriptiort • SEE PAGE 2 I. 1 1,9 LEGEND PARCEL BOUNDARY EASEMENT LINE IT=40:00.' i L=6.28' • • Jju A • • co- 1.1 cx .,c) co • ,•,•••: 4. 4 : . i..; . • • • • % : *: • " • •1.1—115.• b. *c, • AP' 0) • • • • to • LOT 0 •'s AREA = 1.172 ACRES `rt- .-!.49/ • Bo 41;ii cc. . • co ie 14) • ,A•V 6) • •4§)• 'S • co , z 'A\• \f" e/ • • 'HUNSAKER & ASSOCIATES .SHEA HOMES PARKSIDE ESTATES: PLANNING • • SURVWING PUBLIC. ACCESS EASEMENT AREA PROPERTY ENGINEERING 1hve Hughes•k CA 92618•Pit.(949)583-1010•:1) 9)Sia•BaSB IN THE COY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA DATE: .0 V27/1 3 :14TE 04/08/14 • LKF .004 ' By: R. .BEUStHLEIN SCALE:• 1"=40' W.O 0061429 ‘. 1:\MWD—SHEA\I'd\8OO$N8HT03.dw_q .H&A LEGAL No. 13 003 PAGE 3.OP 12: Docurrient Nurriller: 20 170'.0f=68T1- aye. 1- 5 of M4 1375 .. . • EXHIBIT "C" Sketch to Accompany Legal Description ,...N26°06. 7''E , ,.' 16-ab7iiio, . w R'-'215.00, 11$963.6'. 7"W '4 SEE PAGE 2 ./„.. i AREA = 0.33 AcRE.S UJ 477,15700'23* % S89°35 3 E t % 11-3460' L.---79.88, , I LEGEND . PARCEL BOUNDARY To EASEMENT LINE -CE CENTERLINE LLI , LO CC -•• V) .• • . •: •••:... I\ M. -.- < r3 T IT o cr t\I l c) '," : :...1 : 0 to In. b a' !..0 — a i:.....1 Ca E".7.- f".: :I "'IC::i 0 ''.*:: :*"; i::' ,?, — -0 0 b 0 0. o -0 . z , g o 0 • ; - • I id 4' ,.b,153 19 I . .0- • . ei.. \-\c SEE PAGE 7 1.4 RIJNSAKER & ASSOCIATES SHEA HOMES PARKSIDE ESTATES .& lityINE , / N G •P SURVEYING PUBLIC ACCESS EASEMENT AREA PROPERTY ' PLANNING • ENGINEMNG Mime Htiglin•Imiii; tA t2618•Pit(g4?)5414Lip•rt 1949 500759 IN THE CITY OP HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA DA1E; 03/27A 3 gEA%-ii 04/08/14 1-117 LKF itd R. BEUSCHLEIN SCALE. 1"=40' WA 0061-429 t:\mwD-8HEA\id\tiougvgrp4.dw$,cr. 2a1.660086.3c8444tlizitt.40403 PAGE 4 OF 12 1376 .• t •• • _ EXHIBIT "C" N79°15'24PE'-- ,, Sketch to Accompany Legal Description 10.98' \ \ O▪ e six e ...k•/ 1 a 7s.,CC 1\c5'', / ,, I 4 ..CV LEGEND chi L. • 1`.:9 EASEMENT OK ..<0'• 0)r. 4.3.:b 7• 4 0 ii I ,i19;./C,• " ..._„, .40,f,c1k._ .. -4, • Ai, W 7--. ,— II $I --1 AV0: I 1 A''•,4- ,.ba; \_14§2bGe (77.1. re 1:. iitOiR'll°i : ifAb (R774-7)\ % \- \‘ LOT T AREA = 0.858 ACRES Nit°78.. . ' t..,14•3 ii:46 •1:_,'-.49"iv '02.3q143°- . Re .•, 26.s9 371°43'4I?W 12 OOtt. .(14AD1 v , . . 'Z' 'N. 4 a'11'.'' . 4006 ‘']'(.6 ib• 73,d, ,4 ;\ %.> • i 0 \, S %c".t9.s .•••• 17% :. :. : . :".i i::.i::-,r...,.; \O. ::.:ri.i•;, -i i i..i:...:...i:.) ‘ '1, . . 6 • , 4 • 5 QD 4 vsis 50.• ,o , co ,ts q NO. i ' • Lb N• c.) e :..:',1 i.:::si*:: 7*.t 1 ".:.1"&:C; t.: .!•-• r't L.0 • I-14 LA Hs HUNSAKER. Ea. ASSOCIATES ' SHEA HOMES PARKSIDE ESTATES &AiRtif kt , INc .PLANNING • ENGINEOLING • WM/EYING PUBLIC ACCESS EASEMENT AREA. PROPERTY ---" Thrce Hug*i hirie, cit.9261i•Pa(SO 5834610•Fk:(94)560759 IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE.OF CALIFORNIA DW.' 03/27/0 1 o,..c. .04/08/14 I ry licF Cled Hp Ft BEOSOHLEIN: SCALP r=40. W.O. 006.1429: — 1:\MWD-8HE.A\id\WO.3\SHT05.do H4A LEGAL No. 8003 PAGE 5 OF 12 liDouurfieril. Nurrali. 2011r.0038736o4 Page: 16 Oi TM 1377 . . .. EXHIBIT "C" 0 Sketch to ACcOttpang•Legal Description, 6.54 ..-- A",‘".. -: ' g-AAt•C)Ir1/41, .Nik' s6:3°40' 91'w • ...„..,-- UJ LOT T k P-I AREA = 0.658 ACRES (47. LEGEND ..co PARCEL eOUNDARY k • EASEMENT LINE. . co. c:5 ' 07 A/ .,.. ....- . ii :.: ,t• : :-. . ('11 S..) zo ‘---/Y.0?°i • 3 . -.9• kt-i-, Fi 4 tz. 1,, -,,, , •. : .. :,. . . . i. : • ... .. 1 T-- 1 t•-: '4- 0 Ili a < Fi E; ID: — 3 . z CD CV 10 t/) 10 N CI) N% 'CO . . d 6 • Llj L., 0... E: < \I 7\ ;- ---...- 59100' 1900 26' --"— LIJ . 563°40'29"W LW (f) HUNSAKR St ASSOCIATES I . SHEA HOMES PARKSIDE ESTATES PLANNING . ENGINEERING a SURVEYING I : PUBLIC ACCESS EASEMENT AREA. PROPERTY Vies'Hug*•in.*: CA 142.618•Pik(949)593•1010•Ft(30 5ti.3-Cti39 - IN THE CITY OF:HUNTINGTON GEAON,COUNTY OF ORANGE;STATE OF CALIFORNIA DA114 03/27./13 glik 04)08/14 I 487 LIT 03\SHTQ.§..4Wg ,_q r R. BEOSCHLEIN 8LA ..sCALE; 1".401 W.O.!:1061-4.28 I:\MWD—SHEA\Id\8 . 2€fri.,..e.e.e3.8308 iy j.EPM A Np.4193 PAGE § GE 12 UkA.mi flu'it min 1 I tit 1378 EXHIBIT "C" Sketch to Accompany Legal:Description LEGEND PARCEE BOUNDARY 1 EASEMENT LINE . • ' . :,11 :. :::.t r"i.."i 1. : ii:i:•-......:,.. ... :.#%. • . 10-50 , ::. : :•,„ .: :. : E:'•:.:,:*; : . :,i ).. 1.1.1 01; U :•.- < • 0 : i..: ...: 1...t '...—`7 ? :....7::..:::•.. a. --, TA ic (11 c" 0 elt, Ix 0 '."c3 u..1 ." .N., I-1j C. • 0 :fr ‘3) 4j•q^ 0 v?.. 90 LOT N cl" 4 1.C3 . . q5 •- 15 L.0 U - CI. 0'c)6 . , LLI CA • t 4 HUNSAKER & ASSOCIATES SHEA HOMES PARKS.IDE ESTATES kt\ IR VINE , INC .PLANNING . ENGINEERING I SURVEYING PUBLIC ACCESS EASEMENT AREA PROPERTY —r I ,,.. Three Hug* •Irme, cA 92619••Pit PO*-1019,HX(940 583-07i6 iN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA D41E' 03/27/13 OEAvii 04/08/14 jrs LKF I ;:33:;.'d R. BOSCHL.tIN SCALE 1"#30' W.O. 00e1429 1:\mwo-LFgA\icivt1,003\shlf0/.dw.0 H&A LEGAL No. 8°03 PAGE 7 OF'12 Dui,wileili Nutiii,) 1. 2601Y3•83884 ciyu. tft9 or tt4 1379 EXHIBIT"C" LEGAL DESCRIPTION OF PUBLIC ACCESS EASEMENT AREA PROPERTY LOT 0:0V TT1111 No..15317 described as•follows:: Portion of the real property located in the City of Huntington Beach, County of Orange, State Of California, said portion lying within Parcel "A" as.described in that Grant Deed. recorded September 19, 1996 as Instrument No. 19960479182.of Official Records of said. Countydeseribed as.f011ows: BEGINNING at a.point on:the northerly boundary of said.Parcel.A lying..North 89°35'37" • West 40.00 feet from the northeast-corner of said parcel; thence continuing along said. betridary,:N.Orth.89°35'37" West 1437..70.feet.to a non4tangent curve concave.northeasterly having a radius of.50.00 feet, a radial line to. the beginning of said curve bears North 84°4143" Westi;,thence'southeasterly 71.63 feet along said curve through a central angle Of 82°05'15"; thence S.outh 76°46'58" East•.68.40 feet to a non-tangent curve concave southerly having a radius of 70.00:feet, a radial line to the.. beginning of said curve bears North. 52°3914! West; thence easterly 75.83 feet along said curve through a central. angle of 62°041.1";.thence South 80°.3.51317"East 53.66 feet to a curve,concave northerly having a radius of 40.00 feet; thence easterly 628 feet along said cUrve.through a'central angle of 9°00'00"; thence South .89935181" East 911.46 feet. to'a curve concave southerly having a. radius of 275'.00 feet;thence easterly.105.6.8 feet along said Curie through:a central angle of 22°01'03" to.a reverse curve concave northerly having a.radius of 225:00 feet;thence easterly 54:34 feet along, said curve through a central angle of 13°50'19"; thence non-tangent from said curve North 0°10'501' East 51.18 feet;thence.South 89°35'37"East 32.00.feet.;thence South 01.0$0" West 38.00..feet; thence North 89°35'37" West 12.00 feet;'thence South 0°10'50" West 15.14 feet to a non-tangent curie concave northerly having a radius of 225.00 feet, a radial line:to the.beginning of said curve bears South 3°27'5Q" West; thence easterly 12.01 feet along said curve through a central angle of.3°03'27";,thence'South 89°35'37" East:76.44 feet to a curve concave northwesterly having a radius.of 25,00 feet; thence northeasterly 39,37 feet along Revised:April.08,2015 March.27;2013 PAGE 8 OF 12 • WO:No.0061-429 H&A Legal NO:8003 By:Lisa Fair • Document Number: 2010.00383684 Page: 17 Bett8ObleiP0e4(4432,0, 1380 EXHIBIT"Cr LEGAL DESCRIPTION OF PUBLIC ACCESS EASEMENT AREA PROPERTY said CUrve through a central angle of 90°1333"; thence North 010'50" East:61.37 feet to. POINT OF BEGINNING. Contains an area of 1.772 Acres,more or less, LOT C OF TTM.NO.15377 described as follows: Portion of the real property located in the City Of FlUntington Beach, COUnty of Orange,, State of California; said portion lying,within Parcel' "A" as described in that Grant Deed recorded.September 19, 1996 as instrument No. 19960479182 of Official RedOrds,of said County described as follOwS: COMMENCING at the northeast corner of said Parcel A; thence along the easterly and southeasterly boundary of said parcel; South 00°10'50"West.367.13 feet and South 63°40'29" West 44.70 feet to the TRUE POINT OF BEGINNING; thence North 0°10'50" last 206.87 feet to a curve concave southwesterly having a radius of 25.00 feet;: thence northwesterly 39.17 feet along said carve through a central angle of 89°4677"; thence North 89°3537"'West 33..65 feet to a curve concave,northerly having a radius of 275.00 feet;thence westerly 123.36 feet along said curve through a central angle of 25°42'04" to- a reverse curve concave southerly having a radius of 225.00 feet; thence westerly 100.93 feet along said curve through; a central angle Of 25°42'04"; thence North 89°35'37" West 25.79 feet; thence South 0°24'23" West 30:00 feet;thence South 89°3537"East 25.79 feet toa.curve concave southerly having a radius of 195,00 feet; thence easterly 85.65 feet along said curve through a central angle of 25°10102"; thence nontati0ni from said curve South 2°32'52" West 67.42 feet to a non- tangent curve concave southerly having a radius of 46.00 feet, a radial line to the beginning of said curve bears North•24°03'53"West;thence eaSterly 37.64 feet along said curve through a central angle of 46°53'12"; thence non-tangent from:said curve North 19°28'56" East 50.97 feet to a non-tangent Curve concave northerly having a radius of 305.00 feet,a radial line to Revised:April 08,2015 March 27,2013 PAGE 9 OF 12 WO No.0061-429 kicf,cA Legal No.8003 By Lisa Fair • Document Number: 2010.00383684 Page: Che°48" 8 hi i 17 ,_,J, _eusc_em 1381 • • • EXHIBIT"Cs' LEGAL DESCRIPTION* OF PUBLIC ACCESS EASEMENT.AREA.PROPERTY' the beginning of said,curve bears.South 15°24'46"West; thence easterly 79.88,feet.along:said curve through,a central angle of 15°0023"; thence South 89°3557" East 47,86 feet; thence South 0°10'50'M/est 211,31 feet to said southeasterly boundary; thence,along said,boundary, North 63'40'291'East 16.76.feet to the TRUE POINT OF BEGINNING. • Contains an area Of 0.332 Acres,more or loss. LOT T•OF'ITM.NO.15377 described as follows:. Portion of the real property located in'the City of.Huntington Beach, County Of Orange, State of California, said portion.lying Within Parcel "A" as described in that Grant:Deed: recorded September 19, 1996 as.Instrument No. 1996.0479182. of'Official Records of said Couritydescribed as f011ows: COMMENCING at, the.northeast Cornet- of'said Parcel A; thence along the easterly and southeasterly boundary of said parcel,south 00°105.0"West 367.13'feet and South63°40'29" - West 1900.26 feet. to the TRUE POINT OF BEGINNING; thence North Z6°19151" West 301.88 feet to a non-tangent curve concaVo northerly having a radius of 156.00 feet, a:radial line to the beginning of said curve bears South 11°34'46" West;thence easterly 116.25 -• along said curve through.a central'angle of 42°4149"to'a reverse curve concave southeasterly having a radius of 1250.00 feet; thence.northeasterly 1.17.20 feet along said curve through a central.angle of 5°22'20" to a:reverse curve concave northwesterly'having:a radius of 115.00 feet; thence northeasterly 11.3...94 feet along said curve through a central angle of 56'46'06"to a reverse curve concave southeasterly having a radius of'75.00 feet; thence northeasterly 76.19 feet along Said.curve through a central angle Of.-58°121011; thence'nOn-tangent from Said curve North 62°3548" East 26.89 feet-to a curve'concave northwesterly having a radius of 377.00 feet; thence northeasterly 74.30 feet along said curve through a central angle Of 111.71,9". to a non-tangent curve: Concave northwesterly having a radius"of 110,00 feet, a. Revised:April 08,2015. March 27;2013. PAGE 10 OF 12. WO No.0061-429 H&A Legal No.8003 By:Lisa Fair Document Number: 2015000383684 Page: 17:SMITSVY R.Bcpschlein 1382 EXHIBIT"C" LEGAL DESCRIPTION OF PUBLIC ACCESS EASEMENT AREA PROPERTY radial line to the beginning of said curve bears South 38°1851" East; thence northeasterly 55.28 feet along. said curve through a central angle of 28°47'42! to a non-tangent curve: concave westerly'having a radius of 15000:feet, a radial line to the beginning of said curve bears South 49°49'29" East; thence northerly 133.47 feet along said curve through a central angle of 50958'51"; thence non-tangent from said ctirVe North 79915'24" East 10.98 feet to a non-tangent curve concave easterly having: a radius of 1224.00 feet; a radial line to the beginning of said curve bears South 791.5'20 West; thence southerly 160.79 feet along said curve through central angle of 7931'36% thence non-tangent from said curve South 7194348" West 120.00 feet; thence South 51°5159" West 73.51 feet; thence South 42°37'35" West 64.29:feet; thence Seuth 22°31'50"West 79.68 feet;thence South 63940'29"West 196.60 feet; thence South 7°18'07" East.65:07 feet to a:non-tangent curve concave easterly having a radius of 46;00 feet, a radial line to the beginning of said curve bears North 791807 West; thence southerly 123.04 feet along said curve through a central angle of 153914'59"; thence. Min-tangent from said curve South 19°26'54"'West 15,49 feet; thence South 26919'31" East 107.17 feet to said southeasterly boundary;thence along Said bOuridaty,SOuth 63°40'29"West 12.00 feet TRUE POINT OF BEGINNING: Contains an area of 0.658 Acres,smore or less. LOT N OF UM NO.15377 described as:follows: Portion of the real property located in the City of Huntington Beach, County of Orange,. State of California, said:portion lying within Parcel "A" as described in that Grant Deed • recorded September 19, 199.6 as Instrument No. 199604791g2 of Official Records of said County described as follows: COMMENCING at the northeast corner of said Parcel A; thence along the easterly and southeasterly boundary of said.parcel, South 0.0°1050'!West 367.13 feet,and South 63°4029" Revised:Apri108,2015 March 27,2013 PAGE 11 OF 12 WO No.0061-429 H&A Legal No.8003 By:Lisa Fair Document Number: 2015000385684 Page: 1735qciti4BYR.Beuschlein 1383 • ., . . EXHIBIT 0C" LEGAL DESCRIPTION OF PUBLIC ACCESS EASEMENT AREA PROPERTY West 129.5.26 feet to the TRUE POINT OF BEGINNING; thence North 261.991" WeSt 104.00 feet; thence South 63°4029" West 40.00 feet; thence South 26°19'31"East 104:00 feet to said southeasterly boundary; thence along said boundary,North 63°40'29" East 40.00 feet to the TRUE POINT OFI3EGINNING. Contains an area of 0-:096 Acres,more or less. tv. ,4v i,LOWN-ts Paul .' uddles .to Ir.,L.S,No.7083 -.4 ' s>Qt,.. WI, Date: r .e : i :c.T. LS: 7083 - IIII A • / , IVoti OF ,,,,z,..........,-.-- Revised:April 08,2015 March 27,2013 PAGE 12 OF12 WO No.0061-429 H&A Legal No.8003 By:Lisa Fair Document Number: 2015000383684 Page: 174110464Y R.BeusChlein 1384 EXHIBIT. D PARKSIDE ESTATES PUBLIC. AMENITIES AND. TRAIL MANAGEMENT PLAN dated 2/26/2014 Document Number: 2015000388684 Page: 175 of 184 1385 RECENSP solA Coast Reg'°" s INV' • CALTORNk, COASCOM TAL MISSIO: PARKSIDE ESTATES ' PUBLIC AMENITIES AND TRAIL • MANAGEMENT PLAN co4ta1 Development Permit 5-11-068 • 2/26/2014 • Document Number: 20150.00383684 Page: 176 of 184 1386 • • • • • PARKSID.E ESTATES PUBLIC AMENITIES&TRAIL MANAGEMENT PLAN Purpose:To.identify, promote and assure:continued public availability of the various parcels and areat. available.fcir public Use withinthe ParksideEstatessubdivision(Tract Map I511). This Public Annenities and Trail Management Plan outlines the oWbership, conveyance method; uses; maintenance responsibility an size of the VariOUS PUbliCtrailS and.'ameniffes within the Parkside Estates s.ubdiVision„ Note: "Homeowner's Associatiore). and/Or "HON' refers to the homeowners association proposed ih conjunction.with the approval of the Parkside Estates subdivision and.development pursuant to Coastal Development permit No. S-1.1-068. "CC8iir refers to. the COvenants, Conditions, and Restrictions established: 0OnSisterit'With Coastal. Development Permit No. 5-11-068: 'City' refers to the: City of Huntington.Beach. "County'refers to the.CoUntyof Orange. Public•Arnenities and TrailS.Provided Tentative Final Tract Use Dedication-to Conveyance.meihod Tract Map Map. 15377. Lot .15377 Lot A • A Public Active Park City in fee Offer to Dedicate.(OTD)in fee •to the City;dedication on Final Tract Map.. • B. B. Sewer Lift Station, City in fee OTD in fee to the.City; plus 10'wide public PaSeMerittO the City for public •access easement With access;d.edicationen Final • improved,public Tract Map access.walkway.. • •• CID C (I)Public Sidewalk (1)OTD . (1)0TD dedication on Tract and Trail/Access path. easementto the Map . connecting Rivergate City. (2)Dedication on Tract Map Drive and Goldenrod Parkside Circle,and; Estates Note:Maintenance '. • (2)landscaping. komeowners responsibilities Ore conveyed in • Association the CC&R to the HOA .(1710A)in fee.. 0, P,0., R 0 (1.)Public.paseo Park, " (I)HOA in-fee, (1)Dedication on Tract Map: arid;(2)10!public (2)0TD easement (2)0TD dedication on Tract access easement with to the City Map improved public Note:Main ten.ohce access walkway. responsibilities.are conveyed in. the Cali'to the HOA: . . . N N •Public Pedestrian WHOA.in fee (1)Dedication on Tract Map to Access(levee trail .(2)0TD easement HOA; connector)and to the City .p)OTD.easernent to the City of . • Document Number: 201:50.00388884 Page: 177 of 184 1387 • . . Tentative Final Tract Use Dedication to Conveyance Method Tract Map Map • • 15377 Lot 1$3.7.7 Lot • drainage Huntington Beach. • • Nate maintenance • the catiitothe HOA . •• s Public Passive Park City in fee. OTDdedication on Tract Map. • Note;,•maintenance • .retpansibilities.ore conveyed in the cap..tp the HOA T,U;VM T (i)PublicOperi Space; (1)HOA fee; ! (1)DediCatiOn onTratt Mapto. (2) Public AccessTrail (2)0TD.easement HOA; (EPA.Trail), to:the City OTD easement to the City. . • of Huntington'Beach'. • Note:maintenance • • responsibilities.are conveyed in. the CC&R to the.HOA .. • . .. . . . • Vegetated Flood (1)County of OTUdedication on Tract Map • Protection Feature • Orange in.fee aserrfent.reseryed•OnTract • • (VFPF) (2)landscape, Map for HOA • pubtic:Access(Vista trail and.signage • POintTrail)arid No easeiteht,to. loOk HOA . •,. ;. BEWCC BR: Open Space,Habitat HOA in fee Dedication onTract Map.. !' • Restoration and public Note:maintenance • Informal Footpath responsibilities are.conveyed in the.CC&R.to the HOA . . . .Street A Rivergate Public streets and (i)street"K (1)Dedication on Tract Map Drive sidewalle,entry dedicated in fee (2)landsca ping responsibility. landscaping to City; outlined in CC&R's (2)landscape area to..HDA, . , . . . Street B,C, Eucalyptus Public streets and Dedicated in fee Dedication on.Tract map F Lane, . sidewalleS. to City Goldenrod Circle, . .• Cobble • Stone Lane, Juniper Lane, Burrows • Lane: . . . 2 Document Number: 2015000388684 Page: 178 of 184 1388 NOTE:the final lot configurations ar8 shpwn on Ekhihit 1 Lot Symmory • 3 Document Number: 2015000383684 Page: 179 of 184 1389 EXHIBITS 1 THROUGH 3 AND ATTACHMENTS A THROUGH C OF THE PARKSIDE ESTATES PUBLIC AMENITIES AND TRAIL MANAGEMENT PLAN DATED 2/26/2014(EXHIBIT C)REQUIRED PURSUANT TO SPECIAL CONDITION 3 FOR COP 5-11-068 AS AMENDED,ARE ON FILE AND AVAILABLE FOR REVIEW AT THE CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE LOCATED AT 200 OCEANGATE,TENTH FLOOR,SUITE 1000,LONG BEACH, CA.90802-4302. CONTENT OF EXHIBITS Exhibit 1 Lot Summary of Tract 15377 Exhibit 2 Public Access Plan Exhibit 3 Parkside Est6tes Public Access and Trails Attachment A Signage Attachment B Overall Landscape Plan Attachment C Ainenities • • • Document Number: 2015000383684 Page: 180 of 184 1390 EXHIBIT E FORM OF ACCEPTANCE • Document Number: 2015000383684 Page: 181 of 184 1391 PAGE I OF 2 RECORDING REQUESTED BY WHEN RECORDED RETURN TOt PERMIT NO.: CALIFORNIA COASTAL COMMISSION ACCEPTANCE CERTIFICATE 45 FREMONT STREET,20TH FLOOR SAN FRANCISCO,CA 94105 CERTIFICATE OF ACCEPTANCE This is to certify that hereby accepts the Offer to Deditate executed by on . ,20 ,and recorded on. ,20 as Instrument No: in the Official Records of the Office of the Recorder.of County. DATED; By: For: (attach notary aoknowledgment(s)) Document Number: 20150.00383684 Page: 182 of 184 PAGE 2 OF 2 ( ACKNOWLEDGMENT BY THE CALIFORNIA COASTAL COMMISSION OF ACCEPTANCE OF OFFER TO DEDICATE This is to certify that is a public agency/private Association acceptable to the Executive Director of the California Coastal Commission to be Grantee under the Offer to Dedicate executed by ,on ,20 and recorded on ,20 in the Office of the.Recorder of County as Instrument No. DATED; CALIFORNIA COASTAL COMMISSION (attach notary acknowledgment) Document Number: 20150.00383684 Page: 183 of 184 1393 4'4 19' oft Ai. COUNTY 640i1K4EpOiopii. This CERTIFIED COPY OF. • iCfee REOORO,IFIT:BEARS THE OEALi SIGNATURE OF THE ORANGE • COUNTY 0:E51•57a0OOROEK. " • 0(1k"1r,14,7-t..‘y. DATE 7/3(4015 .. - CERTIFICATION FEE: 184 00 NrY ORANGE 0.0Kry,, STATE CAtOtweNi4 O. . d.• 117..k• eaki Utak ‘er Nigri Nat Document Number: 2015000388684 Page: 184 of 184 1394 ATTACHMENT #8 Iv law x‘ 11 I N Tract 15377 Parkside Estates *v.. 0 1.14,6,T ,,....•. 0 .es toRPORAr�''� I ■ �� Fo •. \ Acceptance of Public Improvements ---- --- - _ - -__ •• \ and Release of SuretyBonds • , ,41,7nriy?, , •• C) \ , N 1 ,I(/ ' PI\ "t . I . S -- -L - • , -f-eP-4,-,-- --:,--- i ,, - rf• - L •• <k. 0 , . ., . a , °. a Department of Public Works •�...• \e\N . ' November- 18, 2025 COUNTN 1395 BACKGROU N • On June 1 , 2009, the City Council of the City of Huntington Beach took action and approved Tentative Tract Map No. 15377 and Entitlement Plan Amendment No. 08-08 with Findings and Conditions of Approval to subdivide approximately 45 acres into 111 single-family residential lots and 21 lettered lots consisting of restored and preserved wetlands and buffer area, protected Eucalyptus grove, a Natural Treatment System Water Quality Basin (NTS), a . Vegetated Flood Protection Feature (VFPF), a trail system, and dedication and improvements of an approximately 1 .0 acre public active park and 0.57 acre passive park. • On December 7, 2015, the City Council approved Final Tract Map No. 15377 and the Subdivision Agreement between the City of Huntington Beach and ��� \NT I NGl��i Shea Homes and accepted the required bonds for theprojects public �, 0�:.`N�ORPORgTf0••..•��\\ improvements. OuNT`I V ii 1396 BAC KG RO U N • The subdivider has now completed the public improvements and is requesting release of the securities. The improvements include Sewer and Water Improvements; Sewer Lift Station; Storm Drain Improvements; Streets, Lighting, and Traffic Signal Improvements; C05 Channel Improvements; Natural Treatment System; and all Grading and Graham Street Repairs. • The City Engineer has determined that the public improvements have been constructed in substantial compliance with the approved plans and specifications and now recommends their acceptance. Shea Homes has provided a Guarantee and Warranty Bond as security for the one-year warranty period for these public improvements. ,ef''�����' �,vNTIfVGr0y \ • ram. r^ a Qi 1397 BACKGROU N • As a condition of the Coastal Development Permit issued by the California Coastal Commission, Shea Homes was required to irrevocably offer to dedicate to the City the following lots: 1 . Lots to be accepted in Fee Title: Lots "A" (Active Park), Lot "B" (Sewer Lift Station), Lot "S" (Passive Park), and Lot "X" (Natural Treatment System). 2. Lots to be accepted as easements over for Public Access and Recreation: Lots "C" (Public Trail/Access Path), Lot "N" (Pedestrian Access/Levee Trail Connector), Lot "0" (Paseo Park/Public Access), and Lot "T" (Open Space/Public Access). TING �O� •\ ,oRPORgre•D'••.• All the improvements related to the above-specified lots have been completed and are ready for acceptance of the offers of dedication. ; arc+ ,^ `FcdGNTY0;i,# 1398 .. LOCATION MAP \9�0 \iiikc 0 405 tn1 FA J v`, `— , Mc Fs�DDEN AVE.r `�_`+": 3 EDINGER¢ AVE. Ul .-- U a' N Si,..,,,,:, HGL U AVE.¢f ., m_� E[i ~ v J U'1 " 6\ El m h WARNER oi — AVE. 7HAUL RCUTE 0 N. 9 pl.,'" SLATER AVE. 0Ld co .""D,RT HURL F40N TALBERT AVE.' CHANNEL PRbsECT, �I' „„` 0 ELLIS AVE. /. �I \. 9 I 1 5�'-> ,,. .. \., s,- GARFIELD I1 VE m. PROJECT SITE PACIFIC // i OCEAN ; \7�Nt' I /�i� Ni`,t '- YCRKTOYIN, AV=.y ' \�K2.� ADAMS AVE. I O�••:40:74,...T.Ari.4(......7. 0 ORP •V//��4q,C/ Ii.J{'J \ . .` ' FINDIANAPOLIS AV ,,r `• 611416114. •• `` 9 V � IATLAN'TA AVE. p :WSW. , CITY OF HUNTINGTON BEA\�\ U • Q a `" `\mo � f •= , ORANGE COUNTY CALIFORNIA �Dwp z "9"to =--""' - .y. D 1 MILE 2 MILES N'2 '•• F ' Q••••• 71 = UNT`( Aria 1399 RECOMMENDATION 1. Accept the improvements constructed and dedicated for public use with Tract 15377 and instruct the City Clerk to record the "Notice of Acceptance of Public Improvements"with the Orange County Recorder. 2. Release the Faithful Performance and Labor and Material Bond No. 0195156, 0195157, 0195158, 0195159, 0195160, 0195162, 0195163, and Monument Bond No. 0195155 pursuant to the California Government Code Section No. 66499.7(a); 3. Accept Guarantee and Warranty Bond No. 0195156M, 0195157M, 0195158M, 0195159M, 0195160M, 0195162M, 0195163M; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; 4. Release Guarantee and Warranty Bond No. 0195161 M. 5. Instruct the City Clerk to notify Shea Homes, the subdivider of Tract 15377, and the City Treasurer to notify Berkley Insurance Company of these actions related to the bonds. 6. Accept Offer of Dedication for Fee Title of Lots "A", "S", "B", and "X" of Tract 15377 and Instruct the ��i��%�_, City Clerk to record the Certificate of Acceptance. �l/��NTI NG/" + O .•\NDDAPORgTFo.•"v n\� 7. Accept Offer of Dedication for Easements on Lots "C", "N", "0", and "T" of Tract 15377 and Instruct the ,;k\ City Clerk to record the Certificate of Acceptance. ,; - : 1 Gz 0 B 17,1909.P.'�\ I�� �UUNT`I c 4i" 1400 Questions ? . _. .... . .. . ...... : : . ...., . . ,c. : . „ 1 i I,., t.i. I 1 I 111 » 1 _.► ' --_ off Ei° i`!a ' '; :'''—'''''.1‘:::::'. .4:::: 11 ' 1 TM..� :.., 'G 111 ilk { TT l fs+ 'b .. 87 1401 ICITY OF HUNTINGTON BEACH Lisa Lane Barnes I City Clerk December 12, 2025 Shea Homes Limited Partnership 2 Ada, Suite 200 Irvine, CA 92618' To Whom It May Concern: Re: Approve and Accept Public Improvements and Release the Securities for Tract 15377(Parkside Estates Subdivision)and Accept the Offers of Dedication Please be advised that on Tuesday, November 18, 2025, the City Council of the City of Huntington Beach took the following action: Approved and accepted the public improvements and Released the Securities for Tract 15377(Parkside Estates Subdivision) and Accepted the Offers of Dedication A)Accepted the improvements constructed and dedicated for public use with Tract 15377 and instructed the City Clerk to record the"Notice of Acceptance of Public Improvements" with the Orange County Recorder. B) Released the Faithful Performance and Labor and Material Bond Nos. 0195156, 0195157, 0195158, 0195159, 0195160, 0195162, 0195163 and Monument Bond No. 0195155 pursuant to the California Government Code Section No. 66499.7(a); and, C)Accepted Guarantee and Warranty Bond Nos. 0195156M, 0195157M, 0195158M, 0195159M, 0195160M, 0195162M, 0195163M; the security furnished for guarantee and warranty of the public improvements, and instructed the City Clerk to file the bond with the City Treasurer; and, D) Released Guarantee and Warranty Bond No. 0195161 M. E) Instructed the City Clerk to notify Shea Homes, the subdivider of Tract 15377, and the City Treasurer to notify Berkley Insurance Company, of these actions related to the bonds. Office: (714)536—5227 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov 1 [4.13 CITY OF HUNTINGTON BEACH F)Accepted Offer of Dedication in Fee Title of Lots"A","S", "B"and "X"of Tract 15377 and Instructed the City Clerk to record the Certificate of Acceptance. G)Accepted Offer of Dedication the Easements over Lots"C", "N", "0"and "T"of Tract 15377 and Instructed the City Clerk to record the Certificate of Acceptance. Sincerely, • '44.164,6 Lisa Lane Barnes City Clerk LLB: ds Office: (714) 536—5227 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov Switzer, Donna From: Switzer, Donna Sent: Friday, December 12, 2025 2:58 PM To: 'Cory Yoder' Subject: RE: City of HB -Acceptance of Parkside Estates Public Improvements You are very welcome! Have a great weekend as well! Donna Switzer, CMC �r3ry Senior Deputy City Clerk Office of the City Clerk ix:Vois47.9 Office:(714)374-1649 Donna.Switzer@surfcity-hb.org 2000 Main Street,Huntington Beach,CA 92648 From:Cory Yoder<Cory.Yoder@sheahomes.com> Sent: Friday, December 12, 2025 2:52 PM To:Switzer, Donna <Donna.Switzer@surfcity-hb.org> Cc: Barnes, Lisa Lane<LisaLane.Barnes@surfcity-hb.org>; Bogart,Steve<sbogart@surfcity-hb.org>; Krill,William <William.Krill@surfcity-hb.org>;Zacks,Joyce<JZacks@surfcity-hb.org> Subject: RE: City of HB-Acceptance of Parkside Estates Public Improvements Thank you so much! Have a great weekend. Cory Yoder I Shea Homes° Community Development Manager 15261 Laguna Canyon Road,Suite 100 Irvine,CA 92618 M:949.310.8472 From:Switzer, Donna<Donna.Switzer@surfcity-hb.org> Sent: Friday, December 12,2025 2:36 PM To: Cory Yoder<Cory.Yoder@sheahomes.com> Cc: Barnes, Lisa Lane<LisaLane.Barnes@surfcity-hb.org>; Bogart,Steve<sbogart@surfcity-hb.org>; Krill, William <William.Krill@surfcity-hb.org>;Zacks,Joyce<JZacks@surfcity-hb.org> Subject: RE:City of HB-Acceptance of Parkside Estates Public Improvements You don't:often get email from'.donna.switzer@surfcity-hb.ora:Learn why this is important - • Good afternoon, Mr.Yoder: Please find the attached letter regarding the Parkside Estates Subdivision item that was approved by the Huntington Beach City Council on November 18,2025. We are currently in the process of executing the approved actions.The Guarantee and Warranty bonds will be filed with the City Treasurer by Monday, December 15,2025.The Faithful Performance and Labor and Material Bonds will be released shortly thereafter. Please feel to reach out to me should you have any further questions or concerns. 1 Sincerely, Donna Switzer, CMC " ��c—t Senior Deputy City Clerk ' Office of the City Clerk k Office:(714)374-1649 ' it " Donna.Switzerc surfcity-hb.org 2000 Main Street,Huntington Beach,CA 92648 From: Barnes, Lisa Lane<LisaLane.Barnes@surfcity-hb.org> Sent: Friday, December 12, 2025 1:11 PM To:Switzer, Donna<Donna.Switzer@surfcity-hb.org> Subject: Fw: City of HB-Acceptance of Parkside Estates Public Improvements Hello Donna, Can you please assist this person. Thank you. Lisa Lane Barnes Elected City Clerk Office:(714)536-5405 LisaLane.Barnes(a)Surfcity-HB.org CITY OF HUNTINGTON BEACH 2000 Main Street,Huntington Beach,CA 92648 From: Cory Yoder<Cory.Yoder@sheahomes.com> Sent: Friday, December 12, 2025 10:28:18 AM To: Barnes, Lisa Lane<LisaLane.Barnes@surfcity-hb.org> Subject:City of HB-Acceptance of Parkside Estates Public Improvements You don't often_get_email from_cory.yoderOsheahornes com. Learn why this is important _ mm, Good morning, I'm reaching out with regards to the Consent Calendar item below that was approved at City Council on 11/18/25. I'm trying to find out if you have any information regarding the publishing of the Meeting Minutes or the release of the securities. I understand the Guarantee and Warranty bonds have been accepted, but we were hoping to receive the official documentation showing that the Labor& Performance bonds have been released.Any information you can provide regarding this matter is greatly appreciated. Thank you in advance for your help! 2 Meeting Agendas, Minutes, and Multimedia Reports File#: 25-607 Type: Consent Calendar Status: Agenda Ready File created: 7/10/2025 In control: City Council/Public Financing P On agenda: 11/18/2025 -- Final action: rtle: Approve and Accept the Public Improvements and Release the Securities for Tract 15377 (Parksi Attachments: 1. Att#1 Location Map,2. Att#2 Notice of Acceptance of Public Improvements, 3. At#3 Guars Cer lilicate of Acceptance of Easement over Lots C, N, O, &T, 8. Att #8 PowerPoint Presentation uN � .a, _ 1 'History(3) Text 0 records Cory Yoder I Shea Homes Community Development Manager 15261 Laguna Canyon Road,Suite 100 Irvine,CA 92618 M:949.310.8472 • RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 12/ SUBJECT: Bond Acceptance I have received the bonds forShM- N"DYYI��LI �1/1(�- ��r�fYldf 1ni (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond NoS, ofgi5151P; OI°15159--; DI015.153;01g5t ; Monument Bond No. N (I151(Poj (2IO15I (e1j Of 9511024D11 1 (p3 0105165 Franchise Bond No. Letter of Credit Bond No. Other Re:, Tract No. I S 'I-q" Approved (Council Approval Date) CC No. Agenda Item No. 22 (25-1 b 09--) MSC No. City Clerk Vault No. 142• 00 Other No. SIRE System ID No. 0L g:/forms/bond transmittal to treasurer LPGfg-55 Switzer, Donna From: Cory Yoder <Cory.Yoder@sheahomes.com> Sent: Friday, January 23, 2026 12:49 PM To: Switzer, Donna Cc: Barnes, Lisa Lane; Bogart, Steve; Krill, William;Zacks, Joyce; Esquivel, Juan Subject: RE: City of HB -Acceptance of Parkside Estates Public Improvements Hi Donna, I believe this is sufficient. I will let you know if Coastal Commission responds with any other requests. Thank you, Cory Yoder I Shea Homes' Community Development Manager 15261 Laguna Canyon Road,Suite 100 Irvine,CA 92618 M:949.310.8472 From:Switzer, Donna <Donna.Switzer@surfcity-hb.org> Sent: Friday,January 23, 2026 12:41 PM To:Cory Yoder<Cory.Yoder@sheahomes.com> Cc: Barnes, Lisa Lane<LisaLane.Barnes@surfcity-hb.org>; Bogart, Steve<sbogart@surfcity-hb.org>; Krill, William <William.Krill@surfcity-hb.org>;Zacks,Joyce<JZacks@surfcity-hb.org>; Esquivel,Juan<juan.esquivel@surfcity-hb.org> Subject: RE: City of HB-Acceptance of Parkside Estates Public Improvements Hi Cory, Attached for your records is a recorded copy of the Certificate of Acceptance for the Irrevocable Offer to Dedicate Public Access Easement and Declaration of Restrictions. Does this email and final attachment suffice as notification to Shea Homes as to the completion of all of the actions taken by the City Council of the City of Huntington Beach on November 18, 2025 regarding"Approving and Accepting the Public Improvements and Releasing the Securities for Tract 15377 (Parkside Estates Subdivision) and Accepting the Offers of Dedication?" Sincerely, Donna Switzer, CMC • • Senior Deputy City Clerk Office of the City Clerk Office:(714)374-1649 Donna,$wiizerCasurfcity-ems.org 2000 Main Street,Huntington Beach,CA 92648 From:Cory Yoder<Cory.Yoder@)sheahomes.com> Sent:Wednesday,January 21, 2026 12:33 PM To:Switzer, Donna <Donna.Switzerc surfcity-hb.org> Cc: Barnes, Lisa Lane<LisaLane.Barnes@surfcity-hb.org>; Bogart, Steve<sbogart@surfcity-hb.org>; Krill, William 1 <William.Krill@surfcity-hb.org>; Zacks,Joyce<JZacks@surfcity-hb.org> Subject: RE: City of HB-Acceptance of Parkside Estates Public Improvements Thank you Donna I appreciate the update. Cory Yoder I Shea Homes' Community Development Manager 15261 Laguna Canyon Road,Suite 100 Irvine,CA 92618 M:949.310.8472 From:Switzer, Donna <Donna.Switzer@surfcity-hb.org> Sent:Wednesday,January 21, 2026 11:47 AM To: Cory Yoder<Cory.Yoder@sheahomes.com> Cc: Barnes, Lisa Lane <LisaLane.Barnes@surfcity-hb.org>; Bogart, Steve<sbogart@surfcity-hb.org>; Krill, William <William.Krill@surfcity-hb.org>; Zacks,Joyce<JZacks@surfcity-hb.org> Subject: RE: City of HB-Acceptance of Parkside Estates Public Improvements Hi Cody, I apologize for not getting back to you yesterday. I will be recording the Offers of Dedication/Acceptance this week and will provide you with recorded copies as soon as they are successfully recorded. Sincerely, Donna Switzer, CMC Senior Deputy City Clerk Office of the City Clerk Office:(714)374-1649 Donna.Switzer@surfcity-hb.org 2000 Main Street,Huntington Beach,CA 92648 From:Cory Yoder<Cory.Yoder@sheahomes.com> Sent:Wednesday,January 21, 2026 11:05 AM To:Switzer, Donna <Donna.Switzer@surfcity-hb.org> Cc: Barnes, Lisa Lane<LisaLane.Barnes@surfcity-hb.org>; Bogart,Steve<sbogart@surfcity-hb.org>; Krill, William <William.Krill@surfcity-hb.org>;Zacks,Joyce<JZacks@surfcity-hb.org> Subject: RE: City of HB-Acceptance of Parkside Estates Public Improvements Some people who received this message don't often get email from cory.yoder@sheahomes.com. Learn why this is important Good morning Donna, I wanted to follow up on my email below regarding the recordation of the OTD's.Are you able to provide an update? My contact at the Coastal Commission just reached out asking about them. Thank you, Cory Yoder I Shea Homes Community Development Manager 15261 Laguna Canyon Road,Suite 100 Irvine,CA 92618 2 M:949.310.8472 From: Cory Yoder Sent: Friday, January 16, 2026 9:14 AM To: 'Switzer, Donna'<Donna.Switzer@surfcity-hb.org> Cc: Barnes, Lisa Lane <LisaLane.Barnes@surfcity-hb.org>; Bogart, Steve<sbogart@surfcity-hb.org>; Krill, William <William.Krill@surfcitv-hb.org>; Zacks,Joyce<JZacksCa@surfcity-hb.org> Subject: RE: City of HB -Acceptance of Parkside Estates Public Improvements Hi Donna, I wanted to follow up and see if the Offers of Dedication/Acceptance mentioned below had been recorded? If so, would you be able to provide electronic copies?Thank you for your help! F) Accepted Offer of Dedication in Fee Title o Instructed the City Clerk to record the Certifi G) Accepted Offer of Dedication the Easeme 15377 and Instructed the City Clerk to recorc Cory Yoder I Shea Homes Community Development Manager 15261 Laguna Canyon Road,Suite 100 Irvine,CA 92618 M:949.310.8472 From: Switzer, Donna <Donna.Switzer@surfcity-hb.org> Sent: Friday, December 12, 2025 2:36 PM To: Cory Yoder<Cory.Yoder@sheahomes.com> Cc: Barnes, Lisa Lane<LisaLane.Barnes@surfcity-hb.org>; Bogart, Steve<sbogart@surfcity-hb.org>; Krill, William <William.Krill@surfcity-hb.org>;Zacks,Joyce<JZacks@surfcity-hb.org> Subject: RE: City of HB-Acceptance of Parkside Estates Public Improvements You don't often get email from donna.switzer@surfcity-hb.orq. Learn why this is important Good afternoon, Mr.Yoder: Please find the attached letter regarding the Parkside Estates Subdivision item that was approved by the Huntington Beach City Council on November 18, 2025. 3 We are currently in the process of executing the approved actions.The Guarantee and Warranty bonds will be filed with the City Treasurer by Monday, December 15,2025.The Faithful Performance and Labor and Material Bonds will be released shortly thereafter. Please feel to reach out to me should you have any further questions or concerns. Sincerely, Donna Switzer, CMC Senior Deputy City Clerk Office of the City Clerk j Office:(714)374-1649 D4nna,Switzer@surfcity-hlb.org 2000 Main Street,Huntington Beach,CA 92648 From: Barnes, Lisa Lane<LisaLane.Barnes@surfcity-hb.org> Sent: Friday, December 12, 2025 1:11 PM To:Switzer, Donna <Donna.Switzer@surfcity-hb.org> Subject: Fw: City of HB-Acceptance of Parkside Estates Public Improvements Hello Donna, Can you please assist this person. Thank you. Lisa Lane Barnes Elected City Clerk Office:(714)536-5405 LisaLane.BamestWSurfcity-HB.orq CITY OF HUNTINGTON BEACH 2000 Main Street,Huntington Beach,CA 92648 From:Cory Yoder<Cory.Yoder@sheahomes.com> Sent: Friday, December 12, 2025 10:28:18 AM To: Barnes, Lisa Lane<LisaLane.Barnes@surfcity-hb.org> Subject:City of HB-Acceptance of Parkside Estates Public Improvements You don't often get email from cory.yoder@sheahomes.com. Learn why this is important Good morning, I'm reaching out with regards to the Consent Calendar item below that was approved at City Council on 11/18/25. I'm trying to find out if you have any information regarding the publishing of the Meeting Minutes or the release of the securities. I understand the Guarantee and Warranty bonds have been accepted, but we were hoping to receive the official documentation showing that the Labor& Performance bonds have been released.Any information you can provide regarding this matter is greatly appreciated. Thank you in advance for your help! 4 Meeting Agendas, Minutes, and Multimedia Details Reports File #: 25-607 Type: Consent Calendar Status: Agenda Ready File created: 7/10/2025 In control: City Council/Public Financing A On agenda: 11/18/2025 Final action: Title: Approve and Accept the Public Improvements and Release the Securities for Tract 15377 (Parksi Attachments: 1. Att #1 Location Map, 2. Att #2 Notice of Acceptance of Public Improvements, 3. At #3 Guari Certificate of Acceptance of Easement over Lots C, N, 0, &T, 8. Att #8 PowerPoint Presentation History(0) Text 0 records Cory Yoder I Shea Homes' Community Development Manager 15261 Laguna Canyon Road,Suite 100 Irvine,CA 92618 M:949.310.8472 5