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HomeMy WebLinkAboutGeneral Plan Amendment GPA2008003 - Supporting DocumentsCITY OF HUNTINGTON BEACH Interdepartmental Communication TO: RICKY RAMOS , Senior Planner FROM DANIEL K. OHL, Deputy City Attorney DATE : February 19, 2010 SUBJECT : ISLAND BAY SUBDIVISION; TRACT MAP 14244 Staff has become aware of a dispute between private parties concerning the permitted uses on parcels of property within the Island Bay Community. The issue reduces itself to whether the parcel in question was to be restricted as a view corridor. Staff has asked for our input. A review of the materials located and provided reveals that the original Tentative Tract Map 14244 was a 17-lot subdivision for residential purposes. It was presented to and considered by the Subdivision Committee on September 11, 1991. At that time, the project was continued to allow the applicant time to revise the map based on the Subdivision Committee findings and recommendations. This information was set out in the minutes of the Subdivision Committee of January 9, 1992, and was included with the Staff Report to the Planning Commission for January 28, 1992. The Subdivision Committee minutes of January 9, 1992 also provide that all Subdivision Committee recommendations were incorporated in the Tentative Tract Map. The modifications included a view corridor at the end of Island Bay, a view corridor to the golf course and to maintain an existing view for an existing view homeowner to the golf course. The Subdivision Committee moved, recommended and approved the modified Tentative Tract Map to the Planning Commission with a list of Findings and Conditions. On January 28, 1992, the Planning Commission considered Tentative Tract Map 14244, along with Zone Change No. 90-13 and Conditional Exception No. 90.41. A full size Tentative Tract Map was received on January 23, 1992 and clearly delineates two "view corridors" on it, one of which is on the property in issue. It is worth noting that the property with the view corridor language is outside the confines of the Tract Map. The Staff Report for the Planning Commission states that the Tentative Tract Map was "revised to provide visual access to the golf course, deletion of lot variances and comparable grade elevations." (Emphasis added.) The Tentative Map now showed 13 09-2254/42751 Ricky Ramos, Senior Planner February 19, 2010 Page 2 of 3 • lots. The Tentative Map attached as an exhibit to the Staff Report depicts the "view corridor." The report further provided that recommendation, as a Condition of Approval, that the "map received and dated Januar 23 1992 shall be the a roved la out " (Emphasis added.) The minutes from the meeting advise that Tom Zanic, representing the applicant, spoke in favor of the project There is nothing in the minutes from him objecting to the map containing view corridors. Two speakers who followed Mr Zamc both specifically addressed the view corridors. The first asked the Commission to assure that view corridors were kept open space and did not later become access points. The second voiced concerns regarding red curbing on view corridors. No one else spoke for or against the request. A motion was then passed to approve Tentative Tract 14244 with findings and modified Conditions of Approval. Among the Conditions of Approval for Tentative Tract Map No. 14244 were that the map received and dated January 23, 1992 was to be the approved layout with a modification to relocate an existing fire hydrant on Island Bay Lane to directly in front of the western view corridor. An additional condition was to provide red-curb in front of both view corridors. There is no indication in the minutes of any objection to the conditions. The Notice of Action conce rning Tentative Tract 14244, dated January 31, 1992 contained the same language of approval. The Final Tract Map No. 14244 was submitted to the City Council for approval on February 28, 1994. The City Engineer signed it on February 10, 1994, finding it to be substantially in conformance with the Tentative Map as filed with, amended and approved by the City Planning Commission. The City Planning Commission certified on March 14, 1994 that the map was substantially the same as the Tentative Map filed with, amended and approved by the Planning Commission. The Final Tract Map does not contain the "view corridor" language of the approved Tentative Map. There is no documentation provided or found which shows that a view easement was required or recorded. It appears it was the purpose and intent of both the Subdivision Committee and Planning Commission to require a view corridor. The initial Tentative Map was amended to include this item to which the applicant apparently raised no objection. The Subdivision Committee appears to have been very specific in its recommended modifications to include the various view corridors. Only after this was added did they recommend it for approval. However, there is no language indicating it is a condition for approval. The Amended Tentative Map, submitted 1/20/92, clearly contains the recommendation modification of view corridors. It was the map submitted and reviewed for approval with that designation. It was the map that was ultimately approved. It is expressly indicated 09-2254/42751 Ricky Ramos, Senior Planner's February 19, 2010 Page 3 of 3 40 in the Staff Report to the Planning Commission that the map was revised to provide visual access to the golf course. Further, the minutes provide that an applicant's speaker was present and spoke in support of the project. Two other individuals also spoke in support of the project, both specifically mentioning the view corridors. There is no indication in the minutes that the applicant's representative objected to or questioned the additional view corridor depicted in the Tentative Map nor is there any indication he sought to respond to or clarify the comments of the members of the public who spoke. The Final Map, approved as in substantial compliance with the Tentative Map filed with, amended and approved by the City Planning Commission, does not contain the same express language as set out on the approved Tentative Map. The area does appear to be the same consistent size and configuration with the area designated as a view corridor on the 1/23/92 Tentative Tract Map. It is not marked like the other lots, nor does it have a lot number. The area on the Tentative Tract Map identified as the view corridor is outside the boundaries of both maps. It appears the area is part of the larger Seacliff Golf Course. It is designated as open space by the City. More recently, staff has asked that the proper document memorializing a view or scenic easement be listed as a condition and then recorded with the County to avoid this type of uncertainty. Perhaps it was not done in this instance because the property designated as view corridor is not included in Tract Map 14244. The area in issue is outside the boundaries of Tract Map 14244. While it may have been the intent to designate this area as a view corridor, land outside the Tract Map is not subject to any restrictions or conditions imposed on prope rty within the map. There is no information from any source that the property is conditioned or restricted as a view corridor. The property can be put to uses consistent with its zoning designation. DANIEL OHL Deputy City Attorney 09-2254/42751 Page 1 of 1 Ramos, Ricky From: Ramos, Ricky Sent: Thursday, February 18, 2010 5 21 PM To: Arabe, Jill, Beckman, Hayden, Edwards, Ethan, Gonzales, Andrew, Kelley, Jason, Medel, Rosemary, Nguyen, Tess, Pierce, Susan, Villasenor, Jennifer Subject: FW Island Bay FYI this pertains to the view corridors on Seacliff golf course off Island Bay Lane From: Ramos, Ricky Sent : Thursday, February 18, 2010 5:13 PM To: 'jclegglst@aol.com'; scottcleggl@aol.com Cc: Hess, Scott ; Fauland, Herb; Broeren, Mary Beth; Kelley, Jason Subject : Island Bay Hi Jody and Scott - In response to your letter which I received yesterday regarding your proposal to improve the easement area you obtained from Seacliff golf course, the golf course (including the area covered your easement) has a General Plan Land Use designation of OS-CR (Open Space - Commercial Recreation) and a zoning designation of OS-PR-O (Open Space - Parks and Recreation - Oil Overlay) The General Plan Land Use Element indicates that typical permitted uses in the OS-CR designation include publicly or privately owned commercial recreation facilities such as golf courses Residential use is not permitted Therefore, your proposal to improve your easement area on a portion of the golf course and incorporate it into your single family residence would not be permitted Chapter 213 (Open Space District) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) identifies permitted and conditionally permitted uses in the OS-PR zoning district Residential use such as your proposal is not listed and therefore is prohibited If the golf course owner were to propose landscaping or wall improvements on the subject view corridor at minimum Design Review approval (with public notification) would be required pursuant to HBZSO Section 213 10 Note that HBZSO Section 213 08(A) states in part that "all development shall be compatible with the established physical scale of the area and shall not encroach on major view corridors " The General Plan and HBZSO are available at www huntinotonbeachca gov Please let me know if you need further assistance R Ramos Senior Planner City of Huntington Beach (714) 536-5624 2/22/2010 Ricky Ramos, 2/17/2010 City of Huntington Beach FEB17 2010Planning Department ;-^ anon . 9cch Dear Ricky,I ,yI; IC-D-,:-PT. Per your last email, you informed Jody and I that the Deputy City Att orney that was assigned to evaluate the use of Robert O'Hill's private property has retired from the City and that you would be talking with whomever would be stepping into this position. You also asked that we go directly to you rather than to the City Att orney. From the beginning and in the meeting we all att ended, Robert O'Hill stated and has advised us to immediately begin to fence in and beautify this parcel of land. He also clearly has stated that we have every right to as well as law on our side to support this matt er. He asked at the meeting by what right or laws the City could restrict any such improvement (being that there clearly is nothing recorded on title to suggest otherwise) and that if there was such action that it would be seen as a "taking away" of his property rights which would quickly result in a lawsuit against the City of HB. As you know, Jody and I have had no interest in creating a conflict and have simply decided to allow you and the City to find agreement with this matt er prior to beginning to improve this un-kept area. It would appear that if we t ry to give the City time to evaluate this issue, it may never happen. It has been 5 months (September 10, 2009 meeting ) since you told us you would get back with us regarding the city's position in this matter. We have since then put our plans to beautify this area "on hold", but with no end in sight with an answer from the city. The owner, Robert O'Hill has told us repeatedly that we don't need any authorization from the city, and we have taken more than considerate steps and time in patiently waiting for the city's response. At1his_time-we_would-like-to_ask_that_we_have_a clear statement from the city by this Friday 2/19/10, so that we may proceed with our plans to clean up the blighted area (our easement granted by the owner) to include seeding , sprinklers, and fencing (per easement ). Robert O'Hill has given us eve ry right to do so, therefore, we would like to continue with our plans. We are assuming that after 5 months, if there were any legal reasons we could not act on the beautifying of this easement, we certainly would have been notified If there is any reason we cannot proceed with our plans,_please contact us immediately, otherwise we will begin the improvement of this parcel as mentioned above. This will be a positive influence for this area and community. FACSIMILE (949) 752-2141 LAW OFFICES OF DANIEL C. CARLTON 19700 FAIRCHILD ROAD, SUITE 280 IRVINE, CALIFORNIA 92612 May 22, 2009 TELEPHONE (949) 757-0707 L COUP D1 MAY2 6 2009Golf Realty Fund c/o Investor's Trust Huntington Beach One Upper Newport Plaza PLANNING DEPT Newport Beach, CA 92663 Attn Gino Mastantuono, Asset Manager RE Golf Realty Fund/Seacliff Country Club Easement Agreement with Scott and Jody Clegg Open space area adjacent to Clegg's residence Dear Mr Mastantuono This office has been retained by the Architectural Committee formed under the provisions of the Covenants, Conditions and Restrictions governing the twelve homes of the Cambria/Island Bay development (Tract 14244) in Huntington Beach The Architectural Committee represents all the homeowners of Tract 14244 and has plan approval authority for design and construction of buildings and improvements undertaken by the homeowners Our clients have provided the undersigned with an Easement Agreement recorded on December 22, 2008 which purports to provide Scott and Jody Clegg of 19681 Island Bay Lane with exclusive access rights to what is, and has been since 1995, an open space view corridor created for the benefit of the Island Bay Lane Homowners Your Easement Agreement itself pronounces in its recitals, item #D that "the Cleggs protested to the City regarding the creation of the new lot and are of the opinion that there is a legal requirement that the new lot be a view corridor " We are aware that you submitted an application to the City to build a new single family dwelling on the subject lot which was withdrawn because of the view corridor restriction We understand that you then inquired about a lot line adjustment which City Planning Staff again indicated they would not support Your new "Easement Agreement" with the Cleggs is an obvious attempt to circumvent City restrictions as well as your predecessor's agreement restricting this area to be solely an open space view corridor As an illustration of the importance of the view corridor to the homeowners, opposition arose in 1996 when Seacliff Country Club began to install large nets to prevent stray golf balls A letter signed by all homeowners on Island Bay Lane to Golf Realty Fund May 22, 2009 Page 2 0 Seacliff's then General Manager, Kevitt Sales, reminded him that Seacliff must comply with the view corridor restriction, Seacliff cooperated and removed the nets One of the conditions of approval of Tract Map 14244 in 1992 was the subject view corridor, the condition was so important to the City that they zoned the parcel as open space, even requiring the curb in front of the corridor to be painted red to prohibit parking to interfere with any views The mere assertion as contained in your Easement Agreement that "there are not any restrictions of record" requiring the view corridor over the subject parcel does not diminish the fact that at least an implied easement has been created Considerable legal authority exists to support the position that owners of land benefited by an implied easement can enforce the easement even though it is not specially mentioned in their deeds You and the Cleggs must realize that any actual or threatened injury to or impairment of the open space view corridor implied easement may be prohibited or restrained by injunctive relief Further, the homeowners benefiting from this open space corridor are entitled to monetary damages for any affected interest they have in the easement, such as diminishment in the value of their homes It is hereby requested that you and the Cleggs agree to rescind the Easement Agreement immediately We understand that the Cleggs have already notified the City of their intentions to expand their lot or otherwise encroach into the view corridor easement area Any actual attempt to do so will be met with immediate legal action for injunctive relief as well as a request that the Court issue a declaration establishing an express easement on the land We will be happy to discuss with you or your legal representatives how best to avoid litigating these issues and also assist in the preparation of a recordable easement on the land, which obviously was overlooked by your predecessors and the City in 1992 Your anticipated cooperation in this matter is appreciated We will calendar June 12, 2009 as a deadline for receipt of a recorded rescission of the easement between you and the Cleggs Respectf Ily, IEL C CARLTON DCC rc cc Scott and Jody Clegg, 19681 Island Bay Lane, Huntington Beach, CA 92648 Ricky Ramos, City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Page 1 of 1 Ramos, Ricky From: Ramos, Ricky Sent: Thursday, May 21, 2009 11 06 AM To: 'JClegglst@aol com' Subject: Island Bay Attachments: PC Staff Report 012892 pdf, TTM 14244 Notice of Action pdf Hi Jody - Below is the email I sent to Byron De Arakal, agent for the owner of Seacliff golf course I have also attached the staff report and the Notice of Action for the tract There are references to the view corridors in the documents including the tentative tract map exhibit I'll call you Tues afternoon after our staff meeting to inform you of the response to your request From : Ramos, Ricky Sent : Thursday, December 18, 2008 9:25 AM To: 'Byron de Arakal' Subject : Response to Questions Byron - As I mentioned during our phone conversation about a week ago or so 1 Planning staff will not be able to support a lot line adjustment (LLA) involving the view corridor on the golf course and the abutting home(s) without processing a General Plan Amendment and Zoning Map Amendment because we would not want to create any parcel that has split General Plan and/or zoning designations In addition, the LLA would not meet the findings in HBZSO Sec 250 14(B)(3) regarding resulting parcels conforming to zoning because the OS-PR zone requires a minimum lot area of 5 acres 2 From what we can tell from the project file and other research, the only use we can allow on the view corridor is just that - a view corridor Any proposed improvements such as a swimming pool as you had mentioned in our opinion would not meet the intent of the approval and the view corridor I hope I have answered your questions Let me know if you need further assistance R Ramos HB Planning Dept (714) 536-5624 15 - ?.U - 001 vlj v tK 4t1G r row,-17 N01- pp -r "i tt-s pip P1 -ro t qtr VI h/ cF -t1 -. 2/18/2010 GRF August 10, 2009 BY OVERNIGHT DELIVERY: Gordon Smith 19682 Island Bay Lane Huntington Beach, CA 92648 Dear Mr. Smith: GOLF REALTY FUND ONE UPPER NEWPORT PLAZA NEWPORT BEACH CALIFORNIA 92660 (949) 251-2025 (949) 251-2085 FAX I am writing in answer to your letter dated July 22, 2009, a copy of which I just received. I have not seen the original of your letter. A copy of your letter was faxed to Scott Clegg on August 5, 2009 and emailed to me by Jody Clegg. First off, I would be happy to meet with you and City Planning Staff to explore a mutually agreeable resolution; however, I have spent an inordinate amount of time on this matter and therefore request that the meeting be in my office. Please email me (ROH@GolfRealtyFund.com) three weekday times that would be convenient the week of August 17 or August 24. I believe the facts and your conclusions are better examined and discussed in a face-to-face dialogue with you, City Planning Staff and me To try to correct each of the issues you raise on a point-by-point basis in this letter would not be efficient and would no doubt raise further responses. However, before we meet I would like you to consider the following: • You acknowledge in your letter that, ". . nobody involved in the discussion at the time thought to properly record a protective easement over the two view corridor parcels; they were simply left as part of the golf course and zoned open space." Further, GRF's Title Policy Insurance from First American Title Insurance shows no exception for an easement or other type of covenant, condition or restriction of record for a view corridor. I am not a lawyer; however, it is my long-held understanding that California's Statute of Frauds law requires that all agreements involving real estate must be in writing signed by the party the agreement is affecting. • The concept of the subdivider of the Island Bay Lane tract obtaining an easement for a view corridor from the adjoining landowner was not even in the City Staff report or recommendation for a condition in the City Staff report Also obtaining an easement for a view corridor was not a condition of City approval of Tentative Tract 14244 at either the Planning Commission or City Council level. • The Bill of Rights to our wonderful American Constitution requires that there shall be no taking of private property without just compensation. While I was and am still willing to very, very cheaply encumber the subject area with an easement, I can not violate my fiduciary responsibility and encumber the area with an easement at a loss. • Why would replacing weeds landscaping and hardscaping with no buildings be inconsistent with a "view corridor"? Open space zoning, OS-P and OS-CR, allows for landscaping and hardscaping including parking lots, tennis courts, pools, etc. You seem to want a conservation easement to ensure the Clegg Easement remain in its current state on one hand but label the area as "blighted" on the other hand • In the fourth paragraph of your letter you reference a view corridor for golf course views from both existing Island Bay Lane homes and the newly-created cul-de-sac. Attached are images that show the existing view from the cul-de-sac that show a view of the fence, weeds on the Clegg Easement area, and a large berm obscuring a view of the golf course. •In the next to the last paragraph in your letter you state: ".. homeowners have been frustrated with SeaCliff Country Club's reluctance to care for the view corridor parcel. Neighboring homeowners have resorted to filing code enforcement complaints with the city to address issues such as rusted and disintegrating wrought iron fencing. As code enforcement seems to be the motivator for correcting blighted and nuisance conditions.... The appearance of the view corridor affects all the residents of our street and directly impacts the value of our properties." The obvious solution is for the area to be maintained by someone who has incentive to maintain it. The homeowners on both sides (i e., the Clegg Easement) landscape the area and incorporate the area into their yard, on both sides, the City of Huntington Beach improve the area as a park and move the fence to the berm side so the public can access the park, or an association of neighbors maintain it as a passive park, also moving the fence to the berm side. In Tim Paone's letter to the Architectural Committee's lawyer he offered such an easement to the City and/or the neighbors at an extremely low cost. Reverting to having the area maintained by someone who has no interest or duty to do more than removing weeds in June of each year makes no sense for any of the interested parties. I look forward to meeting you and engaging in a dialogue to reach a clear understanding, and hopefully closure, regarding your Clegg Easement concerns. Sincerely yours, Robert 0 Hill ec: Jody Clegg w/attachments Rick Ramos, Senior Planner, City of Huntington Beach w/attachments Jennifer McGrath, City Attorney, City of Huntington Beach w/attachments Tim Paone, Manatt, Phelps & Phillips w/attachments Robert 0 Hill Golf Realty Fund c/o Investor 's Trust One Newpo rt Plaza Newpo rt Beach , CA 92663 Dear Mr. 0 Hill: 19682 Island Bay Lane Huntington Beach, CA 92648 July 22, 2009 FED)G°LL JUL2 4 2009 2009 Huntington Beach PLANNING DEPT Huntington Beach PLANNING DEPT Your attorney , Mr. Tim Paone , in a letter dated June 2, 2009 replied to concerns raised by our attorney , Mr. Daniel Carlton, regarding the gran ting of an easement over a portion of th e view corridor adjacent to our homes on Island Bay Lane in Huntington Beach. Mr. Paone's lett er was replete with distortions an d factual errors to which we feel compelled to respond. Mr. Paone characterized th e proper ty in ques tion as merely a "vacant lot." That characteriza tion ignores the well-documented histo ry of th e property . Given th e value of developable land in coastal Orange County, it is absurd to imply that th is "lot" was left vacant by the landowner /developer for no apparent reason; it could easily have accommodated two new golf course homes. The landowner did in fact intend to build homes on th e property. The land in ques tion was part of an oil production "island " situated amid a neighborhood of exis ting homes . Plans presented to the city in 1990 called for construction of 17 homes in th e oil island, some of which encroached on th e golf course and one of which blocked the golf course view of an existing homeowner . Chevron Corp. owned bo th th e oil isl and and the adjoining Seacliff Country Club. Huntington Seacliff Homeowners Association raised objections to the proposed development plans as being incompa tible wi th the exis ting neighborhood and objected to the loss of open space . In November 1991 a committee of the association met with the landowner and city planning staff and an agreement was reached to reduce the number of homes proposed for th e oil island from 17 to 13 and create two view corridors th at allow for golf course views from both existing Island Bay Lane homes and the newly created cul-de-sac. In January 1992 th e Hunti ngton Beach Planning Commission approved th e zone change and tenta tive tr act map for th e oil island development th at reflected th e agreement reached wi th th e homeowners . The map clearly shows th e words "view corridor " on th e parcel in ques ti on . The commission required a red curb in fr ont of th e parcel to further protect th e viewshed afforded by th e parcel. Page Two Mr. Paone raises th e issue of "takings" in relation th e Plan ning Commission action. There was no issue of "takings" in the commission's actions. The landowner/developer voluntarily agreed to th e creation of the two Island Bay view corridors as the result of discussions with th e homeowners association. The commission was merely approving a map presented by the developer. Unfortunately , as Mr. Paone correctly points out, nobody involved in th e discussions at the time thought to properly record a protective easement over the two view corridor parcels; th ey were simply left as part of the golf course and zoned as open space. The final tr act map does not show them as part of th e development since no homes were to be built on th em. Several homeowners who were involved in the nego tiati ons in th e early 1990s still reside in th e neighborhood. We have copies of th e associa tion newsle tt er reporting th e outcome of th e negotiations, as well as copies of th e tentative tr act map an d planning commission documents . There is no question in our minds th at, recorded or not, th e parcel in question was created as a view corridor to benefit th e neighborhood , and that Golf Realty Fund, the present owner, has inherited th e obligation to maintain it as such. Turning to th e Clegg easement , Mr. Paone claims th at plans only include landscaping intended to eliminate th e unsightly dead grass and weeds . The lan guage of th e easement , however , contains much more th an landscaping . Swimming pool, spa, outside fireplace, barbeque area, patio, sports court and wrought iron fencing are listed as uses . Even a future lot line adjustment is referenced . The upshot of th is language is th at, instead of looking across a passive open space area to th e golf course , th e view will be of, in effect , an extension of Clegg's back yard . As recorded, the easement will run wi th Clegg's lan d in perpetuity . Even if Cleggs agree to limit th eir improvements to just landscaping , future owners of th e proper ty (which was recently listed for sale by Cleggs) will assume th ey are enti tled to encroachment into th e view corridor and highly visible "improvements." Another problem with th e easement is that, if executed by Cleggs, it tran sfers responsibility for upkeep and maintenance of most of the view corridor from Seacliff Count ry Club to th e owner of Clegg's proper ty. Future owners of their proper ty will be burdened wi th the cost of watering , fertilizing and mowing th e grass and maintaining any oth er tr ees and shrubs installed on th e parcel. That tr ansfer of responsibili ty is clearly inconsistent with th e intent of the agreement reached with the landowner /developer th at created th e view corridor in 1992. It is unfortunate that Cleggs and Golf Realty Fund representa tives did not consult with neighboring homeowners or city planning staff about th e decision to draft and record th e Clegg easement We now have a situation where easement language sets Page Three forth land uses th at are opposed by other homeowners on Island Bay Lane, and which city planning staff have indicated they cannot support. The easement , in our view, should be rescinded and replaced with one th at properly reflects and protects the open space designation agreed to in 1992 . The cost of that easement should not be borne by the Island Bay homeowners , as Mr. Paone suggests , but by Golf Realty Fund . It was the landowner 's responsibility to properly record the view corridor as agreed upon in 1992, and we believe it should be the landowner 's responsibility today. Finally, on the subject of maintenance of the view corridor , homeowners have been frustrated with Seacliff Country Club's reluctance to care for the view corridor parcel. Neighboring homeowners have resort ed to filing code enforcement complaints wi th the city to add re ss issues such as rusted and disintegra ting wrought iron fencing. As code enforcement seems to be the sole mo tivator for correcting blighted and nuis an ce condi tions , homeowners will con tinue to pursue th at course of action . The appear an ce of th e view corridor affects all th e residents of our street and directly impacts the value of our proper ties. We would welcome the opportuni ty to meet with you to explore a mutually agreeable resolu tion of this situa tion. City planning staff have offered to assist in any discussions we might arrange. Respectfully, 0--tdou 14- Gordon Smith Cambria Homes /Island Bay Architectural Committ ee Copies : Sco tt and Jody Clegg Rick Ramos , Senior Planner , City of Hunti ngton Beach Jennifer McGrath , City Attorney , City of Hunti ngton Beach 0 manatt manatt I phelps I phillips Tim Paone Manatt, Phelps & Phillips, LLP Direct Dial (714) 371-2519 E-mail tpaone@manatt corn Huntington 6eich PLARINU!G DEPT June 2, 2009 BY FACSIMILE, ELECTRONIC MAIL, AND OVERNIGHT DELIVERY TO: Daniel C. Carlton 19700 Fairchild Road Suite 280 Irvine, CA 92612 Re- Clegg Easement & Island Bay Subdivision Dear Mr. Carlton, Manatt, Phelps & Phillips represents Golf Realty Fund ("GRF"), which has asked us to reply to your letter dated May 22, 2009, regarding a small parcel of land located outside the Island Bay Subdivision which is not part of the SeaCliff golf course (the "Lot"). GRF has granted to Jody and Scott Clegg an easement (the "Clegg Easement") over approximately 50% of the Lot adjacent to their home (the "Clegg Easement Property") which will allow them to remove the unsightly weeds and brown grass on the Clegg Easement Property through tasteful landscaping. The remainder of the Lot (the "Remainder of the Lot") is not subject to the Clegg Easement. Although no recorded view corridor exists across any portion of the Lot, there is nothing inconsistent with a view corridor and the Clegg Easement. The Cleggs intend to leave the current wall and wrought iron fence (see the attached photographs) adjacent to Island Bay Lane intact, to landscape the unsightly area which is comprised of weeds and brown grasses, and to construct a four foot high wrought iron fence on the side and rear yard easement lines. The Clegg Easement does not allow construction of a building which would obstruct the view of the existing heavily landscaped berm. That berm, of course, already restricts views to the golf course. Hopefully, this explanation will alleviate your client's concerns. In case it doesn't, we must also correct some erroneous assumptions contained in your letter: • There is no easement of record for the supposed view corridor on the Island Bay Subdivision, Final Tract Map 14244, or the adjacent land owned by GRF commonly known as SeaCliff Country Club. • The Planning Commissions Conditions of Approval dated January 31, 1992, included "Relocate existing fire hydrant on Island Bay Lane to directly in front of western view 695 Town Center Drive, 14th Floor, Costa Mesa, California 92626-1924 Telephone 650 812 1300 Fax 650 213 0260 Albany I Los Angeles I New York I Orange County I Palo Alto I Sacramento I San Francisco I Washington, D C manatt • • manatt I phelps I phillips Daniel C Carlton June 2, 2009 Page 2 corridor... Red-curb area in front of both view corridors." The Commission action only limited vehicular parking in front of the two Island Bay knuckles, and did not establish a view corridor easement or prohibit landscaping or other improvements in an area adjacent to the Tentative Tract 14244 being approved. A simple reference to an existing view across someone else's undeveloped lot as a "view comdor" does not create a view corridor easement. As you surely understand, requiring a view comdor on property outside of the tract being approved would have potential "takings" implications and would not have been a likely course of action for the City. • SeaCliff Country Club is zoned as Open Space/PR, which allows for landscaping, irrigation, and the construction of golf and tennis clubhouses, parking lots, and tennis courts. Even though it is consistent with SeaCliff Country Club zoning, the Clegg Easement does not allow the Cleggs to build any of these types of facilities. • It is quite a stretch to suggest that a view easement is created by the mere existence of a vacant lot which, as shown in the attached images, is walled and fenced along Island Bay Lane. If that was the case, development would have ceased in the City of Huntington Beach when the first home in the City was built. If you have authority that shows that an implied view easement can arise simply by the mere existence of undeveloped property, we would like to see it. If, after reviewing this letter, your clients want the Remainder of the Lot (which does not include the Clegg Easement Property) to remain "as is," GRF is willing to grant a "Preservation Easement" over the Remainder of the Lot to your client or the appropriate entity for the payment to GRF of $25,000, providing the payment is received by September 1, 2009. The Preservation Easement will clearly delineate the boundaries of the Lot, the Clegg Easement Property, and the Remainder of the Lot, and will ensure that the Remainder of the Lot will remain in its current un- landscaped condition to the extent permitted by the City's municipal code Additionally, while this firm does not represent the Cleggs, GRF would offer to discuss with the Cleggs the possibility of relinquishing the Clegg Easement for the payment to the Cleggs of $25,000, the amount they paid for the Clegg Easement. This payment would be in addition to the $25,000 paid to GRF for the Preservation Easement. Upon relinquishment of the Clegg Easement, GRF will convey to your client or the appropriate entity a separate Preservation Easement for what is now the Clegg Easement Property. manatt • manatt I phelps I phillips Daniel C. Carlton June 2, 2009 Page 3 • If your clients find this proposal desirable, please so advise me and we will immediately prepare the required documents for the parties to review. Thank you. Sincerely, Tim Paone Enclosures manatt • • manatt I phelps I phillips Daniel C. Carlton June 2, 2009 Page 4 cc: Robert O Hill Scott and Jody Clegg Ricky Ramos, Senior Planner - City of Huntington Beach,/ Jennifer McGrath, City Attorney - City of Huntington Beach 70074529 2 0 • Ramos, Ricky From: Byron de Arakal [byron@bdacommunications com] Sent: Tuesday, March 10, 2009 9 22 AM To: Ramos, Ricky Cc: Robert 0 Hill, 'Monica Fajardo' Subject: RE Refund Request Yes Letter withdrawing application is forthcoming Byron de Arakal Principal Byron de Arakal Communications, Inc Strategic communications that inform, advocate and persuade 180 Newport Center Drive Suite 219 Newport Beach, CA 92660 v 949 706 3060 f 949 706 3080 in 714 227 4620 b rQrn dacommumcauons n www bdacommumcations coin Page 1 of 2 Notice to recipient. This e-mail is only meant for the intended recipient of the transmission, and may be a confidential communication or a communication privileged by law If you recei-.ed this e-mail in error , any review, use, dissemination , distribution , or copying of this e-mail is strictly prohibited . Please notify us immediately of the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. From: Ramos, Ricky [mailto:rramos@surfcity-hb.org] Sent: Tuesday, March 10, 2009 7:53 AM To: Byron de Arakal Subject : RE: Refund Request Byron - I assume you got the refund? From: Ramos, Ricky Sent: Wednesday, February 11, 2009 2:24 PM To: 'Byron de Arakal' Subject : FW: Refund Request From: Richards, Jan Sent: Wednesday, February 11, 2009 2:10 PM To: Ramos, Ricky Subject : RE: Refund Request This check is scheduled to be mailed by AP on Friday The reason this one took so long is because the revenue came in last fiscal year (June 26, 2008) and the refund had to be processed by Accounting and then back up to the Department for approval and then back to AP for payment 3/27/2009 Page 2 of 2 From : Ramos, Ricky Sent : Wednesday, February 11, 2009 1:56 PM To: Richards, Jan Subject : FW: Refund Request Impo rt ance: High Jan - Any word on this? From: Byron de Arakal [mailto:byron@bdacommunications.com] Sent : Wednesday, February 11, 2009 1:45 PM To: Ramos, Ricky Cc: 'Robert 0 Hill'; LM@investorstrust.biz; 'Monica Fajardo' Subject : FW: Refund Request Impo rt ance: High Ricky Could you please advise us on the status of the refund check ASAP? Thanks, Byron de Arakal Principal Byron de Arakal Communications, Inc Strategic communications that inform adi ocate and persuade 180 Newport Center Drive Suite 219 Newport Beach, CA 92660 v 949 706 3060 IF 949 706 3080 in 714 227 4620 b 'ron a;bdacommunicauons com www bdacoininunications coin Notice to recipient This e-mail is only meant for the intended recipient of the transmission, and may be a confidential communication or a communication privileged by law If you received this e-mail in error, any review, use, dissemination , distribution , or copying of this e-mail is strictly prohibited . Please notify us immediately of the error by return e-mail and please delete this message from your system Thank you in advance for your cooperation From : Ramos, Ricky [mailto.rramos@surfcity-hb.org] Sent : Monday, January 26, 2009 2:44 PM To: Byron de Arakal Subject : Refund Request I'll have the refund check made out to Golf Realty Fund sent to your office unless you would like it sent to the property owner directly R Ramos HB Planning Dept (714) 536-5624 3/27/2009 Planning Department 2000 Main Street 1 Huntington Beach , CA 92648 (714) 536-5271 Fax (714) 374-1540 City of Iuntington Beech 8 3 Fees and Payments • • . • 6495 Palm Ave APN 023-181-73 Park Fee • • • Fee Type TPM Tent Parcel Map - ZA Contact name for Receipt Date Entered Fee Amount Revenue Code Process?Paid Byron De Arakal 06/26/2008 $4,068 00 10000100 42635 TPM Tent Parcel Map - ZA 06/26/2008 $4,068 00 10000100 4262 No Yes Application 2008-0122 GPA -General Plan Amend 06/26/2008 $32,948 00 10000100 4244 No Yes ZMA Zoning Map Amend 06/26/2008 $9,635 50 10000100 4247 No Yes Payment Type Check Check Number 749 Batch ID 20080626000PC2244 Fee Entered By PlanZonel Date Paid 06/26/2008 Paid By PlanZonel Outstanding Balance $000 Date Entered Amount 06/26/2008 $4,068 00 Payment Type Check 06/26/2008 948 00$32 06/26/2008 , $9,635.50.Check Number 749 Receipt Number 120600 Workstation PC2244 Payment Processed By' PlanZonel' ,*L tQ, tPS J.Ztv•Del `BLS- f - o c . ss S _ oNP 0 4 = g -Iwo 6100 V% Abtbt 1 %A NP At-I -TO C- ot sit to vooa t o - !-!2 Cv35 p-v±.t 2- L4 L4 S 1 11 7 r1 tart ' _to 0 • City of Huntington Beach Receipt 2000 Main Street Huntington Beach , CA 92648 714-536-5200 June 26, 2008 Bymft-B' 11 Golf Realty Fund Receipt Number 120600 Cashier 180 Newport Center Drive, #219 Batch # 20080626000PC2244 Newport Beach CA 92660 Dept . of Issuance Planning Department Amount Paid $4,068 00 Permit / License #20080122 Payment Method Check Amount Outstanding $0 00 Fee Amount Paid Automation Fee $160 00 TPM Tent Parcel Map - ZA $3,908 00 4 City of Huntington Beach Receipt 2000 Main Street Huntington Beach , CA 92648 714-536-5200 June 26, 2008 Golf Realty Fund 180 Newport Center Drive, #219 Receipt Number 120602 Cashier Batch # 20080626000PC2244 Newport Beach CA 92660 Dept . of Issuance Planning Department Amount Paid $32,948 00 Permit / License # 20080122 Payment Method Check Amount Outstanding $0 00 Fee Amount Paid Automation Fee $1,298 00 GPA General Plan Amend - Major $31,65000 City of Huntington Beach Receipt Byron Be 7adkn Golf Realty Fund 180 Newport Center Drive, #219 Receipt Number Cashier Batch # 120603 20080626000PC2244 Newport Beach CA 92660 Dept . of Issuance Planning Department Amount Paid $9,635 50 Permit / License #20080122 Payment Method Check Fee Amount Paid Amount Outstanding ' $0 00 Automation Fee $759 00 ZMA Zoning Map Ainend $8,876 50 2000 Main Street Huntington Beach , CA 92648 714-536-5200 June 26, 2008 0 I.2.1• UP) -Pf-- laT 1z7 - zo FAA)(ArrD I' GRF GOLF REALTY FUND ONE UPPER NEWPORT PLAZA NEWPORT BEACH CALIFORNIA 92660 (949) 251-2025 (949) 251-2085 FAX 2S '/. (* 1 t,tito a )13 a"0 -t A-4A0 A'- 1D 3ir ( - -1i wQ .p b4Et )s - 4'ov"PV -, 'OT L-4 cia-Tr '( % LAND /L No ii rTs -to N(1 HAND DELIVERED Mr. Ricky Ramos Senior Planner City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 w "-1-- vim-December 27, 2008 fives IAN - (j -u;) RE: General Plan Amendment No 2008-003; Zoning Map Amendment No. 2008-003 and Tentative Parcel Map No. 2008-120 (Island Bay Lane Residential Parcel) - Between 19681 and 19711 Island Bay Lane Dear Mr Ramos: I am submitting on behalf of the applicant (Golf Realty Fund) this letter regarding the disposition of the above referenced application. Golf Realty Fund is prepared to withdraw its application provided the City of Huntington Beach agrees to refund not less than 75% of the following fees paid by Golf Realty Fund to the City of Huntington Beach on June 26, 2008: • The $31,650.00 General Plan Amendment - Major fee • The $8,876.50 Zoning Map Amendment fee • The $3,908.00 Tentative Marcel Map We are requesting the refund of these fees based on the following: • On June 26, 2008, Golf Realty Fund submitted applications, supporting documents (including a current Title Report) and the above referenced fees for GPA 2008-03, ZMA 2008-003 and TPM 2008-120 • On July 21, 2008, the City of Huntington Beach informed Golf Realty Fund that following review by Plan Check Engineer Eric Haghani, no special conditions or code issues were identified for the proposed project • On July 22, 2008, the City of Huntington Beach informed Golf Realty Fund that its Community Services Department had no recommended conditions for the proposed project • On July 25 2008, the City of Huntington Beach provided Golf Realty Fund a Notice of Filing Status requesting the completion of a General Application form for the General Plan and Zoning Map Amendments; three copies of a preliminary soils report, one reduction of the tentative parcel map, a precise legal description of the subject property for use in the resolution and ordinance for the General Plan and Zoning Map amendments, public notification labels, and site photos on CD. Golf Realty Fund complied with each of these requests • On September 12, 2008, the City of Huntington Beach informed Golf Realty Fund of several code requirements deemed applicable to the proposed project with respect to Public Works • On September 16, 2008, the City of Huntington Beach copied Golf Realty Fund on its correspondence to the Native American Tribal Leaders pursuant to SB 18, and inquiring about the Native American Tribal Leaders interest in consulting with the City of Huntington Beach regarding the project. • On September 16, 2008, the City of Huntington Beach informed Golf Realty Fund that following review by Senior Civil Engineer Steve Bogart several development requirements were applicable to the proposed project prior to the recordation of the final parcel map. • On September 18, 2008, the City of Huntington Beach informed Golf Realty Fund that following review by Darin Maresh - Huntington Beach Fire Development Specialist - several code requirements with respect to environmental considerations were applicable to the proposed parcel prior to demolition, grading, site development, issuance of grading permits, and/or construction • On September 19, 2008, the City of Huntington Beach informed Golf Realty Fund by letter that its application had been deemed complete and advised us of a tentative Planning Commission Study Session date of September 23, 2008 and a Planning Commission Public Hearing on October 14, 2008 • On September 22, 2008, City Planner Ricky Ramos inquired with Golf Realty Fund whether any oil operations leases were currently in effect on the subject site GRF informed Mr. Ramos that no such leases were currently in force • On September 23, 2008, the City of Huntington Beach Planning Commission held a study session on the project application. No major concerns or issues were identified by the commission. • On September 26, 2008, the City of Huntington Beach informed Golf Realty Fund that following review by Senior Civil Engineer Steve Bogart several code requirements with respect to civil engineering were applicable to the proposed project. • On September 26, 2008, Golf Realty Fund requested by email to City Planner Ricky Ramos that the scheduled October 14, 2008 Planning Commission hearing on the parcel map application be postponed to October 28, 2008 due to scheduling conflicts of Golf Realty Fund's authorized agent The postponement request was granted by the City of Huntington Beach on September 28, 2008 • On October 10, 2008, City Planner Ricky Ramos communicated by email to Golf Realty Fund and its authorized agent informing the applicant of a January 28, 1992 Action by the Huntington Beach Planning Commission with respect to the approval of Zone Change 90-13, Tentative Tract Map No. 14244 and Variance No. 90-41. As part of its approval, the Planning Commission imposed conditions of approval requiring red curbs and fire hydrant placement in front of "view corridors" at the west and east cul de sacs of Island Bay Lane A I I • On October 15, 2008, City Planner Ricky Ramos submitted by email a draft staff report relative to Golf Realty Fund's application, and informed Golf Realty Fund and its authorized agent that the City Planning Staff would not be able to recommend approval of Golf Realty Fund's application based on the January 28, 1992 conditions of approval with respect to Zone Change 90-13, Tentative Tract Map No. 14244 and Variance No 90-41, which, in part, created a view corridor on the portion of the Seacliff Golf Course that is the subject of Golf Realty Fund's application Golf Realty Fund is concerned that the January 28, 1992 action by the Huntington Beach Planning Commission with respect to approval of the Island Bay Tentative Tract Map created view corridor easements on portions of the Seacliff Golf Course property. Notwithstandin the view corridor desi ations the view corridor desi ations ARE NOT identified b s bol markin s or written le al descn tion on the recorded Final Tract Ma No 14244 In addition the view corridor easements ARE NOT identified b s bol mark or written le al descri tion on the recorded Final Parcel Ma of the Seacliff Golf Course. Nor are the view corridor easements identified in the Grant Deed and Title Re ort of the Seacliff Golf Course Parcel. Golf Realty Fund respects the concerns of the existing Island Bay Lane residents that the view corridor conditions of approval be preserved. However we believe the Cit of Huntin on Beach's failure to notate the view corridors on Final Tract Ma No. 14244 combined with the absence of an view corridor easements notated on the existin recorded Seacliff Golf Course Final Parcel Ma or in the Seacliff Golf Course Grant Deed and Title Re ort recluded Golf Realt Fund from haven information that clearl would have led to a decision b Golf Real Fund not to file its a lication for General Plan Amendment No. 2008-003- Zonin 7 Ma Amendment No. 2008-003 and Tentative Parcel Ma No. 2008-120. We therefore respectfully request the reimbursement of at least 75% of the previously mentioned fees paid to the City of Huntington Beach by Golf Realty Fund relative to the referenced application. Upon written agreement by the City of Huntington Beach, Golf Realty Fund will withdraw its application for General Plan Amendment No. 2008-003, Zoning Map Amendment No. 2008-003 and Tentative Parcel Map No. 2008-120. Thank you. Sincerely, B . de Arakal A onzed Agent for Golf Realty Fund GRF GOLF REALTY FUND ONE UPPER NEWPORT PLAZA NEWPORT BEACH CALIFORNIA 92660 (949) 251-2025 (949) 251-2085 FAX December 27, 2008 HAND DELIVERED Mr. Ricky Ramos Senior Planner City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 JAN - 6 2309 RE: General Plan Amendment No. 2008-003; Zoning Map Amendment No. 2008-003 and Tentative Parcel Map No. 2008-120 (Island Bay Lane Residential Parcel) - Between 19681 and 19711 Island Bay Lane Dear Mr. Ramos: I am submitting on behalf of the applicant (Golf Realty Fund) this letter regarding the disposition of the above referenced application. Golf Realty Fund is prepared to withdraw its application provided the City of Huntington Beach agrees to refund not less than 75% of the following fees paid by Golf Realty Fund to the City of Huntington Beach on June 26, 2008: • The $31,650.00 General Plan Amendment - Major fee • The $8,876.50 Zoning Map Amendment fee • The $3,908.00 Tentative Marcel Map We are requesting the refund of these fees based on the following- • On June 26, 2008, Golf Realty Fund submitted applications, supporting documents (including a current Title Report) and the above referenced fees for GPA 2008-03, ZMA 2008-003 and TPM 2008-120 • On July 21, 2008, the City of Huntington Beach informed Golf Realty Fund that following review by Plan Check Engineer Eric Haghani, no special conditions or code issues were identified for the proposed project • On July 22, 2008, the City of Huntington Beach informed Golf Realty Fund that its Community Services Department had no recommended conditions for the proposed project. • On July 25. 2008, the City of Huntington Beach provided Golf Realty Fund a Notice of Filing Status requesting the completion of a General Application form for the General Plan and Zoning Map Amendments; three copies of a preliminary soils report; one reduction of the tentative parcel map; a precise legal description of the subject property for use in the resolution and ordinance for the General Plan and Zoning Map amendments; public notification labels, and site photos on CD. Golf Realty Fund complied with each of these requests. • On September 12, 2008, the City of Huntington Beach informed Golf Realty Fund of several code requirements deemed applicable to the proposed project with respect to Public Works • On September 16, 2008, the City of Huntington Beach copied Golf Realty Fund on its correspondence to the Native American Tribal Leaders pursuant to SB 18, and inquiring about the Native American Tribal Leaders interest in consulting with the City of Huntington Beach regarding the project. • On September 16, 2008, the City of Huntington Beach informed Golf Realty Fund that following review by Senior Civil Engineer Steve Bogart several development requirements were applicable to the proposed project prior to the recordation of the final parcel map. • On September 18, 2008, the City of Huntington Beach informed Golf Realty Fund that following review by Darin Maresh - Huntington Beach Fire Development Specialist - several code requirements with respect to environmental considerations were applicable to the proposed parcel prior to demolition, grading, site development, issuance of grading permits, and/or construction. • On September 19, 2008, the City of Huntington Beach informed Golf Realty Fund by letter that its application had been deemed complete and advised us of a tentative Planning Commission Study Session date of September 23, 2008 and a Planning Commission Public Hearing on October 14, 2008 • On September 22, 2008, City Planner Ricky Ramos inquired with Golf Realty Fund whether any oil operations leases were currently in effect on the subject site. GRF informed Mr. Ramos that no such leases were currently in force. • On September 23, 2008, the City of Huntington Beach Planning Commission held a study session on the project application. No major concerns or issues were identified by the commission. • On September 26, 2008, the City of Huntington Beach informed Golf Realty Fund that following review by Senior Civil Engineer Steve Bogart several code requirements with respect to civil engineering were applicable to the proposed project. • On September 26, 2008, Golf Realty Fund requested by email to City Planner Ricky Ramos that the scheduled October 14, 2008 Planning Commission hearing on the parcel map application be postponed to October 28, 2008 due to scheduling conflicts of Golf Realty Fund's authorized agent. The postponement request was granted by the City of Huntington Beach on September 28, 2008. • On October 10, 2008, City Planner Ricky Ramos communicated by email to Golf Realty Fund and its authorized agent informing the applicant of a January 28, 1992 Action by the Huntington Beach Planning Commission with respect to the approval of Zone Change 90-13, Tentative Tract Map No. 14244 and Variance No. 90-41 As part of its approval, the Planning Commission imposed conditions of approval requiring red curbs and fire hydrant placement in front of "view corridors" at the west and east cul de sacs of Island Bay Lane. • On October 15, 2008, City Planner Ricky Ramos submitted by email a draft staff report relative to Golf Realty Fund's application, and informed Golf Realty Fund and its authorized agent that the City Planning Staff would not be able to recommend approval of Golf Realty Fund's application based on the January 28, 1992 conditions of approval with respect to Zone Change 90-13, Tentative Tract Map No. 14244 and Variance No. 90-41, which, in part, created a view corridor on the portion of the Seacliff Golf Course that is the subject of Golf Realty Fund's application. Golf Realty Fund is concerned that the January 28, 1992 action by the Huntington Beach Planning Commission with respect to approval of the Island Bay Tentative Tract Map created view corridor easements on portions of the Seacliff Golf Course property. Notwithst andin the view corridor desi ations the view corridor desi ations ARE NOT identified b s bol markin s or written le al descri tion on the recorded Final Tract Ma No 14244. In addition the view corridor easements ARE NOT identified b s bol mark or written le al descri tion on the recorded Final Parcel Ma of the Seacliff Golf Course Nor are the view corridor easements identified in the Grant Deed and Title Re ort of the Seacliff Golf Course Parcel. Golf Realty Fund respects the concerns of the existing Island Bay Lane residents that the view corridor conditions of approval be preserved. However we believe the Cit of Huntin on Beach's failure to notate the view corridors on Final Tract Ma No. 14244 combined with the absence of an view corridor easements notated on the existin recorded Seachff Golf Course Final Parcel Ma or in the Seacliff Golf Course Grant Deed and Title Re ort recluded Golf Realt Fund from havin information that clearl would have led to a decision b Golf Realt Fund not to file its a lication for General Plan Amendment No. 2008-003- Zonin Ma Amendment No. 2008-003 and Tentative Parcel Ma No. 2008-120. We therefore respectfully request the reimbursement of at least 75% of the previously mentioned fees paid to the City of Huntington Beach by Golf Realty Fund relative to the referenced application. Upon written agreement by the City of Huntington Beach, Golf Realty Fund will withdraw its application for General Plan Amendment No. 2008-003 ; Zoning Map Amendment No 2008-003 and Tentative Parcel Map No . 2008-120. Thank you Sincerely, B o . de Arakal A onzed Agent for Golf Realty Fund Ramos, Ricky From: Ramos, Ricky Sent: Thursday, December 18, 2008 9 25 AM To: 'Byron de Arakal' Subject : Response to Questions Byron - As I mentioned during our phone conversation about a week ago or so Page 1 of 1 1 Planning staff will not be able to support a lot line adjustment (LLA) involving the view corridor on the golf course and the abutting home(s) without processing a General Plan Amendment and Zoning Map Amendment because we would not want to create any parcel that has split General Plan and/or zoning designations In addition, the LLA would not meet the findings in HBZSO Sec 250 14(B)(3) regarding resulting parcels conforming to zoning because the OS-PR zone requires a minimum lot area of 5 acres 2 From what we can tell from the project file and other research, the only use we can allow on the view corridor is just that - a view corridor Any proposed improvements such as a swimming pool as you had mentioned in our opinion would not meet the intent of the approval and the view corridor I hope I have answered your questions Let me know if you need further assistance R Ramos HB Planning Dept (714) 536-5624 3/27/2009 City of Huntington Beach Planning Department STUDY SESSION REPORT HUNTINGTON BEACH TO: FROM: BY: DATE: Planning Commission Scott Hess , AICP, Director of Planning Ricky Ramos , Senior Planner#- September 23, 2008 SUBJECT: GENERAL PLAN AMENDMENT NO. 08-003/ZONING MAP AMENDMENT NO. 08-003 /TENTATIVE PARCEL MAP NO. 08-120 (Island Bay Lane Residential Parcel) LOCATION: Portion of Seachff Golf Course between 19681 and 19711 Island Bay Lane, 92648 (Northeast corner of Island Bay Lane) PROJECT RE UEST AND SPECIAL CONSIDERATIONS General Plan Amendment No. 08-003 is a request to amend the General Plan Land Use Element designation from OS-CR (Open Space - Commercial Recreation) to RL-7 (Residential Low Density - Max. 7 du/ac) on a proposed 0.33 acre parcel. Zonin Ma Amendment No. 08-003 is a request to amend the zoning designation from OS-PR-O (Open Space - Parks and Recreation - Oil Production Overlay District) to RL (Residential Low Density) on a proposed 0.33 acre parcel. Tentative Parcel Ma No. 08-120 is a request to create a 0.33 acre parcel from a portion of Seacliff Golf Course for future residential use. The proposed parcel is currently a part of Seacliff Golf Course. It has frontage along Island Bay Lane and abuts single family residential use both to the east and west. The proposed parcel is separated from the golf course by an approximately 60 foot wide heavily landscaped slope and is at about the same elevation as the abutting single family dwellings. If the request is approved the new RL General Plan and zoning designations will permit residential development at a maximum density of one dwelling unit per 6,000 square feet (s.f.) of lot area consistent with the surrounding residential uses. According to the applicant the proposed use for the site is for the development of a single family dwelling which would typically require only a building permit and compliance with all applicable code requirements including Section 230 22 (Residential Infill Lot Developments) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) where compatibility issues like window alignment are addressed. However, based on the existing topography shown on Tentative Parcel Map No. 08-120 development of the subject site will require a Conditional Use Permit to the Zoning Administrator because the site has a grade differential of over three feet between the low and high points as well as for any proposed retaining wall #SS-A2 that involves a fill greater than two feet. Based on the proposed lot size of 0.33 acres or 14,228 s.f., a second unit may be proposed (14,228 s.f. lot - 6,000 s.f. density factor = 2.37 dwelling units) on the subject site. Two or more dwelling units on a site is considered multi-family residential and will require a Conditional Use Permit to the Zoning Administrator in the RL zone. There are several properties within a half mile of the subject site that are comparable in size to the proposed parcel. CURRENT LAND USE HISTORY OF SITE ZONING AND GENERAL PLAN DESIGNATIONS LOCATION-GENERAL PLAN ZON ING LAND USE Subject Property:OS-CR (Open Space -OS-PR-O (Open Space -Golf Course Commercial Recreation)Parks and Recreation - Oil Production Overlay District North of Subject OS-CR OS-PR-O Golf Course Pro e : West, East, and RL-7 (Residential Low RL (Residential Low Single Family South (across Island Density - Max. 7 du/ac)Density), RL-O1 Residential Bay Lane) of Subject (Residential Low Density - Property:Oil Production Overlay District) APPLICATION PROCESS AND TIMELINES DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE S : General Plan Amendment - Not Applicable Not Applicable Zoning Map Amendment - Not Applicable Not Applicable Tentative Parcel Map - September 19, 2008 November 8, 2008 (Within 50 days from Exemption Determination) General Plan Amendment No. 08-003, Zoning Map Amendment No 08-003, and Tentative Parcel Map No. 08-120 were filed on June 26, 2008 and deemed complete on September 19, 2008. The application is tentatively scheduled for the Planning Commission meeting of October 14, 2008. CE A ANALYSIS /REVIEW The request is Catego rically Exempt pursuant to the following sections of the California Environmental Quality Act (CEQA): 1) Section 15061(b)(3) which states that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. PC Study Session Report - 09/23/08 -2- (08sr45 GPA 08-03 ZMA 08-03 TPM 08-120) 2) Section 15303, Class 3 which exempts the construction of limited numbers of new structures including up to three single-family residences in an urbanized area. 3) Section 15315, Class 15 which exempts the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the subdivision is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. COMMENTS FROM CITY DEPARTMENTS AND OTHER PUBLIC AGENCIES The Building and Safety, Community Services, and Police Departments have reviewed the request and do not have any concerns. The Community Services Department has indicated that the subject property is not included in the city's park/open space inventory. The Planning Department has reviewed the application and identified applicable code requirements. The Code Requirements letter was transmitted on Sept. 12, 2008 and is attached for informational purposes (Attachment No. 6). The Public Works and Fire Departments are still reviewing the request and have not provided any comments to date. If comments are received from either department they will be transmitted to the Planning Commission as an attachment to the staff report. PUBLIC MEETINGS COMMENTS AND CONCERNS No public meetings have been held regarding the request. The applicant has indicated that they intend to contact the neighbors to explain the request prior to the Planning Commission public hearing. PLANNING ISSUES The primary issues to consider in conjunction with this request relate to the findings necessary to approve the request which mainly pertain to compatibility with the surrounding land uses, conformance with General Plan and its goals, policies, and objectives as well as suitability of the site for the single family residential development proposed. ATTACHMENTS: 1. Vicinity Map 2. Current and Proposed General Plan Designations (with surrounding designations) 3. Current and Proposed Zoning Designations (with surrounding designations) 4. Tentative Parcel Map No. 2008-120 dated June 26, 2008 5. Project Narrative dated June 26, 2008 6. Code Requirements Letter dated September 12, 2008 (for informational purposes only) PC Study Session Report - 09/23/08 -3- (08sr45 GPA 08-03 ZMA 08-03 TPM 08-120) • Tentative Parcel Map No. 20080 -120 / Summary & Application Attachment The subject property (proposed Parcel 1) is a portion of Parcel A (Parcel No . 023-181 -73; Tract No. 14244), as described in that certain Conditional Certificate on Compliance No. 96-1, recorded February 28, 1996 as instrument No. 19960095322 of the official records of Orange County, California. The existing use of the subject property is Open Space, with an existing General Plan designation of Open Space-Commercial Recreation. The subject property is currently zoned Open Space- Parks and Recreation. The Tentative Parcel Map No. 2008-20 creates a separate 14,228.42 sq.ft. (0.33 acre) parcel from a portion of Parcel A, with a proposed General Plan designation of Low Density Residential (RL) and Zoning Map designation of Low Density Residential (RL). The proposed use is for the development of a low-density, single-family site. Proposed Parcel 1 has direct access from and abuts Island Bay Lane, with two existing single- family homes on two sides. Parcel 1 is separated from SeaCliff Golf Course by an approximately 60' wide, heavily landscaped steep slope which extends the entire length of Parcel l's proposed boundary with SeaCliff Country Club. Moreover, Parcel 1 shares the same approximate elevation as the adjacent single-family homes, and is approximately 16.5' below the adjacent SeaCliff Country Club fairway. All utilities including water, sewer and electricity are currently stubbed into Parcel 1 from Island Bay Lane. Golf Realty Fund on de al / Authorized Agent for Golf Realty Fund /Z "q I I . I I I . , , I ,, , . . , d . . . I I IDate9 •t I I ' I 1 I I S 1 1 I I II I t I I 1 ATTACHMENT NO.~- •• Cit y of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING September 12, 2008 Byron De Arakal 180 Newport Center Drive, Suite 219 Newport Beach, CA 92660 SUBJECT: GENERAL PLAN AMENDMENT NO. 2008-003/ZONING MAP AMENDMENT NO. 2008-003/TENTATIVE PARCEL MAP NO. 2008-120 (ISLAND BAY LANE RESIDENTIAL PARCEL) - BETWEEN 19681 AND 19711 ISLAND BAY LANE PROJECT IMPLEMENTATION CODE REQUIREMENTS Dear Applicant, In order to assist you with your development proposal, staff has reviewed the project and identified applicable city policies, standard plans, and development and use requirements, excerpted from the City of Huntington Beach Zoning & Subdivision Ordinance and Municipal Codes This list is intended to help you through the permitting process and various stages of project implementation It should be noted that this requirement list is in addition to any "conditions of approval" adopted by the Planning Commission. Please note that if the design of your project or site conditions change, the list may also change. The attached project implementation code requirements may be appealed to the Planning Commission as a matter separate from the associated entitlement(s) within ten calendar days of the approval of the project pursuant to the Huntington Beach Zoning and Subdivision Ordinance Section 248 24 The appeal fee is $494.00 If you would like a clarification of any of these requirements, an explanation of the Huntington Beach Zoning & Subdivision Ordinance and Municipal Codes, or believe some of the items listed do not apply to your project, and/or you would like to discuss them in further detail, please contact me at 714-536-5624 or rramos surfcit -hb or Sincerely, 0 Ricky Ramos Senior Planner Enclosure cc Herb Fauland, Planning Manager Jason Kelley, Planning Department Golf Realty Fund, Property Owner Project File G \Ramos\island Bay\Letters\Code Requirements Cover Letter (Island Bay) doc ATTACHMENT NO._ce.' Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb org RE: General Plan Amendment. 08-003/Zo ni ng Map Amendment No:8-003 /Tentativ... Page 1 of I Ramos, Ricky From: Ramos, Ricky Sent: Wednesday, February 04, 2009 8 39 AM To: Tomaino, Dominick' Subject. RE General Plan Amendment No 08-003/Zo ning Map Amendment No 08-003/Tentative Parcel Map No 08- 120 (Island Bay Residential) The applicant has submitted a request for a refund of a portion of their application fee which we are currently processing They have indicated that once they receive the refund they will withdraw the application Fro m: Tomaino, Dominick [mailto DT120759@ncr com] Sent : Monday, November 17, 2008 12:34 PM To: Ramos, Ricky Subject : RE' General Plan Amendment No. 08-003/Zoning Map Amendment No 08-003/Tentative Parcel Map No. 08-120 (Island Bay Residential) Ricky, Thanks, Also please keep me updated We don't need anything falling through the cracks. Best Regards, Nick Dominick A 'Nick ' Tomarno Territory Manager Southwest Region Account Manager, In-N-Out Burger NCR Worldwide Customer Services 714 -654 -1230 Cell 714-845-1144 Office From: Ramos, Ricky [mailto rramos@surfcl -hb org] Sent : Monday, November 17, 2008 10.42 AM To: Tomaino, Dominick Subject : General Plan Amendment No 08-003/Zoning Map Amendment No. 08-003/Tentative Parcel Map No. 08-120 (Island Bay Residential) Nick - The property owner for Seacliff golf course is listed as Golf Realty Fund out of Newport Beach, CA The property owner's authorized agent for this application is Byron De Arakal He is the one I am dealing with directly Let me know if you need further assistance R Ramos HB Planning Dept (714) 536-5624 2/4/2009 -----Original Message----- 0Irk From: Ramos, Ricky Sent: Monday, July 07, 2008 11:12 AM To: Bogart, Steve; Dominguez, Dave; Caldwell, Lee W.; Small, Ken; Caraig, Gerald; Ramos, Ricky Subject: Attention: Planning Application: 20080122 Please enter your comments for this Entitlement application by or before 07/25/2008. Attached is a template you can use to provide your co mments. 2 • 0 Ramos, Ricky Page 1 of I From: Ramos, Ricky Sent: Tuesday, September 16, 2008 9 25 AM To: Anthony Morales (ChiefRBwife@aol com), Sam Dunlap (office@tongvatrlbe. net), Anthony Rivera (arlvera@juaneno com), Adolph Sepulveda (bssepul@yahoo.net) Subject: Notice of Opportunity for Tribal Consultation Pursuant to SB 18 Attachments: Tribal Consultation Letter 091608 pdf, PA2008-122 (g) JPG, PA1008-122 (a) JPG; PA2008- 122 (b) JPG, PA2008-122 (f) JPG, VICINITY MAP DOC, TTM 2008-120 19707 Island Bay pdf Good Morning - As outlined in the attached cover letter the Planning Dept of the City of Huntington Beach is processing General Plan Amendment No 08-003, Zoning Map Amendment No 08-003, and Tentative Parcel Map No 08-120 and would like to inquire if you would like to participate in consultation with the city pursuant to SB 18 The project site is a portion of the existing Seacliff Golf Course which fronts on Island Bay Lane between the existing homes located at 19681 and 19711 Island Bay Lane, Huntington Beach, CA 92648 Please review the attached cover letter, vicinity map, aerial, site photos, and tentative map and let me know if you have any questions Thank you for your time R Ramos HB Planning Dept (714) 536-5624 11/21/2008 P Ramos, Rick From: Sent: To: Subject: Attachments: Ramos, Ricky Thursday, September 18, 2008 1 41 PM 'Byron de Arakal' FW Attention. Planning Application: 20080122 (GPA No 08-03/ZMA No. 08-03/TMP No. 08-120 Island Bay Lane Single Family Residential Lot) Island Bay Residential PA# 2008-122 DM 9-18-08.doc Island Bay esidential PA# 200. Fire Dept. comments are attached. -----Original Message----- From: Maresh, Darin Sent: Thursday, September 18, 2008 11:06 AM To: Ramos, Ricky Subject: RE: Attention: Planning Application: 20080122 (GPA No. 08-03/ZMA No. 08-03/TMP No. 08-120 Island Bay Lane Single Family Residential Lot) Darin Maresh Fire Development Specialist Huntington Beach Fire Department Office: (714)536-5531 Fax: (714)374-1551 dmaresh@surfcity-hb.org a template you can use to provide your comments. 1 {S Ramos, Rick From: Sent: To: Subject: Attachments: chp220 pdf (21 KB) Ramos, Ricky Tuesday, September 16, 2008 3.13 PM Maresh, Darin FW Attention Planning Application 20080122 (GPA No 08-03/ZMA No 08-03/TMP No. 08-120 Island Bay Lane Single Family Residential Lot) chp22O pdf ello Darin - I just wanted to check one last time if Fire has any code requirements, conditions, or comments regarding this request? This is the proposed parcel next to the Seacliff Golf Course for future development of a single family dwelling. This item is scheduled for study session by the Planning Commission on 9/23 and hearing on 10/14. It would be great to get Fire comments, if any, this week so they can be transmitted to the applicant well ahead of the public hearing. Let me know if you have any questions. -----Original Message----- From: Ramos, Ricky Sent: Wednesday, September 03, 2008 3:44 PM To: Maresh, Darin Subject: FW: Attention: Planning Application: 20080122 Darin - Thank you for your voice mail the other day. I'm glad that seeing that existing fire hydrant in the photos I sent you addresses your concerns regarding the project. The subject site, like the rest of the golf course, has an 0 District zoning overlay designation which is regulated in Chapter 220 of the zoning code. I have attached Chapter 220 (Oil Production Overlay District) for your info. Section 220.08 refers to not allowing any land division (such as the application we are looking at) unless it is in accord with a plan for the disposition or treatment of any existing or proposed oil wells or oil operations. I did not see any oil operations from the photos/aerial. Do you know if there are any existing oil wells on the site that would trigger this requirement? If so this is probably something that should be identified in Fire's co mment memo. Section 220.12 also refers to no subdivision or developing occurring without compliance with Fire requirements including, but not limited to oil well abandonment and contaminated soil remediation. Would it also be appropriate to identify these Fire Dept. requirements in the memo from Fire so I can forward it to the applicant? The goal is to identify as many applicable code requirements now so that the applicant is informed as early as possible to avoid last minute surprises particularly if it is a big ticket item. -----Original Message----- From: Ramos, Ricky Sent: Wednesday, August 27, 2008 11:15 AM To: Maresh, Darin Subject: FW: Attention: Planning Application: 20080122 Good Morning Darin - This was a request that I had routed to Lee back on July 7. I did not get any co mments from him. I wanted to make sure you knew about it in case there are Fire Dept. co mments. Basically, it is a request to create a parcel from the Seacliff golf course for the development of a new single family residence (see attached map exhibit). I expect to take this to the Planning Commission for action in Oct. and will need any Fire comments by the week of Sept. 15. Let me know if you would like me to send you a large print of the tentative parcel map or if you have any questions. Thanks. 1 Page 1 of I Ramos, Ricky From: Ramos, Ricky Sent: Tuesday, September 16, 2008 2:50 PM To: 'Byron de Arakal' Subject: FW GPA 08-03 ZMA 08-03 TPM 2008-120 PA 2008-0122 (Island Bay Lane) - PW comments Attachments: TPM 2008-120 PA 08-122 (Island Bay) Dev Req 9-16-08.pdf See attached code requirements from Public Works From: Bogart, Steve Sent : Tuesday, September 16, 2008 2:24 PM To: Ramos, Ricky Subject : GPA 08-03 ZMA 08-03 TPM 2008-120 PA 2008-0122 (Island Bay Lane) - PW comments Ricky, Please see the attached comments from Public Works on GPA 08-03 ZMA 08-03 TPM 2008-120 PA 2008-0122 (Island Bay Lane). A hard copy of this response will also be sent via interoffice mail as well as a copy attached to the corresponding Cityview file. Please feel free to contact me with any related questions or concerns. Thank you, Steven Bogart Senior Civil Engineer Public Works Engineering xt 1692 9/16/2008 i/J Byron de Arokol Communications 20 August 2008 MR. RICKY RAMOS Senior Planner City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 CityofHuntingtonBeach AUG 2 0 2008 RE: GPA No. 2008 -03/ZMA No. 2008 -03/TPM No. 2008 -120 (Island Bay Residential) Dear Ricky: On behalf of Golf Realty Fund, the applicant for the planning application referenced above, I am forwarding to you additional and updated information requested in your July 25, 2008 lett er. Specifically, please find with this letter: 1. 2. V 3. 4. v 5. V 6. A completed General Application form for the General Plan and Zoning Map amendments; Three copies of a preliminary soils report and engineering geology report ; A PDF file of Tentative Parcel Map No. 2008 -120 (on site photos CD); A precise legal description of the subj ect property ; Public notification labels (500' radius) Site photos on CD Please confirm receipt of these materials. If you have any questions or need additional information, please contact me. Sincerely, B on de Ara Byro e Arakal Communications Authorized Agent for Golf Realty Fund cc: Robert 0 Hill (Golf Realty Fund) Gino Mastantuano (Golf Realty Fund yid: iultgl'o ri Beach GEOTECHNICAL. INC AUG 2 0 2006 June 20, 2008 23241 Arroyo Vista Rancho Santa Margarita CA 92688 voice 949 888 6513 fax 949 888 1 380 web wwwgmugeo com Mr. Gino Mastantuono GOLF REALTY FUND I Upper Newport Plaza Newport Beach, CA 92660 GMU Project 08-072-00 Subject:Geotechnical Feasibility Study for Proposed Single-Family Residence at Parcel 1, Tentative Parcel Map No. 2008-120, City of Huntington Beach, California References:(1)"Tentative Parcel Map No. 2008-120 in the City of Huntington Beach, County of Orange, State of California," prepared by Adams- Streeter Civil Engineers, Inc., dated February 26, 2008 (2)"Rough Grading Plan for Well Island `R' Tract No. 14244, Sheet 2 of 3," prepared by Walden and Associates, dated November 24,1992 (Revision No. 5 dated March 15, 1996) (3)Seismic Hazard Zone Report for the Seal Beach 7.5-minute Quadrangle, Los Angeles and Orange Counties, California, 1998, California Division of Mines and Geology, Seismic Hazard Zone Report 020 Dear Mr. Mastantuono: GMU Geotechnical, Inc. (GMU) is pleased to submit this geotechnical feasibility letter pertaining to Parcel 1, Tentative Map No. 2008-120. The subject parcel is located on Island Bay Lane in the City of Huntington Beach, as indicated on the reference (1) plan. It is our understanding that Golf Realty Fund is currently planning to construct a single-family residence on the currently vacant parcel. The scope and purpose of this geotechnical feasibility letter is for GMU to provide Golf Realty Fund with general geotechnical site characteristics that may impact the planned site Mr. Gino Mastantuono GOLF REALTY FUND June 20, 2008 Page 2 PIJ Project 08-072-00 development. Our services were limited to a site reconnaissance, a review of files at the City of Huntington Beach, and a review of historic aerial photographs. Our services did not include any subsurface exploration or testing at the site. PLANNED DEVELOPMENT AND GRADING As discussed above, development of the subject parcel is proposed to consist of one single- family residence. Although a site plan is not available at this time, we assume that cuts and fills required for precise grading will not exceed about 5 feet since the property is already relatively flat (i.e., about 4 feet of relief). In addition to the single-family residence, it is assumed that the site plan will include other related improvements such as a driveway, hardscape, and landscape features. SITE RECONNAISSANCE AND EXISTING SITE CONDITIONS GMU performed a site reconnaissance on June 18, 2008, to observe surficial conditions at the property. The subject property is a graded lot adjacent to Island Bay Lane and Seacliff Golf Course. As shown on reference (1), the property is bordered by the following: • West : single-family residence at 19711 Island Bay Lane • South : single-family residence at 19681 Island Bay Lane • Southwest : Island Bay Lane • North and East : Seacliff Golf Course The site is relatively flat and has about 4 feet of relief. The bordering areas to the west, south, and east are at about the same grade; whereas the bordering off-site area to the north is an ascending 15-foot-high 2%2:1 slope within the Seacliff Golf Course. The parcel is predominantly I Mr. Gino Mastantuono GOLF REALTY FUND June 20, 2008 Page 3 i Project 08-072-00 covered by a lawn area, with perimeter drainage improvements. Finally, the parcel is separated from Island Bay Lane by an existing low block wall and tubular fence. AERIAL PHOTO REVIEW Stereographic pairs of historic aerial photographs were reviewed to assess past land uses and development near the site. Continental Aerial Photo, Inc. provided multiple sets of stereo-paired air photos ranging from 1953 through 1999. Beginning in 1953, the site was predominantly undeveloped, but may have been occupied by some agricultural use. By 1959, some oil wells and associated dirt roads had been constructed in areas surrounding the site. By 1967, the Seacliff Golf Course had been constructed, but large trees and vegetation were sparse. An enclosed oil field (i.e., fenced perimeter) and related oil production equipment were present near the subject parcel. The subject parcel is located approximately in the northeast corner of this enclosed oil field, which was present from at least 1967 through 1992. By 1970, the adjacent tract of homes to the southeast had been constructed. The tract of homes to the southwest of the subject parcel was constructed by 1973. In 1992, it appears that the oil production equipment had been removed from the enclosed oil field. Rough grading of Tract 14244 appears to have begun in 1993, and the homes within Tract 14244 were constructed by 1995. I Mr. Gino Mastantuono GOLF REALTY FUND June 20, 2008 Page 4 FiCW Project 08-072-00 REVIEW OF SITE RECORDS GMU performed a records search at the City of Huntington Beach, including searches at the Public Works Department and Building Department. Grading plans and geotechnical reports were requested for the adjacent Tract 14244 and Seacliff Golf Course. No records were available for the Seacliff Golf Course since that property had been developed in the 1960s. Although no geotechnical reports were available for Tract 14244, the City was able to provide GMU with a copy of the rough grading plan for Tract 14244 (reference (2)). The rough grading plan included grading on the subject parcel and adjacent lots. Based on our review of the reference (2) rough grading plan, it appears that less than 5 feet of cut and/or fill was performed in order to create the subject parcel. EXISTING GEOLOGIC CONDITIONS Subsurface Conditions Subsurface materials at the site can be summarized based on the site reconnaissance, the review of site records, and our review of published maps for the area. Based on our review of the reference (2) rough grading plan, we anticipate that the property is underlain by less than 5 feet of artificial fill. Furthermore, our review of the Seismic Hazard Zone Report for the Seal Beach Quadrangle (reference (3)) indicates that the site is underlain at depth by older alluvium and marine terrace deposits. These native materials generally consist of dense sand and silty sand. Mr. Gino Mastantuono GOLF REALTY FUND June 20, 2008 Page 5 J CW Project 08-072-00 Seismici Fault Ru ture and Ground Shakin No active or potentially active faults are known to cross the site; therefore, the potential for primary ground rupture due to faulting on-site is very low to negligible. However, the site will likely be subject to seismic shaking at some time in the future. The site is located about 1 km southwest of the Newport-Inglewood Fault Zone. Seismic design in accordance with the 2007 CBC should utilize a Site Class D. A site-specific probabilistic seismic hazard analysis yields a peak horizontal ground acceleration (PHGA) of 0.37g at a specified risk level of 10% chance of exceedence in 50 years (i.e., 475 yr ARP). Groundwater Historic high groundwater below the site is at least -40 feet deep according to the reference (3) seismic hazard report. We estimate that the typical groundwater level is at least 50 feet below the ground surface. Liquefaction Based upon a review of the Seismic Hazard Zone Report for the Seal Beach Quadrangle (reference (3)), the subject property is not located within a zone of required investigation for liquefaction. Furthermore, the deep groundwater table and presence of dense soil materials support the conclusion that liquefaction potential at the site is negligible. I Mr. Gino Mastantuono GOLF REALTY FUND June 20, 2008 Page 6 JJ GW Project 08-072-00 ANTICIPATED CORRECTIVE GRADING Although the proposed site precise grading is currently unknown, we anticipate that the building pad will be founded in artificial fill and older alluvium/marine terrace deposits. We anticipate that the shallow artificial fill (i.e., less than 5 feet) will need to be removed and recompacted during precise grading. Depending on the results of future site-specific exploration, the alluvial soils may also require minimal corrective grading in order to remove the uppermost soils that may be weathered, low-density , saturated, or dry. EXPANSION POTENTIAL AND CORROSIVITY The expansion and corrosion potential of on-site soils is currently unknown due to the lack of available geotechnical reports for surrounding developments. However, based on the assumption that the on-site soils are a mixture of silt and sand, we anticipate that the soils will possess a low to medium expansion potential, negligible to moderate sulfate exposure to concrete, and mild to moderate corrosivity to ferrous metals. Each of these soil parameters should be verified by additional laboratory testing in order to develop final design recommendations for the planned improvements. ANTICIPATED FOUNDATION SYSTEM Based on our current understanding of the on-site geotechnical conditions, we anticipate that a typical two-story single-family residential structure can be supported on a conventional spread footing foundation system. Mr. Gino Mastantuono GOLF REALTY FUND June 20, 2008 Page 7 FEASIBILITY AND FUTURE ANALYSES 9'; T Project 08-072-00 Based upon our review , and contingent upon both an updated design-specific geotechnical foundation investigation, it is our opinion that the proposed single-family residence is feasible. Future geotechnical services will be required to develop grading and foundation recommendations, and to obtain grading and building permits. A site-specific subsurface exploration and testing program will also be needed in the future when the Site Plan becomes available. Future exploration, testing, and analyses will need to address the following geotechnical parameters: • Site preparation, remedial excavation, and precise grading requirements. • Suitability and depth of existing artificial fill. • Acceptability of the site soils for use as fill and back ill. • Foundation design, including types, depths, and bearing values. • Anticipated settlement of structures. • Lateral earth pressures and temporary slope requirements. • Site seismicity and seismic design parameters. • Concrete flatwork design. • Expansion potential and corrosivity. • Retaining/screen wall design parameters. • Installation of underground utilities. Mr. Gino Mastantuono GOLF REALTY FUND June 20, 2008 Page 8 fJ Project 08-072-00 Please do not hesitate to call if there are any questions or if you would like to discuss any aspect of this geotechnical feasibility letter. Three (3) wet signature copies submitted cc: O'Hill Partners Attn: Mr. Robert O'Hill /08-072-OOL (6-20-08) Respectfully submitted, GMU GEOTECHNICAL, INC. Aron R. Taylor, M.S., PG, CEG 2455 Project Engineering Geologist Gary Urban G.E. 2237 Geotechnical Engineer Tentative Parcel Map No. 20080 -120 / Summary & Application Attachment The subject property (proposed Parcel 1) is a portion of Parcel A (Parcel No . 023-181-73; Tract No. 14244), as desc ribed in that certain Conditional Certificate on Compliance No. 96-1, recorded February 28, 1996 as instrument No. 19960095322 of the official records of Orange County, California. The existing use of the subject property is Open Space, with an existing General Plan designation of Open Space-Commercial Recreation. The subject property is currently zoned Open Space- Parks and Recreation. The Tentative Parcel Map No. 2008-20 creates a separate 14,228.42 sq.ft. (0.33 acre) parcel from a portion of Parcel A, with a proposed General Plan designation of Low Density Residential (RL) and Zoning Map designation of Low Density Residential (RL). The proposed use is for the development of a low-density, single-family site. Proposed Parcel 1 has direct access from and abuts Island Bay Lane, with two existing single- family homes on two sides. Parcel 1 is separated from SeaCliff Golf Course by an approximately 60' wide, heavily landscaped steep slope which extends the entire length of Parcel l's proposed boundary with SeaCliff Country Club. Moreover, Parcel 1 shares the same approximate elevation as the adjacent single-family homes, and is approximately 16.5' below the adjacent SeaCliff Country Club fairway. All utilities including water, sewer and electricity are currently stubbed into Parcel 1 from Island Bay Lane. Golf Realty Fund on de al / Authorized Agent for Golf Realty Fund 6 iz o 0 •Date •••• .......... .... .. . go 0 City of Huntington Beach • 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING September 16, 2008 Subject Notice of Opportunity for Tribal Consultation Pursuant to SB 18 Dear Native American Tribal Leaders The Planning Department of the City of Huntington Beach is currently processing a request by Golf Realty Fund (property owner) to take a 0 33 acre (14,228 square feet) portion of the existing Seacl iff Golf Course and create a separate parcel for future development of a new house The request includes the following applications. 1) General Plan Amendment No 08-003 is a request to amend the General Plan Land Use Element designation from OS-CR (Open Space - Commercial Recreation) to RL-7 (Residential Low Density - Max 7 du/ac) on a proposed 0 33 acre parcel. 2) Zonin Ma Amendment No 08-003 is a request to amend the zoning designation from OS-PR-O (Open Space - Parks and Recreation - Oil Production Overlay District) to RL (Residential Low Density) on a proposed 0 33 acre parcel 3) Tentative Parcel Ma No 08-120 is a request to create a 0 33 acre parcel from a portion of Seacliff Golf Course for future residential use Location The project site is a portion of Seacliff Golf Course between 19681 and 19711 Island Bay Lane, Huntington Beach, CA 92648 We are contacting you pursuant to SB 18 to inquire if you would like to participate in consultation with the city regarding the application noted above The project is tentatively scheduled for the following meetings I Planning Commission study session on Tuesday September 23, 2008 at 5 p m 2 Planning Commission public hearing on Tuesday October 14, 2008 at 7 p.m. 3 City Council public hearing for final action on Monday November 17, 2008 at 6 p m Please let me know if you would like to request consultation by October 10, 2008 1 can be reached at (714) 536-5624 or rramos surfci -fib or if you have any questions Sincerely, Ricky Ramos Senior Planner Attachments I Vicinity Map 2 Aerial and Site Photos Distribution- I Anthony Morales, Chair, Gabrielino Tongva 2 Sam Dunlap, Secretary, Gabrielino Tongva 3 Anthony Rivera, Chair , Juaneno 4 Adolph Sepulveda, Chair, Juaneno Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org 09/15 /2008 14 58 FAX 916 657 5390 NAHC • NATIVE AMERICAN HERITAGE COMMISSION 916 CAPITOL MALL, ROOM 964 SACRAMENTO , CA 96814 (916) 65&6251 F0a(916)657-5980 Web Site www .nahe.ea.eov e-mail: da_naheapaobeii.lnc September 15, 2008 Mr. Ricky Ramos, Project Planner CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Sent by FAX to_ 714-374-1540 Number of pages: 2 • Re- Tri at Cons r Govemme t Code 52.3 6535 4 and 5562.5 S 1 P A e dme -003 or 0.33-ac e e Zo a Amend ent No. • I of e Califomi6 Dear Mr. Ramos 0001 Government Code §65352.3 requires local governments to consult with California Native American tribes identified by the Native American Heritage Commission (NAHC) for the purpose of protecting, and/or mitigating impacts to cultural places. The Native American Heritage Commission is the state agency designated for the protection of Native American Cultural Resources. Attached is a consultation list of tribes with traditional lands or cultural places located within the Project Area of Potential Effect (APE). As a part of consultation, the NAHC recommends that local governments conduct record searches through the NAHC and California Historic Resources Information System (CHRIS contact 916-653-7278 or www.o .ca gov) ) to determine it any cultural places are located within the area(s) affected by the proposed action. NAHC Sacred Lands File requests must be made in writing. All requests must include, county, USGS quad map name, township, range and section Local governments should be aware, however, that records maintained by the NAHC and-CHRIS are not exhaustive, and a negative response, to these searches does not preclude the existence of a cultural place. A tribe may be the only source of information regarding the existence of a cultural place. The Native American Heritage Commission works with Native American tribal governments regarding its identification of 'Areas of Traditional Use,' The Commission may adjust the submitted data defining the 'Area of Traditional Use' in accordance with generally accepted ethnographic, anthropological, archeological research and oral history. Also, the Area of Traditional Use is an issue appropriate for the government-to-government consultation process. o have any questions, please contact me at (916) 653-6251. incer , Dave Singleton Program Analyst Attachment : Native American Tribal Consultation List 09/15/2008 14:59 FAR 916 657 5390 NAHCNative American Tribal Consultation List • Orange County September 15, 2008 GabnelenolTonpva San Gabriel Band of Mission Anthony Morales, Chairperson PO Box 693 San Gabriel CA 91778 ChiefRBwife@aol.com (626) 286-1632 (626) 286-1758 - Home (626) 483-3564 cell Gabrielino Tongva Gabrieiino/t ongva Council / Gabrielino Tongva Nation Sam Dunlap, Tribal Secretary 761 Terminal Street; Bldg 1, 2nd floor Gabrielino Tongva Los Angeles , CA 90021 office @tongvatribe.net p . NfJ(213) 489-5001 - Office (909) 262-9351 - ce ll - Juaneno Band of Mission Indians Aciachemen Nation Anthony Rivera, Chairman 31411 -A La Matanza Street Juaneno San Juan Capistrano , CA 92675-2674 arivera@ juaneno.com 949-488-3484 949-488-3294 Fax Juaneno Band of Mission Indians Adolph "Bud" Sepulveda, Chairperson P.O. Box 25828 Juaneno Santa Ana , CA 92799 bssepul@yahoo.net 714-838-3270 714-914-1812 - CELL 9 This list Is current only as of the date of this document. Distribution of this list does not relieve any person of statuto ry responsibility as donned In Section 7060 5 01 the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list Is appucabte only for conautistion with Native Ame rican tribes under Government Code Section 6636 2.3. I2j002 0 0 City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING September 12, 2008 Byron De Arakal 180 Newport Center Drive, Suite 219 Newport Beach, CA 92660 SUBJECT: GENERAL PLAN AMENDMENT NO. 2008-003/ZONING MAP AMENDMENT NO. 2008-003/TENTATIVE PARCEL MAP NO. 2008-120 (ISLAND BAY LANE RESIDENTIAL PARCEL) - BETWEEN 19681 AND 19711 ISLAND BAY LANE PROJECT IMPLEMENTATION CODE REQUIREMENTS Dear Applicant, In order to assist you with your development proposal, staff has reviewed the project and identified applicable city policies, standard plans, and development and use requirements, excerpted from the City of Huntington Beach Zoning & Subdivision Ordinance and Municipal Codes This list is intended to help you through the permitting process and various stages of project implementation It should be noted that this requirement list is in addition to any "conditions of approval" adopted by the Planning Commission. Please note that if the design of your project or site conditions change, the list may also change. The attached project implementation code requirements may be appealed to the Planning Commission as a matter separate from the associated entitlement(s) within ten calendar days of the approval of the project pursuant to the Huntington Beach Zoning and Subdivision Ordinance Section 248.24 The appeal fee is $494 00 If you would like a clarification of any of these requirements, an explanation of the Huntington Beach Zoning & Subdivision Ordinance and Municipal Codes, or believe some of the items listed do not apply to your project, and/or you would like to discuss them in further detail, please contact me at 714-536-5624 or rramos surfcit -hb or Sincerely, t"_ Ricky Ramos Senior Planner Enclosure cc Herb Fauland, Planning Manager Jason Kelley, Planning Department Golf Realty Fund, Property Owner Project File G \Ramos\Jsland Bay\Letters\Code Requirements Cover Letter (island Bay) doc www.surfcity-hb orgPhone 714-536-5271 Fax 714-374-1540 I 0 HUNTINGTON BEACH DATE: PROJECT NAME: PLANNING APPLICATION NO. ENTITLEMENTS: HUNTINGTON BEACH PLANNING DEPARTMENT PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE OF PLANS: PROJECT LOCATION: PLAN REVIEWER: TELEPHONE/E-MAIL: PROJECT DESCRIPTION: SEPTEMBER 12, 2008 ISLAND BAY RESIDENTIAL PLANNING APPLICATION NO. 2008-122 GENERAL PLAN AMENDMENT NO. 2008-03/ZONING MAP AMENDMENT NO. 2008-03/TENTATIVE PARCEL MAP NO 2008-120 (ISLAND BAY RESIDENTIAL) JUNE 26, 2008 ISLAND BAY LANE RICKY RAMOS, SENIOR PLANNER 714-536-5624/RRAMOS@SURFCITY-HB.ORG GPA - To change the General Plan land use designation from OS-CR (Open Space - Commercial Recreation) to RL-7 (Residential Low Density - Max. 7 du/ac) on a 0.33 acre parcel. ZMA - To change the zoning designation from OS-PR-O (Open Space - Parks and Recreation - Oil Production Overlay District) to RL (Residential Low Density) on a 0.33 acre parcel. TPM - To create a 0.33 acre parcel from a portion of the Seacliff Golf Course for future residential use. The following is a list of code requirements deemed applicable to the proposed project based on plans stated above The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation but does not include all code requirements in the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. 1. Prior to submittal of the final parcel map to the Public Works Department for processing and approval, the following shall be required: a. Final parcel map review fees shall be paid, pursuant to the fee schedule adopted by resolution of the City Council (City of Huntington Beach Planning Department Fee Schedule). (HBZSO Section 254.16) b. Park Land In-Lieu Fees shall be paid pursuant to the requirements of HBZSO Section 254.08 - Parkland Dedications. The fees shall be paid and calculated according to a schedule adopted by City Council resolution (City of Huntington Beach Planning Department Fee Schedule). Page 2 of 3 2. Prior to submittal for building permits, the following shall be completed: a. A minimum of 14 days prior to submittal for building permits, an application for address assignment, along with the corresponding application processing fee and applicable plans (as specified in the address assignment application form), shall be submitted to the Planning Department. b. The applicant shall comply with Section 230.22 (Residential Infill Lot Developments) of the HBZSO. 3. The following conditions shall be completed prior to issuance of a grading permit: a. Blockwall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Planning Department. Double walls shall be avoided to the greatest extent feasible. Applicant shall coordinate with adjacent property owners and make reasonable attempts to construct one common property wall. If coordination between property owners cannot be accomplished, the applicant shall construct a six (6') foot high wall located entirely within the subject property and with a maximum two (2) inch separation from the property fine. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls located on the subject property. Any removal of walls on private residential property and construction of new common walls shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage b. The final map shall be recorded with the County of Orange. 4. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Construction equipment shall be maintained in peak operating condition to reduce emissions. b. Use low sulfur (0.5%) fuel by weight for construction equipment. c. Truck idling shall be prohibited for periods longer than 5 minutes. d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. e. Discontinue operation during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/ grading activity. g. All Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7.00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. 5. The Departments of Planning, Public Works, Fire, and Building and Safety shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Planning Director and Public Works Director shall be notified in writing if any changes to parcel map are proposed during the plan check process. Permits shall not be issued until the Planning Director and Public Works Director have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. Page 3 of 3 6. Tentative Parcel Map No. 2008-120 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Director of Planning pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date. 7. The project shall comply with all applicable requirements of the Municipal Code, Building & Safety Department and Fire Department, as well as all applicable local, State and Federal Codes, Ordinances and standards, except as noted herein 8 Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays 9. The applicant shall submit a check in the amount of $50 for the posting of a Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the Coun of Oran e and submitted to the Planning Department within two (2) days of the Planning Commission's action. 10. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 11. Tentative Parcel Map No. 2008-120 shall not become effective until General Plan Amendment No. 2008-003 and Zoning Map Amendment No 2008-003 have been approved by the City Council and are in effect. 12. Section 230.88 of the HBZSO requires the approval of a Conditional Use Permit for retaining walls that include a fill of more than two feet. 13 Section 230.70 of the HBZSO requires the approval of a Conditional Use Permit for development on lots with a grade differential of three feet or greater between the high and low points determined before rough grading. Ramos, Ricky From: Ramos, Ricky Sent: Friday, September 26, 2008 3 51 PM To: 'Byron de Arakal' Cc: 'Robert 0 Hill', 'Gino Mastantuono' Subject: RE Request for Planning Commission Hearing Reschedule Yes, your request for postponement to Oct 28 Planning Commission hearing has been granted. From: Byron de Arakal [mailto:byron@bdacommunications.com] Sent : Friday, September 26, 2008 3:37 PM To: Ramos, Ricky Cc: 'Robert 0 Hill'; 'Gino Mastantuono' Subject : Request for Planning Commission Hearing Reschedule... Impo rt ance: High Ricky We have noted that the City of Huntington Beach Planning Department has set the Planning Commission public hearing for GPA 08-003/ZMA 08-003 and TPM 08-120 (Island Bay Lane Residential Parcel) for Tuesday, October 14, 2008. As the authorized agent representing golf realty fund, I am requesting a postponement of the public hearing to Tuesday, October 28, 2008 1 have a standing business matter that conflicts with the October 14 hearing date that precludes me from attending the public hearing Please confirm that we are able to reschedule the hearing to October 28, 2008. Byron de Arakal Principal Byron de Arakal Communications Strategic conmau ications that inform advocate and persuade 180 Newport Center Dnve Suite 219 Newport Beach, CA 92660 v 949 706 3060 f 949 706 3080 in 714 227 4620 b ronabdacommuni ationscorn www bdacommunicatiom coin Page 1 of I Notice to recipient . I his e-mail is only meant for the intended recipient of the transmission, and mas be a confidential communication or a communication privileged by lass If .ou recened this e-mail in error , any reviess , use, dissemination , distribution , or copying of this e-mail is strictly prohibited . Please notify us immediatei, of the error by return e-mail and please delete this message from your system Thank ,on in advance for your cooperation 9/26/2008 Page 1 of 1 Ramos, Ricky From: Fauland, Herb Sent: Wednesday, September 24, 2008 11 06 AM To: Ramos, Ricky Cc: Wine, Linda Subject: RE Island Bay PC Meeting Date OK but get it in writing From: Ramos, Ricky Sent : Tuesday, September 23, 2008 5:50 PM To: Fauland, Herb Subject : Island Bay PC Meeting Date The applicant has verbally requested that we push the public hearing for Island Bay to Oct 28 because he will be out of town on Oct 14 Would that be acceptable? The downside is that Oct 28 would be the last meeting the PC can act on the project to meet mandatory processing so they lose the one meeting cushion they require R Ramos HB Planning Dept (714) 536-5624 9/26/2008 0 • From: Byron de Arakal [byron@bdacommunications.com] Sent: Tuesday, September 02, 2008 4:32 PM To: Ramos, Ricky Cc: 'Gino Mastantuono'; 'Robert 0 Hill' Subject : RE: GPA 08-03/ZMA 08-03/TMP 08-120 (Island Bay) My client agrees with the deletion of the Oil Production Overlay Byron de Arakal Principal Byron de Arakal Communications Strategic communications that inform advocate and persuade 180 Newport Center Drive Suite 219 Newport Beach, CA 92660 v 949 706 3060 f 949 706 3080 in 714 227 4620 by-wo2abdacommunicalions coin www bdacommumcations corn Page 1 of 1 Notice to recipient. This e-mail is only meant for the intended recipient of the transmission , and may be a confidential communication or a communication priv ileged by Ian If you received this e-mail in error , any review , use, dissemination , distribution , or copying of this e-mail is strictly prohibited Please notify us immediately of the error by return e-mail and please delete this message from your system Thank you in advance for your cooperation From : Ramos, Ricky [mailto:rramos@surfcity-hb.org] Sent: Friday, August 29, 2008 11:13 AM To: Byron@BDACommunications.com Subject : GPA 08-03/ZMA 08-03/TMP 08-120 (Island Bay) Good Morning Byron - I just wanted to let you know that the current zoning of the proposed parcel is OS-PR-O (Open Space - Parks and Recreation - Oil Production Overlay) The proposed zoning is RL (Residential Low Density) The staff recommendation is to delete the Oil Production Overlay Also, I asked Public Works and Fire once again for their comments Assuming I can deem the application complete after your recent resubmittal, I am looking at taking this to Planning Commission for study session on 9/23 at 5 00 p m and hearing on 10/14 We'll confirm that as we get closer Let me know if you have any questions R Ramos HB Planning Dept (714) 536-5624 file://G.\Ramos\Island Bay\Emails\Response to zoning 090208.htm 3/27/2009 TRIBAL CONSULTATION LIST RE UEST NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MALL, ROOM 364 SACRAMENTO, CA 95814 (916) 653-4082 (916) 657-5390 - Fax E-mail - nahc@pacbell net or 12- 0, L 7AN E JMfzGt 7 Ni-i &t'P-c tom Ti lProjectte: OF P LA lvr It--t brr c;,N Local Government:P t-"NI N G p m T . Contact Person P-I C•'1 P- Q C 1!'-t)53(o- 5(oat4 Phone Street Address Nut. rlN tcraN P.'fciCity Project Location: County Fax Zip q ______ (-11 -)-6-1 y -15 L40 City/Community'Pv rtt[aT1 Local Action Type: General Plan General Plan Element Specific Plan General Plan Amendment Specific Plan Amendment .-Pre-Planning Outreach Activity Project Description: 74-+ Il t4r NO..Oo% - 003 - Is p - . ,- P •wt1 Lo t.4 C0 MHwt=u t -s1h oN ol OS - Jz P•J I&--i-t;' 04,- 7 (H s i pi l t -t v/ ,aNSii i)01.t Sires 0.33 4L p-=1'' ® "7.ON I I.t 61 t F'1 Nb N tf-t- NO, moo '&- 00 3 -IS A W t:Q ''tZ st--tcl t` 1-OW t NGt l bh( t-Ic1 'P h o$- .- o Cop 't - 41 5OIL,Vt10PLAt;FrtLVIJ s1%;ir L. ww t s tl°' 1, p NO . 2•0 0 f3- I7-0 - IS fr I-V t$IAA`-T" -tom c #T J-_/ 0.33 .1'p 1 1°p-01+?t'Prr'to1J 01 /4A Pf 6r011V C.dt x- Ini t/+t"!r 41 b t fit'. V . NAHC Use Only Date Received Date Completed LD rl cON - 17Ot;loN D1= c L4rtP e,o C.OLAP PTV V--IatI.oq5 1 J.ND 1,91 II LSL-aN1;'t>#-1 L ,f tAN i'IIVE t J a(,I (."b 01 toti5 Native American Tribal Consultation lists are only applicable for consulting with California Native American tribes per Government Code Section 65352 3 3l a 16 p 1-I ctt onl W t-tp,wti b-1 pppL,i Gam' RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING GENERAL PLAN AMENDMENT NO. 08-03 WHEREAS, General Plan Amendment No. 08-03 proposes to amend the Land Use Plan by designating a +0.33 acre piece of real property generally located on the northeast corner of Island Bay Lane, as more particularly described on Exhibits "A" and "B" attached hereto, from OS-CR (Open Space - Commercial Recreation) to RL-7 (Residential Low Density - Max 7 units/net acre); 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. 08-03 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. 08-03; and The City Council finds that said General Plan Amendment No. 08-03 is necessary for the changing needs and orderly development of the community, is necessary to accomplish refinement of the General Plan, and is consistent with other elements of the General Plan. NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1: That the real property that is the subject of this Resolution (hereinafter referred to as the "Subject Property") is generally located on the northeast corner of Island Bay Lane in the City of Huntington Beach, and is more particularly described in the legal 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. 08-03, which amends the General Plan Land Use Designation for the subject area from OS-CR (Open Space - Commercial Recreation) to RL-7 (Residential Low Density - Max 7 units/net acre) is hereby approved. The Director of Planning is hereby directed to prepare and file an amended Land Use Map. A copy of said map, as amended, shall be available for inspection in Planning Department. 08-1803/26491 1 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2008. Mayor ATTEST: City Clerk REVIEWED AND APPROVED. City Administrator ATTACHMENTS Exhibit A Legal Description Exhibit B Sketch APP VED AS TO FORM: ry C ty Attorn y C)\W CAM-l\ INITIATED AND APPROVED- Planning Director 08-1803/26491 2 Sub ect Pro e al Descri tion General Plan Amendment No. 20080-03 Zoning Map Amendment No. 2008-03 Tentative Parcel Map No. 2008-120 PROPOSED PARCEL MAP NO. 2008-120, BEING A SUBDIVISION OF A SOUTH PORTION OF PARCEL A, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS DESCRIBED IN THAT CERTAIN CONDITIONAL CERTIFICATE OF COMPLIANCE NO. 96-1, RECORDED FEBRUARY 28, 1996 AS INSTRUMENT NO. 19960095322 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION DESCRIBED AS PARCEL 1 OF LOT LINE ADJUST MENT LL 00-05 WHICH RECORDED OCTOBER 10, 2000 AS INSTRUMENT NO. 20000541256 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. of UMM0 all LANET/Y NA [00.-1 20 -w Ev mE VICMY MAP PARC[L OOVN0U1 400E PLC 0.302001 ..-a:1111 0000000 40. 900A4 3 /R.Op.0.0 tort 71010'0!20 vA1V011 600014 OLOC0 51130000 luLL 001 EUMT00N 105004 00X(001 R000[D ROOK 01.10110. 110900 SURIACL 01NATION I0P 0' CUM OL*TON 5000000 P00 MAW. 01131500 1RE Nrortu0 001(10(7 3002[? 090 4; G Tentative Parcel Map Nof.' 2008-120 In the City of Huntington Beach County of Orange, State of California (FOR FINANCE AND CONVEYANCE PURPOSES ONLY) 11001 917 1, 0T s. fc4I T i°.l',9 rAI, i •111 j i' -• t 1 A 111t w ,+2.:' fv. , a ,'t1 4 LEI f •Li k • 4'01 ` POPT00 01 P=ACE M+T O[RWN 000011110X0C[R0NCA13 ON 011 NO 00-1 70000000 1FO fE 1004NSi1NYEM NO 10000000312 01 011000 RI D3 OFOV 1 05.10[ CWXn, 04.90X01 ASSESSORS PARCEL Na 003-101-75 EASEABPT NOTES ® SOC RS 2 1001 .101 01100100 1102 POUt Mull 7007050 2105.1*0 ONi.IL'1 002 NO 1020* CM 710/0-11 E.UENT15.0 , MPU IEN-% W W USAINCK" M COUrt. P *P 00*® 1µ9I1 (711000.000 OCC00507 M 1003 b 1115100.0N7 NO 93-0053022 O1Kt4 11000005 NOES 1 TOINL MIA 033 AC 2 00500(7 DOG 50105." 0047 00005[ S 7201050 USG am SPICE EI03100 200X01 0000000E CM130 500N00 PNO* 50[0110 7402 NO 11 5 P01CC 111011[3 PRD.ID 0 m 6[0002 - on a NUNI00CTO. 30001100 -00003 AV0N0 M1LI1 000591 - UIT Of NUMwC10N 6[001(11010000t - EWIIgN CNN95NN 001301 C0 1007001E - 000201 COwUMrA10500001 TN - ONE X,00000 002 - 301X0.1 00100.0. 003 m 0 0100100 1L000 1002010 ZONE 13 ZONt X LOT TASULAT1OM PARCEL NO AREA USE P4C0 1 011 .C OPEN SPACE OWNER/8l GOLF REALTY FUND I UPPER NEWPORT PLAZA NEWPORT BEACH 40 02860 en .06 011 0 X01 - -OM, 70210O 0010 F1FiB5AAED BY. 701902 [0 0X0011 Irt WOEITN510N +N. 0000!50.0 0110 DATE PFEPAfIED 02-20-2006 wtt PLOT DATE 05-08-08 co • ORDINANCE NO. ,A t-t C* pt i AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING DISTRICT MAP 3 (SECTIONAL DISTRICT MAP 3-6-11) TO REZONE THE REAL PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF ISLAND BAY LANE FROM OS-PR-O (OPEN SPACE - PARKS AND RECREATION - OIL PRODUCTION OVERLAY DISTRICT) TO RL (RESIDENTIAL LOW DENSITY) (ZONING MAP AMENDMENT NO. 08-03) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Map Amendment No. 08-03, which rezones the property generally located at the northeast corner of Island Bay Lane from OS-PR-O (Open Space - Parks and Recreation - Oil Production Overlay District) to RL (Residential Low Density); and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That the real property that is the subject of this Ordinance (hereinafter referred as the "Subject Property") is generally located at the northeast corner of Island Bay Lane and is more particularly described in the legal description and sketch attached hereto as Exhibits A and B, respectively, and incorporated by reference as though fully set forth herein. SECTION 2. That the zoning designation of the Subject Property is hereby changed from OS-PR-O (Open Space - Parks and Recreation - Oil Production Overlay District) to RL (Residential Low Density). 08-1803 001/26495 1 SECTION 3. That Huntington Beach Zoning and Subdivision Ordinance Section 201.04B District Map 3 (Sectional District Map 3-6-11) is hereby amended to reflect Zoning Map Amendment No. 08-03 as described herein. The Director of Planning is hereby directed to prepare and file an amended map. A copy of said District Map, as amended, shall be available for inspection in the Office of the City Clerk. SECTION 4. This ordinance shall take effect thirty days after passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of )2008. Mayor ATTEST: APPROVED AS TO FORM: rn City Clerk C ty Atto ey b Wo a \\-t 1•C) REVIEWED AND APPROVED: City Administrator ATTACHMENTS INITIATED AND APPROVED: Director of Planning Exhibit A: Legal Description Exhibit B: Sketch 08-1803 001/26495 2 XHte,rr A Sub'ect Pro e Le al Descri tion General Plan Amendment No. 20080-03 Zoning Map Amendment No. 2008-03 Tentative Parcel Map No. 2008-120 PROPOSED PARCEL MAP NO. 2008-120, BEING A SUBDIVISION OF A SOUTH PORTION OF PARCEL A, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS DESCRIBED IN THAT CERTAIN CONDITIONAL CERTIFICATE OF COMPLIANCE NO. 96-1, RECORDED FEBRUARY 28, 1996 AS INSTRUMENT NO. 19960095322 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION DESCRIBED AS PARCEL I OF LOT LINE ADJUSTMENT LL 00-05 WHICH RECORDED OCTOBER 10, 2000 AS INSTRUMENT NO. 20000541256 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. AWIW L USCRINID NY WICnr r m06-Im I% C VICMY MAP I PNIC . BOIMO.RY UK PUE EASTNEM rrA- SAS s-a OOSIWD UDR WOOWUIIUCAAR PENCE PROPOSED NAW&L 1100111 SOOT MTANNG TWA. x2 EEEVAION O6S11q COLOUR PJ MI91ED FLOW 01V WH rAL FRCEC SUMACS OPN110N T.C, Tar ER CURE 024An0N PO EL SCAM10 PAD EU0010N D00 009TH NR MORAMI \1 DEnRC SIRED, Iliac Tentative Parcel Map No. 2008-120 In the City of Huntington Beach County of Orange, State of California (FOR FINANCE AND CONVEYANCE PURPOSES ONLY) r r iCWB1E•' 5LA a l_PARCEL 1 4,Q6 4 } Ilk (fU VRE PAD EL-45 0JDA.'isrp s t, 14,228 4,22842 sq ft Y!'lE j a 'Cyt 1 0 33 AC,1 1,l t ` L E,E LL A \11 b JDDa_'r.S 3 A " r,9„h••SL Y1> 6CxL. I•. 2Y LEGAL DEBaMwr ON 0 FORIICN Or PAW. A AS ICCI RED E 11041 CENWN CONCDO IAA.CERIOSMO GI 5NPIYNCE N0. 46-1 ACCORDED T0CARY 26, 1646 ASI IC 146654!3[2 OP OFTTCPL RENADS OP CHANCE CCUNtt A88E880R18 PARCEL No. 023-161-23 EASEMB(r NOTES ENT FOR PUOC UIhJIY PURPOSES OEOO,ICO CNTRACT 1w IC 14244 NN 210/0-11 ® EASELEII N FAwa Of DIENEN U.SA TIC ND mANCNm OA6011S CO.eN.rFOR ELK, MPURI[NN MOWN. MAGMA NO PICODITAI PuRPaao, M5RD1E[D =NW a 160363 AS INSIRUURII A0 63-060622 , 04X001 M5m9. NOTES' I IOTK AREA 031 AE 2 DINIINO USE srAaur 0011 COURSE L PROPMEO USE DIOI SPICE A EA40W 20NM0 Ne00MR11 CDIRE BU9N[A PAA{ SPECBM PUN NC 11 6. PUBUC URUIES P00,150 BFst29E - SET? N NUNTRICION ROOM CCTR - PURL AWq SAID 0110304 - CT? d NUNTECICN RAC11[LEt1EOa - CUDRPN CWICRNa EOSON CC 10001CC - 19112011 COICUEG0OX141E 111 -ICE TACO Olt - RORRRN CN$0001 GS CC 6 0011HO 8000 NVMD 2011E E mNt S LOT TABULATION PARCEL NO AREA USE P4W. 1 031 AC OPD SPACl OWNEfl/BIAIVD6# GOLF REALTY FUND I UPPER NEWPORT PEAZU NEWPORT BEACH CA 42660 PTMARMOT 0 Nu - CORN. PARTNER 0012 PREPAREDB NOR SUPOMSON .1U1 A 2111 at[ DATE PREPARED 02-26-COOS PLOT DATE. 05-06-08 - - - - - -- -ID NO . „rr_ IG-t Z REQUEST FOR LEGAL SERVICES Jennifer McGrath , City Attorney /4 4/ Date:08 /29/08 Request made by:Ricky Ramos Telephone :562'4 IDepartment :Planning INSTRUCTIONS : File Request For Legal Services in the City Attorney's Office. Outline reasons for the request in the space marked "COMMENTS" and include facts necessary for City Aito t r Pond. Please attach all pertinent documents , information, exhibits , any relevant deadlines and contact information.SEP 0 2 2008 TYPE OF LEGAL SERVICES REQUESTED:City of Huntington Beach City Attorney's office Prepare Contract / Document Approve Document General Legal Assistance / Project / Legal Research RCA DEADLINE: TBD IF NOT FOR CITY COUNCIL ACTION , REQUESTED DEADLINE : 09/17/08 Insufficient time, to m This request was e i deadline,,please note revised due date of an oved. Signature of epa en ead Date:8 COMMENTS Please explain in a brief narrative what you are asking the City Attorney to do, along with a brief factual background to your request. (E.g., I am requesting that the City Attorney draft an ordinance, or advise whether certain records must be disclosed under the PRA.) Please identify all attachments to this RLS and pertinent department contact information. Please prepare the following items for General Plan Amendment (GPA) No. 08-03 and Zoning Map Amendment (ZMA) No. 08-03: 1. Resolution for City Council approval of GPA No. 08-03. 2. Ordinance for City Coun cil approval of ZMA No. 08-03. Draft resolution and ordinance are attached for your review and available by email. Shaded areas for City Attorney 's-Of ce 1ise-only. This RLS is being returned -for;th_e following reason(s): Need Department Head signature Opinion previously rendered on (date) "' • - attached Insufficient data,-please submit Attachment (s) missing Other Assigned Attorney: Secretary: t 1 Matter Description: 6b /n Ext.:raµ lab Ext.: 0 Advice Memo Agreement Negotiations Citizen Inquiry Civil Hearing Criminal Prosecution Document Approval Document Preparation Grievances Meeting Request Opinion Ordinance Pitchess Project Public Records Act RCA Report R lution Workers' Comp Notes: el Date Completed: 1 2 3 CITY OF Hl*1NGTON BEACH D REQUEST FOR LEGAL SERVICES Jennifer McGrath, City Attorney Date:08/29/08 Request made by:Ricky Ramos Telephone:5624 Department : Planning INSTRUCTIONS: File Request For Legal Services in the City Attorney's Office. Outline reasons for the re uest in the s ace marked "COMMENTS" and include facts necessa for Cit AApe t Er cond.q p rY Y t 6 r 11 : Please attach all pertinent documents , information , exhibits , any relevant deadlines and contact information.SEP 0 2 2008 TYPE OF LEGAL SERVICES REQUESTED:City of Huntington Beach City Attorney's Office Prepare Contract / Document Approve Document General Legal Assistance / Project / Legal Research RCA DEADLINE: TBD IF NOT FOR CITY COUNCIL ACTION, REQUESTED DEADLINE: 09/17/08 This request was e i an oved. Signature of epa en ead Date: COMMENTS Please explain in a brief narrative what you are asking the City Attorney to do, along with a brief factual background to your request. (E.g., I am requesting that the City Attorney draft an ordinance, or advise whether certain records must be disclosed under the PRA) Please identify all attachments to this RLS and pertinent department contact information. Please prepare the following items for General Plan Amendment (GPA) No. 08-03 and Zoning Map Amendment (ZMA) No. 08-03: 1. Resolution for City Coundl approval of GPA No. 08-03. 2. Ordinance for City Coundl approval of ZMA No. 08-03. Draft resolution and ordinance are attached for your review and available by email. Shaded areas foryCityAttortiey's;Office.use:only. This :R S;is'being ettirncd for the follownig reaison(sJ:• (],Nerd Dtpatiutent1lead signature. Opinion,ri yiodsly reridered:ogtdate) ;attached hi§utTicient data lease subs it 'Attachni&nt(s) missing D oiliei Assigned Attorney: Secretary: t Matter Description: t Ext.: Ext.: Advice Memo Agreement Negotiations Citizen Inquiry Civil Hearing Criminal Prosecution Document Approval Do6ument`Peeparation Grievances Meeting Request Opinion Ordinance Pitchess Project Public Records Act," RCA Report R lotion Workers' Comp - Notes: 'el Date Completed: 1 2 3 CITY OF HUNAGTON BEACH ATTER ID NO. REQUEST FOR LEGAL SERVICES Jennifer McGrath, City Attorney Date:08/29/08 Request made by:Ricky Ramos Telephone:5624 Department: Planning I INSTRUCTIONS: File Request For Legal Se rvices in the City Attorney's Office. Outline reasons for the request in the space marked "COMMENTS" and include facts necessary for City Attorney to respond. Please attach all pertinent documents , information , exhibits , any relevant deadlines and contact information. TYPE OF LEGAL SERVICES REQUESTED: Prepare Contract / Document Approve Document General Legal Assistance / Project / Legal Research RCA DEADLINE: TBD IF NOT FOR CITY COUNCIL ACTION, REQUESTED DEADLINE: 09/17/08 Insufficient time to in deadline, please note revised due date of This request was e i an oved. Date: Signature of epa en ead COMMENTS Please explain in a brief narrative what you are asking the City Attorney to do, along with a brief factual background to your request. (E.g., I am requesting that the City Attorney draft an ordinance, or advise whether certain records must be disclosed under the PRA.) Please identify all attachments to this RLS and pertinent department contact information. Please prepare the following items for General Plan Amendment (GPA) No. 08-03 and Zoning Map Amendment (ZMA) No. 08-03: 1. Resolution for City Council approval of GPA No. 08-03. 2. Ordinance for City Council approval of ZMA No. 08-03. Draft resolution and ordinance are attached for your review and available by email. Shaded areas for City Attorney's Office use only. This RLS is being retu rn ed for the following reason(s): Need Department Head signature Opinion previously rendered on (date) , attached Insufficient data, please submit Attachment(s) missing Other: Assigned Attorney: Ext.: Assignment Date: Secretary: Ext.: Due Date: Matter Description: Advice Memo Agreement Negotiations Citizen Inquiry Civil Hearing Criminal Prosecution Document Approval Document Preparation Grievances Meeting Request Opinion Ordinance Pitchess Project Public Records Act RCA Report Resolution Workers Comp Notes: Level Date Completed: 1 2 3 0 t ti',&tv117 -tomvp-I1" :S•Zq•o , Cv :5N' w /1 Mo r s1tJ t &N I L•Gp N o - -t-o - f -15L,M''t 1' 17wo 'V1 ,vt NPL-t N 4 Ii- w( N INap-- Lamps I totJ+ -rp IN i pN t,CV fwd i s 1J 14=- AL ' -(o INJvoLv IN (V vt at- i37 -rl'gr C,owV v o1' fil trr-ts v p=t<<- -`' s fi #4-5 S -l- 1 pt,5o tt fu-vin -t S . is -rt't -rr pert ?tj X45r rear,?a ,-1r-A, tJc7 LLpp N _ i551stJ#--7 1a -11-1.v i IFI L ',LL - Vf C' -tP-,A [42 Li - p-ov .bF' 6'71X"6, L11Z71 k i -2-fk-o VI S 7 -tpl 1S(otLR Subsect Pro e Le at Descri tion General Plan Amendment No. 20080-03 Zoning Map Amendment No. 2008-03 Tentative Parcel Map No. 2008-120 AUG 2 0 2000 PROPOSED PARCEL MAP NO. 2008-120, BEING A SUBDIVISION OF A SOUTH PORTION OF PARCEL A, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS DESCRIBED IN THAT CERTAIN CONDITIONAL CERTIFICATE OF COMPLIANCE NO. 96-1, RECORDED FEBRUARY 28, 1996 AS INSTRUMENT NO. 19960095322 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION DESCRIBED AS PARCEL 1 OF LOT LINE ADJUST MENT LL 00-05 WHICH RECORDED OCTOBER 10, 2000 AS INSTRUMENT NO. 20000541256 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 0 CITY OF HUNTINGTON BEACH PLANNING DEPARTMENT 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (714) 536-5271 PUBLIC NOTIFICATION REQUIREMENTS The City of Huntington Beach requires notification to all property owners, business owners, and tenants renting or leasing units or land on commercial, industrial, and multi-family residential properties within a 500-foot radius of the subject parcel (additional noticing distance required for public school sites and for sites greater than 5 acres in size pursuant to Policy Memo PP-57). The applicant(s) shall provide the following: An area map indicating all properties within a five hundred (500) foot radius of the subject parcel. The subject parcels and tenant spaces shall be identified by the following (see example on reverse side): o An Assessor's Parcel Number, (e.g., APN # 149-181-02) An assigned sequential number A separate site plan shall be submitted for all properties that are occupied by more than one tenant (e.g., commercial centers, industrial centers, mobile home parks, apartment complexes etc.) 2. One typed list and two (2) sets of gummed mailing labels of the following: All property owners, including name, address, zip code + 4, assessor's parcel number, and the sequential number corresponding to the number assigned on the area map. Labels addressed to residential, commercial, or industrial tenants on the subject parcel(s) and properties within five hundred (500) feet of the subject site. Labels addressed to homeowner's associations within five hundred (500) feet of the subject site, if any. Labels addressed to applicant and propeity owner. o Labels addressed to the Calif. Coastal Commission for projects within the coastal zone. 3. All property owner information shall be prepared by either a mapping data se rvice or a title comp any which utilizes one of the following sources : First American , METROSCAN, or DATAQUICK. The preparer shall certify that the information was obtained from the latest available tax rolls and that one of the above sources was utilized. 4. Failure to comply with all of the above items may result in the rejection of the submitted application. APPLICANT ACKNOWLEDGEMENT: 1 I, GG/CE.OGTY A ;A,441 0 , hereby affirm that all the public notification requirements (Punt Applicant's Name) listed a e ave been plete eel App c 's Signature ate SAMPLE MAP AND LABELS HAVE BEEN PROVIDED ON REVERSE SIDE G 1Fomu\Plannmg.\Public Notification Handout 0 • SAMPLE NOTIFICATION LABELS AND MAP SAMPLE MAILING LABELS Owners APN # 149-181-02 [1 } Kelly Austin 10 Exercise Street Always. CA 92626 APN # 149-181-03 Julia Stewart 123 Anywhere Boulevard Honolulu . HI 92644 APN # 149-181-02 James Bond 789 Sailing Circle Athens. CA 92648 Tenants APN # 149-181=05 Occupant 456 Grammar Avenue Oakland, 'CA 92999 APN T 149-181 -02 [5 Occupant 200 Cayman Island Lane Anaheim. CA 93623 AA'\#149-1ZI-02 T Occupant 2000 Hilo Isle Dallas. TX 92222 SAMPLE 500' RADIUS MAP 44, --..... a la < ....-.1. .. aL la 1 a .!•--• 1 :3Y.>_ 1'^a"a -.03 Q (D DE 7 17 ....-- xzw A!__- --13 '/S ll{t Iga a a - =mot ac ,1 1Y O I cc - •- r _ _w Ss_ v tt n 1 •< - •E= -1 1 1 < (31 a u .1 73 - v, b4 500' RADIUS OWNERSHIP MAP-- r Ramos, Rick From: Thomas, Chuck Sent: Wednesday, July 23, 2008 12 30 PM To: Ramos, Ricky Ricky - this is for Jan. Per our discussion last week, there are no Police Department concerns regarding the single lot plan (sorry I am out of State and do not have the exact name of the development plan) Thanks Chuck Thomas (714) 536-5910 1 Ramos, Rick From: Sent: To: Subject: Attachments: Island Bay Code Requirements 0 07/25/2008. Ramos, Ricky Monday, July 07, 2008 11 12 AM Bogart, Steve, Dominguez, Dave, Caldwell, Lee W , Small, Ken; Caraig, Gerald, Ramos, Ricky Attention Planning Application 20080122 Island Bay Code Requirements 07 doc Please enter your comments for this Entitlement application by or before Attached is a template you can use to provide your comments. 1 CLTA Preliminary Report Form (Rev. 11/06) \J F,k J .J CLi Order Number: OSA-3074935 (09) Page Number: 1 First American Title Insurance Company 9130 Anaheim Pl., Suite 230 Rancho Cucamonga, CA 91730 Steve Volk Adams Streeter 15 Corporate Park Irvine, CA 92606-5113 Customer Reference: Order Number: Parcel Map No. 2008-120 OSA-3074935 (09) Title Officer: Ronald Gomez Phone: (909)477-5673 Fax No.: E-Mail: rogomez@firstam.com Buyer: Property: Huntington Beach, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or polities are set forth in Exhibit A attached The policy to be issued may contain an arbitration clause When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exduuve remedy of the parties Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read They are available from the office which issued this report . • • . • • Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of trais• • report carefully. The exceptions and exclusions are meant to provide you with notice of matters wMelt aii%:not coded under the terms of the title insurance policy and should be carefully considered. • • • • • It is important to note that this pre liminary report is not a written representation as to the condition of tide and rQdyndt , list all liens, defects, and encumbrances affecting We to the land. • • • • ••••..•• This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance ofe policy of l4• insurance and no liability is assumed hereby If it is desired that liability be assumed prior to the issuance of a policy of Ube insurance, a binder or commitment should be requested • •••••• ••••• • • • •• • first American Title Order Number: OSA-3074935 (09) Page Number: 2 Dated as of May 07, 2008 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: This report is for dedication purposes only Dedication repor for proposed Parcel Map No. 2008-120 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: O Hill Properties, a California limited partnership, as to an undivided 17.50%; Golf Realty Fund, a California limited partnership, as to an undivided 17.43%; Trabuco Marketplace, a California limited partnership, as to an undivided 15% interest; Seacliff-Gardena LLC, a California limited liability company, as to an undivided 34% interest; Roma Properties LLC, a California limited liability company, as to an undivided 10.07% interest; and HMS Properties LP, a California limited partnership, as to an undivided 6.00% interest The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the panted Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2008-2009, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Although the above supplemental taxes may be a lien, the installments thereof are not y4 'dilaor payable.0000 3. Water rights, claims or title to water, whether or not shown by the public records- - . ...... 4. Easements, Covenants and Conditions contained in the deed from Huntingto •I Bach CorApaAj and Seadiff Partners, as Grantor, to National Golf Operating Partnership, LP!,,as grantee~ recorded May 9, 1996 as Instrument No. INstrument No. 96-234834 of Official Records. 0 Reference being made to the document for full particulars. '00......0 ........ First American Title Order Number: OSA-3074935 (09) Page Number: 3 5. The terms and provisions contained in the document entitled "Agreement Between Real Property Owners" recorded May 13, 2002 as Instrument No. 20020397177 of Official Records. Document re-recorded January 10, 2003 as Instrument No. 20030036399 of Official Records. 6. An unrecorded lease dated May 9, 1996, executed by National Golf Operating Partnership, L.P., a Delaware limited partnership as lessor and American Golf Corporation, a California corporation as lessee, as disclosed by a Lease Assignment recorded May 13, 2002 as Instrument No. 20020399617 and re-recorded December 11, 2002 as Instrument No. 2002001122359 and re- recorded December 26, 2002 as Instrument No. 2002001187971, all of Official Records. The terms and provisions contained in the document entitled "Subordination, Non-Disturbance and Attomment Agreement" recorded May 13, 2005 as Instrument No. 2005000369932 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. 7. A deed of trust to secure an original indebtedness of $10,000,000.00 recorded May 13, 2005 as Instrument No. 2005000369929 of Official Records. Dated: April 28, 2005 Trustor: Golf Realty Fund LP, a California limited partnership, Trabuco Marketplace, a California limited partnership, Seacliff-Gardena LLC, a California limited liability company, Roma Properties LLC, a California limited liability company and HMS Properties LP, a California limited partnership, jointly and severally Trustee: Chicago Title Company Beneficiary: American Investors Life Insurance Company, Inc., a Kansas corporation Affects: The land and other property. 8. A document entitled "Assignment of Leases, Rents and Income" recorded May 13, 2005 as Instrument No. 2005000369930 of Official Records, as additional security for the payment of the indebtedness secured by the deed of trust recorded May 13, 2005 as Instrument No. 2005000369929 of Official Records. 9. A financing statement recorded May 13, 2005 as Instrument No. 2005000369931 of Official.. Records. •••• 10. Debtor:Golf Realty Fund LP, Trabuco Marketplace, a0CaliI9mia l 1litCd.0*0partnership, Seacliff-Gardena LLC, Roma Properties LLC, MMS Properties LP 000060 Secured party:American Investors Life Insurance CompanX Inc.;%• Rights of parties in possession. • .11 11. This report is preparatory to the issuance of a subdivision guarantee and it is:intenaed soi x tQr the use of those parties directly involved in the preparation and checking of said map. 00 • First American Title Order Number: OSA-3074935 (09) Page Number: 4 12. Prior to the filing of this map and the issuance of a subdivision guarantee, all title charges must be paid in full, we will advise you of the amount due prior to closing. ..• ...... .. • . . . . .. . . . . . ..... ...• .• . . . ... First American Title Order Number: OSA-3074935 (09) Page Number: 5 INFORMATIONAL NOTES Note: The only parties whose signatures are necessary to offer for dedication any streets or alleys shown on the map of proposed Parcel Map No. 2008-120, are as follows: 0 Hill Properties, a California limited partnership, Owner Golf Realty Fund, a California limited partnership, Owner Trabuco Marketplace, a California limited partnership, Owner Seacliff-Gardena LLC, a California limited liability company, Owner Roma Properties LLC, a California limited liability company, Owner HMS Properties LP, a California limited partnership, Owner American Investors Life Insurance Company, Inc., a Kansa corporation, beneficiary under deed of trust recorded May 13, 2005 as Instrument No. 2005000369929 of Official Records. The following signatures have been omitted under the provisions of Section 66436(a)(3) of the subdivision map act. Huntington Beach Company, holder of an easement as reserved in deed recorded May 9, 1996 as Instrument No. 19960234834 of Official Records; American Golf Corporation, lessee, holder of an unrecorded lease as disclosed by a Lease Assignment recorded May 13, 2002 as Instrument No. 20020399617 and re-recorded December 11, 2002 as Instrument No. 2002001122359 and December 26, 2002 as Instrument No. 2002001187971, all of Official Records; May be covered by endorsement pursuant to Article 66436 of the Government Code. The Subdivision Map Act requires that during the period of January 1 to November 1 when real property taxes are an assessed lien not yet due and payable that a tax bond • • • • •. be filed with the clerk of the board of supervisors to secure payment of said taxes, in this*•" regard the amount of the tax bond in favor of the County of Orange will be deiefmined .":'. at a later date. All taxes for the fiscal year 2007-2008 must be paid in full prior to processing skid tract • • • through government agencies. Please provide a cashier's check made payablQJ .the • Orange County Tax Collector, along with complete tax bills, and forward to this office for•..' processing. • • . ..... . Note: The Assessor's Parcel Number for th e above mentioned legal descnptidll mare 023-181 -73; Code Area 04-001, covering the herein described and other lands. 0000 000000 First American Title 0 0 Order Number: OSA-3074935 (09) Page Number: 6 The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. . *0000* • • .• . First American Title 0 Order Number: OSA-3074935 (09) Page Number: 7 WIRE INSTRUCTIONS First American Title Company, Demand/Draft Sub-Escrow Deposits Orange County, Californ ia First American Trust, FSB 5 First American Way Santa Ana, CA 92707 ABA 122241255 Credit to First American Titl e Company Account No. 2000015030 Reference Titl e Order Number 3074935 and Title Officer Ronald Gomez Please wire the day before recording. Also, notify the Title Officer of your intent to wire. • • • •• • • . • . • •••.••.• • • i First American Title 0 Order Number: OSA-3074935 (09) Page Number: 8 LEGAL DESCRIPTION Real property in the City of Huntington Beach, County of Orange, State of California, described as follows: PROPOSED PARCEL MAP NO. 2008-120, BEING A SUBDIVISION OF A PORTION OF: PARCEL A, AS DESCRIBED IN THAT CERTAIN CONDITIONAL CERTIFICATE OF COMPLIANCE NO. 96-1, RECORDED FEBRUARY 28, 1996 AS INSTRUMENT NO. 19960095322 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THAT PORTION DESCRIBED AS PARCEL 1 OF LOT LINE ADJUSTMENT LL 00-05 WHICH RECORDED OCTOBER 10, 2000 AS INSTRUEMNT NO. 20000541256 OF OFFICIAL RECORDS IN THE COUNTY OF ORANGE. NOTE: THE ABOVE LEGAL DESCRIPTION IS FOR THE SOLE PURPOSE OF THIS REPORT AND MAY NOT BE CONSIDERED FOR USE IN ANY POLICY OF TITLE INSURANCE TO BE ISSUED BY THIS COMPANY, AND IS SUBJECT TO CHANGE AT ANY TIME. .* 00 • • • . • • 0* 00 •.. '00:0, •• • First American Title Order Number: OSA-3074935 (09) Page Number: 9 NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of th ree to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. . . . . •.A.. First American Title S Order Number: OSA-3074935 (09) Page Number: 10 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arse by reason of I Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records 2 Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3 Easements, liens or encumbrances, or claims thereof, which are not shown by the public records 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records 5 (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which anse by reason of. I (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3 Defects, liens, encumbrances, adverse claims or other matters, (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for th e estate or interest insured by th is policy 4 Unenforceability of the lien of th e insured mortgage because of th e inability or failure of th e insured at Date of Policy, or th e inability or failure of any subsequent owner of th e indebtedness, to comply with applicable "doing business" laws of th e state in which th e land is situated 5 Invalidity or unenforceability of th e lien of the insured mort gage, or claim th ereof, which apses out of th e transacti on evidenced by the insured mortgage and Is based upon usury or any co nsumer credit protection or truth in lending law 6 Any claim, which arises out of th e transaction vesting in the insured th e estate or interest insured by th eir policy or th e transaction cr eati ng th e interest of th e insured lender, by re ason of th e operation of federal bankruptcy, state insolvency or similar creditors ' nghp lgvjs ... 2. AMERICAN LAND TITLE ASSOCIATION OWNER 'S POLICY FORM B - 1970 • • • • SCHEDULE OF EXCLUSIONS FROM COVERAGE • •;.• : • • • • • .. .. • I Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) ing or r q ilatipg or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or locatic of any dmprovement now or hereafter erected on th e land, or prohibiting a separation in ownership or a reduction in th e dimensions of arep pt the land *or the effect of any violation of any such law, ordinance or governmental regulation • • • •. 2 Rights of eminent domain or governmental rights of police power unless notice of th e exercise of such nghts apr ars in the pulic records at Date of Policy • • . 3 Defects, liens, encumbrances , adverse claims, or other matters (a) created, suffered, assumed or agreed to by ie insured dairlhirn, (b) not known to the Company and not shown by th e public records but known to the insured claimant eith er at Di `f ltcZcy or att}ie date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured dadmufiltt the CompAilyl{ihor to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant, (d) attadknq'or .. . First American Title Order Number: OSA-3074935 (09) Page Number: 11 created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown In parts one and two following 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records 2 Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof 3 Easements, claims of easement or encumbrances which are not shown by the public records 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records 5. Unpatented mining claims, reservations or exceptions in patents or in Ads authorizing the issuance thereof, water rights, claims or title to water 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter fumshed, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1 Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation 2 Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy 3 Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent Insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy) 4 Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy SCHEDULE B • • • • This policy does not insure against loss or damage by reason of the matters shown in parts one and two following • • • • 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that Ie%RL%Wgy or assess ents:on real property or by the public records • • • • . said land2 Any fads, rights, interests, or claims which are not shown by the public records but which could be ascertiioed.byan inspection%for by making inquiry of persons in possession thereof : • ; • . • 3 Easements, claims of easement or encumbrances which are not shown by the public records ••• 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a corpeif survey would disclosee, and which are not shown by public records. .. • 5 Unpatented mining claims, reservations or exceptions in patents or in Ads authorizing the issuance thereof; water rights, daimspr title to water 6 Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by lay. antiIn shown Of fhh*pyblic records •.•• •••• First American Title 0 0 Order Number: OSA-3074935 (09) Page Number: 12 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of* I (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restndang, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land, (h) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part, or (w) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2 Rights of eminent domain unless notice of the exerase thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred pnor to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3 Defects, liens, encumbrances, adverse claims, or other matters, (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the pnority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the insured mortgage 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated 5 Invalidity or unenforceabddy of the lien of the insured mortgage, or claim thereof, which arses out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6 Any statutory lien for services, labor or materials (or the claim of pnonty of any statutory lien for services, labor or matenals over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the Indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance 7 Any claim, which anses out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' nghts laws, that is based on- (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (u) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination, or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reaM 4f 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or asse Ql %n real property or by the public records 00002 Any fads, rights, interests, or claims which are not shown by the public records but which could be ascertyrl Jilt an mspectonof said land or by making inquiry of persons in possession thereof. • •00 003 Easements, claims of easement or encumbrances which are not shown by the public records 0000004 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a cornectsurvey woul dlsclok and which are not shown by public records ' • • • • 5 Unpatented mining claims, reservations or exceptions in patents or in Ads authorizing the issuance thereof, Mi fights, dams •r•btle to water • ' • 6 Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and netshown by the public records 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 First Amencan Title •• Order Number: OSA-3074935 (09) Page Number: 13 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which apse by reason of 1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (w) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3 Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy 4 Any claim, which apses out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (u) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure. (a) to timely record the instrument of transfer, or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER 'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records 2 Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof 3 Easements, claims of easement or encumbrances which are not shown by the public records 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records 5 Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or We to water 6 Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS •••••• •• •• •.• ••••• • ••• 11In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resutbugofsam •• •• • 1 Governmental police power, and the existence or violation of any law or government regulation This mdudesJlyidmg andzoningordinances and also laws and regulations concerning • • • • • * • • * land use * land division • • . ••* improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public "R19 It PolicyA !ee. • This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. goose 0009 2 The right to take the land by condemning it, unless: • • • • • • First American Title S • Order Number: OSA-3074935 (09) Page Number: 14 * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3 Title Risks * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records * that result in no loss to you * that first affect your tide after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4 Failure to pay value for your title 5 Lack of a right * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks 11. EAGLE PROTECTION OWNER 'S POLICY CLTA HOMEOWNER 'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER 'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit ). 16 (Zoning ) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning a building b zoning c land use d improvements on the land e land division f environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24 2 The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date 3 The right to take the Land by condemning it, unless a a notice of exercising the right appears in the Public Records at the Policy Date; or b the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking 4 Risks a that are created, allowed, or agreed to by You, whether or not they appear in the Public Records, b that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date, c that result in no loss to You; or d that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25 5 Failure to pay value for Your Tide 6 Lack of a right a to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A, and b in streets, alleys, or waterways that touch the Land This exclusion does not limit the coverage described in Covered Risk 11 or 18 LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows. •...•• Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedufl''A ' • • The deductible amounts and maximum dollar limits shown on Schedule A are as follows. Y ur Deductible Am un Our M ximum Dollar Limi of • Liability Covered Risk 14. 1% of Policy Amount or $5,000.00 (whichever is less) $10,000 00 • • • • • Covered Risk 15. 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 • • • • Covered Risk 16• 1% of Policy Amount or $5,000 00 (whichever is less) $25,000 00 ••••• • • 11 •..• •. • First American Title •• Order Number: OSA-3074935 (09) Page Number: 15 Covered Risk 18 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00 12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which anse by reason of 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land, (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part, or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters, (a) created, suffered, assumed or agreed to by the Insured Claimant, (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy, (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26), or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insure d Mortgage 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated 5. Invalidity or unenforce ability of the lien of th e Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law 6. Real property taxes or assessments of any govern mental authority which become a lien on th e Land subsequent to Date of Po licy. Th is exclusion does not limit th e coverage provided under Covered Risks 7, 8 (e) and 26. 7. Any claim of invalidity, unenforce ability or lack of priority of the lien of th e Insured Mort gage as to advances or modifications made after the Insured has Knowledge th at th e vestee shown in Schedule A is no longer th e owner of th e estate or interest covered by th is policy Th is exclusion does not limit th e coverage provided in Covered Risk 8 8. Lack of priority of th e lien of th e Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged th ereon, over liens, encumbrances and oth er matt ers affecting title, th e existence of which are Known to th e Insured at (a) Th e time of th e advance , or (b) Th e time a modification is made to th e terms of th e Insured Mortgage which changes th e rate of interest charged, if th e rate of interest is greater as a result of th e modification th an it would have been before th e modification. Th is exclusion does not limit the coverage pro vided in Covered Risk 8. 9. Th e failure of th e residential struct ure , or any portion th ereof to have been constructed before, on or after Date of Po licy in accordance with applicable building codes This exclusion does not apply to violations of building codes if notice of th e violation appears in the Public Records at Date of Policy 13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDk gWL LOAN POLICY (10/13/01) • • WITH REGIONAL EXCEPTIONS • • • When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage PAh not as an extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear e%t1ie policy SCHEDULE B • •• This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which onse by rea%dn of* 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxesbr assessments on real property or by the public records 000000 410000 2 Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertaTn¢d 6* an inspection otsaid land or by making inquiry of persons in possession thereof • • • First American Title 0 • Order Number: OSA-3074935 (09) Page Number: 16 3. Easements, claims of easement or encumbrances which are not shown by the public records 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records 5. Unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof, water rights, claims or title to water 6 Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records 14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that anse by reason of 1 (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land, (ii) the character, dimensions, or location of any improvement erected on the Land, (iii) the subdivision of land, or (iv) environmental protection, or the effect of any violation of these laws, ordinances, or governmental regulations This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5 (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2 Rights of eminent domain This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8 3 Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant, (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy, (c) resulting in no loss or damage to the Insured Claimant, (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14), or (e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage 4 Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that apses out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law 6 Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, Is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy 7 Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b) 15. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the ecti&sldhi set forth in paragraph 14 above are used and the following exceptions to coverage appear in the policy • • • • SCHEDULEB ••:••:'••• • This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expensestJ6hiRa pse by reason of 11 First Amencan Title 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records, (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3 Easements, liens or encumbrances, or claims thereof, not shown by the Public Records 4 Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records 5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or In Acts authorizing the Issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records 16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which anse by reason of. 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land, (u) the character, dimensions, or location of any improvement erected on the Land, (ni) the subdivision of land, or (iv) environmental protection,or the effect of any violation of these laws, ordinances, or governmental regulations This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5 (b) Any governmental police power This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6 2 Rights of eminent domain This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant, (b) not Known to th e Company, not re corded in th e Public Records at Date of Poli cy, but Known to th e Insured Claimant and not disclosed in writing to th e Company by th e Insured Claimant prior to th e date th e Insured Claimant beca me an Insure d under th is policy, (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (however, th is does not modify or limit th e coverage provided under Covere d Risks 9 and 10), or (e) resulting in loss or damage th at would not have been sustained if th e Insured Claimant had paid value for th e Title 4. Any claim, by re ason of th e operation of federal bankruptcy, state insolvency, or similar creditors? rights laws, th at th e tr ansaction vesting the Titl e as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of th is policy 5. Any lien on th e Tide for re al estate taxes or assessments imposed by govern mental auth ority and created or attaching between Date of Policy and th e date of recording of th e deed or oth er instrument of transfer in th e Public Records th at vests Title as shown In Schedule A 17. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 16 above are used and the following exceptions to coverage appear in the policy SCHEDULE B This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of ew•• 1. (a) Taxes or assessments th at are not shown as existing liens by the records of any taxing authority that levies taxes or asses r jets on real property or by the Public Records, (b) proceedings by a public agency that may result in taxes or assessrri¢W4,.or notices aft udh proceedings, whether or not shown by the records of such agency or by the Public Records to • • • • 2 Any facts, rights, interests, or claims that are not shown by th e Public Records but that could be ascertaingtjy.qpynspecbon ot the Land or that may be asserted by persons in possession of the Land w • • • • • 3 Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. • •*000 4. Any encroachment, encumbrance , violation, variation, or adverse circumstance affecting the Title th at wouldtie aisdosed bXeio li& rate and complete land survey of the Land and not shown by th e Public Records. • • • • • 5 (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing th e issuance theredf,•(c) water ngbts, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records w w • • • • • • • • ••••••••w •w• • w •• • First American Title •a PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in th e future, we may ask you to provide us with certain information. We understand th at you may be concerned about what we will do with such information - particularly any personal or financial information. We agree th at you have a right to know how we will utilize th e personal information you provide to us. Therefore, together with our parent corn any, The First American Corporation, we have adopted th is Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Informa tion Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Informa tion We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as We insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to th ose individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First Amencan Corporation • All Rights Reserved • • • • • •••••• •••• 0000 0000 f AA6AlCAM MU M MwoEOMW AND WHEN RECORDED MAIL TO: Qh/. Recorded in the County of Orange , California Oar L. Granville , Clerk /Recorder I1H uJIMl11rn 74.09 19960234634 04:30PM 05/09/96 004 260317 28 19 1B3 002 10 04 NonDis 7.00 27 .00 0.00 0 .00 NonDis 20.00 20.00 0.00 NATIONAL GOLF OPERATING PARTNERSHIP c/o NATIONAL GOLF PROPERTIES, INC. 1448 15th Street, Suite 200 Santa Monica, CA 90404 Attn: Scott Thompson, Esq. General Counsel WITH A CONFORMED COPY TO: CHEVRON LAND & DEVELOPMENT COMPANY Post Office Box 7256 San Francisco, CA 94120-7256 Attn: Vice President & General Counsel MAIL TAX STATEMENTS TO: Same entity as first noted above PTR9537068 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY GRANT DEED For valuable consideration, receipt of which is acknowledged, HUNTINGTON BEACH COMPANY, a California corporation, and SEACLIFF PARTNERS, a California general partnership (collectively "Grantor"), hereby grant to NATIONAL GOLF OPERATING PARTNERSHIP L.P., a Delaware limited partnership ("Grantee"), the real property in the City of Huntington Beach, County of Orange, State of California, described in Exhibit A attached hereto and made a part hereof, SUBJECT TO (a) all matters appearing of record in the office of the Recorder of Orange County, (b) all matters that can be ascertained by a correct survey or a physical inspection of the real property, (c) taxes and assessments not delinquent, (d) zoning ordinances and regulations and any other laws, ordinances or governmental regulations restricting or regulating the use, occupancy or enjoyment of the real property and (e) any other matters created, permitted or approved by Grantee, including, without limitation, those listed on Exhibit B attached hereto and made a part hereof. EXCEPTING AND RESERVING TO GRANTOR, its successors and assigns: tale' 99 1-1 End 13 Hontingcon e.•,h 1•ac.pc 1(13 Stv11 strlpl 3111 •nd It) M..t Coyot• H111•-Le Mlrede and Pul1.rcon, ]-Plee•rit. 71G1-Id) and 16-Hilltop 15-10,9 P.erh, 16-Pek . rat l.2d Apt Intl Pk , 17-9..ch Plod iP -Atlenle, 29-Go1d.n r•ec 2/21/96 (a) All rights to water within, underlying or produced from the real property and adjoining streets, roads and highways and the use and enjoyment thereof, excluding only those rights to surface water that are not attached to or a part of rights to subsurface water, without, however, any rights of surface entry other than those set forth in the following clauses (b) and (c). (b) An exclusive, perpetual right and easement to drill, construct and maintain producing, injection and monitoring wells and supporting works, structures, facilities and appurtenances (including, but not limited to, pipelines and water remediation facilities) on, in or through the real property and adjoining streets, roads and highways, for the purpose of producing, injecting, monitoring, treating, remediating, storing, conveying and removing the water reserved in (a) as required to remediate and/or monitor environmental contamination of such water and to perform any and all operations necessary or convenient for the exercise of such rights. Any such wells and other facilities (i) shall be of a type and design intended reasonably to minimize interference with Grantee's use an d enjoyment of the real property an d reasonably to minimize the visual appearance of such wells and facilities and (ii) shall be located in locations within common areas, greenbelts, parks and open spaces approved by Grantee or, if reasonably necessary, at other locations on the real property approved by Grantee, which approvals shall not be unreasonably withheld, and which other locations shall, whenever reasonably possible, be within streets and other public rights of way on the real property. (c) A nonexclusive, perpetual easement over the real property for ingress and egress with respect to the wells, works, structures, facilities and appurtenances provided for in (b) above, which easement shall be located whenever reasonably possible within streets and other public rights of way on the real property, such rights of ingress and egress to be exercised by Grantor so as not to unreasonably interfere with the development, use, enjoyment or value of the real property. (d) Grantor shall indemnify, defend and hold Grantee, its constituent partners, and their respective subsidiaries and affiliates, and all their respective officers, directors, employees and agents hereinafter collectively referred to as the "Indemnitees"), harmless from and against any and all claims, demands, actions, causes of action, losses or liabilities for injury to or death of persons, or for damage to or destruction of real or personal property, or for civil penalty (but not criminal penalty), including injury to or death of any personnel of the Indemnitees or of any other persons, and including damage to or destruction of the real property, arising out of or in any way connected with the exercise of the rights permitted hereunder, except to the extent such injury, death, damage or destruction has been directly caused by the active negligence of the Indemnitees or their independent contractors (the 13/66799 L-I end 13 Huncf ngton Seech Iean.PL 111) She11 Strip)3Ib) end lei Meet Coyote Xllle -La Mirada end Pulaer ton 3-D2. r.rlte 716)-Id) end le-XllltoP IS-Long Heent, 1G-Sakareffeld Apt Ind Pk 17-Beech Slod 19-Atlanu 20-Oolden W..t2 ?23 16 -2- "Indemnified Claims"). In the event any claim is asserted or action instituted against Indemnitees, Grantor shall immediately upon receipt of notice of such claim or action assume and pay for the defense of the indemnified party, and shall satisfy any judgment against the indemnified party that may be rendered. Grantee acknowledges that the real property has been used by former owners for oil field production operations an d/or as an oil storage tank farm for the storage of crude oil and petroleum products; that residual contamination is commonly found on properties that have been in such use; an d that these residual substances include chemicals known to the State of Califo rn ia to cause can cer, birth defects, or other reproductive harm. Dated: 1 , 1996. HUNTINGTON BEACH COMPANY, a California corpo tion By: Its: C, e 4a.-Vice Pr sident SEACLIFF PARTNERS, a California general partnership By: Pacific Coast Homes, a California corporation, Its General Partner By: Its: E, ice Vice Preside NATIONAL GOLF OPERATING PARTNE P, L.P., a Delaware limitetnership By: NATION OLF PROPERTIES, INC., a land corporati is General Partner By: Its: 12166299 L-1 .nd 13 Nuntlnplon B.AeN ).. .pt 11t) W»11 et tip, 2161 AM fe) 1Nt Coyot • x111 •-1. Mlrsd and F, 11.rton,3- 1.e.rlt6 7(bl-Id) And 36-Nilltop, 1S-Loop tr.rb 16-p.Y.r.t).1d Apt 'nd Pt 17-p96 [D pled I9-Atl.nt. 20-Ooid.n W6t 2/22/96 -3- •• i NATIONAL GOLF OPERATING PARTNERSHIP, L P, a Delaware limited partnership By NATIONAL GOLF PROPERTIES, INC., a Maryland corporation, Its General Partner By 7!5 -k3) Its 6 E v C e<xj STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss r On ' i to before me, a Notary Public in and for said state, personally appeared pe sonally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal UN GU 11 Cadon+laOOUNK 9612802Q OC 1 /CGL/C 1734-005/05-07-96/tig Notary Public i and for said Stat STATE OF CALIFORNIA COUNTY OF ORANGE ss On March 1, 1996, before me, Kathy Spencer, Notary Public, personally appeared C. E Rice personally known to me (or provided to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal KATHY SPENCER COMA/1016168 ORANGE COUNTY My Comm EEim FED 16y 19cR N tary Si nature I OR-9537068 TITLE OFFICER - REIMER AMENDMENT NO I DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH , AND IS DESCRIBED AS FOLLOWS PARCEL Al PARCEL A, AS DESCRIBED IN THAT CERTAIN CONDITIONAL CERTIFICATE OF COMPLIANCE NO 96-1. RECORDED FEBRUARY 28, 1996 AS INSTRUMENT NO 19960095322 OF OFFICIAL RECORDS ORANGE COUNTY, CALIFORNIA PARCEL A2 A NON-EXCLUSIVE EASEMENT TO DRAIN WATER OVER, THROUGH, UNDER OR ALONG LOTS "B" AND "C" OF TRACT NO 14277, AS SHOWN ON A MAP RECORDED IN BOOK 695, PAGES 48,49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA PARCEL A3 A NON-EXCLUSIVE EASEMENT TO LAY, CONSTRUCT, RE-CONSTRUCT, REPLACE, RENEW, REPAIR, MAINTAIN. OPERATE, CHANGE THE SIZE OF, INCREASE THE NUMBER OF AND REMOVE PIPELINES FOR WATERLINE PURPOSES AND APPURTENANCES THEREOF, WITH THE RIGHT OF INGRESS AND EGRESS TO AND FROM THE SAME, OVER AND THROUGH, UNDER OR ALONG THAT PORTION OF LOT "B" OF TRACT NO. 14277, AS SHOWN ON A MAP RECORDED IN BOOK 695, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, INCLUDED WITHIN A STRIP OF LAND 1000 FEET WIDE, THE CENTERLINE OF WHICH BEING DESCRIBED AS FOLLOWS- BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT A OF SAID TRACT NO 14277, SAID POINT ALSO BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS "NORTH 06° 24' 52" EAST 71 26 FEET" ON SAID MAP, THENCE SOUTH 74° 01' 46" EAST 31 44 FEET TO THE EASTERLY LINE OF SAID LOT "B". THE SIDE LINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE WESTERLY AND EASTERLY IN THE WESTERLY AND EASTERLY LINES OF SAID LOT "B" RESPECTIVELY PARCEL A4 A NON-EXCLUSIVE EASEMENT TO LAY, CONSTRUCT, RE-CONSTRUCT, REPLACE, RENEW, REPAIR, MAINTAIN, OPERATE, CHANGE THE SIZE OF, INCREASE THE NUMBER OF AND REMOVE PIPELINES FOR IRRIGATION PURPOSES AND APPURTENANCES THEREOF, WITH THE RIGHT OF INGRESS AND EGRESS TO AND FROM THE SAME, OVER AND THROUGH, UNDER OR ALONG THAT PORTION OF LOT "B" OF TRACT NO. 14277, AS SHOWN ON A MAP RECORDED IN BOOK 695, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, INCLUDED WITHIN A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF WHICH BEING DESCRIBED AS FOLLOWS COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT A OF SAID TRACT NO. 14277; THENCE SOUTH 06° 24' 52" WEST 71 26 FEET ALONG THE WEST LINE OF SAID LOT "B" TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 314.00 FEET, THENCE PAGE 9 OR-9537068 TITLE OFFICER - REIMER AMENDMENT NO 3 SOUTHERLY 85 00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 30' 38" TO THE TRUE POINT OF BEGINNING, THENCE NORTH 76° 49' 41 " EAST 40.28 FEET TO THE EASTERLY LINE OF SAID LOT "B" THE SIDE LINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE WESTERLY AND EASTERLY IN THE WESTERLY AND EASTERLY LINES OF SAID LOT "B" RESPECTIVELY PARCEL A5 A NON-EXCLUSIVE EASEMENT TO LAY, CONSTRUCT, RE-CONSTRUCT, REPLACE, RENEW, REPAIR, MAINTAIN, OPERATE, CHANGE THE SIZE OF, INCREASE THE NUMBER OF AND REMOVE TRANSMISSION LINES FOR ELECTRICITY AND TO CONSTRUCT, MAINTAIN, OPERATE, REPAIR, RENEW, ADD TO AND REMOVE UNDERGROUND WIRES, CONDUCTORS, CABLES AND CONDUITS AND APPURTENANCES THEREOF, WITH THE RIGHT OF INGRESS AND EGRESS TO AND FROM THE SAME, OVER AND THROUGH, UNDER OR ALONG THAT PORTION OF LOT "B" OF TRACT NO 14277, AS SHOWN ON A MAP RECORDED IN BOOK 695, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, INCLUDED WITHIN A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF WHICH BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF LOT I OF SAID TRACT NO 14277, THENCE NORTH 38° 38' 33" EAST 1600 FEET ALONG THE WESTERLY LINE OF SAID LOT "B" TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 51 ° 21' 27" EAST 48 81 FEET TO THE EAST LINE OF SAID LOT "B" THE SIDE LINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE WESTERLY AND EASTERLY IN THE WESTERLY AND EASTERLY LINES OF SAID LOT "B" RESPECTIVELY PARCEL A6 AN EASEMENT FOR TUNNEL AND UTILITY PURPOSES, AS SAID EASEMENT IS SET FORTH IN THAT CERTAIN CORPORATION EASEMENT DEED RECORDED DECEMBER 9, 1992 AS INSTRUMENT NO 92-844002OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, OVER THAT PORTION OF LOT B OF TRACT NO. 14277, AS SHOWN ON A MAP RECORDED IN BOOK 695, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHEASTERLY LINE OF TRACT NO. 13821, AS SHOWN ON THE MAP OF SAID TRACT NO. 13821, FILED IN BOOK 636, PAGES 21 THROUGH 29 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SAID POINT BEARS NORTH 15° 48' 38" EAST 116 49 FEET ALONG SAID SOUTHEASTERLY LINE AS MEASURED FROM THE MOST SOUTHERLY CORNER OF LOT 33 OF SAID TRACT NO. 13821, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 50 00 FEET,,A RADIAL LINE TO SAID CURVE BEARS NORTH 54° 48 ' 45" EAST; THENCE SOUTHERLY 41 11 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47° 06' 12", THENCE SOUTH 11 ° 54' 57" WEST 52.34 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 312.00 FEET, THENCE SOUTHERLY 29 96 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 30' 05". THENCE SOUTH 06° 24' 52" WEST 71 26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY. HAVING A RADIUS OF 328.00 FEET, THENCE SOUTHERLY 70 60 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12° PAGE 10 I OR-9537068 TITLE OFFICER - REIMER AMENDMENT NO 3 19' 55" TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE NORTH 67° 44' 19" EAST 24 92 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY. HAVING A RADIUS OF 345 00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 76° 24' 38" EAST, THENCE SOUTHERLY 25 37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04° 12' 49" THENCE SOUTH 67° 44' 19" WEST 48 90 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 48 00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 61'21'51" EAST, THENCE NORTHEASTERLY 2.35 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 48' 08" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 314 00 FEET; A RADIAL LINE TO SAID CURVE BEARS SOUTH 64° 09' 59" EAST, THENCE NORTHEASTERLY 26 45 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04° 49'37", THENCE NORTH 67° 44' 19" EAST 18 88 FEET TO THE TRUE POINT OF BEGINNING PARCEL A7- AN EASEMENT FOR STORM DRAIN AND UTILITY PURPOSES, AS SAID EASEMENT IS SET FORTH IN THAT CERTAIN CORPORATION EASEMENT DEED RECORDED DECEMBER 9, 1992 AS INSTRUMENT NO 92-844002 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, OVER THAT PORTION OF LOT B OF TRACT NO 14277, AS SHOWN ON A MAP RECORDED IN BOOK 695, PAGES 48,49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY , DESCRIBED AS FOLLOWS COMMENCING AT A POINT ON THE SOUTHEASTERLY LINE OF TRACT NO 13821, AS SHOWN ON THE MAP OF SAID TRACT NO. 13821, FILED IN BOOK 636, PAGES 21 THROUGH 29 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SAID POINT BEARS NORTH 15° 48' 38" EAST 116 49 FEET ALONG SAID SOUTHEASTERLY LINE AS MEASURED FROM THE MOST SOUTHERLY CORNER OF LOT 33 OF SAID TRACT NO 13821, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 54° 48' 45" EAST; THENCE SOUTHERLY 41.11 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47° 06' 12", THENCE SOUTH 11 ° 54' 57" WEST 52.34 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 312 00 FEET, THENCE SOUTHERLY 29 96 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 30' 05"; THENCE SOUTH 06° 24' 52" WEST 71 26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 328 00 FEET; THENCE SOUTHERLY 70.60 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12° 19' 55" TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 22° 15,41 * EAST 26.57 FEET; THENCE SOUTH 49° 20' 06" WEST 100 45 FEET; THENCE NORTH 51 ° 21' 27" WEST 10 00 FEET; THENCE NORTH 38° 38' 33" EAST 30 00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 50 00 FEET; THENCE NORTHEASTERLY 15 01 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17° 11' 44" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 48 00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 34° 09' 43" EAST, THENCE NORTHEASTERLY 25 14 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30° 00' 16" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 314.00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 64° 09' 59" EAST; THENCE NORTHEASTERLY 26.45 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04° 49' 37", THENCE NORTH 67° 44' 19" EAST 18 88 FEET TO THE TRUE POINT OF BEGINNING PAGE I I 0 OR-9537068 TITLE OFFICER - REIMER AMENDMENT NO 3 PARCEL B (THIS PARCEL INTENTIONALLY DELETED) PARCEL C LETTERED LOTS A AND B OF TRACT NO 14243 AS SHOWN ON A MAP FILED IN BOOK 700. PAGES 34 TO 35 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL D PARCEL A OF PARCEL MAP NO 94-127 AS SHOWN ON A MAP FILED IN BOOK 285 PAGES 30 AND 3I OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS. GEOTHERMAL RESOURCES, AND ALL OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED FROM SAID PROPERTY TOGETHER WITH THE SOLE AND EXCLUSIVE RIGHT FROM TIME TO TIME TO DRILL AND MAINTAIN WELLS OR OTHER WORKS INTO OR THROUGH SAID PROPERTY AND THE ADJOINING STREETS, ROADS AND HIGHWAYS BELOW A DEPTH OF 500 FEET AND TO PRODUCE, INJECT, STORE AND REMOVE FROM AND THROUGH SUCH WELLS OR WORKS OIL, GAS, WATER AND OTHER SUBSTANCES OF WHATEVER NATURE, INCLUDING THE RIGHT TO PERFORM BELOW SAID DEPTH ANY AND ALL OPERATIONS DEEMED NECESSARY OR CONVENIENT FOR THE EXERCISE OF SUCH RIGHTS. THE RIGHTS HEREIN ABOVE EXCEPTED AND RESERVED DO NOT INCLUDE AND DO NOT EXCEPT OR RESERVE ANY RIGHT TO USE THE SURFACE OF THE PROPERTY OR THE FIRST 500 FEET BELOW THE SURFACE OF THE PROPERTY OR TO CONDUCT ANY OPERATIONS THEREON OR THEREIN UNLESS HEREINAFTER SPECIFICALLY EXCEPTED AND RESERVED, ALL RIGHTS AND INTERESTS IN THE SURFACE OF THE PROPERTY ARE HEREBY CONVEYED TO GRANTEE. AS RESERVED BY THE HUNTINGTON BEACH COMPANY IN DEED RECORDED APRIL 27, 1994 AS INSTRUMENT NO. 94-029 1 1 59 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ANY AND ALL WATER RIGHTS OR INTERESTS THEREIN, TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER ALL OR A PORTION OF THE SAME, NO MATTER HOW ACQUIRED BY GRANTOR, OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE PROPERTY, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE PROPERTY OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER RIGHTS OR INTERESTS ON ANY OTHER PROPERTY, WHETHER SUCH WATER RIGHTS OR INTERESTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL, BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE PROPERTY IN THE EXERCISE OF SUCH RIGHTS OR UPON THE UPPER THIRTY (30) FEET OF THE SUBSURFACE OF THE PROPERTY, AND ALSO WITHOUT ANY RIGHT TO ENTER UPON THE SUBSURFACE OF THE PROPERTY IN SUCH MANNER AS TO MATERIALLY IMPAIR THE SUPPORT OR STABILITY OF ANY STRUCTURES OR IMPROVEMENTS FROM TIME TO TIME LOCATED ON THE PROPERTY, AS RESERVED BY THE HUNTINGTON BEACH COMPANY IN DEED RECORDED APRIL 27, 1994 AS INSTRUMENT NO 94-0291159 OF OFFICIAL RECORD. PAGE 12 EXHIBIT B Nothing listed on this Exhibit 12166299 L-I .nd 13 Muncingtnn S..ch I.rc.pt I (f) Shall Strtp), 21 b1 sM Ic) w .r CCyot. M11L-L. Mirada and Pull.rtunpl.. .r1 [., "!Ib)-(d) .nd 1.-Mllltup , 15-Long Mooch, I. Yd it-B..ch Mod 19-At1Cn t.,16-Bak .r.ll.ld Alp,2P-o.td.n r..t 2/22/96 34. Prior to recordation of the tract map, the Fire Department will verify that all applicable measures have been imposed on the project in order to maintain established emergency response policy of 80% of all calls completed within five (5) minutes. a. Prior to issuance of building permits pay fair share for: 1) future Springdale Fire Station and equipment; 2) "Opticom " traffic control systems; 3) 3 additional paramedics for Gothard Station; 4) improvements to City's water distribution system; and 5) completion of cross -gap connector. b. Prior to issuance of building permits provide automatic fire sprinkler protection in all structures over 5,000 square feet in total area and in all structures with substandard access and/or insufficient fire flow as determined by the Fire Department. I 35. Provide and develop a minimum .55 acre greenbelt area in lower and minimum .55 acre greenbelt area in upper Seacliff , prior to issuance of any building permits. 36. Maintain current water level of service by complying with water system improvements contained in the City's Water Masterplan and specific Water Department recommendations. Compliance shall be demonstrated prior to occupancy of the first unit of the tentative tract. 37. This Tentative Tract Map shall become null and void unless exercised by February 2, 1994 , or unless extended by the Planning Commission pursuant to a written request. B-5 ZONE CHANGE NO. 90 -13/TENTATIVE TRACT NO. 14244/CONDITIONAL EXCEPTION VARIANCE NO. 90-41: APPLICANT : Pacific Coast Homes LOCATION : Terminus of Island Bay Lane i Zone change No. 90-13 is a request to rezone a 2.89 acre parcel from R4-01 to Ri. Tentative Tract Map No. 14244 is a request to subdivide a 2.89 acre parcel into thirteen (13) lots pursuant to Section 9998 of the Huntington Beach Ordinance Code. Conditional Exception (Variance ) No. 91 -41 is a request to exceed the maximum 550 on cul -de-sac length. PC Minutes - 1/28/92 -23-(3053d) STAFF RECOMMEDATION: Staff recommends that the Planning Commission: A. Approve Zone Change No. 90-13 with findings and forward to City Council for adoption; and B. Approve Tentative Tract Map No. 14244 and Conditional Exception (Variance) No. 90-41. Tom Zanic, representing applicant, spoke in support of the project. Nick Tomaino, asked the Co mmission to assure that view corridors are kept open space and do not later become access points. Jay Kreitz, 19781 Island Bay, expressed his appreciation to the Co mmission and the Sub-Division Co mmittee for their work. He also voiced a few concerns regarding open space, additions to driveways and red curbing on view corridors. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY KIRKLAND, SECOND BY RICHARDSON, TO APPROVE ZONE CHANGE NO. 90-13 WITH FINDINGS AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Bourguignon, Leipzig NOES: None ABSENT: Dettloff ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE TENTATIVE TRACT MAP NO. 14244 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Bourguignon, Leipzig NOES: None ABSENT: Dettloff ABSTAIN: None MOTION PASSED PC Minutes - 1/28/92 -24- (3053d) A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON , TO APPROVE CONDITIONAL EXCEPTION (VARIANCE ) NO. 90 -41 WITH ALTERNATIVE FINDINGS AND CONDITIONS OF APPROVAL , BY THE FOLLOWING VOTE: AYES: Kirkland , Newman, Richardson , Shomaker , Bourguignon, Leipzig NOES: None ABSENT: Dettloff ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ZONE CHANGE NO. 90-13: 1. The proposed zone change from R4 -O1 to R1 conforms with the Land Use Element of the General Plan which designates the site as Low Density Residential. 2. The proposed zone change from R4 -O1 to R1 is consistent with surrounding low density residential land uses. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION VARIANCE NO 90-41: 1. The location of the parcel is over 300 feet from the nearest public street which justifies granting exceed the maximum 550 feet cul-de-sac length as the only feasible access to the site. 2. The granting of Conditional Exception (Variance ) No. 90-41 to exceed the maximum 550 feet cul -de-sac length will not be materially detrimental to the public safety and welfare because the homes will have automatic fire sprinklers. 2. The granting of Conditional Exception (Variance ) No. 90-41 to exceed the maximum 550 foot cul-de -sac length will not adversely affect the General Plan of the City of Huntington Beach because extending the cul -de-sac provides the only feasible access to the site. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 14244: 1. The size , depth , frontage, street width, and other design features of the proposed subdivision for Tentative Tract Map No. 14244 are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of Low Density Residential was implemented. 3. The site is relatively flat and physically suitable for the proposed density of 3.7 units per gross acre. PC Minutes - 1/28/92 -25- (3053d) 0 4. Tentative Tract Map No. 14244 for a thirteen (13) lot subdivision is consistent with the goals and policies of the Huntington Beach General Plan. ONDITIONS OF APPROVAL - TENTATIVE TRACT NO 14244: 1. The tentative tract map received and dated January 23, 1992, shall be the approved layout with the following modification: a. Relocate existing fire hydrant on Island Bay Lane to directly in front of western view corridor. 2. Red -curb area in front of both view corridors. 3. The sewer and water system, and appurtenances , shall be dedicated to the City of Huntington Beach. 4. If the Island Bay Lane cul-de-sac is vacated the Developer shall remove the abandoned improvements and construct reasonable site improvements within the adjacent lots to match existing site improvements, as determined by the Department of Public Works. 5. Properties adjacent to the Golf Course are subject to Flood Hazard. Detailed drainage plans and hydrology studies will be required to ensure that drainage in the Golf Course swale will remain on Golf Course property. 6. The extension of Island Bay cul-de-sac will require upsizing of the existing six-inch (6") main in Island Bay Circle to an eight-inch (8") main from Morningtide Drive. 7. The water system shall be looped through to Bay Harbor Lane via a 10.00 foot wide waterline easement as shown on the tentative map. 8. Provide fire hydrants per Fire Department standards. 9. Street shall have minimum width of forty feet (40') curb to curb. 10. Project shall comply with Fire Code Specifications #422, #429, and #431 for the abandonment of and soils/site restoration. oil wells, methane mitigation, 11. Streets and fire hydrants shall be completed prior to combustible construction phase. 12. A fire protection shall be submitted to the Fire Department complying with Fire Code Specification #426. 13. Water main to be looped with two (2) connections. 14. Cul-du-sac shall be eighty feet (80') minimum width curb to curb. 15. All buildings shall have automatic fire sprinkler systems. PC Minutes - 1/28/92 -26- (3053d) 16. Prior to issuance of building permit, the final tract map shall be accepted by the City Council, recorded with Orange County Recorder and a copy filed with the Department of Community Development. 17. The development shall comply with all applicable provisions of the ordinance code, Building Division , and Fire Department. 18. All building spoils, such a unusable lumber, wire , pipe, and other surplus or unusable material , shall be disposed of at an off-site facility equipped to handle them. 19. Comply with all applicable mitigation measures contained in Negative Declaration No. 90-28. 20. During construction , the applicant shall: a. Use low sulfur fuel for construction equipment; b. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); and c. Discontinue construction during second staff smog alerts. 21. Construction shall be limited to Monday - Friday 7:00 AM to 5:00 PM. Construction shall be prohibited Saturdays, Sundays and Federal holidays. 22. Tentative Tract Map No. 14244 shall not become effective until Zone Change No. 90 -13 has been approved by the City Council and in effect. 23. Prior to submittal of working drawings for building permits, a tract site plan shall be submitted to the Department of Co mmunity Development for review. 24. Custom lot development shall be subject to the approval of a Use Permit by the Zoning Administrator. 25. Prior to issuance of building permits pay Park and Recreation in-lieu fees or dedicate land. 26. Prior to submitting the final map, CC&R's shall be prepared which are compatible with the existing CC&R's and submitted for review to the Department of Community Development and approved as to form by the City Attorney. 27. All fencing shall be set back to the front building face on flag lots. 28. All existing concrete block walls which separate the tentative tract from existing homeowner property shall remain intact as constructed unless removal is agreed to in writing by the homeowner and the developer. PC Minutes - 1/28/92 -27-(3053d) 29. Removal of any existing former oil island block walls(s) or section of block wall (s) shall be done in a manner which maintains the structural integrity of remaining wall (s). Any damage done to existing block wall (s) or fence shall be restored at the developer 's expense prior to final inspection of first unit. 30. New block walls which align with and are adjacent to existing exterior walls shall be contructed of similar materials and in a style compatible with existing walls . No new walls shall be built in front of existing golf course fronting homes without the homeowner 's written consent. 31. All existing mature trees shall be identified by the developer prior to issuance of building permits. Replacement of trees shall be 36 inch box replaced on a two for one ratio and shall be within the tentative tract map boundaries in the same location , if feasible. 32. Drainage from the tentative tract shall not add to existing drainage problems in the existing neighborhoods. 33. Prior to issuance of grading permits for each tentative map, drainage alterations and improvements shall be approved by the Department of Public Works. 34. Prior to recordation of the tract map, the Fire Department will verify that all applicable measures have been imposed on the project in order to maintain established emergency response policy of 80% of all calls completed within five (5) minutes. a. Prior to issuance of building permits pay fair share for: 1) future Springdale Fire Station and equipment; 2) "Opticom " traffic control systems; 3) 3 additional paramedics for Gothard Station; 4) improvements to City's water distribution system; and 5) completion of cross -gap connector. b. Prior to issuance of building permits provide automatic fire sprinkler protection in all structures over 5,000 square feet in total area and in all structures with substandard access and/or insufficient fire flow as determined by the Fire Department. 35. Provide and develop a minimum .55 acre greenbelt area in lower and minimum .55 acre greenbelt area in upper Seacliff , prior to issuance of any building permits. 36. Maintain current water level of service by complying with water system improvements contained in the City's Water Masterplan and specific Water Department recommendations. Compliance shall be demonstrated prior to occupancy of the first unit of the tentative tract. PC Minutes - 1/28/92 -28- (3053d) • 37. This Tentative Tract Map shall become null and void unless exercised by February 2, 1994, or unless extended by the Planning Co mmission pursuant to a written request. PC Minutes - 1/28/92 -29-(3053d) . ar - uor 5rl'tw cs -Pva-& os -C4L - &C i s - Tv)pa i L Vt v ' c • -tom a ELZe4`l & ova 1'Ivy. 7 -C t 4 c ,° WILt - `A, 'j'e'Fr - 4- -N51o.l (-A l 14/XME,O l L.o'4 - - `i'{/1JD07LEIL't' S t1 K 1o ' W C T/ti "Fioy _ 1711 !S b 1 WA L. W ILA- -,A/+NX I!f vv(DTr-SI - b.41M01p^ N 17 - 5 LC . to(Io1o St Iiipw4 ' 51Q 091. l5 F-5 t AN T C ' '?= '$a moll ' Ga . L-00 NOMM 4710 (97 - 25') 1 1-101 IGI t0.0-2, I5L JI7 - w 1 10 1 t/ .4 L tI a! c.. ®- 01 LAO -1 - I q, %I C L A , . 2 . 1 0-021 1 L,pW (Wp4Lpj M' °1I°%-10011 16 - Ilc.a-I1 N 11 ISI CAL.-PoV,l.o 6 l Lk) (PGA - t23o t;'',2-O-L54 (g) '9.p aio--4 C4I WAL-I- p colt- 1SMtj de- 1,, _ IAP-IW&,,Nom!®.° ? te • • V-P vim '12.= 2 el 9 ,4 - if LAP,gL--3r W LS Cr. a ss--g mss`- 1 Z:5- 2-5 gyp - Z.Lt • I *-twoa,l pro-3i(3 03 C vN $> IL40 LAZ[lo-3,.% tL4- a1 sraff )untingtort beach departmerf of community development EPOR TO: Planning Commission FROM : Community Development DATE : January 28, 1992 SUBJECT : ZONE CHANGE NO. 90 -13/TENTATIVE TRACT MAP NO. 14244/ CONDITIONAL EXCEPTION (VARIANCE) NO. 90-41 APPLICANT/ Pacific Coast Homes , 2124 Main Street, #200, PROPERTY Huntington Beach , CA 92648 OWNER: REQUEST: Change existing zoning from R4-01 to R1; Subdivide a 2.89 acre parcel into thirteen (13) lots; and exceed the maximum 550 feet cul-de-sac length. LOCATION: Terminus of Island Bay Lane DATE ACCEPTED : January 9, 1992 ZONE: R4-01 (High Density Residential -Oil Production) ENERAL PLAN: Low Density Residential EXI IN Vacant (former oil production site) ACREAGE: 2.89 acres 1 SUGGE TED A TI N: Motion to: A. "Approve Zone Change No. 90 -13 with findings and forward to City Council for adoption;" and B. "Approve Tentative Tract Map No. 14244 and Conditional Exception (Variance) No. 90-41." 2.0 GENERAL INF RMATI N: Zone change No. 90 -13 is a request to rezone a 2.89 acre parcel from R4-01 to R1. Tentative Tract Map No. 14244 is a request to subdivide a 2.89 acre parcel into thirteen (13) lots pursuant to Section 9998 of the Huntington Beach Ordinance Code. Conditional Exception (Variance ) No. 91 -41 is a request to exceed the maximum 550 on cul-de-sac length. A -F M-23C 3 URRO NDIN LAND E Z NIN AND ENERAL PLAN DE I NATI NS: W r r I GENERAL PLAN DESIGNATION : Low Density Residential ZONE: R1 (Low Density Residential) LAND USE : Single Family Dwellings N r h f b' Pr r GENERAL PLAN DESIGNATION: Open Space -Recreation ZONE: ROS-01 (Recreation Open Space-Oil Production) LAND USE: Seacliff Golf Course 4 ENV I R NMENTAL T T . This project is covered by Negative Declaration No. 90 -28 which was approved by the City Council on May 16, 1991. Negative Declaration No. 90 -28 contains mitigation measures which will reduce impacts to existing neighborhoods and city infrastructure (Attachment No. 3). The project will comply with all mitigation measures prior to issuance of the first building permit or as specified in the mitigation measure. A TA Not applicable. REDEVEL PMENT T Not applicable. 7 PE IFI PLAN: Not applicable. BDIVI I N OMMITT . On January 9, 1992, the Subdivision Committee reviewed Tentative Tract Map No. 14244 and reco mmends approval to the Planning Co mmission. Tentative Tract Map No. 14244 has been revised to provide visual access to the golf course, deletion of lot variances and compatible grade elevations. 9 0 I AND ANALY I : Zon Chan N 0-1 Zone Change No. 90 -13 has been initiated by the developer in order to rezone the 2.89 acre parcel from R4-01 (maximum 35 units/acre) to R1 (maximum 7 units/acre). The rezone to R1 will bring the site into conformance with the existing General Plan Designation of Low Density Residential (maximum 7 units per acre). The surrounding zoning for the existing Seacliff neighborhood is R1, therefore, the zone change request is compatible with existing development. Staff Report - 1/28/92 -2- (2066d) T n 4 Tentative Tract No. 14244 is a request to subdivide a 2.89 acre parcel into thirteen (13) lots . All of the proposed lots meet the City's minimum 6,000 square foot lot size and lot frontage width. The developer is requesting to exceed the maximum 550 foot cul-de -sac length . Due to the nature of the lot configuration and existing reduced lot frontages in the Seacliff area , staff supports the request . The Fire Department has required full mitigation such as all homes sprinklered , an additional fire hydrant and full turn -around. 1 I N: Staff recommends that the Planning Commission approve Zone Change No. 90-13, Tentative Tract Map No . 14244 and Conditional Exception (Variance ) No. 90 -41 with the following findings and suggested conditions of approval: N I F R P V - HAN E - 1. The proposed zone change from R4 -O1 to R1 conforms with the Land Use Element of the General Plan which designates the site as Low Density Residential. 2. The proposed zone change from R4 -O1 to R1 is consistent with surrounding low density residential land uses. FI D' - I N VARIA E N -41: 1. The location of the parcel is over 300 feet from the nearest public street which justifies granting exceed the maximum 550 feet cul-de-sac length as the only feasible access to the site. 2. The granting of Conditional Exception (Variance ) No. 90-41 to exceed the maximum 550 feet cul-de-sac length will not be materially detrimental to the public safety and welfare because the homes will have automatic fire sprinklers. 2. The granting of Conditional Exception (Variance) No. 90-41 to exceed the maximum 550 foot cul -de-sac length will not adversely affect the General Plan of the City of Huntington Beach because extending the cul -de-sac provides the only feasible access to the site. FINDIN F R APPR VAL - TENTATIVE T T P N 14244: 1. The size , depth , frontage , street width , and other design features of the proposed subdivision for Tentative Tract Map No. 14244 are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. Staff Report - 1/28/92 -3- (2066d) 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of Low Density Residential was implemented. 3. The site is relatively flat and physically suitable for the proposed density of 3.7 units per gross acre. 4. Tentative Tract Map No. 14244 for a thirteen (13) lot ' subdivision is consistent with the goals and policies of the Huntington Beach General Plan. ONDITION F A VAL - E IVE T N 14244: 1. The tentative tract map received and dated January 23, 1992, shall be the approved layout. 2. The sewer and water system , and appurtenances , shall be 'dedicated to the City of Huntington Beach. 3. If the Island Bay Lane cul-de -sac is vacated the Developer shall remove the abandoned improvements and construct reasonable site improvements within the adjacent lots to match existing site improvements, as determined by the Department of Public Works. 4. Properties adjacent to the Golf Course are subject to Flood Hazard . Detailed drainage plans and hydrology studies will be required to ensure that drainage in the Golf Course swale will remain on Golf Course property. 5. The extension of Island Bay cul -de-sac will require upsizing of the existing six-inch (6") main in Island Bay Circle to an eight-inch (8") main from Morningtide Drive. 6. The water system shall be looped through to Bay Harbor Lane via a 10.00 foot wide waterline easement as shown on the tentative map. 7. Provide fire hydrants per Fire Department standards. 8. Street shall have minimum width of forty feet (40') curb to curb. 9.Project shall comply with Fire Code Specifications #422, #429, and #431 for the abandonment of and soils /site restoration. oil wells, methane mitigation, 10. Streets and fire hydrants shall be completed prior to combustible construction phase. 11. A fire protection shall be submitted to the Fire Department complying with Fire Code Specification #426. 12. Water main to be looped with two (2 ) connections. Staff Report - 1/28/92 -4- (2066d) 13. Cul-du-sac shall be eighty feet (80') minimum width curb to curb. 14. All buildings shall have automatic fire sprinkler systems. 15. Prior to issuance of building permit, the final tract map shall be accepted by the City Council, recorded with Orange County Recorder and a copy filed with the Department of Community Development. 16. The development shall comply with all applicable provisions of the ordinance code, Building Division , and Fire Department. 17. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material , shall be disposed of at an off-site facility equipped to handle them. 18. Comply with the mitigation measures contained in Negative Declaration No. 90-28. 19. During construction, the applicant shall: a. Use low sulfur fuel for construction equipment; b. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); and c. Discontinue construction during second staff smog alerts. 20. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM . Construction shall be prohibited Sundays and Federal holidays. 21. Tentative Tract Map No. 14244 shall not become effective until Zone Change No. 90-13 has been approved by the City Council and in effect. 11 ALTE NATIVE A TI N: The Planning Co mmission may modify Zone Change No. 90-13, Tentative Tract Map No. 14244 and Conditional Exception (Variance ) No. 90-41 as desired. ATTA HMENT : 1. Area map 2. Tentative Tract Map No. 14244 3. Mitigation Measures from Negative Declaration No. 90-28 4. Subdivision Minutes HS:RLF:kj1 Staff Report - 1/28/92 -5- (2066d) F. TT 14244 (ISLAND "R") HUNTINGTON BEACH PLANNING DIVISION a 0 I / 4Y 4l. S, .4Gwu .. it ` l HUNTINGTON BEACH SHEET I OF I TENTATIVE MAP TRACT NO. 14244 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE. STATE OF CALIFORNIA Ll 4GC7/CN/ A-A s G c F FFAc 1 OML 70317100 O0 7071100 1 70 1 00070 0U10a I tf 01 1151CITY 0P 0UM1$0101 aLgl OP 0M0Ua . P CYDOWII& 01 a3NCMO 4s 10.... u *11000 00 10100*P *1CG)ma1 04 WGa 01 PA01 . 01 l WH 1u1 d 1151 mnq 0/ 1151700071 aac010a oP eam CCLMR Q 7 PALM AVENUE aam0aa P1M'!,. ao oxa-ul-m t511 000031 001 .C 00 OP Pa®0aC0 loin 11 01ma CRY' OP 10131010100 BGLflc,u awnl51ax c47maau w cylvarR 1LS10471 0oScuL m Ooaa ton.e31 0P cunoaau Ra® CRY 0P 1001010700 1010311 ant 001mmw CYD01du t0m1 CG0YOa7 c®lolc solwo a4-11 aoa 00070000 2011010 0-1 O.Aa (0120011 310 6 0A10 ITiO%A Y27I00 - 0iS COIpNR1510 uu en7m aurtl 0001y -313-411 1001 OO1N 114-000-.001 1 701 mlc9urts ao 100 Mul 'al 775 *400100110111111 1401 a WM1 mvula l 93 44 SSOCk SOCIATES l 5111 CWIC K HKR 0014YN iIt.. VICINITY WAP ua. 1mar.. rav TENTATIVE MAP TRACT NO. 14244 PACIFIC COAST HOMES HUNTINGTON BEACH, CA 40`.10. t in MITIGATING MEASURES FOR ENVIRONMENTAL ASSESSMENT NO. 90-28 (As amended and approved by City Council at the meeting of May 6, 1991) Impact Mitigation 1. A Portion of the Project is 1. Prior to Subdivision located within the Alquist- Committee evaluation, a Priolo Special Hazards Study geology report shall be Zone. submitted which addresses Alquist-Priolo Special Hazards Study Zone requirements for Tentative Tract 14296. 2. Development will result in 2. Prior to issuance of grading alteration of existing permits for each tentative drainage systems. map, drainage alterations and improvements shall be approved by the Department of Public works. 3. Impact to arterial 3. Prior to Subdivision circulation in project Committee evaluation, access vicinity resulting from to Tentative Tracts 14043, proposed access design. 14243, 14319, 14320, 14321 and 14326 shall minimize potential impacts to existing arterials. 4. Measurable impacts on fire 4. Prior to recordation, the emergency response time. Fire Department will verify that all applicable measures have been imposed on the project in order to maintain established emergency response policy of 80% of all calls completed within 5 minutes. Such measures shall include but not be limited to: L- I Impact Mitigation a. Prior to issuance of building permits pay fair share for: 1) future Springdale Fire Station and equipment. 2) "Opticom" traffic control systems. 3) 3 additional paramedics 4) for Gothard Station. improvements to City's water distribution 5) system. completion of cross-gap connector. b. Prior to issuance of building permits provide automatic fire sprinkler protection in all structures over 5,000 square feet in total area and in all structures with substandard access and/or insufficient fire flow as determined by the Fire Department. c. Prior to issuance of any building permits for Tracts 14243 and 14277, Seapoint Avenue shall be completed and open to the public. 5. Need for park and 5. Provide and develop a recreational facilities minimum .55 acre in lower and upper greenbelt area in lower and Seacliff area. a minimum .55 acre greenbelt area in upper Seacliff, prior to issuance of any building permits. Location, ultimate size and function shall be, analyzed by means of a special study or a General Plan Amendment to the City's Recreational Element: This should be done concurrent with any General Plan Amendment in the area. -2- (9684d) Impact 6. Potential impact to existing level of service for water pressure and delivery. 7. Potential loss of open space. Any conversion of recreation open space designation to residential land use designation should be provided elsewhere in the area. (1 Mitigation 6. Maintain current water level of service by complying with water system improvements contained in the City's Water Masterplan and specific Water Department recommendations. Compliance shall be demonstrated prior to occupancy of the first unit of each tentative tract 7. Provide for no net loss in Recreational Open Space. Redesignation of property on an acre for acre basis from non. open space designation to R.O S. within the area bound by Garfield Avenue, Goldenwest Street, Palm Avenue and the current City boundary. 8. Potential impact on neighbor- 8. Provide project compatibility hood compatibility with regard as to lot size, frontage, to lot size and building building layout and density configuration and layout. 11 - :tea UU •U IF":::- rl II r 'i i'I1 I C O N C E P T U A L E L E V A T 1 O N I S L A N 6 L O T S P A C I F I C C (1 1 S T H O M E S U R B A N W E S F E Sr l f J W-1 'I'm K711/1 IN Co N C E P T U A L E L E V A T 1 O N I S L A H I) L I) T S P A C I F I C C )) S S T 11 0 M F. S 11 H H % S % 1 S F 1 11 \I M U S I I I I S ' r• t x+A°m n C O N C E P T U A L E L E V A T I O N I S L A N D L l) T S P A C I F I C C O A S T 110%4 E% A W E S T ( 1) N %I U I I T I L ti M r / / a 1. T Y P I C A L R E S I D E N C E P L O T T I N G I S L A N D L O f s 60' ..or urr a»e LLLJJJ S T Y P I C A I P R O P O % F 1) R i S I 1) F N l E P A C I F I C C O A S T I I O M F S U R B A N W F S T C O M M U N I I I 11 I SUBDIVISION MINUTES January 9, 1992 9:00 AM S ivi i n mmi M P Ken Bourguignon, Suzie Newman , Roy Richardson, Hal Simmons, Steve Parker ff Pr n : Robert Franklin Dev 1 r Pr n : Tom Zanic , Bill Holman lif N ' r R v Nick Tomino, Jay Krietz, Kathy Hinshu, Jeff Metzel, John Roe TENTATIVE TRA T MAP 14244: Applicant/Subdivider: Pacific Coast Homes Engineer: Walden Engineering Tentative Tract Map No. 14244 is a 17 lot subdivision for residential development purposes . The 2.26 gross acre parcel is located at the extension of Island Bay Lane. The vacant oil island property is zoned R4-01. Robert Franklin, Staff Planner, presented the tract and reported that the project was previously reviewed by the Subdivision Committee at their meeting of Wednesday, September 11, 1991. At the original time of hearing, the project was continued to allow the applicant sufficient time to revise the map based on Subdivision Committee findings and reco mmendations. Staff stated that the map was drastically revised with a reduction in lots, and a reconfiguration of the map. All Subdivision Committee recommendations have been incorporated. Modifications include a view corridor at the end of Island Bay, a view corridor to the golf course and to maintain an existing view for an existing view homeowner to the golf course. Discussion about the maps modifications ensued between Tom Zanic, representing Pacific Coast Homes, and the Subdivision Committee. Staff reported that the Departments of Fire, Public Works and Community Development had reviewed the revised map and support the amended request with the following findings and conditions of approval: 1 Subdivision Minutes 1/9/92 (1380D) Fir D r m n Fire Department Conditions of Approval: 1. Provide fire hydrants per Fire Department standards. 2. Street shall have minimum width of forty feet (40') curb to curb. 3. Project shall comply with Fire Code Specifications #422, #429, and #431 for the abandonment of oil wells, methane mitigation, and soils/site restoration. 4. Streets and fire hydrants shall be completed prior to combustible construction phase. 5. A fire protection shall be submitted to the Fire Department complying with Fire Code Specification #426. 6. Water main to be looped with two (2) connections. 7. Cul-du-sac shall be eighty feet (80') minimum width curb to curb. 8. All buildings shall have automatic fire sprinkler systems. Pu li W rk The following are suggested conditions of approval for Public Works. These are based on the understanding that the other comments in the memorandum of November 7, 1991 are addressed prior to Planning Commission approval: 1. The sewer and water system , and appurtenances, shall be dedicated to the City of Huntington Beach. 2. Island Bay Lane cul-de-sac to be vacated. The Developer shall remove the abandoned improvements and construct reasonable site improvements within the adjacent lots to match existing site improvements, as determined by the Department of Public Works. 3. Properties adjacent to the Golf Course are subject to Flood Hazard. Detailed drainage plans and hydrology studies will be required to ensure that drainage in the Golf Course swale will remain on Golf Course property. 4. The extension of Island Bay cul-de-sac will require upsizing of the existing six-inch (6") main in Island Bay Circle to an eight-inch (8") main from Morningtide Drive. 5. The water system shall be looped through to Bay Harbor Lane via a 10.00 foot wide waterline easement as shown on the tentative map. There being no further co mments, the Subdivision Committee made a motion to reco mmend approval of Tentative Tract 14244 to the Planning Commission with suggested findings and conditions of approval. Subdivision Minutes 1/9/92 (1380D) sraff nuntington beach department of community development EP OR TO: Planning Co mmission FROM: Co mmunity Development DATE: January 28, 1992 SUBJECT: ZONE CHANGE NO. 90-13/TENTATIVE TRACT MAP NO. 14244/ CONDITIONAL EXCEPTION (VARIANCE) NO. 90-41 APPLICANT/ Pacific Coast Homes, 2124 Main Street, #200, PROPERTY Huntington Beach, CA 92648 OWNER: REQUEST: Change existing zoning from R4-01 to R1; Subdivide a 2.89 acre parcel into thirteen (13) lots; and exceed the maximum 550 feet cul-de-sac length. LOCATION: DATE ACCEPTED: ZONE: GENERAL PLAN: EXISTING USE: ACREAGE: Terminus of Island Bay Lane January 9, 1992 R4-01 (High Density Residential-Oil Production) Low Density Residential Vacant (former oil production site) 2.89 acres 1.0 SUGGESTED ACTION: Motion to: A. "Approve Zone Change No. 90-13 with findings and forward to City Council for adoption;" and B. "Approve Tentative Tract Map No. 14244 and Conditional Exception (Variance) No. 90-41." 2.0 GENERAL INFORMATION: Zone change No. 90-13 is a request to rezone a 2.89 acre parcel from R4-01 to R1. Tentative Tract Map No. 14244 is a request to subdivide a 2.89 acre parcel into thirteen (13) lots pursuant to Section 9998 of the Huntington Beach Ordinance Code. Conditional Exception (Variance) No. 91-41 is a request to exceed the maximum 550 on cul-de-sac length. A-FM-23C • 3.0 SURROUNDING LAND USE ZONING AND GENERAL PLAN DESIGNATIONS: S u h East and West of Sub' r er . GENERAL PLAN DESIGNATION : Low Density Residential ZONE : R1 (Low Density Residential) LAND USE: Single Family Dwellings N rth of Sub'ec Pro rt : GENERAL PLAN DESIGNATION: Open Space -Recreation ZONE: ROS-O1 (Recreation Open Space-Oil Production) LAND USE : Seacliff Golf Course 4 ENVIRONMENTAL STAT . This project is covered by Negative Declaration No. 90-28 which was approved by the City Council on May 16, 1991 . Negative Declaration No. 90 -28 contains mitigation measures which will reduce impacts to existing neighborhoods and city infrastructure (Attachment No. 3). The project will comply with all mitigation measures prior to issuance of the first building permit or as specified in the mitigation measure. .0 OASTAL STATUS : Not applicable. 6.0 REDEVELOPMENT STAT S: Not applicable. 7.0 SPECIFI PLAN: Not applicable. 8.0 SUBDIVISI N COMMITTEE: On January 9, 1992, the Subdivision Committee reviewed Tentative Tract Map No. 14244 and reco mmends approval to the Planning Co mmission . Tentative Tract Map No. 14244 has been revised to provide visual access to the golf course, deletion of lot variances and compatible grade elevations. ISSUES AND ANALYSIS: Z ne Chan e No. 0-1 Zone Change No. 90 -13 has been initiated by the developer in order to rezone the 2 .89 acre parcel from R4-01 (maximum 35 units /acre) to R1 (maximum 7 units /acre ). The rezone to R1 will bring the site into conformance with the existing General Plan Designation of Low Density Residential (maximum 7 units per acre ). The surrounding zoning for the existing Seacliff neighborhood is R1, therefore, the zone change request is compatible with existing development. Staff Report - 1/28/92 -2- (2066d) SHEET I or i TENTATIVE MAP TRACT NO. 14244 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA tLMO RIRIal ar 1nTn $ ; Tonmtat • man , uma it ml It naCm a to 5ritam 'moo W ioa 61 r.Ct...1 „xwmm a.:ri uI"'i,ali 010100of mi NofN aN M[ 0001071 II[NROU Of NJ! 000Nn fpl 1RUN0 •r TRACT FaI,tN 01 t PALM AVENUE SOVICINITY WAP utmara r5acn NR ata-Ial Yan aeaRAac a 00 Or rto,mm IOn o tAns CRY or NYNIfoCTOo $05011 a5$ t01R11Oo C41RUlu 0,D OmAfLI/ m00000 at .OAS ,Canal! at?YR Of Co OaX0 aria CRY of 1ONRm q, two lCCTt1O 1NRN0$$ CAWOlM t000N 000750% 010!11X5 tONpO $5-a1 070• tmroam 0111010, 0-1 Rt0T R 00 NWCrn5 c.a:NaNr To l lout ISt1 B N xWtua Omrw11101 Wp1 altar aunt tmNuoWootot 10000 a 1010$u-uo-5011 alto Lots altos, loin no IWI. IAast 00171110N0"Rmt0K $05010 Cs 11X5 Lana. 0u 5$115 -MO-•m. -MO-0110 ALDEN k SSOCIATES T.rb , TENTATIVE MAP TRACT NO. 14244 PACIFIC COAST HOMES HUNTINGTON BEACH, CA eLLL •K .. .. . Nf'7 r,Jr)N7/!7)/ 21 /w vns7 Y 8/ Z/ { t „•11 I ! c , a 11 0 CO ZIP ('1 5<s Yl rw 1'-r y'p w 1~ a _ L 9 pawl ' - ,Y 1. Y',';r , r%,a' a `mow 1{,,- •,1 '°v a U O.Q o ' hisb y ,rAA.(; r, 1 M 15 olvav 30 • 34. Prior to recordation of the tract map, the Fire Department will verify that all applicable measures have been imposed on the project in order to maintain established emergency response policy of 80% of all calls completed within five (5) minutes. a. Prior to issuance of building permits pay fair share for: 1) future Springdale Fire Station and equipment; 2) "Opticom " traffic control systems; 3) 3 additional paramedics for Gothard Station; 4) improvements to City's water distribution system; and 5) completion of cross -gap connector. b. Prior to issuance of building permits provide automatic fire sprinkler protection in all structures over 5,000 square feet in total area and in all structures with substandard access and/or insufficient fire flow as determined by the Fire Department. 35. Provide and develop a minimum .55 acre greenbelt area in lower and minimum .55 acre greenbelt area in upper Seacliff, prior to issuance of any building permits. 36. Maintain current water level of service by complying with water system improvements contained in the City 's Water Masterplan and specific Water Department reco mmendations. Compliance shall be demonstrated prior to occupancy of the first unit of the tentative tract. 37. This Tentative Tract Map shall become null and void unless exercised by February 2, 1994 , or unless extended by the Planning Commission pursuant to a written request. B-5 ZONE CHANGE NO. 90 -13 TENTATIVE TRACT NO . 14244 /CONDITIONAL EXCEPTION VARIANCE NO. 90-41: APPLICANT: Pacific Coast Homes LOCATION : Terminus of Island Bay Lane Zone change No. 90 -13 is a request to rezone a 2.89 acre parcel from R4-01 to R1. Tentative Tract Map No. 14244 is a request to subdivide a 2.89 acre parcel into thirteen (13) lots pursuant to Section 9998 of the Huntington Beach Ordinance Code. Conditional Exception (Variance ) No. 91-41 is a request to exceed the maximum 550 on cul -de-sac length. PC Minutes - 1/28/92 -23-(3053d) TAFF RECOMMEDATION: Staff reco mmends that the Planning Co mmission: A. Approve Zone Change No. 90-13 with findings and forward to City Council for adoption; and B. Approve Tentative Tract Map No. 14244 and Conditional Exception (Variance ) No. 90-41. Tom Zanic , representing applicant, spoke in support of the project. Nick Tomaino , asked the Commission to assure that view corridors are kept open space and do not later become access points. Jay Kreitz , 19781 Island Bay, expressed his appreciation to the Co mmission and the Sub -Division Committee for their work. He also voiced a few concerns regarding open space , additions to driveways and red curbing on view corridors. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY KIRKLAND , SECOND BY RICHARDSON, TO APPROVE ZONE CHANGE NO . 90-13 WITH FINDINGS AND FORWARD TO CITY COUNCIL FOR ADOPTION , BY THE FOLLOWING VOTE: AYES : Kirkland , Newman, Richardson, Shomaker, Bourguignon, Leipzig NOES: None ABSENT : Dettloff ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY RICHARDSON , SECOND BY BOURGUIGNON, TO APPROVE TENTATIVE TRACT MAP NO. 14244 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL , BY THE FOLLOWING VOTE: AYES : Kirkland , Newman, Richardson , Shomaker , Bourguignon, Leipzig NOES: None ABSENT: Dettloff ABSTAIN: None MOTION PASSED PC Minutes - 1/28/92 -24- (3053d) A MOTION WAS MADE BY RICHARDSON , SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL EXCEPTION (VARIANCE ) NO. 90 -41 WITH ALTERNATIVE FINDINGS AND CONDITIONS OF APPROVAL , BY THE FOLLOWING VOTE: .f 1 AYES: Kirkland , Newman, Richardson , Shomaker, Bourguignon, Leipzig NOES: None ABSENT: Dettloff ABSTAIN: None MOTION PAS ED FINDINGS FOR APPROVAL - ZONE CHANGE NO. 90-13: 1. The proposed zone change from R4-O1 to R1 conforms with the Land Use Element of the General Plan which designates the site as Low Density Residential. 2. The proposed zone change from R4-O1 to R1 is consistent with surrounding low density residential land uses. FINDING FOR APPROVAL - CONDITIONAL EXCEPTION VARIANCE NO 0-41: 1. The location of the parcel is over 300 feet from the nearest public street which justifies granting exceed the maximum 550 feet cul-de-sac length as the only feasible access to the site. 2. The granting of Conditional Exception (Variance) No. 90-41 to exceed the maximum 550 feet cul-de-sac length will not be materially detrimental to the public safety and welfare because the homes will have automatic fire sprinklers. 2. The granting of Conditional Exception (Variance) No. 90-41 to exceed the maximum 550 foot cul -de-sac length will not adversely affect the General Plan of the City of Huntington Beach because extending the cul -de-sac provides the only feasible access to the site. FINDING FOR APPROVAL - TENTATIVE TRACT MAP NO. 14244: 1. The size , depth , frontage , street width , and other design features of the proposed subdivision for Tentative Tract Map No. 14244 are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of Low Density Residential was implemented. 3. The site is relatively flat and physically suitable for the proposed density of 3.7 units per gross acre. PC Minutes - 1/28/92 -25-(3053d) 4. Tentative Tract Map No . 14244 for a thirteen (13) lot subdivision is consistent with the goals and policies of the Huntington Beach General Plan. ONDITIONS OF APPR VAL - TENTATIVE TRA T NO 14244: 1. The tentative tract map received and dated January 23, 1992, shall be the approved layout with the following modification: a. Relocate existing fire hydrant on Island Bay Lane to directly in front of western view corridor. 2. Red -curb area in front of both view corridors. 3. The sewer and water system, and appurtenances, shall be dedicated to the City of Huntington Beach. 4. If the Island Bay Lane cul -de-sac is vacated the Developer shall remove the abandoned improvements and construct reasonable site improvements within the adjacent lots to match existing site improvements , as determined by the Department of Public Works. 5. Properties adjacent to the Golf Course are subject to Flood Hazard. Detailed drainage plans and hydrology studies will be required to ensure that drainage in the Golf Course swale will remain on Golf Course property. 6. The extension of Island Bay cul -de-sac will require upsizing of the existing six-inch (6") main in Island Bay Circle to an eight -inch (8") main from Morningtide Drive. 7. The water system shall be looped through to Bay Harbor Lane via a 10.00 foot wide waterline easement as shown on the tentative map. 8. Provide fire hydrants per Fire Department standards. 9. Street shall have minimum width of forty feet (40') curb to curb. 10. Project shall comply with Fire Code Specifications #422, #429, and #431 for the abandonment of and soils /site restoration. oil wells , methane mitigation, 11. Streets and fire hydrants shall be completed prior to combustible construction phase. 12. A fire protection shall be submitted to the Fire Department complying with Fire Code Specification #426. 13. Water main to be looped with two (2) connections. 14. Cul-du-sac shall be eighty feet (80') minimum width curb to curb. 15. All buildings shall have automatic fire sprinkler systems. PC Minutes - 1/28/92 -26- (3053d) 16. Prior to issuance of building permit, the final tract map shall be accepted by the City Council, recorded with Orange County Recorder and a copy filed with the Department of Community Development. 17. The development shall comply with all applicable provisions of the ordinance code, Building Division , and Fire Department. 18. All building spoils, such a unusable lumber, wire , pipe, and other surplus or unusable material , shall be disposed of at an off-site facility equipped to handle them. 19. Comply with all applicable mitigation measures contained in Negative Declaration No. 90-28. 20. During construction , the applicant shall: a. Use low sulfur fuel for construction equipment; b. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); and c. Discontinue construction during second staff smog alerts. 21. Construction shall be limited to Monday - Friday 7:00 AM to 5:00 PM. Construction shall be prohibited Saturdays, Sundays and Federal holidays. 22. Tentative Tract Map No. 14244 shall not become effective until Zone Change No. 90-13 has been approved by the City Council and in effect. 23. Prior to submittal of working drawings for building permits, a tract site plan shall be submitted to the Department of Community Development for review. 24. Custom lot development shall be subject to the approval of a Use Permit by the Zoning Administrator. 25. Prior to issuance of building permits pay Park and Recreation in-lieu fees or dedicate land. 26. Prior to submitting the final map, CC&R's shall be prepared which are compatible with the existing CC&R's and submitted for review to the Department of Community Development and approved as to form by the City Attorney. 27. All fencing shall be set back to the front building face on flag lots. 28. All existing concrete block walls which separate the tentative tract from existing homeowner property shall remain intact as constructed unless removal is agreed to in writing by the homeowner and the developer. PC Minutes - 1/28/92 -27-(3053d) 0 29. Removal of any existing former oil island block walls(s) or section of block wall(s) shall be done in a manner which maintains the structural integrity of remaining wall(s). Any damage done to existing block wall(s) or fence shall be restored at the developer's expense prior to final inspection of first unit. 30. New block walls which align with and are adjacent to existing exterior walls shall be contructed of similar materials and in a style compatible with existing walls. No new walls shall be built in front of existing golf course fronting homes without the homeowner's written consent. 31. All existing mature trees shall be identified by the developer prior to issuance of building permits. Replacement of trees shall be 36 inch box replaced on a two for one ratio and shall be within the tentative tract map boundaries in the same location, if feasible. 32. Drainage from the tentative tract shall not add to existing drainage problems in the existing neighborhoods. 33. Prior to issuance of grading permits for each tentative map, drainage alterations and improvements shall be approved by the Department of Public Works. 34. Prior to recordation of the tract map, the Fire Department will verify that all applicable measures have been imposed on the project in order to maintain established emergency response policy of 80% of all calls completed within five (5) minutes. a. Prior to issuance of building permits pay fair share for: 1) future Springdale Fire Station and equipment; 2) "Opticom" traffic control systems; 3) 3 additional paramedics for Gothard Station; 4) improvements to City's water distribution system; and 5) completion of cross-gap connector. b. Prior to issuance of building permits provide automatic fire sprinkler protection in all structures over 5,000 square feet in total area and in all structures with substandard access and/or insufficient fire flow as determined by the Fire Department. 35. Provide and develop a minimum .55 acre greenbelt area in lower and minimum .55 acre greenbelt area in upper Seacliff, prior to issuance of any building permits. 36. Maintain current water level of service by complying with water system improvements contained in the City's Water Masterplan and specific Water Department recommendations. Compliance shall be demonstrated prior to occupancy of the first unit of the tentative tract. PC Minutes - 1/28/92 -28- (3053d) 37. This Tentative Tract Map shall become null and void unless exercised by February 2, 1994, or unless extended by the Planning Co mmission pursuant to a written request. PC Minutes - 1/28/92 -29- (3053d) Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 January 31, 1992 Pacific Coast Homes 2124 Main Street, #200 Huntington Beach , CA 92648 SUBJECT : ZONE CHANGE NO. 90 -9/TENTATIVE TRACT MAP NO . 14042/ CONDITIONAL EXCEPTION (VARIANCE ) NO. 90-38 REQUEST : Change existing zoning from R4-01 to R1 ; Subdivide a 2.46 acre parcel into nine (9) lots; and reduce two (2) lot frontages from required 45 feet to 20 feet and 30 feet. LOCATION: South side of Evening Hill Drive approximately W feet west of Surfdale Drive DATE OF APPROVAL: January 28, 1992 V 1. The proposed zone change from R4-O1 to R1 conforms with the Land Use Element of the General Plan designation of Low Density Residential. 2. The proposed zone change from R4 -0 1 to R1 is consistent with surrounding low density residential land uses which conforms with Low Density Residential. V 1. The narrow width and the dedication of the .56 acre greenbelt present unique hardships which justify the granting of Conditional Exception (Variance ) No. 90-38. 2. The granting of Conditional Exception (Variance) No. 90-38 for reduced lot frontage to 20 feet and 30 feet will not be materially detrimental to the public safety and welfare because an extra parking spaces will be provided on-site for each lot with reduced frcntage. 3. The granting of Conditional Exception (Variance ) No. 90 -38 for reduced frontage to 20 feet and 30 feet will not adversely affect the General Plan of the City of Huntington Beach because and extra on-site parking space will be provided on each lot with reduced frontage.. Conditional ExceQtion (Variance) No. 90-38 • Page Two N IN F A PR VA - TENTA 'IVE T T MA 42: 1. The size , depth , frontage , street width , and other design features of the proposed subdivision for Tentative Tract Map No. 14042 are in compliance with the standard .plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of Low Density Residential was implemented. 3. The site is relatively flat and physically suitable for the proposed density of 3.7 units per gross acre. 4. Tentative Tract Map No . 14042 for a nine (9) lot subdivision is consistent with the goals and policies of the Huntington Beach General Plan because of general conformance with the R1 zoning standards. V - 1. The tentative tract map received and dated January 23, 1992, shall be the approved layout with the following modification: a. Provide one (1) additional on-site parking space for each lot with reduced frontage. 2. Dedicate the .56 acre greenbelt prior to recordation of the final map. 3. All vehicular access rights to Evening Hill Drive shall be released and relinquished to the City of Huntington Beach, except at locations approved by the Planning Commission. 4. The sewer , storm drain and water system, and appurtenances, shall be dedicated to the City of Huntington Beach. 5. Repair off -grade section sidewalk al3ng Evening Hill Drive. 6. Install two (2) fi'e hydrants prior to combustible construction. 7. Prior to issuance of building permits oil wells and facilities shall be abandoned pursuant to Huntington Beach Fire Codes and City Specifications No. 422 and 431. Zone Change no. 90- Tentative Tract Map 3. 14042/ Conditional Exception (Variance) No. 90-38 Page Three 8. Prior to issuance of building permits methane barriers and protection shall be installed pursuant to Huntington Beach Fire Department City Specification No. 429. 9. Prior to issuance of building permits, the final tract map shall be accepted by the City Council , recorded with Orange County Recorder and a copy filed with the Department of Community Development. 10. The development shall comply with all applicable provisions of the ordinance code , Building Division, and Fire Department. 11. All building spoils , such a unusable lumber , wire , pipe, and other surplus or unusable material , shall be disposed of at an off-site facility equipped to handle them. 12. Comply with all applicable mitigation measures contained in Negative Declaration No. 90-28. 13. Uu=;,ig construction , the applicant shall: a. Use low sulfer fuel for construction equipment; b. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); and c. Discontinue construction during second staff smog alerts. 14. Construction shall be limited to Monday - Friday 7:00 AM to 5:00 PM . Construction Fhall be prohibited Saturdays, Sundays and Federal holidays. 15. Tentative Tract Map No. 14042 shall not become effective until Zone Change No. 90-9 has been approved by the City Council and in effect. 16. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final inspection. 17. The developer will be responsible for the payment of any additional fees adopted in the -upcoming - Water Division Financial Master Plan. 18. Prior to submittal of working drawings for buildaag permits, a tract site plan shall be submitted to the Department of Community Development for review. Zone Change No. 90-94 Tentative Tract Map 14042/ Conditional Exception (Variance ) No. 90-38 Page Four 19. Custom lot development shall be subject to the approval of a Use Permit by the Zoning Administrator. 20. Prior to issuance of building permits pay Park and Recreation in-lieu fees or dedicate land. 21. Prior to submitting the final map, CC&R 's shall be prepared which are compatible with the existing CC&R's and submitted for review to the Department of Community Development and approved as to form by the City Attorney. 22. All fencing shall be set back to the front building face on flag lots. 23. All existing concrete block walls which separate the tentative tract from existing homeowner property shall remain intact as constructed unless removal is agreed to in writing by the homeowner and the developer. 24. Removal of any existing former oil island block walls(s) or section of block wall (s) shall be done in a manner which maintains the structural integrity of remaining wall (s). Any damage done to existing block wall (s) or fence shall be restored at the developer 's expense prior to final inspection of first unit. 25. New block walls which align with and are adjacent to existing exterior walls shall be contructed of similar materials and in a style compatible with existing walls . No new walls shall be built in front of existing golf course fronting homes without the homeowner 's written consent. 26. All existing mature trees shall be identified by the developer prior to issuance of building permits . Replacement of trees shall be 36 inch box replaced on a two for one ratio and shall be within the tentative tract map boundaries in the same location , if feasible. 27. Drainage from the tentative tract shall not add to existing drainage problems in the existing neighborhocds. 28. Prior to issuance of grading permit z for each tentative map, drainage alterations and improvements shall be approved by the Department of Public Works. Zone Change No. 90-5.., Tentative Tract Map ,. 14042/ Conditional Exception (Variance) No. 90-38 Page Five 29. Prior to recordation of the tract map, the Fire Department will verify that all applicable measures have been imposed on the project in order to maintain established emergency response policy of 80% of all calls completed within five (5) minutes. a. Prior to issuance of building permits pay foir share for: 1) future Springdale Fire Station and equipment; 2) "Opticom" traffic control systems; 3) 3 additional paramedics for Gothard Station; 4) improvements to City's water distribution system; and 5) completion of cross-gap connector. b. Prior to issuance of building permits provide automatic fire sprinkler protection in all structures over 5,000 square feet in total area and in all structures with substandard access and/or insufficient fire flow as determined by the Fire Department. 30. Prior to issuance of any building permits provide and develop a minimum .55 acre greenbelt area in lower SeaclifE. 31. Maintain current water level of service by complying with water system improvements contained in the City 's Water Masterplan and specific Water Department recommendations . Compliance shall be demonstrated prior to occupancy of the first unit of the tentative tract. 32. This Tentative Tract Map shall become null and void unless exercised by February 2, 1994 , cr unless extended by the Planning Co mmission pursuant to a written request. I hereby certify that Zone Change No. 90-9. Tentative Tract Map No. 14042 and Conditional Exception (Variance) No. 10-38 were approved by the Planning Comirission of the City of Huntington Beach on January 28, 1992 upon the foregoing findings and conditions. This approval represents conceptual approval only ; detailed plans must be submitted for review and the aforementioned conditions completed prior to final approval. Sincerely, Mike Adams , Secretary Planning Commission by: Hal 9'immons Senior Planner (2206d-1,5) 2- o5 -4 Y2--f'1 -S C L4- !fry t°MM J CS I 11 4 Huntington Beach Planning Commission P O. BOX 190 CALIFORNIA 92648 Date: Januar 31 19 2 NOTICE OF ACTION Applicant: Pacific Coast Homes, 2124 Main Street, #200, Huntington Beach, CA 92648 Subiect: CONDITIONAL EXCEPTION (VARIANCE) NO. 90-41 Your application was acted upon by the Huntington Beach Planning Co mm ission on Januar 2 1992 and your request was: WITHDRAWN APPROVED APPROVED WITH CONDITIONS XX (see attached) DISAPPROVED TABLED CONTINUED UNTIL Under the provisions of the Huntington Beach Ordinance Code, the action taken by the Planning Co mmission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of two hundred ($200) dollars and be submitted to the City Clerk's office within ten (10) days of the date of the Co mmission's action. In your case, the last day for filing an appeal and paying the filing fee is Februar 7 1 92 Provisions of the Huntington Beach Ordinance Code are such that any application becomes null and void one (1) year after final approval, unless actual construction has started. (2237d-13) I J ,j Huntington Beach Planning Commission P 0 BOX 190 CALIFORNIA 92648 Date: Januar 31 1 92 NOTICE OF ACTION TENTATIVE TRACT Applicant: Pacific Coast Homes, 2124 Main Street, #200, Huntington Beach, CA 92648 Subi ect: TENTATIVE TRACT MAP NO. 14244 Your application was acted upon by the Huntington Beach Planning Commission on Januar 28 1992 and your request was: WITHDRAWN APPROVED APPROVED WITH CONDITIONS XX (see attached) DISAPPROVED TABLED CONTINUED UNTIL Under the provisions of the Huntington Beach Ordinance Code, the action taken by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of two hundred ($200) dollars and be submitted to the City Clerk's office within ten (10) days of the date of the Commission's action. In your case, the last day for filing an appeal and paying the filing fee is Februar 7 19 2 Provisions of the Huntington Beach Ordinance Code provide that approval of this tentative tract shall expire on Januar 28 1 94 A request for extension of time must be filed with the Community Development at least thirty (30) days prior to the above expiration date. (2237d-14) Huntington Beach Planning Commission P 0. BOX 190 CALIFORNIA 92648 Date: Januar 31 19 2 NOTICE OF ACTION ZONE CHANGE Applicant: Pacific Coast Homes, 2124 Main Street, #200, Huntington Beach, CA 92648 Subiect: Zone Change 90-13 Your application to change the zoning classification upon subject property was acted on by the Huntington Beach Planning Commission at its pulic hearing on Januar 28 1992 and your request was: WITHDRAWN APPROVED APPROVED WITH CONDITIONS XX (see attached) DISAPPROVED TABLED CONTINUED UNTIL Pursuant to the Huntington Beach Ordinance Code, a reco mmendation for approval or conditional approval by the Planning Co mmission will be transmitted to the City Council to be acted on at a public hearing. A reco mmendation for denial by the Planning Co mmission will allow the City Council to deny the reclassification of property without holding a public hearing unless an appeal is filed to the City Council by you or another interested party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the party deems himself aggrieved. Said appeal must be accompanied by a filing fee of two hundred ($200) dollars and be submitted to the City Clerk's office within ten (10) days of the date of the Commission's action. In your case, the last day for filing an appeal and paying the filing fee is no a licable (2237d-15) Huntington Beach Planning Commission P 0 BOX 190 CALIFORNIA 92648 January 31, 1992 Pacific Coast Homes 2124 Main Street, #200 Huntington Beach, CA 92648 SUBJECT: ZONE CHANGE NO. 90-13/TENTATIVE TRACT MAP NO. 14244/ CONDITIONAL EXCEPTION (VARIANCE) NO. 90-41 REQUEST: Change existing zoning from R4-01 to Rl; Subdivide a 2.89 acre parcel into thirteen (13) lots; and exceed the maximum 550 feet cul-de-sac length. LOCATION : Terminus of Island Bay Lane DATE OF APPROVAL: January 28, 1992 FINDINGS FOR APPROVAL - ZONE CHANGE NO. 9 -13: 1. The proposed zone change from R4-O1 to Rl conforms with the Land Use Element of the General Plan which designates the site as Low Density Residential. 2. The proposed zone change from R4-O1 to R1 is consistent with surrounding low density residential land uses. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION VARIANCEINO. 90-41: 1. The location of the parcel is over 300 feet from the nearest public street which justifies granting exceed the maximum 550 feet cul-de-sac length as the only feasible access to the site. 2. The granting of Conditional Exception (Variance) No. 90-41 to exceed the maximum 550 feet cul-de-sac length will not be materially detrimental to the public safety and welfare because the homes will have automatic fire sprinklers. 2. The granting of Conditional Exception (Variance) No. 90-41 to exceed the maximum 550 foot cul-de-sac length will not adversely affect the General Plan of the City of Huntington Beach because extending the cul-de-sac provides the only feasible access to the site. Zone Change No. 90-1,3-i Tentative Tract Map . 14244/ Conditional Exception (Variance) No. 90-41 Page Two FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 14244: 1. The size, depth, frontage, street width, and other design features of the proposed subdivision for Tentative Tract Map No. 14244 are in compliance with the standard plans and specifications on file with €he City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of Low Density Residential was implemented. 3. The site is relatively flat and physically suitable for the proposed density of 3 7 units per gross acre. 4. Tentative Tract Map No. 14244 for a thirteen (13) lot subdivision is consistent with the goals and policies of the Huntington Beach General Plan. CONDITIONS OF APPROVAL - TENTATIVE TRACT NO. 14244: 1. The tentative tract map received and dated January 23, 1992, shall be the approved layout with the following modification: a. Relocate existing fire hydrant on Island Bay Lane to directly in front of western view corridor. 2. Red-curb area in front of both view corridors. 3. The sewer and water system, and appurtenances, shall be dedicated to the City of Huntington Beach. 4. If the Island Bay Lane cul-de-sac is vacated the Developer shall remove the abandoned improvements and construct reasonable site improvements within the adjacent lots to match existing site improvements, as determined by the Department of Public Works. 5. Properties adjacent to the Golf Course are subject to Flood Hazard. Detailed drainage plans and hydrology studies will be required to ensure that drainage in the Golf Course swale will remain on Golf Course property. 6. The extension of Island Bay cul-de-sac will require upsizing of the existing six-inch (6") main in Island Bay Circle to an eight-inch (8") main from Morningtide Drive. 7. The water system shall be looped through to Bay Harbor Lane via a 10.00 foot wide waterline easement as shown on the tentative map. 8. Provide fire hydrants per Fire Department standards. 9. Street shall have minimum width of forty feet (40') curb to curb. Zone Change No. 90-17-1 Tentative Tract Map 1 . 14244/ Conditional Exception (Variance) No. 90-41 Page Three 10. Project shall comply with Fire Code Specifications #422, #429, and #431 for the abandonment of oil wells, methane mitigation, and soils/site restoration. 11. Streets and fire hydrants shall be completed prior to combustible construction phase. 12. A fire protection shall be submitted to the Fire Department complying with Fire Code Specification #426. 13. Water main to be looped with two (2) connections. 14.Cul-du-sac shall be eighty feet (80')minimum width curb to curb. 15.All buildings shall have automatic fire sprinkler systems. 16.Prior to issuance of building permit, the final tract map shall be accepted by the City Council, recorded with Orange County Recorder and a copy filed with the Department of Community Development. 17.The development shall comply with all applicable provisions of the ordinance code, Building Division, and Fire Department. 18. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 19. Comply with all applicable mitigation measures contained in Negative Declaration No. 90-28. 20. During construction, the applicant shall: a. Use low sulfur fuel for construction equipment; b. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); and c. Discontinue construction during second staff smog alerts. 21. Construction shall be limited to Monday - Friday 7:00 AM to 5:00 PM. Construction shall be prohibited Saturdays, Sundays and Federal holidays. 22. Tentative Tract Map No. 14244 shall not become effective until Zone Change No. 90 -13 has been approved by the City Council and in effect. Zone Change No. 90-1'3_/ Tentative Tract Mapk ,. 14244/ Conditional Exception (Variance) No. 90-41 Page Four 23. Prior to submittal of working drawings for building permits, a tract site plan shall be submitted to the Department of Community Development for review. 24. Custom lot development shall be subject to the approval of a Use Permit by the Zoning Administrator. 25. Prior to issuance of building permits pay Park and Recreation in-lieu fees or dedicate land. 26. Prior to submitting the final map, CC&R's shall be prepared which are compatible with the existing CC&R's and submitted for review to the Department of Community Development and approved as to form by the City Attorney. 27. All fencing shall be set back to the front building face on flag lots. 28. All existing concrete block walls which separate the tentative tract from existing homeowner property shall remain intact as constructed unless removal is agreed to in writing by the homeowner and the developer. 29. Removal of any existing former oil island block walls(s) or section of block wall(s) shall be done in a manner which maintains the structural integrity of remaining wall(s). Any damage done to existing block wall(s) or fence shall be restored at the developer's expense prior to final inspection of first unit. 30. New block walls which align with and are adjacent to existing exterior walls shall be contructed of similar materials and in a style compatible with existing walls. No new walls shall be built in front of existing golf course fronting homes without the homeowner's written consent. 31. All existing mature trees shall be identified by the developer prior to issuance of building permits. Replacement of trees shall be 36 inch box replaced on a two for one ratio and shall be within the tentative tract map boundaries in the same location, if feasible. 32. Drainage from the tentative tract shall not add to existing drainage problems in the existing neighborhoods. 33. Prior to issuance of grading permits for each tentative map, drainage alterations and improvements shall be approved by the Department of Public Works. Zone Change No. 90-13/ Tentative Tract Map . 14244/ Conditional Exception (Variance) No. 90-41 Page Five 34. Prior to recordation of the tract map, the Fire Department will verify that all applicable measures have been imposed on the project in order to maintain established emergency response policy of 80% of all calls completed within five (5) minutes. a. Prior to issuance of building permits pay fair share for: 1) future Springdale Fire Station and equipment; 2) "Opticom" traffic control systems; 3) 3 additional paramedics for Gothard Station; 4) improvements to City's water distribution system; and 5) completion of cross-gap connector. b. Prior to issuance of building permits provide automatic fire sprinkler protection in all structures over 5,000 square feet in total area and in all structures with substandard access and/or insufficient fire flow as determined by the Fire Department. 35. Provide and develop a minimum .55 acre greenbelt area in lower and minimum .55 acre greenbelt area in upper Seacliff, prior to issuance of any building permits. 36. Maintain current water level of service by complying with water system improvements contained in the City's Water Masterplan and specific Water Department reco mmendations. Compliance shall be demonstrated prior to occupancy of the first unit of the tentative tract. 37. This Tentative Tract Map shall become null and void unless exercised by February 2, 1994, or unless extended by the Planning Co mmission pursuant to a written request. I hereby certify that Zone Change No. 90-13, Tentative Tract Map No. 14244 and Conditional Exception (Variance) No. 90-41 were approved by the Planning Co mmission of the City of Huntington Beach on January 28, 1992 upon the foregoing findings and conditions. This approval represents conceptual approval only; detailed plans must be submitted for review and the aforementioned conditions completed prior to final approval. Sincerely, Mike Adams, Secretary Planning Co mmission by: Hal 'Simmons Senior Planner (2206d-24-28)