STATEMENT OF ISSUE:

• Tentative Tract Map No. 15377 (City) request:

- Subdivide approximately 45 acres into 162 single family residential lots and several lettered lots for open space areas.

- Dedicate 8.2 acres of land for public park purposes consisting of 4.1 ± acres of bluff and down slopes, and a 4.1± acre flat area at the base of the bluff.

- Lettered lots include 2.9j: acres of HOA common areas, paseo park, and passive areas.

• Tentative Tract Map No. 15419 (County) request:

- Subdivide approximately 4.9 acres into nine single family residential lots (1.6± acres) and lettered lots for open space areas.

- Lettered lots include a 3.3j: acre HOA passive open space area.

• Conditional Use Permit No. 96-90 request:

- Development of 171 single family residential units with site plans, floor plans, and elevations.

- Planned Unit Development (PUD) for dual-product lot sizes to include 50' frontages and min. 5,000 sq. ft. lot sizes (average 5,700 sq. ft.); and 60' frontages with min. 6,000 sq. ft. lot sizes (avg. >7,000 sq. ft.); and six flag lots with 24' frontages. Those lots that are less than the code requirement of 60' in width and 6,000 sq. ft in size maybe permitted as part of a PUD.

- Improve an 8.2 acre park (4.1 acres passive area and 4.1 acres active recreational area).

- Retaining walls greater than two ft. in height and up to 3.5 ft. in height along the westerly property line adjacent to property within the County of Orange and adjacent to the channel.

- Development on a site with a grade differential of greater than three (3) feet.

6'Zc

• Coastal Development Permit No. 96-18 request:

- Development of 171 two-story, detached, single family residential units and associated infrastructure improvements.

- Development of an 8.2 acre park

• Associated requests for General Plan Amendment No. 98-1, Local Program Amendment No. 96-4, Zoning Amendment Nos. 96-5A & 5B, and Annexation No. 98-1 are discussed in a separate report.

• Staffs Recommendation: Approve Tentative Tract Map Nos. 15377 and 15419, Conditional Use Permit No. 96-90, and Coastal Development Permit No. 96-18 with modifications, CEQA Findings of Fact and a Mitigation Monitoring Program based on the following:

- The site has been zoned and general planned as low density residential for 31 years.

- The project is consistent with the General Plan Land Use Element designation ofRL-7 (Low Density Residential) and proposed designation ofRL-7 on the subject property.

- The project is consistent with the Local Coastal Program/Coastal Element as it does not impact public access or recreational opportunities in the Coastal Zone.

- There are several public improvements to be constructed as a result of this project including a traffic signal, storm drainage improvements and flood control protection to ensure that the development is adequately served with infrastructure.

- Grading, including the import of fill on the property, is consistent with FEMA requirements.

- Drainage improvements, when completed and certified by FEMA, will permit FEMA to upgrade the flood insurance map. The new flood insurance map will result in approximately 1430 acres consisting of 7,000 housing units being removed from the mandatory flood insurance zone.

- Sheet piling will be installed along the developed portion of Parkside Estates at the northerly edge of the Wintersburg Flood Control Channel to increase channel capacity and provide flood protection for the area.

- 28% of the project area (14.4 acres) will be in open space: an 8.2 acre dedicated public park (5.9 acres dedicated above code requirement) and 6.2 acres of common open space area.

- The project along with the 10% affordable housing requirement helps the City meet housing goals. Project is well-designed in terms of street layout and architecture.

- The project is designed to be compatible with adjacent low density residential uses in terms of density and building layout, and open space uses.

• Staffs Suggested Modifications:

Tentative Tract Map No. 15377 and 15419, Conditional Use Permit No. 96-90, and Coastal Development Permit No. 96-18:

- Delete Lot No. 4 of Tentative Tract Map No. 15419 to create a minimum 100' buffer between potential jurisdictional wetlands and the single family homes.

- Dedicate for public pedestrian easement purposes two trails linking the flood control channel with "L" street and with "C" street in accord with the trails exhibit.

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

- Provide 25% of minimum 60' wide lots with side entry and/or garages located to rear of lot.

- The public sidewalk in the paseo park area shall be meandering.

- Delete on plans reference to a new wall along the north property line (the existing wall may remain since the grade differential will remain the same).

- Public art shall be required.

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RECOMMENDATION:

Motion to:

A. "Approve Tentative Tract Map No. 15377 and 15419, Conditional Use Permit No. 96-90, and Coastal Development Permit No. 96-18 with findings and suggested conditions of approval (Attachment No. 1)."

B. "Approve CEQA Statement of Findings and Fact (Attachment No. 21) and approve the Mitigation Monitoring Program (Attachment No. 22)."

ALTERNATIVE ACTION(S):

The Planning Commission may take alternative actions such as:

A. "Approve Tentative Tract Map No. 15377 (City), Conditional Use Permit No. 96-90, and Coastal Development Permit No. 96-18 with Findings for Approval; and deny Tentative Tract Map No. 15419 (County) with Findings for Denial."

B. "Deny Tentative Tract Map No. 15377 and 15419, Conditional Use Permit No. 96-90, and Coastal Development Permit No. 96-18 with Findings for Denial."

C. "Continue Tentative Tract Map No. 15377 and 15419, Conditional Use Permit No. 96-90, and Coastal Development Permit No. 96-18 and direct staff accordingly."

PROJECT PROPOSAL:

Tentative Tract Map No. 15377 (City) represents a request to subdivide approximately 45 acres into 162 single family residential lots and several lettered lots for open space and landscaped areas (Attachment No. 2) pursuant to Chapters 250 to 258 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The map also includes dedication of an 8.2 acre public park consisting of 4.1 j: acres of bluff and down slopes, and a 4.1± acre flat area at the base of the bluff. The lettered lots include 2.9± acres of HOA common areas, paseo park, and passive areas.

Tentative Tract Map No. 15419 (County) represents a to request subdivide approximately 4.9 acres into nine single family residential lots (1.6j: acres) and lettered lots for open space areas (Attachment No. 4) pursuant to Chapters 250 to 258 of the HBZSO. Lettered lots include a 3.3± acre HOA passive open space area containing the EPA delineated pocket wetland, the patchy pickle weed, potential jurisdictional wetlands, and a buffer to the residential uses.

The proposed subdivision consists of lots ranging from 6,000 to 10,447 square feet in size for the 60-foot wide parcels; and 5,058 to 8,807 square feet in size for the 50-wide parcels (Attachment No. 20). The average lot size for the entire 171-lot project is 6,409 square feet. The density is 4.4 units per acre excluding the 8.2 acre public park dedication. Primary access to the proposed development will be provided from Graham Street. A second access for emergency access only is proposed to Greenleaf at the northwest comer of the residential portion of the site. All streets will be public and there will be no vehicular access gates. Parking on both sides of the street is available throughout the subdivision.

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Conditional Use Permit No. 96-90 represents a request for the following:

A. To develop 171 two-story, detached single family residential units with site plans, floor plans, and elevations pursuant to Chapter 210 of the HBZSO. The request also includes a Planned Unit Development (PUD) for dual-product lot sizes to include 94 lots with minimum 50' frontages and minimum 5,000 sq. ft. lot sizes (average 5,700 sq. ft.); and 77 lots with minimum 60' frontages and minimum 6,000 sq. ft. lot sizes (avg. >7,000 sq. ft.); and seven flag lots with a minimum frontage of 24'. Those lots that are less than the code requirement of 60' in width and 6,000 sq. ft in size may be permitted as part of a PUD pursuant to Section 210.06, Property Development Standards of the HBZSO.

B. To improve an 8.2 acre park consisting of 4.1 acres of passive area and 4.1 acres of active recreational area (Attachment No. 16). Project includes $250,000 worth of park improvements by the applicant.

C. To allow retaining walls greater than two ft. in height and up to 3.5 ft. in height along the westerly property line adjacent to property within the County of Orange and along the flood control channel pursuant to Chapter 230.88 of the HBZSO (Attachment No. 9).

D. To permit development on a site with a grade differential of greater than three (3) feet from the low to the high point pursuant to Chapter 230.70 of the HBZSO. The site is relatively flat with some areas as low as 0.2' to about 10' adjacent to the flood control channel, and increasing to 48' on the bluff at the northwest comer of the site.

Coastal Development Permit No. 96-18 represents a request to develop 171 two-story, detached, single family residential units and associated infrastructure, and develop an 8.2 acre park pursuant to Chapter 221 of the HBZSO.

The development consists of two housing products. The 60-wide lots include units consisting of four, five and six bedroom units ranging from 3,000 square feet to 3,400 square feet in size. The 50-wide lots include units that are four to five bedroom units ranging from 2,600 square feet to 2,900 square feet. Most units offer a three-car garage; there are some two-car garages.

On-site grading of approximately 263,000 cubic yards of dirt will be imported to the site. The entire site will be graded and dewatered. Most of the residential portion of the site will be filled with dirt. The lot pads will range from 5.3' to 6.7' with some lots along the westerly edge of the residential portion of the site up to 11.9'. The residential portion of the site is being elevated to comply with FEMA requirements and a CLOMR.

Shea Homes has an agreement with Huntington Beach Union High School and Oceanview school districts to pay approximately $1.00 more per sq. ft. than the State mandated $2.14 per sq. ft. of living space School Facilities fee. However, the actual fee amount will be calculated at the time of building permit issuance. It should be noted that it will continue to have inflationary adjustments.

Associated requests for General Plan Amendment No. 98-1, Local Program Amendment No. 96-4, and Zoning Amendment Nos. 96-5A & 5B, and Annexation No. 98-1 are discussed in a separate report. These

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requests must first be approved by the City Council and California Coastal Commission before the tentative tract maps, conditional use permit and coastal development permit become effective.

The Parkside project includes numerous public improvements (Attachment No. 17) to storm drains, storm water pump facilities, flood channel improvements, water quality, sanitary sewers, public park, traffic signals and Graham Street striping. Many of these improvements will provide benefits to area beyond the proposed development (Attachment No. 18). Some of them include:

• Drainage in the surrounding neighborhoods will be improved by reducing the amount of storm water being directed into the Graham Street storm drain.

• Drainage improvements, when completed and certified by FEMA, will permit FEMA to upgrade the flood insurance map. The new flood insurance map will result in approximately 1430 acres consisting of 7,000 housing units being removed from the mandatory flood insurance zone.

• Sheet piling will be installed along the developed portion of Parkside Estates at the northerly edge of the Wintersburg Flood Control Channel to increase channel capacity and provide flood protection for the area.

• Storm drain capacity in the Kenilworth Drive/Graham Street area will be improved with the rerouting of the Cabo Del Mar and Graham Street storm drains through the Parkside Estates project directly to the pump station.

• The Slater Storm Water Pump Station will be expanded by installing two new pumps to meet City Master Plan standards.

• Storm Water Quality going into the Slater Channel will be improved.

• The existing deficient sewer pump station in Graham Street will be replaced with a new and larger facility to meet current City Master Plan Standards.

• A traffic signal will be installed at the project entrance on Graham Street, which will provide a safer crossing for school children.

• Graham Street will be re-striped from Slater Avenue to Warner Avenue to incorporate left-turn lanes to improve traffic flow.

• The City's park system will be enhanced by the dedication and improvement of the proposed 8.2-acre park site. City code requires dedication of 2.3 acres of public park; this plan provides 8.2 acres of park that is 5.9 acres above the code requirement. The proposed park includes preservation of an existing 4.1-acre eucalyptus grove and provides an active recreation area. The developer is also contributing $250,000 toward park improvements.

• The cost to add these extensive "regional public benefits" to the proposed project exceeds $8,000,000.

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General Plan Conformance:

The General Plan Land Use Map designation on the City portion of the property is Residential Low Density and Open Space-Park; and the pre-General Plan Land Use Map designation on the County portion of the property is Residential Low Density and Open Space-Conservation. The proposed tentative tract maps, conditional use permit, and coastal development permit are consistent with these designations and the goals and objectives of the City's General Plan as amended pursuant to General Plan Amendment No. 98-1 and Zoning Map Amendment No. 96-5A and 96-5B, as follows:

A. Land Use Element

Policy 9.2.1: Require that all new residential development within existing residential neighborhoods (i.e., infill) be compatible with existing structures, including the use of building heights, grade elevations, orientation and bulk that are compatible with the surrounding development.

The proposed homes are compatible with existing homes in the area in term of style, materials, and colors. The buildings are well articulated and will have enhanced building elevations along street frontages. Although the building pads are higher than the homes to the north, there will be a minimum 133 ft. wide separation with intensified landscaping along the north property line.

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Policy 9.3.2: Require that residential subdivisions consider reduced street widths to achieve a more "intimate " relationship between structures, to the extent feasible and in accordance with the Huntington Beach Fire Department regulations; and include alleys or other means to minimize the dominance of garages along the street frontage.

The width of the streets for the proposed subdivision is 36 feet which represents the minimum allowed pursuant to Fire Department requirements. The street width is in scale with the proposed residential units and creates a relationship between the scale and architecture of adjacent structures. The buildings will include fire sprinklers.

GoalLU2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services.

There will be improvements made in conjunction with the project including a traffic signal, storm drainage improvements and flood control protection to ensure that the development is adequately served with infrastructure.

Policy LU2.1.7: Ensure that development shall not occur without providing for adequate school facilities.

The developer will be paying required school fees and comply with a Mitigation Agreement with the affected school districts.

Policy LU 4.1.2: Require that an appropriate landscape plan be submitted and implemented for development projects subject to discretionary review.

The project will comply with all applicable City plans, policies, and ordinances with respect to landscaping, including submittal of a landscape plan for the Graham Street frontage.

B. Housing Element

Policy H3.1.1: Encourage the provision and continued availability of a range of housing types throughout the community, with variety in the number of rooms and level of amenities.

The project is designed with two different minimum lot sizes. There will be 94 lots with a minimum lot size of 5,000 sq. ft. (minimum 50' in width), and 77 lots with a minimum lot size of 6,000 sq. ft. (minimum 60' in width). The proposed two-story homes range from 2,600 sq. ft. to 3,400 sq. with four to six bedrooms each.

C. Circulation Element

Policy CE 2.3.1: Require development projects to mitigate off-site traffic impacts and pedestrian, bicycle, and vehicular conflicts to the maximum extent feasible.

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Policy CE 2.3.4: Require that new development mitigate its impact on City streets, including but not limited to, pedestrian, bicycle, and vehicular conflicts, to maintain adequate levels of service.

The EIR included a detailed traffic analysis to document potential impacts associated with the project. The EIR traffic studies demonstrate that with and without the project, the level of service on Graham Street will be level A, the best rating. Mitigation Measures #1-5, Transportation/Circulation, require the developer to complete various traffic improvements including restriping and installation of a traffic signal as well as payment of traffic impact fees to ensure that potential impacts are mitigated.

D. Utilities Element

Objective U 1.2: Ensure that existing and new development does not degrade the City's surface waters and groundwater basins.

The EIR Technical Appendices include a Water Quality Analysis and Conceptual Water Quality Control Plan that accounts for new 2001 permitting requirements. The EIR includes Mitigation Measures #2 and 3, Drainage/Hydrology, and #4, Earth Resources, to address water quality issues that may arise from dewatering, the requirement for a Water Quality Management Plan and compliance with NPDES requirements.

Objective U3.1: Ensure that adequate storm drain and flood control facilities are provided and properly maintained in order to protect life and property from flood hazards.

The developer submitted a Conditional Letter of Map Revision (CLOMR) application to the Federal Emergency Management Agency (FEMA) regarding potential flooding for the site and surrounding area. FEMA approved the CLOMR on June 6, 2002. The CLOMR is based on certain storm drain and flood control improvements being completed. Supporting documentation for the CLOMR and a discussion of potential impacts is included in the EIR. Mitigation Measure #1, Drainage/Hydrology, requires that the improvements be completed.

E. Coastal Element

Policy C 1.2.3: Prior to the issuance of a development entitlement, the City shall make the finding that adequate services (i.e., water, sewer, roads, etc.) can be provided to serve the proposed development, consistent with policies contained in the Coastal Element, at the time of occupancy.

The developer will be constructing improvements including a traffic signal, storm drainage improvements and flood control protection to ensure that the development is adequately served with infrastructure.

Policy C 2.1.1: Encourage the utilization of easements and/or rights-of-way along flood control

channels, public utilities, railroads and streets wherever practical, for use of bicycles and/or

pedestrians.

Policy C 3.2.9: Promote and support the implementation of the proposed Wintersburg Channel

Class I Bikeway.

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Improvements to the Wintersburg Channel are included with the project which involve bikeway trails along the channel.

Policy C 6.1.1: Require that new development include mitigation measures to enhance water quality, if feasible; and, at a minimum, prevent the degradation of water quality of groundwater basins, wetlands, and surface water.

The EIR Technical Appendices include a Water Quality Analysis and Conceptual Water Quality Control Plan that accounts for new permitting requirements. The EIR includes Mitigation Measures #2 and 3, Drainage/Hydrology, and #4, Earth Resources, to address water quality issues that may arise from dewatering, the requirement for a Water Quality Management Plan and compliance with NPDES requirements.

Policy C 7.1.4: Require that new development contiguous to wetlands or environmentally sensitive habitat areas include buffer zones. Buffer zones shall be a minimum of one hundred feet setback from the landward edge of the wetland...

The EIR documents the presence of Environmentally Sensitive Habitat Areas (ESHAs) as designated by the State Department of Fish and Game. The project proposes a minimum distance, or buffer, of 464 feet from the nearest ESHA. A wetlands delineation prepared for the applicant for the unincorporated area in 2002 and included in the Final EIR concluded that there was a potential wetland area that overlapped the already documented patchy pickle weed. Staff recommends deletion of Lot No. 4 in the unincorporated area to achieve a minimum 100 ft. buffer from this area.

E. Recreation and Community Services Element

Goal 5: Provide parks and other open space areas that are efficiently designed to maximize use while providing cost efficient maintenance and operations.

The project includes a public neighborhood park pursuant to Quimby Act requirements. The park is efficiently designed while still providing open turf areas.

Zoning Compliance:

The existing zoning on the City portion of the subject property and pre-zoning on the County portion of the subject property to be developed is RL (Low Density Residential). The project complies with the development standards except for minimum lot width and lot area which may be reduced as part of a Planned Unit Development (PUD). Several projects have already been approved in the City as a PUD. Benefits of a PUD include the ability to include open space amenities that would not normally be required such as public and private open space areas, landscaped buffer areas, greenbelts and pedestrian accessways, etc.

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The following zoning conformance matrix compares the proposed project with the development standards of the RL (Low Density Residential) zoning requirements.

SECTION

ISSUE

CODE PROVISION

PROPOSED

210.06

Lot Area

Min. 6,000 sq. ft.

Type I: 6,000 s.f. - 10,477 s.f. Type n: 5,058 s.f. - 8,807 s.f.*

Lot Width Cul-de-sac width

Min. 60 ft. Min. 45 ft.

Type I: 60 ft. Type n: 50 ft.* (includes 7 lots with minimum 24 ft. width for flag lot)*; (Lot #77 conditioned to be 50 ft.). 45 ft. (Lot #131 conditioned to be 45 ft. and lot #4 of Tract 15419 to be deleted)

Density

1 unit/lot

Building Height

Max. 35 ft. from top of subfloor to roof peak; 2 stories

Complies

Lot Coverage

Max 50%

Complies

Setbacks

Front

Min. 15 ft.

Complies

Side

Min. 5 ft.

Complies

Street Side

Min. 10 ft.

Complies

Rear

Min. 10 ft.

Complies

Garage Front entry Side entry

Min 20 ft. Min 10 ft.

Complies

230.70.C

Grading

Max. 3 feet between high and low points of existing grade

48 feet between high and low points of existing grade*

231.04.B

Off-Street Parking -Number of spaces

2 enclosed+2 open/up to 4BRunit 3 enclosed+3 open/5+ BRunit

Complies

Landscaping

1-36" box tree per lot; 1-36" box tree/45'street frontage

Landscape plan to require 1-36" box tree per lot and 1-36" box tree/45' street frontage

230.88

Fences & Walls

Max. 6 ft. high along perimeter Max. 2 ft. retaining wall

6 ft. high along east PL (Graham); 6 ft. on top of 3.5 ft. retaining wall along west property line*; 4 ft retaining wall at base of slope and separate 6 ft. wall along southerly property line (adjacent to channel); existing wall to be conditioned to remain along north property line.