NOTICE OF ACTION

FINDINGS AND CONDITIONS OF APPROVAL

TENTATIVE TRACT MAP NO. 15377 (City) and 15419 (County)

CONDITIONAL USE PERMIT NO. 96-90

COASTAL DEVELOPMENT PERMIT NO. 96-18

FINDINGS FOR APPROVAL - TENTATIVE MAP NOS. 15377 (City) and 15419 (County):

1. Tentative Tract Map No. 15377 for subdivision of 45 acres into 162 single family residential lots and several lettered lots for open space and landscaped areas is consistent with the General Plan Land Use Element designation of RL-7 (Low Density Residential) on the subject property, or other applicable provisions of this Code including the provisions for Planned Unit Developments. Tentative Tract Map No. 15419 for the subdivision of approximately 4.9 acres into nine (9) single family residential lots and lettered lots for open space and landscaped areas is consistent with the pre-General Plan Land Use Element designation of RL-7 (Low Density Residential) on the subject property, or other applicable provisions of this Code 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 263,000 cubic yards of fill. The proposed fill and grade will permit the site to be developed consistent with adopted plans and will result in a density of 4.4 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 has been previously used for farming and does not contain habitat for wildlife or fish. A 3.3 acre portion of the parcel in the County area has an EPA delineated pocket wetland, patchy pickle weed, potential jurisdictional wetlands, and a buffer to residential uses that will be preserved as open space.

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 - CONDITIONAL USE PERMIT NO. 96-90:

1. Conditional Use Permit No. 96-90 for the development of 171 two-story, detached single family residential units as a Planned Unit Development (PUD) for dual-product lot sizes to include 94 lots with minimum 50’ frontages and minimum 5,000 sq. ft. lot sizes (average 5,700 sq. ft.); and 77 lots with minimum 60’ frontages and minimum 6,000 sq. ft. lot sizes (avg. >7,000 sq. ft.); and seven flag lots with a minimum frontage of 24’; construction of a 8.2 acre park; retaining walls greater than two ft. in height and up to 3.5 ft. in height along the westerly property line adjacent to property within the County of Orange and along flood control channel; and 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. The proposed grade differential to adjacent residential properties will be mitigated through the use of substantial landscaped setbacks and tree requirements. The project includes significant infrastructure improvements that will have area wide benefits.

2. The conditional use permit 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 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 on the City portion of the property and pre-General Plan Land Use Element designation of Low Density Residential on the County portion of the property. In addition, it is consistent with the following goals and policies of the General Plan:

Policy 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.

The proposed homes are compatible with existing homes in the area in term of style, materials, and colors. The buildings are will 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.

FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 96-18:

1. Coastal Development Permit No. 96-18 for the development of a 171-unit single family residential project within an area of deferred certification in the coastal zone as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The project layout is consistent with the existing and proposed Low Density Residential land use designation 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. The development will be in compliance with City and FEMA requirements pertaining to floodproofing.

3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed project will provide all required infrastructure consistent with the Local Coastal Program and City requirements.

4. The development conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impact existing 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 – TENTATIVE TRACT MAP NO. 15377 (City) AND NO. 15419 (County):

1. Tentative Tract Map No. 15377 and Tentative Tract Map No. 15419, received and dated July 8, 2002, shall be the approved layout except as amended per the conditions stated herein and as follows:

a. Lot No. 4 of TTM 15419 shall be eliminated and made part of the adjoining open space area.

2. The final map for Tentative Tract Map No. 15377 (City) shall not be approved by the City Council until Zoning Map Amendment No. 96-5 and General Plan Amendment No. 98-1 are approved and in effect, and Local Coastal Program Amendment No. 96-4 has been approved by the California Coastal Commission.

3. The final map for Tentative Tract Map No. 15419 (County) shall not be approved by the City Council until proof that the area has been annexed into the City by LAFCO; and until Zoning Map Amendment No. 96-5 and General Plan Amendment No. 98-1 are approved and in effect, and Local Coastal Program Amendment No. 96-4 has been approved by the California Coastal Commission. If the annexation does not occur the “non annexation” alternative layouts shown on Tentative Tract Map 15377 shall be the approved layout.

4. At least 90 days before City Council action on the final map, 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. Provide for maintenance of all common area landscaping, irrigation, drainage facilities, bike trail links, slopes, walkways and open space areas along Graham Street, surface drainage for lots “B” thru “P” and lots “R” thru “Z” by the Homeowner’s Association (HOA).

b. Provide for maintenance of slopes, fences and retaining walls that serve as flood control protection, except within the County Flood Control right-of-way.

c. Prohibit the blocking or screening of fire hydrants located in public right-of-way.

d. Implementation, maintenance and monitoring 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.

e. Provide for maintenance and liability of the two bike trails linking the flood control channel with “C” Street and “L” Street.

f. Notification to purchasers that there will be a City public park within the tract and that access to Greenleaf is for emergency purposes only.

5. 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 Map(s) shall be consistent with the approved Tentative Map.

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 Planning Commission. (PW)

c. The rough 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 for Public Works approval. The developer shall design the sewer system required to serve the development in conformance with the approved preliminary study and City design criteria. (PW)

e. Prior to first plan check submittal, the developer shall submit a water system hydraulic analysis to confirm appropriate on-site sizing and layout. City staff will provide design parameters, including water pressures and flows at points of connection. The hydraulic model output shall conform to City requirements and be fully compatible with and transferable with City software. All costs for water system modeling work shall be borne by the developer. (PW)

f. Final hydrology and hydraulic design analysis and calculations for both on and off site drainage facilities shall be submitted for Public Works review and approval. The project improvements shall be consistent with 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 of less than 2% shall not be permitted in earthen swales without prior approval from Public Works. (PW)

g. The following shall be shown as a dedication to the City of Huntington Beach on the Final Map:

1) The 8.2 acre public park (Lot “Q” and “A”) 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 City 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 a proper dedication. The proposed land shall also be certified clean to the City's Soil Clean-Up Standard, City Specification 431-92 by an acceptable testing firm. Upon acceptance of the Grant Deed language 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 this tract. Easement widths shall conform with the City of Huntington Beach Standard Plan No. 300. (PW)

3) The sanitary sewer system and appurtenances as shown on the improvement plans for this tract. (PW)

4) The storm drain system and appurtenances as shown on the improvement plans for this tract, except those facilities designated to be maintained by the HOA on the improvement plans and in the CC&R’s. 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) Greenleaf Lane (Cul-de-sac turn-around) for street purposes. (PW)

8) “A” Street through “M” Street for street purposes. (PW)

9) An easement for public pedestrian access purposes for the two bike trails linking the flood control channel with “L” Street and 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 and “B” Street within Lot “N”, the paseo park. The total width shall be 20-feet as measured from the curb face.

h. If necessary, the ultimate Channel right-of-way shall be dedicated on the final map to the County of Orange. (PW)

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.

l. Provide a digital-graphics file of said map to the City per the following criteria:

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:

Ø AutoCAD (version 13 or later) drawing file: ___.DWG

8) Shall be in compliance with the following media type:

Ø CD Recordable (CD-R) 650 Megabytes

m. No construction or public 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 be 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. (PW)

p. All Public Works fees shall be paid. (PW)

q. An Affordable Housing Agreement Plan shall be submitted to the Planning Department for review and approval. The agreement shall provide for affordable housing on-site or off-site. Said agreement shall be executed prior to issuance of the first building permit for the tract. The contents of the agreement shall include the following:

1) Minimum10 percent of the units shall be affordable to families of low-income level (less than 80% of Orange County median) for a period of thirty years.

2) A detailed description of the type, size, location and phasing of the affordable units.

3) If affordable units (new or rehabilitate) are off-site, they must be under the full control of the applicant.

4) The affordable units shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first residential unit in the tract shall be contingent upon the completion and public availability, or evidence of the applicant’s reasonable progress towards attainment of completion, of the affordable units. (MM)

5. The following conditions are required to be completed prior to issuance of Grading Permits:

a. A 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 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 and “L” Street.

iii. All slopes, sea walls, and drainage control devices along the westerly boundary of the development. (PW)

iv. The owner shall submit of “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. Sewer lateral for each habitable lot. (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. A separate irrigation service, meter and backflow protection device shall be required for the park. Additional irrigation services, meters and backflow devices shall be required for any Homeowner Association (HOA) landscaping. (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 R shall be submitted and approved by the fire and planning departments. Indicate gate location, method to secure, slope, and overall final elevation change. (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 provide a drainage interceptor at the toe of the existing slope that transports run off to the storm drain system prior to entering the playable park area. (PW)

ii. The finish grade in the City park site shall be raised with a City approved topsoil. (PW)

iii. The slope of the soil grade adjacent to "H" and "I" street shall be 5:1 max to a low point of 5.0 FT to 7.0 above sea level. The park shall then drain (slope) toward the existing "treed" slope at a minimum of 1% and maximum 2% to a drainage swale at the top of said existing slope. A grade break may occur in closer proximity with the drainage swale and the grade to the swale can be 5:1 maximum or an acceptable solution approved by the Park, Tree and Landscape Division. (PW)

iv. The gradient and configuration of the emergency access road shall be approved by Public Works and Fire. (PW/FD)

v. A separate lot shall be created for the existing "treed" slope area and shall extend from the western property boundary to the top of the slope at the concrete drainage swale, and from the north property line following the concrete swale south to the H.O.A. maintained lot "P". (PW)

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. (PW)

i. The Developer shall design and construct the ultimate improvements to centerline 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 along the entire project site frontage, extending under Graham Street bridge and transitioning out on the east side of the Graham Street bridge, as directed by the County. Requirements of the Federal Emergency Management Agency (FEMA) and the U.S. Army Corps of Engineers shall be observed in the design and construction of all channel and abutting slope improvements in and adjacent to the channel. Additionally, the Developer shall remove the existing oil-field access bridge over the County channel westerly of the Slater Pump Station, unless otherwise directed by the County of Orange. (PW)

j. The Developer shall install two (2) new pump systems (motor, pump, controls, heat exchanger, and necessary appurtenances) within the existing vacant pump bays in the Slater Pump Station as determined necessary (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 improvements exceeding the developer’s required project impact mitigation. 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 and other pertinent agencies as required prior to issuance of grading permits. (PW/MM)

k. The Developer shall design and construct off-site drainage improvements as 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 to update that portion of the City’s Master Plan of Drainage to reflect the changes and improvements of this project in the plan. If earthen slopes and/or levee protection is constructed along lots on the southwest perimeter of the property, the design shall conform to the FEMA and U.S. Army Corps of Engineers Design Guidelines (most specifically USACOE Manual EM 1110-2-1913.) Among the items of design criteria to be included are the following: (PW)

i. The top of levee or berm shall be wide enough to accommodate a 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 seawalls are incorporated into the design, drainage swale flow lines be a minimum of 18-inches from the wall and shall be concrete gutters.

ii. The waterside of the levee shall be 3:1 or flatter with riprap or similar slope protection, or 4:1 or flatter without hard slope protection. Seawalls in combination with slopes may be used as approved by the City.

iii. The landside of the levee shall be 4:1 or flatter to minimize seepage and permit easy maintenance by homeowner.

iv. The levee design shall include a seepage barrier. If sheet piles are employed, no seepage barrier is required. Transitions from sheet piling to earthen berms shall be concrete lined.

v. A vehicle turnaround with a turning radius or hammerhead design consistent with maintenance vehicles criteria shall be provided at the end of the levee maintenance road unless otherwise approved by the Department of Public Works.

vi. The top of levee and/or sea wall shall maintain a minimum elevation of 11 feet or 1-foot of freeboard above the committed water surface elevation in the channel, whichever is greater The top of levee and/or sea wall shall tie into the existing topography to prohibit a breach or intrusion into the subdivision from seawater high tide events or storm flows. (PW)

l. Storm Drain, 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 plans shall also be submitted to Orange County Coastkeeper for review and comment. Catch basins shall be grated and not have side openings. (PW)

i. To the greatest extent feasible, low flow urban runoff from the properties to the north shall be directed to a gross pollutant removal device. The developer shall investigate use of the remainder of the southwest open space area within Tract 15419 for treatment of this runoff.

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. If deemed feasible by the City Engineer, the developer shall design and construct a low flow urban runoff treatment train for flows from the Slater Pump Station, which may be conveyed to the potential open space southwest of the project area. If deemed not feasible by the City Engineer, this requirement may be waived.

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. 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 24-hour 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. (PW)

m. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36” box tree or palm equivalent (13’-14’ of trunk height for Queen Palms and 8’-9’ of brown trunk). Applicant shall provide a consulting arborist report on all the existing trees. Said report shall quantify, identify, size and analyze the health of the existing trees. The report shall also recommend how the existing trees that are to remain (if any) shall be protected and how far construction/grading shall be kept from the trunk. (PW)

n. 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 shall include irrigation demands to ensure proper irrigation service sizing. (PW)

o. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. 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, Lot “B” of TTM 15419 shall consist of non-invasive, native drought tolerant plant material without a permanent irrigation systems. (PW/MM/Code Requirement)

p. An erosion and silt control plan for all water runoff during construction and site preparation work. (PW/MM)

q. Street Improvement Plans for Graham Street shall be prepared per the City of Huntington Beach Standard Plan No. 103, (80'/64'), 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 accommodate specific traffic operations (PW/MM):

i. Improve Graham Street, as needed, to correct the stopping sight distance and stacking problems between the southerly crosswalk across Graham at Street "A" and the crest of the Wintersburg Channel Bridge as approved by the Department of Public Works.

ii. 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.

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 Circle to keep intersection clear.

r. 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’/36’). 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 Street “D”.

iii. Street “B” shall be designed and constructed per the City of Huntington Beach Standard Plan No. 104 modified (56’/36’) with a 10-foot parkway on each side.

iv. Streets "C” thru “M," shall be designed and constructed per the City of Huntington Beach Standard Plan No. 104 Modified, (48'/36').

v. 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.

vi. Curb, gutter and sidewalk along all street frontages, per City Standard Plan Nos. 202 and 207.

vii. An ADA compliant access ramp at the corners of all street intersections.

s. 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.

t. The applicant shall demonstrate to the satisfaction of the City Traffic Engineer that standards (including ADA) regarding pedestrian/bicycle safety along the perimeter sidewalks will be met. (MM)

u. The developer shall design and install signing and striping plans in accordance with Public Works Standards. (PW)

v. The Developer shall design and install Southern California Edison owned street lighting. The plan shall include the height, location, and intensity of streetlights on-site. Street light spacing shall be in conformance with City of Huntington Beach Standard Plan 411. (PW)

w. A traffic signal shall be designed and constructed for the intersection of Street "A" and Graham Street. (MM)

x. 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)

y. 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, protection of adjacent existing structures, landscaping, chemical and fill properties, liquefaction requirements, retaining walls, streets, and utilities. Said report shall certify that post development ground water conditions shall not be affected or affect improvements. (Precise grading plan only). 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. (PW)

z. 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)

aa. Soil imported for 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)

bb. 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)

cc. 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)

dd. The Fire Department must be notified of who will be the environmental site auditor supervising testing operations during soil import. The selected environmental firm is responsible for obtaining Fire Department approval for their testing plan. (FD)

ee. 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, 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)

ff. 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 such grading. (PW)

gg. The developer shall coordinate with the Department of Public Works, Traffic Engineering Division in developing a truck and construction vehicle routing plan. This plan shall specify the hours in which transport activities can occur and methods to mitigate construction related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. (PW/MM)

hh. A grading/erosion 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. Double walls shall be prohibited. Prior to construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. The new wall depicted along the northerly property line shall be removed; no new wall is necessary.

jj. If grading occurs during the normal breeding season for the red-tailed hawk and other raptors locally, (March to July), 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. Nest trees shall be removed during the non-breeding season only. (MM)

kk. 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 to 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 recommendations and cost estimates shall be submitted to the Planning Director for review and approval. A cultural resource management plan based on the test results shall be developed. (MM)

ll. 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. (MM)

mm. 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)

nn. 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 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.

oo. 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 approval 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) Measures to minimize obstruction of through traffic lanes.

5) Use of a flagman to guide traffic when deemed necessary.

pp. 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) All operations shall comply with the City of Huntington Beach Noise Ordinance.

qq. The applicant shall produce evidence (specifications) acceptable to the City Engineer that the new walls, if constructed, along the project’s northern property (along the rear property line of lot #103 to lot #123 on Kenilworth Drive and the side property lines of lots #125 and #126 on Greenleaf Lane of Tract 5792) and Graham Street (along the project’s boundary) will be constructed to achieve maximum sound attenuation. (MM)

rr. The recommendations contained in Section 7.0 of 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 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)

ss. 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 effect subsidence of adjacent properties. The Dewatering Plan shall be reviewed and approved by the Department of Public Works. (MM)

tt. A Phase II environmental soil sampling shall be conducted to determine the residual levels of pesticides in the soil. If inappropriate/unsafe levels 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)

uu. 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)

vv. The developer shall submit a hydraulic computer water model analysis for the development proposed on the City parcel, which addresses the following:

1) Water demand required by project (fire flow demand as determined by the Fire Department)

2) Master Plan/General Plan Amendment (GPA) review

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 on the existing City of Huntington Beach Water System Model (H2ONET), 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)

ww. Irrigation systems within the Park, which minimize water waste, shall be used to the greatest extent possible. Such measures should involve, where appropriate, the following features:

1) Raised planters and berming in conjunction with closely spaced low volume, low angle (22 ½ 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) The use of reclaimed water for irrigated areas and grasslands. The project applicants shall connect to the Orange County Water District’s “Green Acres” system of reclaimed water should this supply of water be available. Separate irrigation services shall be installed to ease this transition.

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 8:00 a.m. or leave the site no later than 5:00 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. Prior to leaving the site, 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 to minimize the impact of fugitive dust and noise on the surrounding areas. (PW)

j. Comply with the “Water Quality Management 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)

l. 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 weight 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.

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. (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. 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 -TENTATIVE TRACT MAP NO. 15377 & 15419:

1. Tentative Map No. 15377 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 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 and shall be approved by the City Engineer and City Landscape Architect.

CONDITIONS OF APPROVAL – CONDITIONAL USE PERMIT NO. 96-90/COASTAL DEVELOPMENT PERMIT NO. 96-18:

1. The site plan, floor plans and elevations received and dated July 8, 2002 shall be the conceptually approved layout with the following modifications:

a. Lot No. 4 of TTM 15419 shall be deleted.

b. 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)

c. 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)

d. 25% of the minimum 60 foot wide lots must have side entry garages and/or garages located to the rear of the lot.

e. Increase interior side yards (minimum 10’) when adjacent to the rear yard of an adjoining lot.

f. Stagger the front yard setback for garages (i.e., from two to four feet between all units) within the two subdivisions or develop another alternative to vary the street scene.

g. 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.

h. 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)

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)

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. (FD)

e. Fire access roads shall be provided in compliance with City Specification #401-Minimum Access for Fire Department Access. (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 Fire Department and the Public Works Water Division have determined the number of fire hydrants for the 161 Lot Plan to be 14 and the 171 Lot Plan to be 15. (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 testing 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)

l. Floor plans shall depict natural gas and 220V electrical shall be 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 Section 8.0 of 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)

o. It shall be proven to the City that all structures are designed in accordance with the seismic design provisions of the Uniform Building Codes or Structural Engineers Association of California 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 fireground 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)

3. The following conditions shall be completed prior to issuance of Building Permits:

a. Prior to the construction of infrastructure facilities incorporating Tract 15419, proof shall be shown from L.A.F.C.O., for approval of annexation of Tract 15419 into the City of Huntington Beach, subject to approvals from Departments of Planning and Public Works.

b. 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.

c. A grading permit shall be issued. (PW)

d. The final Tract Map shall be recorded with the County of Orange and a copy filed with the Planning Department. (PW/Code Requirement)

e. 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, Lot “B” of TTM 15419 shall consist of non-invasive, native drought tolerant plant material without a permanent irrigation systems. (PW)

f. 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)

g. 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)

h. A copy of a Letter of Map Revision from the Federal Emergency Management Agency (FEMA) removing the property(ies) from the floodplain shall be submitted to the Planning Department for inclusion in the entitlement file. Or 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.

i. 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

k. 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)

l. 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)

m. 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)

n. 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)

o. SCE shall be consulted with during the building design phase for further energy conservation measures. (MM)

4. The 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. The applicant shall provide proof that energy saving features have been installed in project homes as required by the Uniform Building Code. Features may include: solar or low-emission water heaters, energy efficient appliances, double-glass paned windows, low-sodium parking lights, etc. (MM)

d. The public park shall be completed other than the one year maintenance period at the request of 50% occupancy (or by the 95^th home Certificate of Occupancy). (PW)

e. All public infrastructure must be completed per the approved plans. (PW)

f. All improvements must be completed per the approved grading plans. (PW)

g. The applicant shall be responsible for improving Graham Street in accordance with the approved signing and striping plan. (PW/MM)

h. All 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. (PW)

i. 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)

j. Automatic sprinkler systems shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD)

k. 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)

l. Backflow protection shall be constructed per the Huntington Beach Water Division Standards Plans for irrigation and fire suppression water services.

m. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD)

n. 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)

o. 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)

p. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department.

q. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department.

r. 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.

s. 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)

t. All drainage, pump station and channel improvements consistent with 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)

u. Fire access roads shall be provided in compliance with Fire Dept. City Specification 401. Include the Circulation Plan and dimensions of all access roads.

v. The project shall comply with all provisions of the Huntington Beach Fire Code and Fire Dept. City Specification 422, Well Abandonment.

w. 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.

x. The applicant shall provide proof to the City’s Traffic Engineer that the project has contributed its ‘fair-share’ towards regional traffic improvement systems (i.e., traffic impact fees) for the area. This shall include efforts to synchronize traffic lights on streets impacted by project development.(MM)

y. Testing to verify the estimated radon gas levels shall be implemented as deemed necessary by the Department of Planning(MM)

z. 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)

aa. Water pressure regulators to limit downstream pressure to a maximum of 60 psi shall be installed. (MM)

bb. 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)

cc. The development shall comply with all applicable Mitigation Measures in Environmental Impact Report No. 97-2 and New Alternatives to EIR No. 97-2.

5. The Departments of Planning, Public Works and Fire 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. Permits 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 finalization of the Tract or exoneration of the Guarantee Bond, maintenance for the City Park (Lot A) 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 shall 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.

9. This TTM and CUP and CDP shall not become effective until GPA 98-1, Zoning Map Amendment No. 96-5A & 5B, and LCPA No. 96-4 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 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 $43.00 for the posting of the Notice of ExDetermination 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 Planning Commission’s action.

5. 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. (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 the right-of-way. (PW)

9. The development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD)