City of Huntington Beach Planning Department

STAFF REPORT

TO:

FROM:

BY:

DATE:

Planning Commission

Howard Zeiefsky, Director of Planning Scott Hess, Planning Manager /V/ September 10, 2002 '•

SUBJECT: GENERAL PLAN AMENDMENT NO. 98-1/ZONING MAP AMENDMENT NO. 96-5A & SB/LOCAL COASTAL PROGRAM AMENDMENT NO. 96-4/ ANNEXATION NO. 98-1 (Parkside Estates Residential Project)

APPLICANT/

PROPERTY

OWNER; Ron Metzler, Shea Homes, 603 S. Valencia Ave., Ste. 200, Brea, CA 92823

LOCATION: 17301 Graham St. (Westside of Graham, south of Kenilworth, adjacent to the Wintersburg Flood Control Channel)

STATEMENT OF ISSUE;

• General Plan Amendment No. 98-1 request:

- Redesignate 2.8 acres ofRL-7 (Low Density Residential) property to OS-P (Open Space-Park).

- Designate the approximately 4.9-acre County of Orange parcel to be annexed as follows:

approximately 1.6 acres as RL-7 (Residential Low Density) and approximately 3.3 acres as OS-C (Open Space - Conservation).

- Amend the Public Facilities Element to remove the fire station designation on the subject site.

• Zoning Map Amendment 96-5A & 5B request:

- 5A - Rezone approx. 40 acres of property to add a CZ (Coastal Zone Overlay) to the existing RL-FP2 (Low Density Residential - Floodplain Overlay) designation; and rezone 8.2 acres from RA-CZ (Residential Agriculture - Coastal Zone) and RL-FP2 (Low Density Residential) to OS-PR-CZ (Open Space-Parks and Recreation-Coastal Zone) consistent with the General Plan.

- 5B - Pre-zone the approximately 4.9 acre County of Orange parcel as follows: approximately 1.6 acres RL-7-FP2-CZ (Residential Low Density - Floodplain Overlay - Coastal Zone Overlay); and approximately 3.3 acres CC-FP2-CZ (Coastal Conservation - Floodplain Overlay - Coastal Zone Overlay).

• Local Coastal Program Amendment No. 96-4

- Amend Local Coastal Program/Coastal Element in accord with proposed General Plan Amendment & Zoning Map Amendment, and certify area consistent with the City's General Plan.

• Annexation No. 98-1

- Annex approximately 4.9 acres of vacant property into the City of Huntington Beach.

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VICINITY MAP

Parkside Estates

THE CITY OF HUNTINGTON BEACH

• Staffs Recommendation:

Approve General Plan Amendment No. 98-1, Zoning Map Amendment No. 96-5A & 5B, and Local Coastal Program Amendment No. 96-4 based upon the following:

- The proposed general plan amendment amends the General Plan Land Use Map to accommodate a larger and more useable neighborhood park area and designates the annexation area for low density residential uses and open space conservation. The proposed RL land use designation on the area proposed for annexation will result in lower density than is currently allowed under the County designation. The Fire Department has determined that a station is not needed at this location.

- The proposed zoning map amendment amends the City's zoning map to accommodate a larger and more useable neighborhood park area, adds the CZ (Coastal Zone) suffix to ensure that zoning provisions consistent with the California Coastal Act are applied, and pre-zones the annexation area for low density residential and open space conservation uses consistent with the General Plan Amendment.

- The proposed changes will result in compatible land uses and will not negatively impact surrounding properties.

- The proposed amendments to General Plan and zoning designations will not result in significant adverse environmental impacts.

RECOMMENDATION:

Motion to:

A. "Recommend approval of General Plan Amendment No. 98-1 by approving the draft Resolution (Attachment No. 1) and forward to the City Council for adoption;"

B. "Recommend approval of Zoning Map Amendment No. 96-5A and 5B with findings (Attachment No. 2) by approving the Draft Ordinances (Attachment Nos. 3 and 4) and forward to the City Council for adoption;" and

C. "Recommend approval of Local Coastal Program Amendment No. 96-4 with findings (Attachment No. 5) by approving the draft Resolution (Attachment No. 6), and forward to the City Council for adoption."

ALTERNATIVE ACTION(S):

The Planning Commission may take alternative actions such as:

A. Recommend approval of General Plan Amendment No. 98-1, Zoning Map Amendment No. 96-5A and Local Coastal Program Amendment No. 96-4 excluding the annexation area with findings for approval and forward to the City Council for adoption."

B. "Recommend denial of General Plan Amendment No. 98-1, Zoning Map Amendment No. 96-5A and 5B, and Local Coastal Program Amendment No. 96-4 with findings and forward to the City Council."

C. "Continue General Plan Amendment No. 98-1, Zoning Map Amendment No. 96-5A and 5B, and Local Coastal Program Amendment No. 96-4, and direct staff accordingly."

PC Staff Report - 9/10/02 -3- (02sr34 GPA/ZMA/LCPA)

C. "Continue General Plan Amendment No. 98-1, Zoning Map Amendment No. 96-5A and 5B, and Local Coastal Program Amendment No. 96-4, and direct staff accordingly."

PROJECT PROPOSAL:

General Plan Amendment No. 98-1 represents a request to amend the Huntington Beach General Plan (Attachment No. 1) pursuant to California Planning, Zoning, and Development Laws, and the Huntington Beach General Plan as follows:

1) Amend the Land Use Plan to re-designate 2.8 acres from RL-7 (Low Density Residential) to OS-P (Open Space-Park). The purpose is to expand the current park area shown on the General Plan to accommodate the proposed larger park.

2) Amend the Land Use Plan to pre-designate an approximately 4.9 acre parcel within the County of Orange as follows: 3.3 acres as OS-C (Open Space - Conservation); and 1.6 acres as RL-7 (Low Density Residential - maximum 7 units per acre).

3) Amend the Public Facilities & Public Services Element by removing the "proposed" Graham Street Fire Station depicted on Figure PF-1, Public Facilities Locations.

The current Land Use Element Map designates an approximately 5.4 acre site in a triangular shape located in the northwestern comer of the site for park purposes. The majority of this area has a steep quadrant and would be unusable for active recreational uses. Approximately 2.8 acres of flat useable area would be added to the park. This will accommodate the proposed 8.2 acre park in the northwest portion of the site, which includes 4.1 acres of passive park area (bluff and down slopes), and 4.1 acres of flat area at the base of the bluff, which will provide for recreational activities.

The 4.9 acre parcel is contiguous to the 45 acre parcel within the City. The General Plan Amendment reflects a request by the applicant to locate nine residential units in this area, which results in lowering the density on 1.6 acres from Medium Low Density Residential (6.5 - 12.5 units per acre) per the County to Low Density Residential. The remaining area proposed as Open Space - Conservation would be undeveloped.

Zoning Map Amendment Nos. 96-5A & 5B represent a request to change the Huntington Beach Zoning Map - DM 33 pursuant to Section 247.02 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) as follows:

1) 5A - Rezone approximately 40 acres of the subject property to add CZ (Coastal Zone Overlay) to the existing RL-FP2 (Low Density Residential - Floodplain Overlay) designation; and rezone 8.2 acres from RA-CZ (Residential Agriculture - Coastal Zone) and RL-FP2 (Low Density Residential) to OS-PR-CZ (Open Space-Parks and Recreation-Coastal Zone) consistent with the General Plan.

2) 5B - Pre-zone the approximately 4.9 acre County of Orange parcel as follows: approximately 1.6 acres RL-7 - FP2 - CZ (Residential Low Density - Floodplain Overlay - Coastal Zone Overlay Districts); and approximately 3.3 acres CC - FP2 - CZ (Coastal Conservation - Floodplain Overlay - Coastal Zone Overlay Districts). The current County of Orange designation on the 4.9 acre parcel is MLR (Medium Low Density Residential, 6.5-12.5 dwelling units per acre).

PC Staff Report - 9/10/02 -4- (02sr34 GPA/ZMA/LCPA)

PARKSIDE ESTA TES

GENERAL PLAN (EXISTING)

GENERAL PLAN (PROPOSED)

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PARKSIDE ESTATES

ZONING (EXISTING)

ZONING (PROPOSED)

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GENERAL PLAN (EXISTING)

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ZONING (PROPOSED)

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The Zoning Map Amendment will result in having the CZ (Coastal Zone) suffix added to the entire project site to ensure that the zoning provisions and permitted uses that are consistent with the California Coastal Act are applied. In addition, the base zoning of the portions of the site designated as a park would be zoned for park purposes.

Local Coastal Program Amendment No. 96-4 represents a request to amend the City's Local Coastal Program/Coastal Element pursuant to General Plan Amendment No. 98-1 and Zoning Map Amendment Nos. 96-5A and 96-5B by amending Figure C-2 and associated text in the Coastal Element (Attachment

No. 6).

Annexation No. 98-1 represents a request to annex 4.9 acres of property that is presently located in the County of Orange to the City of Huntington Beach. In September 1996, Shea Homes purchased the site located in the County along with the adjacent 45 acre site located in the City from the Metropolitan Water District. Both sites are zoned for residential use. A fiscal impact analysis has been prepared for the site (Attachment No. 10).

The general plan amendment, zoning map amendment, and local coastal program amendment are subject to City Council and California Coastal Commission approval before becoming effective. The City Council will make a recommendation to the Local Agency Formation Commission (LAFCO) on the annexation. Although the Planning Commission is not required to act on the annexation, it may forward a recommendation to the City Council on the annexation.

As discussed in a separate report for the tentative tract maps, conditional use permit and coastal development permit, the overall project is a request to subdivide approximately 50 acres of property for development of 171 single family homes and dedicate an 8.2 (gross) acre neighborhood park. The residential project is in two components which are designed as an integrated whole. The applicant has filed a tentative tract map for a 162 single family residential lot subdivision on the 45 acre portion of the development site that is located in the City, and a separate tentative tract map for a 9 single family residential lot subdivision on the 4.9 acre portion of the development site that is in the County. Approval of the annexation request by LAFCO is necessary for the County portion of the project to proceed. In the event that the annexation is not approved, the applicant has proposed an alternate layout on the tentative tract map that ensures that the project can be self-contained and function adequately within the City.

Background

The project EIR references a Historical Site Usage Report covering the period of 1950 to June 1997. According to this report, from 1952 to 1959, agricultural cultivation covered the majority of the project site. By 1970, the East Garden Grove - Wintersburg Channel, located south of the project site, was constructed and agricultural uses on the site continued. In 1974, Metropolitan Water District purchased the site from Signal Landmark. In February 1975, stables were identified on the site. From June 1975 to December 1989, the project site was leased to Roy C. Purshe for cultivation of crops. Additionally, Section 5.8 Biological Resources of the EIR includes a summary description of historical on-site uses from 1952-1995 (pages 5-145 through 5-149). The City portion of the site has been zoned and general planned Low Density Residential since 1971 (Attachment No. 7).

PC Staff Report - 9/10/02 -7- (02sr34 GPA/ZMA/LCPA)

ISSUES:

Subject Property And Surrounding Land Use, Existing Zoning And Existing General Plan Designations:

LOCATION

GENERAL PLAN

ZONING

LAND USE

Subject Property:

Residential Low Density and Open Space-Park

R1-FP2 (Single Family Residential-Floodplain Suffix), RA-CZ (Residential Agriculture-Coastal Zone) and on the unincorporated parcel MLR (Medium Low Density Residential)

Vacant/Agricultural

North of Subject Property:

Residential Low Density

R1-FP2 (Single Family Residential-Floodplain Suffix)

Single Family Homes

East of Subject Property (across the flood control channel):

Residential Low Density

R1-FP2 (Single Family Residential-Floodplain Suffix)

Single Family Homes

South of Subject Property:

Residential Low Density

R1-FP2 (Single Family Residential-Floodplain Suffix)

Single Family Homes

West of Subject Property:

Open Space-Park

RA-CZ (Residential Agriculture-Coastal Zone Suffix)

Vacant

General Plan Conformance:

The proposed general plan amendment, zoning map amendment, local coastal program amendment and annexation have been analyzed and are consistent with the following goals, objectives and policies of the City's General Plan. For purposes of this report the General Plan Conformance analysis focuses on land use issues. Design related issues are addressed in the staff report prepared for the tentative tract map and conditional use permit. It should be noted that a detailed discussion of the project's conformity with goals, policies, and objectives of the General Plan is also presented in Section 5.1, Land Use Compatibility of the Draft EIR, pages 5-3 through 5-17.

A. Land Use Element

Policy LU9.3: Provide for the development of new residential subdivisions and projects that incorporate a diversity of uses and are configured to establish a distinct sense of neighborhood identity.

The general plan amendment, zoning map amendment, local coastal program amendment and annexation are proposed as part of an overall development project of 171 new single family residential homes. The project is proposed as a Planned Unit Development with a neighborhood park, private

PC Staff Report-9/10/02 -8- (02sr34 GPA/ZMA/LCPA)

common open space areas, above average setbacks in front and rear yards, varied lot sizes and a variety of product types and architectural elevations.

Objective LU 14.1: Preserve and acquire open spaces for the City's existing and future residents and provide, maintain and protect significant environmental resources, recreational opportunities and visual relief from development.

The neighborhood park is proposed to be developed with 4.1 j: acres of flat area while 4.1 j: acres of heavily vegetated (eucalyptus grove) slope area will be maintained as natural open space within the park. The project increases City recreational space while preserving natural open space. In addition, there will be 3.3 acres in the parcel within the County of Orange designated as Coastal Conservation.

Policy LU 14.1.1: Accommodate the development of public parks, coastal and water-related occupational uses, and the conservation of environmental resources in areas designated for Open Space on the Land Use Map.

The project includes the construction of an 8.2 acre neighborhood public park. Environmental resources on the project site (pocket wetlands, eucalyptus grove) will be conserved with project design, which proposes no disturbance to these resources.

Goal LU 3: Achieve the logical, orderly, and beneficial expansion of the City's services and jurisdictional limits.

The subject site is a logical expansion of residential uses. There are single family residential uses to the north, east and south of the site.

Implementation LU23:

Annexation Feasibility Study

Upon receipt of a request for annexation, the City shall conduct an "annexation feasibility study" to determine whether the proposed annexation:

a. is adjacent to existing corporate boundaries;

b. contains or will contain land uses that are compatible with City land uses;

c. contains or will contain land uses that have the ability to provide economic benefit to the City;

d. would place an undue or excessive burden on the City's or other service provider's ability to

provide services; and e. would place an undue burden on school and other public services.

Based on the study's findings, the city may pursue annexation, as appropriate. The applicant has submitted an Annexation Feasibility Study addressing the above referenced issues. Based on the study's findings the proposed annexation will not be detrimental to the City's interests.

PC Staff Report- 9/10/02 -9- (02sr34 GPA/ZMA/LCPA)

RSC Policy 2.1.3: Require parkland acquisitions to be fiscally efficient and beneficial to the needs of the community.

The neighborhood park will be beneficial to the needs of the community by providing recreational opportunities. The applicant is providing funding for park improvements in addition to the dedication of land.

B. Coastal Element

Goal Cl: Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs.

The proposed Land Use Plan (GPA) and Implementing Ordinance (ZMA) ensure a balance of coastal resources and development. The following is a breakdown of the proposed land use designations and zoning for the City portion and proposed annexation area:

LAND USE

ACREAGE

Low Density Residential

38.4

Open Space - Park

8.2

Open Space - Conservation

3.3

TOTAL:

49.9

In addition, the proposed development plan associated with the tentative tract map, conditional use permit and coastal development permit will include the following:

• Public park improvements

• Preservation of an existing eucalyptus grove

• Improvements to an adjacent flood control channel which includes a public access trail

Policy Cl.1.8: The City shall, at minimum, consider the following when evaluating annexation proposals in the coastal zone:

a. Is the area to be annexed adjacent to existing corporate boundaries?

b. Does/will the area to be annexed contain land uses that are compatible with City land uses?

c. Does/will the area to be annexed contain land uses that have the ability to provide economic

benefit to the City? d. Would the area to be annexed place an undue or excessive burden on the City's and/or other

service provider's ability to provide services? e. Would the area to be annexed place an undue burden on school and other public services?

The area to be annexed is 4.9 acres and will consist of approximately 1.6 acres of Low Density Residential and 3.3 acres of Coastal Conservation - Open Space. The proposed land uses are compatible with surrounding land uses. The site adjacent to the City boundary.

PC Staff Report-9/10/02 -10- (02sr34 GPA/ZMA/LCPA)

There are no Visitor Serving Commercial or Industrial uses proposed on the site due to its proximity to surrounding residential and open space land uses. It is best suited for Low Density Residential and Open Space. The economic benefit will be the increase in property values and future property taxes.

The annexed area will not place an undue or excessive burden on City services, schools, and other public services as discussed in the EIR.

C. Public Facilities and Public Service Element

Policy PF 2.1.1 Locate fire stations in a manner which will enable emergency fire response times to meet a five minute standard, 80 percent of the time.

The removal of the proposed Graham Street fire station as a future site will not affect this policy (Attachment No. 8). The construction of the Edwards Hill fire station enables emergency response times to comply with this criteria for the area depicted on Figure PF2 of the PF and PS Element (Attachment No. 9).

Objective PF 2.3 Attempt to achieve "built-in" fire protection for all structures.

The project will include single family homes with built-in fire sprinklers. Zoning Compliance: Not applicable. Urban Design Guidelines Conformance: Not applicable. Environmental Status:

In accordance with the California Environmental Quality Act, Environmental Impact Report (EIR) No. 97-2 was prepared by EDAW Inc., a consultant hired by the City to analyze the potential impacts to the project. The EIR is analyzed and discussed in a separate report. The EIR must be certified by the Planning Commission prior to any action on General Plan Amendment No. 98-1, Zoning Map Amendment No. 96-5A and 5B, and Local Coastal Program Amendment No. 96-4.

Coastal Status

The proposed project is within the Coastal Zone. Local Coastal Program Amendment (LCPA) No. 96-4 is a request to certify the approved Land Use Plan and zoning for the property pursuant to GPA No. 98-1 and ZMA Nos. 96-5A and 96-5B. The property is designated as an "Area of Deferred Certification" within the City's Local Coastal Program (LCP). It is the last such designated parcel within the City. In 1982, when the California Coastal Commission certified the City's LCP, it excluded two areas: the 232-acre "white hole" area along Pacific Coast Highway between Beach Blvd. and the Santa Ana River, and the subject 45-acre parcel. These two areas were to be study further based upon studies by the Department of Fish & Game of the areas in the early 1980's. In 1996, the 232-acre "white hole" area received final certification by the California Coastal Commission.

PC Staff Report - 9/10/02 -11- (02sr34 GPA/ZMA/LCPA)

Once the City Council acts on the general plan amendment, zoning map amendment, local coastal program amendment, and annexation, the local coastal program amendment will be forwarded to the California Coastal Commission for certification.

Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns:

The Departments of Public Works, Fire, Police and Community Services and the Building and Safety Department have reviewed the project. Their comments and conditions are included in the EIR and Tract Map reports.

Public Notification:

For the August 27, 2002 Study Session notices were sent to property owners of record within a 1,000 ft. radius of the subject property, applicant, interested parties and individuals/organizations that commented on the environmental documents. For the September 10, 2002 public hearing, legal notice was published in the Huntington Beach/Fountain Valley Independent on August 29, 2002, and notices were sent to property owners of record within a 1,000 ft. radius of the subject property, individuals/organizations requesting notification (Planning Department's Notification Matrix), applicant, interested parties and individuals/organizations that commented on the environmental documents. As of September 5, 2002, there has been no communication supporting or opposing the general plan amendment, zoning map amendment, local coastal program amendment and annexation request submitted.

Application Processing Dates:

DATE OF APPLICATION:

GPA/ZMA/LCPA submitted: 10/08/96

MANDATORY PROCESSING DATE:

Not applicable because GPA/ZMA/LCPA are legislative acts, not development permits.

ANALYSIS:

General Plan Amendment/Zoning Map Amendment

The existing 5.4 acre triangular area designated on the General Plan Land Use Map for a neighborhood park does not accommodate useable park area. The reconfiguration and expansion of this area proposed through the general plan amendment will provide for a park that is 8.2± gross acres in size including 4.1± acres of bluff and down slopes and a 4.1± acre flat area at the base of the bluff, which will accommodate recreational activities. In addition to land the developer is proposing to dedicate $250,000 for

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improvements to the park. The Community Services Department has coordinated closely with the developer and supports this proposal.

The General Plan is also being amended to designate the 4.9 acre site proposed for annexation as a mix of RL-7 (Residential Low Density-maximum 7 units per acre), and OS-C (Open Space - Conservation). The existing County of Orange land use designation (Medium Low Residential) permits up to 12.5 dwelling units per acre. The proposed general plan amendment will permit a density that is consistent with surrounding land uses within the City, while preserving a portion of the area known to have sensitive biological resources.

The Low Density Residential land use designation is located towards the east end of the annexed area, adjacent to the 45 acre parcel general planned and zoned for Low Density Residential. The westerly portion of the annexed parcel to be Open Space Conservation is compatible with the Bolsa Chica area.

The proposed zoning map amendment brings zoning for reconfiguration of the neighborhood park and pre-zones the site proposed for annexation into conformance with the General Plan which is required by State law. It also adds the CZ (Coastal Zone) suffix to the entire project site.

The local coastal program amendment will allow for low density residential uses, open space areas and coastal conservation opportunities in accord with the City's General Plan, Coastal Element, and California Coastal Act.

Fire Station Designation

In the 1996 General Plan Update, a fire station was depicted on the subject property. Upon reevaluation of the need for such a fire station, it has been determined that it is no longer necessary. This is due in part to the construction and operation of the Edwards Hill fire station, and response times to the surrounding area being no longer deficient. Figure PF2 (Attachment No. 9) will be updated when the General Plan is updated to reflect the areas of non-deficiency.

Annexation

The City's General Plan requires the preparation of an Annexation Feasibility Study to determine whether the proposed annexation is compatible with City land uses, has the ability to provide economic benefit to the City and whether the proposed annexation would place an undue or excessive burden on the City and/or School Districts' ability to provide public services for the site. The applicant has submitted an "Annexation Feasibility Study" (Attachment No. 10) that has determined that the forecasted revenues will exceed forecasted expenditures for the first four years of the annexed area.

SUMMARY;

Staff recommends approval of General Plan Amendment No. 98-1, Zoning Map Amendment No. 96-5A and 96-5B, and Local Coastal Program Amendment No. 96-4 for the following reasons:

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1. The proposed general plan amendment amends the General Plan Land Use Map to accommodate a larger and more useable neighborhood park area and designates the annexation area for low density residential uses and open space conservation. The proposed RL land use designation on the area proposed for annexation will result in lower density than is currently allowed under the County designation. The Fire Department has determined that a station is not needed at this location.

2. The proposed zoning map amendment amends the City's zoning map to accommodate a larger and more useable neighborhood park area, adds the CZ (Coastal Zone) suffix to ensure that zoning provisions consistent with the California Coastal Act are applied, and pre-zones the annexation area for low density residential and open space conservation uses consistent with the General Plan Amendment.

3. The proposed changes will result in compatible land uses and will not negatively impact surrounding properties.

4. The proposed amendments to General Plan and zoning designations will not result in significant adverse environmental impacts.

ATTACHMENTS:

1. Draft Resolution for General Plan Amendment No. 98-1

2. Findings for Approval for Zoning Map Amendment No. 96-5A & 96-5B

3. Draft Ordinance adopting Zoning Map Amendment No. 96-5A with Exhibits

4. Draft Ordinance adopting Zoning Map Amendment No. 96-5B with Exhibits

5. Findings for Approval for Local Coastal Program Amendment No. 96-4

6. Draft Resolution adopting Local Coastal Program Amendment No. 96-4

7. General Plan & Zoning History Discussion (Parkside Estates New Alternatives to the Draft Environmental Impact No. 97-2, Volume I dated June 2001)

8. Memo from Charles Burney, Fire Marshall/Division Chief dated September 4, 2002 regarding Fire Station and Response Time Issues

9. Figure PF2 from the Public Facilities & Public Services Element Depicting Fire Response Times

10. Fiscal Impact Analysis dated June, 1999

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PC Staff Report - 9/10/02 -14- (02sr34 GPA/ZMA/LCPA)

ATTACHMENT 1

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING GENERAL PLAN AMENDMENT NO. 98-1

WHEREAS, General Plan Amendment No. 98-1 proposes to amend the Land Use Plan

by:

1. Designating 2.8 acres of real property on the west side of Graham Street, south of Kenilworth Drive, as more particularly described on Exhibit "A" attached hereto, from RL-7 (Low Density Residential-maximum 7 units per acre) to OS-P (Open Space-Park) to expand the current park area shown on the General Plan to accommodate the proposed larger park area; and.

2. Predesignating approximately 4.9 acres of real property located within the County of Orange on the south side of Graham Street, south of Kenilworth Drive as more particularly described on Exhibit "B" attached hereto, as follows: (a) 3.3 acres of OS-C (Open Space - Conservation); and (b) 1.6 acres of RL-7 (Low Density Residential - maximum 7 units per acre); and

General Plan Amendment No. 98-1 also proposes to amend the Public Facilities and Public Services Element by removing the proposed Graham Street Fire Station (Figure PF-1), as more particularly described on Exhibit "C" attached hereto; and

Pursuant to California Government Code, the Planning Commission of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 98-1 and recommended approval of said entitlement to the City Council; and

Pursuant to California Government Code, the City Council of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 98-1; and

The City Council finds that said General Plan Amendment No. 98-1 is necessary for the changing needs and orderly development of the community, and is necessary to accomplish refinement of the General Plan and is consistent with other elements of the General Plan.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows:

SECTION 1: That the real property that is the subject of this Resolution (hereinafter referred to as the "Subject Property") is generally located on the west side of Graham Street, south of Kenilworth Drive, and adjacent to the East Garden Grove Wintersburg Flood Control Channel in the City of Huntington Beach, and is more particularly described in the legal

02ord/gpa 98-1/9/4/02 1 ( /)

description and sketch attached hereto as Exhibits "A" and "B," respectively, and incorporated by this reference as though fully set forth herein.

SECTION 2: That General Plan Amendment No. 98-1, which amends the General Plan Designation for the Subject from Low Density Residential to Open Space-Park (Exhibit "A");

provides a General Plan designation of Open Space-Conservation and Low Density Residential on a portion of the Subject Property located within the County of Orange (Exhibit "B"); and amends the Public Facilities and Public Services Element by removing the proposed Graham Street Fire Station (Exhibit "C"), is hereby approved. A map depicting the Land Use Plan designations is attached hereto as Exhibit "D".

PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ____ day of_______________, 2002.

ATTEST:

Mayor APPROVED AS TO FORM:

City Clerk REVIEWED AND APPROVED:

/I, City Attorney

INITIATED AND APPROVED:

City Administrator

EXHIBITS

A. Legal description of Subject Property located within the City of Huntington Beach and sketch. B. Legal description of Subject Property located within the County of Orange and sketch. C. Figure PF-1 Public Facilities locations and amendments. D. Vicinity Map and Proposed Land Use Plan.

02ord/gpa 98-1/9/4/02 2 | |

EXHIBIT "A" LEGAL DESCRIPTION

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Shea Homes Park Parcel southeasterly of the zone line in the City of Huntington Beach

A parcel of land in the City of Huntington Beach, County of Orange, State of California, being a portion of Parcel A of the land described in the deed recorded September 19, 1996, as Instrument No. 19960479182 of Official Records of said County, said parcel of land being described as follows:

Beginning at point on the northerly line of said Parcel A, South 89°35'37" East 530.22 feet from the northwesterly comer thereof; thence South 31°08'36" West 1030.39 feet to a point in the boundary of said Parcel A, being South 0°10'28" West 885.65 feet from said northwesterly corner; thence, along said boundary, South 0°10'28" West 39.25; thence South 89°49'32" East 17.00 feet; thence North 40°35'12" East 32.40 feet; thence South 89°49'32" East 80.00 feet;

thence North 0°10'28" East 71.16 feet to a tangent curve concave southeasterly having a radius of 275.00 feet; thence northeasterly 304.78 feet along said curve through a central angle of 63°30'01"; thence tangent from said curve North 63°40'29" East 213.26 feet to a tangent curve concave northwesterly having a radius of 1505.00 feet; thence northeasterly 167.25 feet along said curve through a central angle of 6°22'02" to a compound curve concave westerly having a radius of 28.00 feet; thence northerly 37.39 feet along said curve through a central angle of 76°30'29"; thence tangent from said curve North 19°12'02" West 59.27 feet to a tangent curve concave northeasterly having a radius of 275.00 feet; thence northerly 96.98 feet along said curve through a central angle of 20° 12'19"; thence non-tangent from said curve North 0°24'23" East 16.55 feet to a tangent curve concave westerly having a radius of 100.00 feet; thence northerly 45.51 feet along said curve through a central angle of 26°04'38" to a reverse curve concave northeasterly having a radius of 67.00 feet; thence northerly 30.49 feet along said curve through a central angle of 26°04'38"; thence non-tangent from said curve North 0°24'23"

October 16, 2000 Page 1 of 2 W.O. 0061-15377 H&--\ Legal No. 5113 Prepared By: V. Edge Ck'd By: R. Williams/ii

A-

East 128.77 feet to said boundary; thence, along said boundary. North S9°35'37" West 36.'06 feet 10 the Point of Beginning.

As shown on exhibit "B" attached hereto and by this reference made a part hereof.

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Rory S. Williams, L.S. No. 665^ License Expires: December 31, 2003

October 16, 2000 Page 2 of 2 \\'.0. 0061-15377 H&--\ Legal No. 5113 Prepared By: V. Edge Ck'd By: R. Williams/tl

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EXHIBIT ^ LEGAL DESCRIPTION

Open Space Parcel in Unincorporated County Territory

A parcel of land in the County of Orange, State of California, being portions of Parcels A, B and C of the land described in the deed recorded September 19, 1996, as Instrument No. 19960479182 of Official Records of said County, said parcel of land being described as follows:

Beginning at the southwest comer of said Parcel C; thence along the boundary of said Parcel C the following courses: North 26°19'31" West 95.04 feet. North ISWIO" East 231.15 feet. North 29°37'51" East 37.58 feet. North 57°36'54" East 150.89 feet. North 44°49'13" East 172.30 feet and North 32°53'40" East 47.24 feet; thence continuing along said Parcel C boundary and along the boundary of said Parcel B North 89°58'29" East 155.96 feet to an angle point in the Westerly boundary of the City of Huntington Beach per Annexation No. 15 to Orange County Sanitation District No. 11; thence leaving said Parcel B boundary and along said annexation boundary South 45°35'11" East 9.77 feet; thence South 0°10'28" West 4.84 feet; thence South 52°51'54" West 87.88 feet to a non-tangent curve concave westerly having a radius of 72.95 feet, a radial line to said point bears North 70°52'19" East; thence southerly 16.61 feet along said curve through a central angle of 13°02'33" to a non-tangent curve concave northwesterly having a radius of 98.00 feet, a radial line to the beginning of said curve bears South 87°04'25" East;

thence southwesterly 81.78 feet along said curve through a central angle of 47°48'56" to a reverse curve concave easterly having a radius of 42.00 feet; thence southerly 53.37 feet along said curve through a central angle of 72°48'33" to a reverse curve concave westerly having a radius of 98.00 feet; thence southerly 70.36 feet along said curve through a central angle of 41°08'10" to a non-tangent curve concave easterly having a radius of 64.60 feet, a radial line to said point bears North 66°03'35" West; thence southerly 44.64 feet along said curve through a central angle of39°35'25"; thence non-tangent from said curve South 26°19'31" East 76.00 feet to the northerly right-of-way line of Orange County Flood Control District, Parcel No. C5-101,

October 14, 2000 Page 1 of 2 W.O. 0061-15377 H&A Legal No. 5117 Prepared By: V. Edge Ck'd By: R. Williams/tl

196.00 feet wide. per the deed recorded in Book 7181, Page 748 of said Official Records;

thence leaving said annexation boundary and along said northerly line South 63°40'29" West 450.16 feet to the Point of Beginning.

As shown on exhibit "B" attached hereto and by this reference made a part hereof.

Rory S. Williams, L. S. No. 6654 License Expires: December 31, 2003

October 14, 2000 Page 2 of 2 W.O. 0061-15377 H&A Legal No. 5117 Prepared By: V. Edge Ck'd By: R. Williams/tl

Hunsaker & Associates Irvine, Inc.

Three f/Hughes. Irvine, CA 52513 • (714) 583-1010 Planning • Engineering • Surveying

10-14-001 ^'te None

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By: V, Edoe

SHEA HOMES 0. S. PCL (remainder) IN UNINCORPORATED TERRITORY OF THE COUNTY

UNINCORPORATED REBRFTORY OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA

CK'n Sy.

R. Williams

SCALE: 1"=200'

W.O. 0061-15377

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H&A LEGAL No. 5117 | SHEET 1 OF 1

EXHIBIT '6 LEGAL DESCRIPTION

Residential Parcel in Unincorporated County Territory

A parcel of land in the County of Orange, State of California, being portions of Parcels A, B and C of the land described in the deed recorded September 19, 1996, as Instrument No. 19960479182 of Official Records of said County, said parcel of land being described as follows:

Beginning at a point in the westerly boundary of the City of Huntington Beach per Annexation No. 15 to Orange County Sanitation District No. 11, South 45°35'11" East 9.77 feet from the northeasterly corner of said Parcel B, said northeasterly comer being an angle point in said westerly boundary; thence South 0°10'28" West 4.84 feet; thence South 52⁰51'54" West 87.88 feet to a non-tangent curve concave westerly having a radius of 72.95 feet, a radial line to said point bears North 70°52'19" East; thence southerly 16.61 feet along said curve through a central angle of 13°02'33" to a non-tangent curve concave northwesterly having a radius of 98.00 feet a radial line to the beginning of said curve bears South 87°04'25" East; thence southwesterly 81.78 feet along said curve through a central angle of 47°48'56" to a reverse curve concave easterly having a radius of 42.00 feet; thence southerly 53.37 feet along said curve through a central angle of 72°48'33" to a reverse curve concave westerly having a radius of 98.00 feet;

thence southerly 70.36 feet along said curve through a central angle of 41°08'10" to a non-tangent curve concave easterly having a radius of 64.60 feet, a radial line to said point bears North 66°03'35" West; thence southerly 44.64 feet along said curve through a central angle of 39°35'25"; thence non-tangent from said curve South 26°19'31" East 76.00 feet to the northerly right-of-way line of Orange County Flood Control District, Parcel No. Co-101, 196.00 feet wide, per the deed recorded in Book 7181, Page 748 of said Official Records; thence, along said northerly right-of-way North 63°40'29" East 343.89 feet to said westerly boundary; thence, along said westerly boundary, North 45°35'11" West 316.26 feet, to the Point of Beginning.

October 14, 2000 Page 1 of 2 W.O. 0061-15377 H&A Legal No. 5116 Prepared By: V. Edge Ck'd By: R. Williams/tl

^•k As shown on exhibit "B" attached hereto and by this reference made a part hereof.

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Rory S. Williams, L.S. No. 6654 License Expires: December 31, 1999

October 14, 2000 Page 2 of 2 W.O. 0061-15377 H&A Legal No. 5116 Prepared By: V. Edge Ck'd By: R. Williams/tl

^HISIT "P" PARKSIDE ESTA TES

GENERAL PLAN (EXISTING)

GENERAL PLAN (PROPOSED)

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ATTACHMENT 2

ATTACHMENT NO. 2

SUGGESTED FINDINGS FOR APPROVAL

ZONING MAP AMENDMENT NO. 96-5A & 96-5B

SUGGESTED FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO. 96-5A & 5B:

1. Zoning Map Amendment No. 96-5A and 96-5B represent a change to the Huntington Beach Zoning Map (District Map #33) as follows:

96-5A: Rezone approximately 40 acres of the subject site to add CZ (Coastal Zone Overlay) to the existing FL-FP2 (Low Density Residential - Floodplain Overlay) designation; and rezone 8.2 acres from RA-CZ (Residential Agriculture - Coastal Zone) and RL-FP2 (Low Density Residential) to OS-PR-CZ (Open Space - Parks and Recreation - Coastal Zone); and

96-5B: Pre-zone the approximately 4.9 acre County of Orange parcel as follows: approximately 1.6 acres RL-& (Residential Low Density); and approximately 3.3 acres )S-C (Open Space -Conservation).

These changes are consistent with the goals, objectives, and land use policies of the General Plan and Local Coastal Program. The proposed changes are consistent with General Plan Amendment No. 98-1 which is being processed concurrently. The land uses in the surrounding area are consistent with the proposed changes in zoning because the surrounding land uses are low density residential and open space. As discussed in the Environmental Impact Report for this project, there will be appropriate infrastructure and services available to support the proposed development.

2. In the case of a general land use provision, the zoning map amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The changes proposed would be compatible with the uses in the vicinity, which are primarily low density residential.

3. A community need is demonstrated for the change proposed. The changes would expand the opportunities for housing and address the needs of a growing population. It will also expand the amount of passive and active recreation area, as well as coastal conservation, consistent with the City's General Plan and Local Coastal Program.

4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning map amendment provides compatible land uses, and passive and active public park space to serve the existing community.

(Osr34 GPA/ZMA/LCPA) Attachment No. 2.1

ATTACHMENT 3

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO ADD THE CZ COASTAL ZONE OVERLAY (ZONING MAP AMENDMENT NO. 96-5A)

WHEREAS, pursuant to the State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate public hearings relative to Zoning Map Amendment No. 96-5A, wherein both bodies have carefully considered all information presented at said hearings, and after due consideration of the findings and recommendations of the Planning Commission and all evidence presented to said City Council, the City Council finds that such zone change is proper, and consistent with the General Plan.

NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows:

SECTION 1. That approximately 40 acres of real property generally located on the west side of Graham Street, north of the East Garden Grove-Wintersburg Channel and 1500 feet south of Warner Avenue as more particularly described in the legal description and sketch collectively attached hereto as Exhibit A and incorporated by reference as though fully set forth herein is hereby changed from a base district of RL (Low Density Residential) and RL-FP2 (Low Density Residential with a Flood Plain Overlay District) to add the Coastal Zone Overlay District (-CZ).

SECTION 2. That approximately 8.2 acres of real property generally located 1600 feet west of Graham Street and 1500 feet south of Warner Avenue as more particularly described in the legal description and sketch collectively attached hereto as Exhibit B and incorporated by reference as though fully set forth herein, is hereby changed from RA (Residential Agriculture District) and RL (Low Density Residential District) to OS-PR (Open Space - Parks & Recreation Subdistrict).

SECTION 3. That the Director of Planning is hereby directed to amend Sectional District Map 33 of the Huntington Beach Zoning and Subdivision Ordinance to reflect the changes contained in this ordinance. The Director of Planning is further directed to file the amended map. A copy of such map, as amended, shall be available for inspection in the Office of the City Clerk.

SECTION 4. The ordinance shall take effect immediately upon certification by the California Coastal Commission.

ord/02zoning/zma 96-5/9/4/02 1

ATTEST:

Mayor APPROVED AS TO FORM:

City Clerk REVIEWED AND APPROVED:

City Attorney INITIATED AND APPROVED:

City Administrator Director of Planning

ord/02zoning/zma 96-5/7/26/02 2

EXHIBIT "A" LEGAL DESCRIPTION FOR RE-ZONING PURPOSES

A. parcel oflcind in the City ofHuntinglon Beach, County ol'Orsngc. Sate of Califorr.^, being a portion of Parcel A of the land described in the deed recorded September 19, lOQfi. zs. rr^ti-unient No. 19060479182 of Official Records of said County. 5;.iid parcel of land being described &<> follows;

Beginning at a point on the wesccrly line of the boundary (•Jf s;ud Psrcel A being die northeasterly corner of the land described in the document record h Book 4960, P;ige 8" of .•x'lid Official Records; thence, along the easterly prolongadon of the northerly line of said land, North 89"58'29'' East 219.76 feet to the southwesterly prolongation of >he nunhwesuerly line of "rract No. 5792 as shown on a map filed in Book 220 Pages 8 through 11, inclusive, in i:he oHicc i:>r County Recorder of said County; thence, along said southwesterly prolongation, North srOB'SB" fJist 60S.SS feel to said boundary; thence, along said boundary uf Parcel A, Suudi 89''35'37" East 1612.'12 feet (0 a IJme parallel with and 40.00 feet wes;erly of the cc-merlinf; ot" Graluu Sireei. as shown on a Record of Survey filed in Book 92, Pages 1.9 through 28 of Records of Survey in said Office; thence, along said parallel line South O'^.O^O" West S87.24 feel lo said boundary of Pared A; ihcnce. silong said boundary. South ss^o'lxj" West aiS3.11 Feet to the westerly boundary of die City of Huntington Beach per Annexation Me. 15 to Oraiijg<; County Sanitation District No. 11, thence, alon^ said westerly boundary, NonA WSy} I" We.'it 326.03 feet and North O'lO'SS" East GOO. 00 feet to the Point of Beginning.

As shown on Exhibit "B" attached hereto and by this reference made a part hi-reof.

'•"———^r:

tece F. Hunsaker, L.S. 5021

Mv License Expires; December 5.1, 2004

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June ^d. 2i.)02 P'cige 1 ^ 1 W.0.0051-)y;l77 V.3eA. Lega! No, 3509 P;-upared'£v;V. Edge Ck'riBv: R. Willia:;;s/r^

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EXHIBIT "J^ LEGAL DESCRIPTION PROPOSED CITY PARK

A :)&rcd of land in Ae City ofHundng-.on Beach, County of Orange, ilace of California, being £ aortion of Parcel A of the k-nd described in the deed recorded .Mipcember 19, 1996, as Instrument No. 10960479182 of Official Records of said Coiincy. said par';el of land being described as follows:

Beginning ar a point in Ac westsariy line of [he boundary of said Parcal A, South OO'lO'SiS" W$s(. 924.90 fcer. from the nor-hwesterly corner thereof; thence, along said boundary North 0°10'28" Ease 924.90 feet and South 89'55'57" East 561.27 feet; thence South O^'SS" West 133.2B teet;

thence South 81'44'H'¹ East 46.S4 feet to a point on a non-;angeni curve concave easterly having a radius oF 53,00 feet, a radial line to said point b&ars Noft:l-i 81'44'H" West; thence soudierly 7.27 feet along said curve through a central angle of 7^t5l'2¹:i"; thence cangfc'nt from said curve South 0°24'23" West 74.90 feet to a tangent curve concave eas.terjy having a ladius of £50.00 feet; thence southerly 85.55 fecc along said curve through a central angle of lO'SB'So";

lh<-iK<; tangen.t from said curve South IQ'ia'O^" East 59.40 feet to u tangent curve concave westerly having a radius of 52.00 feet; thence southerly 69,44 feet aloog said curve through a central angle of 76'^:SO'29" to a compound curve concave nortlwestiirly having a nidius of 1529.00 feet; thence southwesterly 169.92 feet along said curve thruugh a (.eniral ;mgle of E°22'02"; thence tangent fro.i-il said curve South 63°40'29" Wesi 21,?>.2£; fcet to a tangent curve concave southeasterly having a radius of 251.00 feec; thence southwesterly 278.18 feet along said curve through a central angle ol' OS'SO'Ol"; thence tangent from S;iid curve South 0''10'2S" West 71.16 feet; thence North S9''49'S2" West 104.00 feet; thence South -l0°?»5'l2" West Sii.40 t:^ec; thence North Se'i^SS" Wcsi 17.00 fser to the Point ofBeginning-

..^ shown on Exhibit ''B" attached hereto and by this reference made a pdrt hereof.

Juni; 5, 2002 " ysLW. 1 cf ! W.O.OOl;'!-•!.'>:? 7 7 KfeAI.eg2lNo.55lO I';-tpared By. V. EdgL-Ck'cl B";: B. I-I\ir].<a;>.--r

Bmce F. Huniakcr. I..S. 5921 My License Expires: December 31, 2004

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ATTACHMENT 4

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO PREZONE ACREAGE ADJACENT TO THE EAST GARDEN GROVE-WINTERSBURG CHANNEL (ZONING MAP AMENDMENT NO. 96-5B)

WHEREAS, pursuant to the State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate public hearings relative to Zoning Map Amendment No. 96-5B, wherein both bodies have carefully considered all information presented at said hearings, and after due consideration of the findings and recommendations of the Planning Commission and all evidence presented to said City Council, the City Council finds that such zone change is proper, and consistent with the General Plan.

NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows:

SECTION 1. That approximately 1.6 acres of real property located within the County of Orange adjacent to the East Garden Grove-Wintersburg Channel approximately 2200 feet southwest of Graham Street and adjacent to the proposed Parkside Residential project as more particularly described in the legal description and sketch collectively attached hereto as Exhibit A and incorporated by reference as though fully set forth herein is hereby prezoned to (RL-FP2-CZ) Low Density Residential District with Floodplain and Coastal Zone Overlay Districts.

SECTION 2. That approximately 3.3 acres of real property located within the County of Orange adjacent to the East Garden Grove-Wintersburg Channel approximately 2200 feet southwest of Graham Street and adjacent to the proposed Parkside Residential project as more particularly described in the legal description and sketch collectively attached hereto as Exhibit B and incorporated by reference as though fully set forth herein is hereby prezoned to Coastal Conservation with Floodplain and Coastal zone overlay districts (CC-FP2-CZ).

SECTION 4 The amendment becomes effective immediately upon certification by the California Coastal Commission.

ord/02zoning/zma 96-5B/9/4/02 1

PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ____ day of________________, 2002.

Mayor

ATTEST:

City Clerk REVIEWED AND APPROVED:

APPROVED AS TO FORM:

(

/^City Attorney

INITIATED AND APPROVED:

City Administrator Director of Planning

ord/02zoning/zma 96-5B/9/4/02

EXHIBIT "A"

LEGAL DESCRIPTION

Residential Parcel in Unincorporated County Territory

Beginning at a point in the westerly boundary of the City of Huntington Beach per Annexation No. 15 to Orange County Sanitation District No. 11, South 45°35'11" East 9.77 feet from the northeasterly corner of said Parcel B, said northeasterly corner being an angle point in said westerly boundary; thence South 0°10'28" West 4.84 feet; thence South 52°51'54" West 87.88 feet to a non-tangent curve concave westerly having a radius of 72.95 feet, a radial line to said point bears North 70°52'19" East; thence southerly 16.61 feet along said curve through a central angle of 13°02'33" to a non-tangent curve concave northwesterly having a radius of 98.00 feet a radial line to the beginning of said curve bears South 87°04'25" East; thence southwesterly 81.78 feet along said curve through a central angle of 47°48'56" to a reverse curve concave easterly having a radius of 42.00 feet; thence southerly 53.37 feet along said curve through a central angle of 72°48'33" to a reverse curve concave westerly having a radius of 98.00 feet;

thence southerly 70.36 feet along said curve through a central angle of 41°08'10" to a non-tangent curve concave easterly having a radius of 64.60 feet, a radial line to said point bears North 66°03'35" West; thence southerly 44.64 feet along said curve through a central angle of 39°35'25"; thence non-tangent from said curve South 26°19'31" East 76.00 feet to the northerly right-of-way line of Orange County Flood Control District, Parcel No. C5-101, 196.00 feet wide, per the deed recorded in Book 7181, Page 748 of said Official Records; thence, along said northerly right-of-way North 63°40'29" East 343.89 feet to said westerly boundary; thence, along said westerly boundary, North 45°35'11" West 316.26 feet, to the Point of Beginning.

October 14, 2000 Page 1 of 2 W.O.0061-15377 H&A Legal No. 5116 Prepared By: V. Edge Ck'd By: R. Williams/ll

As shown on exhibit "B" attached hereto and by this reference made a part hereof.

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^ <f./^ >\^^: ii/i. Rory S. Williams, L.S. No. 6654 License Expires: December 31, 1999

October 14, 2000 Page 2 of 2 W.O. 0061-15377 H&A Legal No. 5116 Prepared By: V. Edge Ck'd By: R. Williams/tl

EXHIBIT "A LEGAL DESCRIPTION

Open Space Parcel in Unincorporated County Territory

Beginning at the southwest comer of said Parcel C; thence along the boundary of said Parcel C the following courses: North 26⁰19¹31" West 95.04 feet, North 18°07'10" East 231.15 feet, North 29°37'51" East 37.58 feet. North 57°36'54" East 150.89 feet. North 44°49'13" East 172.30 feet and North 32°53'40" East 47.24 feet; thence continuing along said Parcel C boundary and along the boundary of said Parcel B North 89°58'29" East 155.96 feet to an angle point in the Westerly boundary of the City of Huntington Beach per Annexation No. 15 to Orange County Sanitation District No. 11; thence leaving said Parcel B boundary and along said annexation boundary South 45°35'11" East 9.77 feet; thence South 0°10'28" West 4.84 feet; thence South 52°51'54" West 87.88 feet to a non-tangent curve concave westerly having a radius of 72.95 feet, a radial line to said point bears North 70°52'19" East; thence southerly 16.61 feet along said curve through a central angle of 13°02'33" to a non-tangent curve concave northwesterly having a radius of 98.00 feet, a radial line to the beginning of said curve bears South 87°04'25" East;

thence southwesterly 81.78 feet along said curve through a central angle of 47°48'56" to a reverse curve concave easterly having a radius of 42.00 feet; thence southerly 53.37 feet along said curve through a central angle of 72°48'33" to a reverse curve concave westerly having a radius of 98.00 feet; thence southerly 70.36 feet along said curve through a central angle of 41°08'10" to a non-tangent curve concave easterly having a radius of 64.60 feet, a radial line to said point bears North 66°03'35" West; thence southerly 44.64 feet along said curve through a central angle of 39°35'25"; thence non-tangent from said curve South 26°19'31" East 76.00 feet to the northerly right-of-way line of Orange County Flood Control District, Parcel No. C5-101,

October 14, 2000 Page 1 of 2 W.O. 0061-15377 H&A Legal No. 5117 Prepared By: V. Edge Ck'd By: R. Williams/tl

196.00 feet wide, per the deed recorded in Book 7181, Page 748 of said Official Records;

thence leaving said annexation boundary and along said northerly line South BS^O^O" West 450.16 feet to the Point of Beginning.

As shown on exhibit "B" attached hereto and by this reference made a part hereof.

1. ^/-^

Rory S. Williams, L. S. No. 6654 License Expires: December 31, 2003

October 14, 2000 Page 2 of 2 W.O. 0061-15377 H&iA Legal No. 5117 Prepared By: V. Edge Ck'd By: R. Williains/i.1

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ATTACHMENT 5

ATTACHMENT NO. 5 SUGGESTED FINDINGS FOR APPROVAL LOCAL COASTAL PROGRAM AMENDMENT NO. 96-4

SUGGESTED FINDINGS FOR APPROVAL - LOCAL COASTAL PROGRAM AMENDMENT NO. 96-4;

1. Local Coastal Program Amendment No. 96-4 amends the City's certified Local Coastal Program (Land Use Plan and Implementing Ordinances) in accord with General Plan Amendment No. 98-1 and Zoning Map Amendment No. 96-5A and 96-5B. The Huntington Beach Local Coastal Program/Coastal Element (Figure C-2 and associated text) for the subject site is changed from "Area of Deferred Certification" to OS-P (Open Space - Park), approximately 2.8 acres and RL-7 (Low Density Residential - maximum 7 units per acre), approximately 37 acres; and designate an approximate 4.9 acre portion located within the County of Orange as OS-C (Open Space - Conservation), approximately 3.3 acres and RL-7 (Low Density Residential - maximum 7 units per acre), approximately 1.6 acres.

2. Local Coastal Program Amendment No. 96-4 is in accordance with the policies, standards and

provisions of the California Coastal Act relative to residential development, land resources and public access. The Local Coastal Program Amendment promotes the City's Local Coastal Program goals and objectives by allowing low density residential uses, open space areas, and coastal conservation opportunities.

3. The development conforms with the public access and public recreation policies of Chapter 2 of the California Coastal Act. The General Plan Amendment and Zoning Map Amendment expand the amount of open space and conservation areas that will preserve a eucalyptus grove, and preserve and avoid the remnant pickleweed area and the Environmental Protection Agency delineated pocket wetland area in the parcel within the County of Orange. There will be greenbelts and a paseo park to provide opportunities for public access through and between the site. No existing coastal access will be impacted.

(Osr34 GPA/ZMA/LCPA) Attachment No. 5.1

ATTACHMENT 6

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HUNTINGTON BEACH ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 96-4 TO AMEND THE LOCAL COASTAL PROGRAM LAND USE PLAN AND IMPLEMENTING ORDINANCES TO REFLECT GENERAL PLAN AMENDMENT NO. 98-1 AND ZONING MAP AMENDMENT NOS. 96-5A AND 96-5B BY AMENDING ZONE 2-LAND USE PLAND AND ACCOMPANYING TEXT OF THE CITY'S COASTAL ELEMENT FOR THE REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF GRAHAM STREET, SOUTH OF KENILWORTH DRIVE AND REQUESTING CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION

WHEREAS, after notice duly given pursuant to Government Code Section 65090 and Public Resources Code Section 30503 and 30510, the Planning Commission of the City of Huntington Beach held public hearings to consider the adoption of the Huntington Beach Local Coastal Program Amendment No. 96-4; and

Such amendment was recommended to the City Council for adoption; and

The City Council, after giving notice as prescribed by law, held at least one public hearing on the proposed Huntington Beach Local Coastal Program Amendment No. 96-4, and the City Council finds that the proposed amendment is consistent with the Huntington Beach General Plan, the Certified Huntington Beach Local Coastal Program (including the Land Use Plan), and Chapter 6 of the California Coastal Act; and

The City Council of the City of Huntington Beach intends to implement the Local Coastal Program in a manner fully consistent with the California Coastal Act.

NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows:

SECTION 1: That the real property that is the subject of this Resolution is bounded by Graham Street, the East Garden Grove-Wintersburg Flood Control Channel, unincorporated Bolsa Chica, and single-family homes along Kenilworth Drive and consists of approximately 45 acres within the City of Huntington Beach which includes the approximate 40-acre Area of Deferred Certification, and approximately 5 acres within the County of Orange (Exhibit A).

SECTION 2: That the Huntington Beach Local Coastal Program Amendment No. 96-1, consisting of General Plan Amendment No. 98-1 and Zoning Map Amendment Nos. 96-5A and 96-5B, a copy of which is attached hereto as Exhibits B and C, and incorporated by this reference as though fully set forth herein, is hereby approved.

SECTION 3: That the Local Coastal Program Land Use Plan/Coastal Element for the Subject Property is hereby changed from the Area of Deferred Certification to OS-P (Open

02reso/coastal amend 96-4/8/30/02 1

Space-Park) - approximately 2.8 acres and RL-7 (Low Density Residential - maximum 7 units per acre) - approximately 37 acres; and designate an approximate 5 acre portion located within the County of Orange as OS-C (Open Space-Conservation) - approximately 3 acres and RL-7 (Low Density Residential-maximum 7 unites per acre) - approximately 1.5 acres (Exhibit D).

4. That the California Coastal Commission is hereby requested to consider, approve and certify Huntington Beach Local Coastal Program Amendment No. 96-4.

5. That pursuant to Section 13551 (b) of the Coastal Commission Regulations, Huntington Beach Local Coastal Program Amendment No. 96-4 will take effect automatically upon Coastal Commission approval, as provided in Public Resources Code Sections 30512, 30513 and 30519.

PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ____ day of________________, 2002.

Ot^5/^

ATTEST:

City Clerk REVIEWED AND APPROVED:

Mayor APPROVED AS TO FORM:

^^^L^ City Attorney

INITIATED AND APPROVED:

City Administrator Planning Director

EXHIBITS

A. Vicinity Map.

B. General Plan Amendment No. 98-1.

C. Zoning Map Amendment Nos. 96-5A and 96-5B.

D. Changes in Coastal Element:

Pg. IV-C-11 Discussion and Table

Pg.IV-C-21 Figure C-2

Olreso/coastal amend 96-4/8/30/02 2

PLANNING

£XHf^l~T 'A¹¹

wctional DISTRICT MAP » 28-5-N

CITY OF . HUNTINGTON BEACH A

ORANGE COUNTY, CALIFORNIA

USE OF PROPERTY MAP

fe-\ ^ITY Of ^UNrnN<^TZ)M

'""'' V i mAOuCo • "'

G)Wl&17

"&"

PARKSIDE ESTA TES

GENERAL PLAN (EXISTING)

^ \ L

W-RMEa

GENERAL PLAN (PROPOSED)

y-^fr H^rTif^TM^;H

sxHi&n" "^-"

PARKSIDE ESTA TES

ZONING (EXISTING)

ZONING (PROPOSED)

B^H(6i~r "P"

LEGISLATIVE DRAFT Zone 2 - Bolsa Chica

This area of the Coastal Zone extends between Warner Avenue to the City limits near the Huntington Beach Mesa bluffs. (Figure C-6.)

Existing Land Uses

Inland (Pacific Coast Highway and areas north to the Coastal Zone boundary.) The majority of Zone 2, the Bolsa Chica, is located outside the City's corporate boundary, within the County of Orange. The area is in the City's Sphere of Influence for possible future annexation. Existing land uses in the Bolsa Chica area include vacant land, habitat preservation/wetland and oil production. Approximately 300 acres of residential area lie north of this area. Single family residential is the primary land use, with one three-acre neighborhood park. The area between Warner Avenue and Los Patos Drive, west of the unincorporated area includes approximately 27 acres of low density, single-family homes and two acres of medium density residences. A 44 45 acre area between Los Patos Drive and the Wintersburg Flood Control Channel is vacant and includes a small section of the Bolsa Chica bluffs (if unincorporated area is annexed, this becomes "approximately 50 acres").

Coastal (Seaward of Pacific Coast Highway.)

This area consists of the Bolsa Chica State Park Beach. The State Park includes open shoreline,

parking facilities, restroom facilities and snack facilities.

Coastal Element Land Use Plan

Inland (Pacific Coast Highway and areas north to the Coastal Zone boundary.) The Coastal Element does not present a land use plan for the Bolsa Chica. The land area north of the Bolsa Chica, within the City's corporate and Coastal Zone boundaries, is built out consistent with its Coastal Element designation of low density residential. The area west of the Bolsa Chica is also developed consistent with the Coastal Element Land Use designation of low density residential. ~~The vacant 44 acre area next to the Wintersburg Flood Control Channel retains its~~

IV-C-11

(LCPA96-4 Reso)

~~existing designation as an "Area of Deferred Certification."~~—Prior to development of the site, an amendment to the City's Local Coastal Program will be required, subject to Coastal Commission approval; the amendment would take effect upon Commission certification. Portions of this zone are included in the Community District/Sub area Schedule as sub-areas 4G and 4J. The Coastal Element land use designation for the vacant 45 acre area next to the East Garden Grove -Wintersburg Flood Control Channel was recently certified as RL- 7 (Low Density Residential) and OS-P (Open Space — Park). In addition, approximately 5 acres of land was annexed from the County of Orange into the City of Huntington Beach. This area is designated RL- 7 (Low Density Residential) and OS-C (Open Space — Conservation).

Coastal (Seaward of Pacific Coast Highway.}

The land within this area is designated as OS-S, Open Space-Shoreline with a 4J Design District

Overlay.

ZONE 2 - LAND USE DESIGNATIONS

RESIDENTIAL

RL-7

OPEN SPACE

OS-P, OS-S, OS-C

PUBLIC

"White Hole"

Area of Deferred Certification

ZONE 2 - SPECIFIC PLAN AREAS

None

ZONE 2 - GENERAL PLAN OVERLAYS

4G,4J

See Table C-l for land use category definitions.

IV-C-11

(LCPA96^t Reso)

IV-C-21

ATTACHMENT 7

1.4.2 General Plan and Zoning History

City Portion. The project site has been zoned for residential development since 1971. In 1986, the City took action to change the land use designation on most of the project site (under MWD ownership at that time) from Residential to Conservation on the Coastal Element Land Use Plan. At that time the City was actively negotiating with the County over the ultimate land use for the Bolsa Chica. The City decision in 1986 to propose designating the MWD property Conservation was partly in response to a proposal by the County and Signal Landmark to intensively develop the Bolsa Chica.

Another historical factor influencing the land use designation on the site is the issue of whether the property may have value as a wetland. In the early 1980's the property was declared to be potentially restorable to wetlands by the State Department of Fish and Game and the California Coastal Commission. In 1986 this wetlands status issue was unresolved.

PARKSIDE ESTATES .\'EW ALTERNATES TO THE DEIR 1 -4

Due to the City's negotiating posture on the Bolsa Chica and the uncertainty of the site's wetland status in 1986, it made sense for the City to propose designating the site Conservation. However, by 1989 the less intense Bolsa Chica plan had been proposed by the Bolsa Chica Coalition, and after further study the US Army Corps of Engineers declared the site as "Prior Converted Crop Land." eliminating any concern that the site contained wetlands.

The Conservation designation on the City's Coastal Element Land Use Plan was never taken forward by the City to the Coastal Commission for approval. This process is required before the City can implement the Conservation designation.

The City initiated the Comprehensive Update to the General Plan in 1991. In the process of updating the General Plan, a portion of the MWD property that is not proposed for residential development under the project was reviewed for redesignation from Open Space - Park to Low Density Residential, however, the land use designation was ultimately not changed and still remains Open Space - Park (OS-P). The land use designation of Residential on the remainder of the site was included on the Land Use Plan and adopted by the City Council on May 13, 1996. The City followed all legal noticing requirements during the General Plan Update Process.

It should be noted that the zoning designation on the portion of the property that is proposed for residential development has been Rl or RL (Single Family Residential) since 1971.

The County Portion. The 4.5-acre portion of the project site located within the County is proposed for annexation into the City. The following is a brief overview of land use factors relating to County General Plan and Zoning history of the site.

The existing Bolsa Chica Local Coastal Program currently zones the site Medium-Low density residential. Several General Plan and Local Coastal Program (LCP) amendments have been approved by the County of Orange and California Coastal Commission but were subsequently challenged in court. When the application by Shea Homes was submitted, the property was designated for Medium-Low density residential use in the General Plan. This designation was approved by the Coastal Commission, however the plan was challenged in court and later reconsidered by the Coastal Commission and County. The most recent action by the County on April 16, 1999 designated the westerly 0.13-acre portion of the 4.5-acre site as Conservation in order to preserve the eucalyptus trees identified as the Fish and Game designated ESHA. The Coastal Commission subsequently designated the entire 4.5-acre as conservation, on November 2000, along with other Bolsa Chica lowland property. This action by the Coastal Commission was challenged in court on January 12, 2001 by the owner of the Bolsa Chica Mesa, therefore, the land use designation of Medium-Low density residential remains in effect.

l L-omrr | therefc

L^^^—

PARKSIDE ESTATES \EWAL.TER.VATI\'ES TO THE DEIR 1-5

ATTACHMENT 8

CITY OF HUNTINGTON BEACH

2000 MAIN STREET CALIFORNIA 92648 FIRE DEPARTMENT FIRE PREVENTION DIVISION

HSCEIVEB

To: Mary Beth Broeren, Principal Planner, crp n ^ onno

From: Charles W. Burney, Fire Marshall/Division Chief Date: September 4, 2002

SUBJECT: PARKSIDE ESTATES DEVELOPMENT, FIRE STATION AND RESPONSE TIME ISSUES

This memo is to address the questions and concerns expressed at the August 27, 2002, Planning Commission Study Session regarding the need for a fire station in the Parkside Estates Project and the overall response deficiencies identified in the General Plan for the areas near this development.

A 1992 consultant's report that identified the need for a fire station in this area of the city and recommended the relocation of Station 8 was based on the development of 4800 homes in the Koll Bolsa Chica Project including a Cross Connector Road. The fire station's primary location as recommended in the report was at the south end of Springdale. This report further identifies the need for two fire stations if (the Cross Connector Road is not developed, one at the Kenilworth & Graham location and a second at Garfield and Edwards. When development of the Bolsa Chica was limited to the mesa, coverage for the low land area was incorporated into the planning and selection of a site for Station 6. The location of Station 6 was specifically chosen near Edwards and Ellis to provide the necessary coverage to the low land area adjacent to the Bolsa Chica. Based on the number of homes and anticipates service demand of the Parkside Estates Project, it does not justify the construction of a new fire station. A change in the General Plan to remove the reference to a fire station is necessary now that Station 6 is operational.

The General Plan also needs to be amended to reflect the current capabilities of Station 6 to provide coverage for the low land area identified as response time deficient. Tests conducted by the Fire Department demonstrate that Station 6 has a consistent response time of 4 minute 30 seconds to the intersection of Slater and Graham. This intersection is at the northerly boundary of the deficient area and the Fire Department is confident that Station 6 is capable of meeting the 5 minute emergency response time required to mitigate the deficiency.

Cc: Michael P. Dolder, Fire Chief

ATTACHMENT 9

ATTACHMENT 10

SHEA HOMES ANNEXATION AREA FISCAL IMPACT ANALYSIS

Prepared For:

City of Huntington Beach June.1999

Prepared By:

MNA Consulting Rosenow Spevacek Group

Table of Contents FISCAL STUDY APPROACH AND ASSUMPTIONS...........................................................................!

A. STUDY PURPOSE.................................................................................................................!

B. STUDY APPROACH.............................................................................................................!

C. STUDY ASSUMPTIONS ......................................................................................................2

FISCAL STUDY..........................................................................................................................................5

L EXPENDITURES............................................................................................................................5

1. General Government..............................................................................................................5

a. Administration........................................................................................................5

b. Animal Control.......................................................................................................5

c. County Property Tax Collection Charges ..............................................................5

2. Community Development......................................................................................................6

3. Public Safety...........................................................................................................................6

a. Police Department..................................................................................................6

b. Fire Protection and Ambulance Services ...............................................................6

4. Library Services ...................................................................................................................6

5. Community Services ..............................................................................................................6

6. Public Works..........................................................................................................................7

a. Sewer Maintenance Services..................................................................................?

b. Street Lights...........................................................................................................7

c. Park and Landscape Maintenance Services............................................................?

7. Contingency ............................................................................................................................7

8. Road Maintenance .................................................................................................................7

a. Street Maintenance.................................................................................................7

n. REVENUES......................................................................................................................................8

1. Taxes........................................................................................................................................8

a. Property Taxes........................................................................................................ 8

b. Property Transfer Taxes .........................................................................................8

c. Homeowners Property Tax Relief..........................................................................9

d. Utility User Tax......................................................................................................9

e. Sales Tax................................................................................................................9

f. Transient Occupancy Taxes ...................................................................................9

2. State Subventions (Motor Vehicle Fees)...............................................................................9

3. Franchise Fees ......................................................................................................................10

4. Development Related Fees...................................................................................................l0

a. Library Community Enrichment and Development Fees.....................................10

b. Land Use Planning, Regulation and Inspection Fees........................................... 10

c. Development Impact Fees.................................................................................... 10

5. Other Revenues....................................................................................................................11

a. Paramedic and Ambulance Transport Fees.......................................................... 11

b. Fines and Forfeitures............................................................................................! 1

c. Miscellaneous Revenues...................................................................................... 11

6. Interest..................................................................................................................................11

7. Road Fund.............................................................................................................................ll

III. SUMMARY OF FINDINGS.........................................................................................................12

EXHIBITS 1 AND 1A Forecasted Assessed Values - Property Transfer Tax EXHIBITS 2 AND 2A Four Year Revenue & Expenditure Summary EXHIBIT 3 Map - Annexation Area

FISCAL STUDY APPROACH AND ASSUMPTIONS

FISCAL STUDY APPROACH AND ASSUMPTIONS

A. STUDY PURPOSE

The primary purpose of this study is to analyze the incremental impact of annexation and development of 5.17 acres of property, owned by Shea Homes Limited Partnership, into the City of Huntington Beach. The property is Tentative Tract No. 15419 of the master-planned development known as Shea Homes Parkside Estates ("Parkside Estates"). The majority of Parkside Estates (43.23 acres) is already located within the jurisdictional boundaries of the City. A General Plan Amendment for the overall development, and an associated Development Agreement, which included the proposed annexation area, were adopted by the Huntington Beach City Council.

Development of the Parkside Estates master-planned community will begin and be completed in 2000. Annexation of this 5.17 acres will provide for extension of City services and enable completion of the project under the jurisdiction of the City.

B. STUDY APPROACH

This report focuses on what additional City service costs and revenues would occur if the project were annexed into and developed in the City of Huntington Beach. This report analyzes the forecasted "marginal" (or "incremental") cost of City services that would be added as a result of annexation, and reviews what "marginal" (or "incremental") revenues could reasonably be expected to be available to fund those services.

The study assumes that Shea homes will develop one of two proposed scenarios. One scenario consists of 27 units and the other scenario consists of 9 units. The study centers on a compilation of the forecasted incremental revenues and expenditures of annexation over a four-year period. It should be understood that there may be differences between the forecasts and actual results because events and circumstances frequently do not occur as expected, and those differences may be material.

It is also important to note that this fiscal study primarily focuses on recurring revenues and expenditures. The study also discusses selected development impact fees which may accrue to the City if the area is annexed and developed, however one-time land use processing, inspection fees or charges that would be collected from new development which are used to offset direct costs to the City are assumed to be fiscally neutral.

Rosenow Spevacek Group, Inc. Shea Homes Fiscal Impact Analysis

June, 1999 City of Huntington Beach

1 himtbch\shea homes\fiarpt

C. STUDY ASSUMPTIONS

The Parkside Estates annexation area is in an unincorporated, uninhabited area bordered on the southwest by Bolsa Chica, on the northeast by the City of Huntington Beach and the Wintersburg Channel to the south.

The proposed homes within the subject development will have an average size of approximately 3,175 square feet and an average sales price of approximately $546,574 for the 27-unit scenario and approximately 3,175 square feet and an average sales price of approximately $565,000 for the 9-unit scenario.

The project is assumed to have a one-year buildout period. Population associated with this area is estimated using a ratio of 2.9 for Plan 1, 3.2 for Plan 2, and 3.3 for Plan 3 persons per dwelling unit. This would equate to a population of 86 for the 27-unit scenario and 29 for the 9-unit scenario.

The current secured assessed valuation of the area is $1,290,300. Estimated secured assessed valuation for this development is estimated to increase to an estimated secured and unsecured assessed valuation of approximately $14.76 million for the 27-unit scenario or $5.09 million for the 9-unit scenario by project buildout. (See Exhibits 1 and 1A)

The major public agencies currently providing services in the annexation area are the County of Orange and the Orange County Fire Authority. The County of Orange is currently responsible for policymaking and administration, law enforcement, animal control, planning and land use regulation, building inspection, parks and recreation, library services, flood control, and the maintenance and improvement of roads. The Orange County Fire Authority currently is responsible for providing fire protection, rescue and emergency paramedics services to all properties within the annexation area.

Rosenow Spevacek Group, Inc. Shea Homes Fiscal Impact Analysis

June, 1999 City of Huntington Beach

2 huntbch\shea homes\fiaipt

EXHIBIT 1 27-UNIT SCENARIO

Forecasted Assessed Values - Property Tax Transfer Shea Homes Fiscal Impact Analysis

(Full Year 1) (Full Year 2) (Full Year 3) (Full Year 4)

2001-02 2002-03 2003-04 2004-05

2% Growth Rate

Secured Assessed Value

1,290,300

1,316,106

1,342,428

1,369,277

Increase from New Development

13,467,200

13,736,544

14,011,275

14,291,500

Unsecured Value

TOTAL ASSESSED VALUE

14,757,500

15,052,650

15,353,703

15,660,777

GENERAL PROPERTY TAX LEVY

147,575

150,527

153,537

156,608

CURRENT PROPERTY TAX DISTRIBUTION

100% County of Orange @ 0.06273

9,257

9,443

9,631

9,824

0% City of Huntington Beach @ 0

100% Library District @ 0.01695

2,502

2,552

2,603

2,655

100% Fire Authority @ .11430

16,868

17,205

17,550

17,901

POTENTIAL PROPERTY TAX DISTRIBUTION

44% County of Orange @ 0.02760

4,073

4,155

4,238

4,323

56% City of Huntington Beach @ 0.03512

5,184

5,288

5,394

5,501

70.5% Library District (City ) @ 0.01195

1,764

1,799

1,835

1,872

100% Fire Authority ( City) @ 0.11430

16,868

17,205

17,550

17,901

100% HB City Employment Retirmt @ .04930

7,275

7,421

7,569

7,721

Potential City Tax Rate = 0.2107

Property Tax Revenue Calculation:

Proposed New SFR Units

Huntington Beach (56% of Current Tax Distrib.)

5,184

5,288

5,394

5,501

Library District-(Gen Levy x 0.01695 x 70.5%)

1,764

1,799

1,835

1,872

Fire Authority-(Gen Levy x 0.11430)

16,868

17,205

17,550

17,901

HB City Employment Retirmt (Override) @ .04930

7,275

7,421

7,569

7,721

Property Tax Total:

31,092

31,714

32,348

32,995

PROPERTY TRANSFER TAXES

Sale Value

Value Transferred @ 2 Sales Per Yr.

14,757,500

1,093,148

601

Revenue to City @$0.55/$1,000 8,117 Source: Orange County Auditor Controller Reports, 1998-99

Rosenow Spevacek Group, Inc. June, 1999

Shea Homes Fiscal Impact Analysis City of Huntington Beach

huntbch\shea homei\fiarpt

EXHIBIT 1A 9-UNIT SCENARIO

Forecasted Assessed Values - Property Tax Transfer Shea Homes Fiscal Impact Analysis

(Full Year 1) (Full Year 2) (Full Year 3) (Full Year 4)

2001-02 2002-03 2003-04 2004-05

2% Growth Rate

Secured Assessed Value

1,290,300

1,316,106

1,342,428

1,369,277

Increase from New Development

3,794,700

3,870,594

3,948,006

4,026,966

Unsecured Value

TOTAL ASSESSED VALUE

5,085,000

5,186,700

5,290,434

5,396,243

GENERAL PROPERTY TAX LEVY

50,850

51,867

52,904

53,962

CURRENT PROPERTY TAX DISTRIBUTION

100% County of Orange @ 0.06273

3,190

3,254

3,319

3,385

0% City of Huntington Beach @ 0

100% Library District® 0.01695

862

879

897

915

100% Fire Authority @ . 11430

5,812

5,928

6,047

6,168

POTENTIAL PROPERTY TAX DISTRIBUTION

44% County of Orange @ 0.02760

1,404

1,432

1,460

1,489

56% City of Huntington Beach @ 0.03512

1,786

1,822

1,858

1,896

70.5% Library District ( City ) @ 0.01195

608

620

632

645

100% Fire Authority ( City) @ 0.11430

5,812

5,928

6,047

6,168

100% HB City Employment Retirmt @ .04930

2,507

2,557

2,608

2,660

Potential City Tax Rate = 0.2107

Property Tax Revenue Calculation:

Proposed New SFR Units

Huntingdon Beach (56% of Current Tax Distrib.)

1,786

1,822

1,858

1,896

Library District-(Gen Levy x 0.01695 x 70.5%)

608

620

632

645

Fire Authority-(Gen Levy x 0.11430)

5,812

5,928

6,047

6,168

HB City Employment Retirmt (Override) @ .04930

2,507

2,557

2,608

2,660

Property Tax Total:

10,713

10.928

11,146

11,369

PROPERTY TRANSFER TAXES

Sale Value

Value Transferred @ 1 Sale Per Yr.

5,085,000

565,000

Revenue to City @$0.55/$1,000 2,797 Source: Orange County Auditor Controller Reports, 1998-99

Rosenow Spevacek Group, Inc. June, 1999

Shea Homes Fiscal Impact Analysis City of Huntington Beach

huntbch\shea homes\fiarpt

FISCAL STUDY

FISCAL STUDY

ANALYSIS OF INCREMENTAL FISCAL IMPACTS

As was noted in the Fiscal Study Approach and Assumptions summary, the purpose of this study is to determine the potential incremental costs that the City would incur if the area were to receive municipal services through annexation into and development in the City of Huntington Beach. These costs are then compared to new revenues that can be anticipated to become available to the City as the result of annexation and development. The following, therefore, discusses the forecasted incremental expenditures to be made by the City of Huntington Beach if annexation were to occur prior to development of either scenario, and projects the new revenues that could be expected to be received by the City as the result of annexation.

I. EXPENDITURES

The following provides an analysis of the potential cost impacts of annexation to specific City functions and programs, including costs for staffing, operating services and supplies, equipment and other miscellaneous expenditures. Expenditures have been categorized by departments within the City's organizational structure and are estimated as follows.

1. General Government:

a. Administration

The analysis assumed no new positions, equipment or major operating costs would be incurred as a result of the annexation. Minimal expenditures including legal costs, advertising, postage, and other selected services and supplies were estimated. Costs associated with bi-annual elections are included. Costs were estimated based on a case by case analysis or a per capita rate using City budget data.

b. Animal Control

Animal Control Field and Shelter Services are provided by the County through a contract with the City. The City compensates the County for these services, net of any licensing and animal control-related revenues collected by the County. The cost for Animal Control Services within this report is an estimate based upon a per-capita formula, net of related revenues.

c. County Property Tax Collection Charges

Beginning in 1992-93, the County Auditor-Controller's Office charged cities and local districts receiving property tax revenue for incidental administrative costs. These charges are estimated at 2% of all property tax revenues.

Rosenow Spevacek Group, Inc. June, 1999

Shea Homes Fiscal Impact Analysis City of Huntington Beach

huntbch\she« homes\fiarpt

2. Community Development:

Upon the annexation of the subject area, the City's Community Development Department will assume the processing of all land use related services. Almost all services will be off-set by fees.

3. Public Safety:

a. Police Department

If annexed, the City's Police Department will provide all law enforcement related services to the Parkside Estates area. The Police Department estimates that existing resources (patrol and traffic) can absorb any service impacts emanating from this development.

In preparing cost estimates, the Police Department notes that the City currently staffs at an average ratio of 1.2 officers per thousand. Translated literally a development with a buildout population consistent with either scenario would not require any additional officers. The Department also considers socio-economic and development density factors. By comparing "like developments", the Department has determined that fewer than average calls can be anticipated from this type of development.

b. Fire Protection and Ambulance Services

If annexed, the obligation to provide fire protection and ambulance services to the annexation area will be assumed by the City. The Fire Department estimates that existing resources can absorb any service impacts emanating from this development. The cost of ambulance service personnel, operating services and supplies, and equipment will be partially offset by Paramedic and Ambulance Transport Fees. Total ambulance cost estimates are based on buildout population.

4. Library Services:

The additional population generated by the proposed development within the annexation area will create minimal increases in the use of library facilities throughout the City. The Library Services Department has estimated minimal operating services and supplies expenses required at existing City library facilities.

5. Community Services:

Within the annexation area, there is no anticipated financial impact relative to existing landscape maintenance services. All open space areas and landscaping are proposed to be maintained by a proposed homeowners association.

It is unlikely that the residents of this area will create other than minimal impacts on existing sports facilities in other areas of the City.

Rosenow Spevacek Group, Inc. Shea Homes Fiscal Impact Analysis

June, 1999 City of Huntington Beach

0 huntbchNshu homes\fiarpt

While the majority of homeowners will not be senior citizens, it is assumed that some seniors often live with their offspring. Based on similar residential areas, a number of seniors would require Senior Outreach services, including meal delivery, transportation, counseling, and other adult day care services. A minimal annual cost is forecasted.

There will also be some impacts on existing youth recreation programs, including swim lessons, day care, summer camp, etc. These classes currently have waiting lists. The additional youth generated from the development project could increase the length of this waiting list.

6. Public Works:

a. Sewer Maintenance Services

The addition of residential units to the City from this annexation area will require the maintenance of the applicable local sewer system services, including sewer line cleaning, catch basin and lift station maintenance and repair. Maintenance costs forecasted were based on the number of units constructed and assuming 220 gallons per unit per day of sewer flow.

b. Street Lights

This project will include street lights requiring annual maintenance. c. Park and Landscape Maintenance Services

As discussed earlier, all parkway and landscape slope maintenance will be the financial responsibility of a homeowners association. Thus, no landscape maintenance costs have been included as forecasted expenditures in Exhibit 2 and 2A.

7. Contingency:

A 10% contingency factor has been added to the General Fund expenditure estimate to meet unforeseen programs or emergency needs.

8. Road Maintenance:

a. Street Maintenance

The annexation portion of Parkside Estates has an estimated 0.22 lane miles of major streets, and 0.11 miles of curb in the 27-unit scenario and .11 lane miles of major streets, and .06 miles of curb in the 9-unit scenario. If annexation occurs, the City of Huntington Beach will be responsible for street maintenance and street sweeping.

Rosenow Spevacek Group, Inc. June, 1999

Shea Homes Fiscal Impact Analysis City of Huntington Beach

huntbch\shu homes\fnrpt

II. REVENUES

The following revenue section analyzes new, recurring revenues from various state and local sources that will be received by the City as the result of annexation. One-time only, development related fees are discussed as potential revenue sources but, except for contribution for library facilities, these one-time fees are not incorporated into the cost/benefit calculations.

The primary source of General Fund revenues are noted below and shown on Exhibit 2 and 2A:

1. Taxes:

a. Property Taxes

The County of Orange currently receives an approximate 6.27% "share" of the total property tax paid on properties located in the unincorporated areas. If the subject area were to be annexed into the City of Huntington Beach, this 6.27% share would be divided between the City and the County. For the purpose of this analysis, this report assumes that the property tax ratio contained in the Master Property Tax Agreement between the City and the County, and set forth in a City Council resolution adopted on October 28, 1980, will apply. The division of property tax proscribed by the agreement, which is based on historical tax ratios prior to the passage of Proposition 13, is 56% City/44% County. If this assumption is used, upon annexation the City would receive 56% of the total current County General Fund property tax revenue (3.51%), and the County would retain the remaining 44% of their current General Fund property tax revenue share (2.76%).

In addition to the split of the County's approximate 6% base property tax, the City would receive the tax override of 4.93% for the City's Employee Retirement System;

an estimated 70.5% of the total current County Library District property tax revenues (1.20%); and 100% of the total current Orange County Fire Authority property tax revenues (11.43%).

Cumulatively, the City would receive a combined approximate tax rate of 21.1 %. b. Property Transfer Taxes

Property transfer taxes are generated at the time a new property is sold or an existing property is resold. A property transfer tax of $1.10 per $1,000 (0.110%) of transferred value is levied on the sale of real property and is divided between the County of Orange and the City. The amount of property transfer tax received will depend upon the sale of land and the level of resale activity within the annexation area. These revenues have been estimated using the assumption of two home sales per year for the 27-unit scenario or one home sale per year for the 9-unit scenario at the rate of $.55 per $1,000 of assessed values.

Rosenow Spevacek Group, Inc. June, 1999

Shea Homes Fiscal Impact Analysis City of Huntington Beach

huntbch\shea homcs\fnrpt

c. Homeowners Property Tax Relief

Revenue estimates generated from the Homeowner's Property Tax Relief were not specifically projected because this analysis bases the Property Tax Apportionment on assessed valuation gross of the Homeowners Exemption. Therefore, revenue from the Homeowner's Property Tax Relief is included in the Property Tax Apportionment.

d. Utility User Tax

A utility tax was estimated by projecting monthly utility uses (cable TV, gas, electrical, and phone) and the projected population growth and then applying the City's 5% tax rate to all service billings. Water services revenues were not included in this analysis.

e. Sales Tax

Upon annexation, the City will be eligible to receive a percentage of the sales tax charged on qualifying retail sales from businesses within the annexation area. However, no direct sales tax revenues are projected to be generated in the annexation area. Indirect sales tax will be contributed to the City by the increase in population, creating additional purchasing potential of new local residents, regardless of annexation. However, the Study did not include any estimates of these indirect revenues.

f. Transient Occupancy Taxes

There are currently no planned hotels, motels or any facilities that provide short-term or overnight lodging in the annexation area. Therefore, no estimation of Transient Occupancy Tax revenue has been included.

2. State Subventions (Motor Vehicle Fees):

Upon annexation, the City will be eligible to receive Motor Vehicle In-Lieu taxes. These taxes are collected by the State's Department of Motor Vehicles and allocated to cities on a per capita basis based on a set rate determined annually. Off-road Vehicle taxes are also allocated to cities by the State on a per capita basis. Both subventions are based on the estimated population for the project area during each development phase.

The per capita figures used in the revenue summary have been provided by the State Controller's office for the 1998-99 fiscal year.

Rosenow Spevacek Group, Inc. June, 1999

Shea Homes Fiscal Impact Analysis City of Huntington Beach

huntbch\shca homotfitrpt

3. Franchise Fees;

Upon annexation, the City will receive the franchise fees currently paid to the County by the cable television operator, various Southern California utilities and the refuse collection operator. These fees have been estimated on a per capita basis using budget figures from the City.

4. Development Related Fees:

The fees described below are not included unless as noted below in the cost/benefit calculations because these fees offset costs of development related processing services, capital facilities and infrastructure impacts. Only the "net" cost of the related services are indicated under "Expenditures".

a. Library Community Enrichment and Development Fees

The City has instituted and currently assesses two separate library-related development fees. A fee of $0.15 per square foot is assessed on all new development under the Community Enrichment Library Fee. An additional $0.25 per square foot is charged as a Library Development Fee. Anticipated revenues to be collected from the combined library fees are reflected in Exhibits 2 and 2A.

b. Land Use Planning, Regulation and Inspection Fees

The City is authorized to charge fees for all land use planning, regulation and inspection services. The City would utilize their existing fee schedule. Fees offset most of the City's cost in providing these services and are collected for building and permit inspection services, plan checking, public works inspection, grading permit issuance and review and other engineering related services.

c. Development Impact Fees

Under the provisions of State law, the City may collect development fees for the purpose of construction or improving capital facilities. Fees received must demonstrate a nexus between the new development and the impact on affected capital facilities and infrastructure. These fees must also be segregated from the General Fund in order to avoid commingling. Certain fees must be spent or committed within five years from the time they are collected.

The City currently imposes traffic mitigation, library, park and recreation, water and sewer impact fees. These fees are determined based on the number of dwelling units and/or trip ends. The City may also collect additional impact fees through individual developer agreements. Development impact fees are one-time only revenues and must not exceed the cost of required capital facilities. For purposes of this report, no impact fees have been forecasted.

Rosenow Spevacek Group, Inc. June, 1999

Shea Homes Fiscal Impact Analysis City of Huntington Beach

huntbch\shea homesViarpt

The annexation area is part of a Development Agreement and is therefore subject to developer obligations and fee payments as set forth per the terms of the Development Agreement.

5. Other Revenues:

a. Paramedic and Ambulance Transport Fees

Upon annexation, it is assumed that the City will impose a paramedic and ambulance transport fee. These were forecasted based on an average transport fee of $361 and a paramedic fee of $185. These fees were applied to estimated patient transports and the number of transports accompanied by paramedic personnel.

b. Fines and Forfeitures

This represents both Motor Vehicle Code fines. Municipal Code fines, and other miscellaneous fines and forfeitures. Motor Vehicle and Municipal Code fines were estimated on a per capita basis using current budget data from the City.

c. Miscellaneous Revenues

Miscellaneous revenues include map sales, microfilm sales, code/certificate compliance, special investigation fees, nuisance abatement and other revenues. This revenue has been estimated on a per-capita basis using the City's fiscal year 1997-98 budget.

6. Interest:

Interest earnings are based on the investment of excess cash.

7. Road Fund:

All Road Fund subventions are calculated and allocated to the cities on a per capita basis, with the exception of Section 2107.5. The State Subvention Section 2107.5 is allocated to the cities based upon total population size. It is estimated that annexation and development of the subject area would add approximately 86 persons from the 27-unit scenario or 29 persons from the 9-unit scenario to the existing population of the City. According to State data, this added population will not place the City's population status into the next revenue threshold. As such, no revenue is reflected relative to Section 2107.5. Similar to other state subventions, road fund revenues initially would be based at the estimated population during each development phase. Other Road Fund revenues include the voter-approved Measure "M" sales tax distributed by the Orange County Transportation Authority.

Revenues attributed to these gasoline taxes are restricted for use on road related maintenance expenditures.

Rosenow Spevacek Group, Inc. June, 1999

Shea Homes Fiscal Impact Analysis City of Huntlngton Beach

huntbch\shea homesViarpt

HI. SUMMARY OF FINDINGS: ANNEXATION PRIOR TO DEVELOPMENT

The forecasted expenditures and revenues for this study have been calculated using conservative methodologies and modest escalation factors. Based upon this fiscal analysis of annexation of the subject area, forecasted City revenues for the first fiscal year exceed the estimated total expenditures. The projections indicate a cumulative surplus by Year 4 of $216,678 for the 27-unit scenario and $72,631 for the 9-unit scenario.

The total forecasted revenues exceed the estimated expenditures for Fiscal Year 1 for a surplus of $86,087 for the 27-unit scenario and $28,787 for the 9-unit scenario. In Fiscal Years 2 through 4, the total forecasted revenues will exceed the forecasted expenditures for the 27-unit scenario and the 9-unit scenario by a range of $42,798 to $44,268 and $14,374 to $14,856, respectively.

The forecasted Road Fund revenues exceed estimated Road Fund expenditures in each fiscal year for the 27-unit scenario and the 9-unit scenario. It is important to note that the use of these funds is restricted to road-related expenditures. In Fiscal Years 1 through 4, the total forecasted road fund revenues exceed related expenditures by $1,434 in the first year, with a cumulative surplus of $5,631 for the 27-unit scenario and 380 in the first year, with a cumulative surplus of 1,467 for the 9-unit scenario. (See Exhibits 2 and 2A)

Rosenow Spevacek Group, Inc. Shea Homes Fiscal Impact Analysis

June, 1999 City of Huntington Beach

1 2. huntbch\shea homes\fiarpt

EXHIBIT 2

27-UNIT SCENARIO

Four Year Revenue & Expend! Shea Homes Fiscal Impact Analy

GENERAL FUND REVENUES

TAXES Property Tax Property Transfer Tax Utility User Tax Sales Tax Transient Occupancy Tax Subtotal

MOTOR VEHICLE FEES Motor Vehicle In-Lieu Off-Highway License Subtotal

FRANCHISE FEES Gas, Electric, Trash, and Cable TV Subtotal

OTHER REVENUES Paramedic and Ambulance Transport Fees Fines & Forfeitures Oil Extraction Tax Capital Contribution Fee (Fire) Capital Contribution Fee (Library) Miscellaneous Revenues

ture Summary sis

Year1 (Buildout) (F

31,092 8,117 351 0 0 39,559

3,500 1 3,501

825 825

5,442 1,079 0 0 34,290 309

Year 2 ^;; ull Year) \

31,714; 60 li, 362?

o| op

32,6761.

3,5001; li; 3,501}

849?

849^

5,6051 1,079(|

o|| oe

ofl

309''

::iYear2:-: ^Change ; (F

S^-lis;^

a,|||3%j

Sslg^oi 'iss'^o^

M||iSpK| ^:^;;..A'^\3%ⁱ

•^WK'SK

.^"^;'^;^

• ^;;^;;4';;•;?;J;;^:•;!^n Wwaiwi

y^:•^:"^o%

Year 3 i?:: ull Year) te<

"^i

32,348^ 601^!?5: 3721:^: 01?^ OJ'S 33,321^:

1 3,500 |i;-;

1 ^K:. 3,501®";

S-r.-^.

875 'f:¹875 |p

5,773 ^ 1,079 }(|

oS'i

olai³

309%

Year S,:,:! Cliang^l (F ^B%l^^^i

illSIIISiiil

ilijy^^j

isls'o^

^•rs'^o^

„.,. Z^

. ., 0'>i>l " ; 0%;

•^^0%!

^i^fl^^ii »iaji|g;i>;|;g

:.,.':.'.•3%1 •'^"S⁰^

Year 4 ;" ull Year) i;

32,995;

601s::.

384^;'

ol^ o|

33,980 E;

r" fcl^:-

3,5001::: 3,50 li

90];: 901 i]

5,9471;: 1,0791'

Oi:

ofel

309^

.Yeat^^J Changeig

•^:;::^!..:^:•';;2%1

^-;.^::'^OQ?1

•'^•;';•!•^:'31l

.:::^•^r:^:i.;•:;:^!;^:'a

%^s;a

Slli²!

^'^yswS, :';;^:;;:;.^!•^;;:;o%

: ,"^0%|

^'^jll

"'[''S'S.lil

.''.y^'^i

•w^3'ys

::•-^:;'^:".•:•''31|

^^.^•-'o⁰!

.- „-," •• :-^^ •:;..::,;:,.:L;.;;;'3

'"•^SSW

Subtotal

41,120

6,993,'

'i,..:,,,-83%,

7,161;'^

7,335?;::

^:-^!.2.42°'8

•;: ^ .^•,:;;:.^••.^:^

Interest Earnings

4,219

2,0601

2,098 Ell

Jai isi

2,136|

^tSizff

;;

ifSSsSSikSS

i^-'.

SF'S;

•„;:?•,,•-':..:g

TOTAL GENERAL FUND

85,005

44,0201

fej|a,-48%]

44,8591ft',

„;,:,;,< :2%

45,717;.

•;;.;.:• -2%

'ggiH

[;'

.j}:'::;,.;...!^

ROAD FUNDS

1»;

:^5;s::l|

Section 2105

526

526 (

^SeiaosI

526 re

iS?;Xfaft0^i[j

526 E:'

.; :. :o%S':

Section 2106

357

357;

^y-Ssw^

357 j?S

iSg'a^

357:

:':•?.' !•:.,- 0'^

Section 2107

741

741;;

A8!S''o%!

74 ill

isyss

741*

•:;S'fe'o%

Section 2107.5

0^s:

^M^:?';';^;;^:;^J:^;:^

®'!'!bssi|

ot:'

:;:•,;. ,?fl'i".-'5'::.,5;

Measure "M" Local Turnback

384

384 .

-'•'.^OW

3841®;'

'W^vik

384)

:^;". ','•6%

;

•. '• :;^:•••,^•••::⁾,;":^:

•;L,;".;•,¹;,V•£:1

Interest Earnipes

741

ISsilaSsi

⁷³ K

:.^!l!:^?,^:.:-l^

⁷² i

IfiS-il^

iss'iiB^lllli!!

SSli

::.::,,':;?;;. .a;.s|

•'^iSsilSSIs

TOTAL ROAD FUNDS

2,008

2,008;;

2,008 !(-

2,0081'

^kb^