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Home My WebLink AboutAdministrative Permit CDP2012009 - Supporting DocumentsRecording requested by and return to: CITY OF HUNTINGTON BEACH Planning & Building Department 2000 Main Street Huntington Beach, CA 92648 SPACE ABOVE THIS LINE FOR RECORDER'S USE COVENANT TO HOLD PROPERTY AS ONE PARCEL In consideration of the matters set forth herein, the undersigned hereby certify that they are the owners of the property located in the City of Huntington Beach, County of Orange, State of California, described as follows: Legal Description : Lots 19 and 20 , 504 of Tract Vista Del Mar, in the City of Huntington Beach, County of Orange, State of California, as per map recorded in Book 4, Page 5, of Miscellaneous Maps, in the office of the County Recorder of said county. A.P. Number: 024-221-14 Street Address: 502 California Street, Huntington Beach, California and, for the purpose of consolidating the above-described lots in compliance with Section 257.14 of the Huntington Beach Zoning and Subdivision Ordinance; and, with the understanding and intent that the burden set forth touches and concerns the land herein-above described, I do hereby covenant with said City that the above legally described land shall be held as a single parcel and building site, and no portion shall be sold, leased, conveyed or otherwise transferred or used as a separate parcel or more than one parcel and building site, without prior written consent of the City of Huntington Beach. This Covenant shall run with the land in perpetuity, and shall be binding upon the undersigned owners and future owners, encumbrancers, and their successors , heirs, and assignees, unless otherwise released by authority of the City of Huntington Beach. Dated: This ulna day of 6 3 , 2012 Kimberly C. Nguyen htJtr vt Trustee of the Kimberly Nguyen Revocable i nature) Trust Dated May 15, 2008 Approved for Recording: By Department of Planning d Building Date Approved as to Form: Jennifer McGrath , City Attorney By g:planning plan check\covenants\merger.doc CALIFORNIA ALL PURPOSE NOTARY ACKNOWLEDGMENT Signer #1 name LATE OF CALIFORNIA COUNTY OF } On) -a r -?-.)before me,.3 'L `NG -- , Notary Public, personally appeared C/y6v who proved to me on the basis of satisfactory evidence to be the person) whose name(s) is/re subscnbed to the within instrument and acknowledged to me that pe/she/tt}ey-executed the same in FJ slher/them authorized capacity(ies), and that by htslhedtbeir signature(s) on the instrument the personFs} or the entity upon behalf of which the person(s) acted, executed the instrument I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal S.L. KINGERCommission # 1881874Notary Public - California COUNTY OF ORANGEComm. Ins JULY 1Z, 2016 ignatur otary Thumb not si ner #1 CAPACITY CLAIMED BY SIGNER(S) 0 INDIVIDUAL(S) CORPORATE OFFICER(S)- L3 PARTNERS ATTORNEY IN FACT TRUSTEE(S) GUARD IANICONSERVATOR OTHER SIGNER IS REPRESENTING (Name of Person(s) or Entity(ies)) Signer #2 name Thumbpnnt signer #2 ATTENTION NOTARY The information requested below is OPTIONAL It could, however, prevent fraudulent removal and reattachment of this certificate to any unauthorized document THIS CERTIFICATE Title of Type of Document MUST BE ATTACHED ONLY TO THE Number of pages DOCUMENT Date of Document DESCRIBED AT Signer(s) other than named above RIGHT CAPACITY CLAIMED BY SIGNER(S) INDIVIDUAL(S) CORPORATE OFFICER(S) PARTNERS ATTORNEY IN FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING (Name of Person(s) or Entity(les)) Wolcotts Forms, our resellers and agents make no representations or warranty, express or implied, as to the fitness of this form for any specific use or purpose If you have any question, it is always best to consult a qualified attorney before using this or any legal document O 2007 Wolcotts Forms, Inc 1111111111111 #63237 REV.11-07 CDP No. 12-09 and AP No. 12-08 was submitted by Mark Blumer, Crane Architectural Group, on behalf of the property owner, Kimberly Nguyen, located at 502 California Street (northeast corner of California Street and El Mira Avenue). The subject property is located within RMH-A-CZ zoning district (Residential Medium Density - Small Lot Subdisitrct - Coastal Zone Overlay) and contains General Plan Land Use Element designation of RMH-25 (25 dwelling units per acre). Surrounding properties to the north, south, east, and west maintain identical General Plan and zoning designations. The project is located within the non-appealable jurisdiction of the Coastal Zone. The request involves the construction of an approximately 4,192 sq. ft., 24 ft. high, two-story detached residential building, which will contain two (2) residential units on a site with an existing single-family residence. There will be a total of 3 residential units. The project will consist of two, one-bedroom 667 sq. ft. units on the second floor and a 1,231 sq. ft. enclosed garages (three, two car garages) which will have direct access onto an adjacent alley. The CDP is necessary because the project intends to exceed the maximum lot coverage of 50% for the site. The AP is required to address permitting the site to exceed the maximum lot coverage by 4%. The waiver is necessary to maintain and enhance the architectural style of the buildings which are synonymous with the Craftsman architectural design theme. These elements include wide eaves, expansive front porches, elephantine pillars, siding, rock veneer, enhanced window treatments, and so forth. The unenclosed architectural elements of each building contribute to 10% of the overall coverage area of the site (i.e, porch and carport). It is staffs opinion that removal of these elements will negatively impact the overall architectural design theme. The project, with exception of the request to exceed lot co rae, scromplies with the development requirements of the base zoning district in terms o,4mi imuri setbacks, maximum building height, minimum open space (including common and private), minimum onsite parking, and minimum habitable space requirements. The project also meets the design guidelines as recommended within the City's Urban Design Guidelines. -THErROULT K tiot RC'Yo "%4 'Mr-crt'i'S r Ponhx ro rs nM1T-. The project was advertised in the paper, internet, and through mail for a period of 10 days prior to the public meeting. One comment letter was received from a local resident who expresses concern regarding the potential number of vehicles accessing the alley. Citing increases in both noise and congestion. He recommends moving the garage to El Mira Street to mitigate the cited issue. In light of provided information, planning staff is recommending approval of the project based upon the recommended findings and conditions of approval identified within the Executive Summary. The applicant has received the recommended conditions and is accepting of them. Tom Daly Orange County Clerk - Recorder Orange County Clerk-Recorder 's Office 12 Civic Center Plaza, Room 106, P.O. Box 238, Santa Ana, CA 92702 web: www.oc .ca.gov /recorder/ PHONE (714) 834-5284 FAX (714) 834-2500 CITY OF HUNTINGTON BEACH 2000 MAIN ST 3RD FLOOR HUNT INGTON BEACH CA 92648 Office of the Orange County Clerk-Recorder Memorandum SUBJECT: NOTICE OF EXEMPTION The attached notice was received, filed and a copy was posted on 09/25/2012 It remained posted for 30 (thirty) days. Tom Daly Orange County Clerk - Recorder In and for the County of Orange By: Trejo, Ernesto Deputy Public Resource Code 21092.3 RFCF,V® PVpVp6 2012Dept. lolafip nnin9 The notice required pursuant to Sections 21080.4 and 21092 for an environmental im act r ort shall be posted in the office of the County Clerk of each county *** in which the project will be located and shall remain posted for a period of 30 days. The notice re uired ursuant to Section 21092 for a ne ative declaration shall be so osted for a eriod of 20 da s unless otherwise re uired b law to be osted for 30 da s. The Count Clerk shall ost notices within 24 hors of receipt. Public Resource Code 21152 All notices filed pursuant to this section shall be available for public inspection, and shall be posted *** within 24 hours of recei t in the office of the County Clerk. Each notice shall remain posted for a period of 30 days. *** Thereafter, the clerk shall return the notice to the local lead agency *** within a notation of the period it was posted. The local lead agency shall retain the notice for not less than nine months. Additions or changes by underline; deletions by *** NOTICE OF EXEMPTION To:From: Orange County Clerk Recorder's Office City of Huntington Beach Public Services Division Planning and Building Department P.O. Box 238 2000 Main St., 3rd Flr. Santa Ana, CA 92702 Huntington Beach, CA 92648 Project Title:COASTAL DEVELOPMENT PERMIT NO. 12-09, ADMINISTRATIVE PERMIT NO. 12-08 (NGUYEN THREE- UNIT DEVELOPMENT) Project Location -Specific : 502 California Street, 92648 (northeast comer of California Street and Elmira Avenue) Project Location -City: City of Huntington Beach Project Location -County: Orange Project Description: CDP: To permit the construction of an approximately 4,192 sq. ft., two-story detached residential building containing two (2) residential units on a site with an existing single family residence. The new building will include three attached, two-car garages measuring approximately 1,231 sq. ft. and two new one-bedroom units measuring approximately 667 sq. ft. on the second floor. AP: To permit a waiver of development standards to permit a total lot coverage of 54% in lieu of a maximum 50% permitted for an addition to an existing single family residence and construction of a new two-story residential duplex Public Agency Approving Project : City of Huntington Beach Planning Commission Person or Agency Carrying Out Project: Mark Blumer, Crane Architectural Group, 110 W. Wilshire Avenue, Suite No. 300, Fullerton, CA 92832 Exempt Status: Ministerial (Sec. 21080(b)(1); 15268). Declared Emergency (Sec. 21080(b)(3); 15269(a)). Emergency Project (Sec. 21080(b)(4); 15269(b)(c)). H Categorical Exemption (Class 3; Section 15303). Statutory Exemption (State Code Number ). Other (Govt. Code Sec. . Reasons why the project is exempt : The project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the project is located in an urbanized area and involves the construction of a residential duplex, totaling not more than six dwelling units. Fee: Exempt per Govt. Code Section 6103 Lead Agency Contact Person: Andrew Gonzales Telephone : (714) 374-1547 Si ature: Title: Associate Planner Date: 9/19/2012 Signed d by Lead Agenc 0 NOTICE OF EXEMPTION Recorded in Official Records, Orange County Tom Daly, Cou Recorder I!II' I I i'I' I NI II!II I1ll 1(i ..II VIII Il i II'',Ii il'l II'!I II'I I II!!IIi 50. *$ R 0 0 0 5 1 8 0 1 0 9$* 201285000922 11:11 am 09/25/12 214 OR03 Z01 0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 To: From: Orange County Clerk Recorder's Office City of Huntington Beach Public Services Division Planning and Building Department P.O. Box 238 2000 Main St., 3rd Flr. Santa Ana, CA 92702 Huntington Beach , CA 92648 Project Title:COASTAL DEVELOPMENT PERMIT NO. 12-09, ADMINISTRATIVE PERMIT NO. 12-08 (NGUYEN THREE- UNIT DEVELOPMENT) Project Location-Specific: 502 California Street, 92648 (northeast comer of California Street and Elmira Avenue) Project Location -City: City of Huntington Beach Project Location -County: Orange Project Description : CDP: To permit the construction of an approximately 4,192 sq. ft., two-story detached residential building containing two (2) residential units on a site with an existing single family residence. The new building will include three attached, two-car garages measuring approximately 1,231 sq. ft. and two new one-bedroom units measuring approximately 667 sq. ft. on the second floor. AP: To permit a waiver of development standards to permit a total lot coverage of 54% in lieu of a maximum 50% permitted for an addition to an existing single family residence and construction of a new two-story residential duplex Public Agency Approving Project : City of Huntington Beach Planning Commission Person or Agency Carrying Out Project : Mark Blumer, Crane Architectural Group, 110 W. Wilshire Avenue, Suite No. 300, Fullerton, CA 92832 FILEDPOSTED Exempt Status: Ministerial (Sec. 21080(b)(1); 15268). Declared Emergency (Sec. 21080(b) (3); 15269(a)). Emergency Project (Sec. 21080(b)(4); 15269(b)(c)). H Categorical Exemption (Class 3; Section 15303).By Statutory Exemption (State Code Number Other (Govt. Code Sec. _ ). SEP 25 2012 TOM DALY, CLE -RECORDER By DEPUTY SEP252012 TOM DALY. CLERK-RE RDER Reasons why the project is exempt : The project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the project is located in an urbanized area and involves the construction of a residential duplex, totaling not more than six dwelling units. Fee: Exempt per Govt. Code Section 6103 Lead Agency Contact Person : Andrew Gonzales Telephone : (714) 374-1547 DEPUTY Si nature : Title: Associate Planner Date: 9/19/2012 Signed by Lead Agenc State of California-The Resources Ag ^"v DEPARTMENT OF FISH AND GWE 2012 ENVIRONMENTAL FILING FEE CASH RECEIPT PT# 430912 STATE CLEARING U (Happlicable) SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY DATE J COUNTY/STATEAGEN F FILING DOCUM BER wt PROJECTTITLE 11 t T 2` l Tu i v 2.\r I t PROJE APPLICAN ME f PHONE NUMBER ' PROJECTAPPLCANTADD E CITY STATt ZIPCOD i IT Y 11 1. PROJ TAP LICANT (Check ap ropriate box): Local Public Agency School District Other Special District State Agency Private Entity CHECK APPLICABLE FEES: Environmental Impact Report (EIR) $2,919.00 $ Mitigated/Negative Declaration (ND)(MND) $2,101.50 $ Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ Projects Subject to Certified Regulatory Programs (CRP) $992.50 $ County Administrative Fee $50.00 $ Project that is exempt from fees Notice of Exemption DFG No Effect Determination (Form Attached) Other $ PAYMENT METHOD: Cash Credit Check Other TOTALRECEIVED S SIGNATURE TITLE WHITE-PROJECTAP C'.•l-CFGAs8 PINK-LEADAGENCY -t-. a- 1 Cti I C o CI I o C-3 I - I 111 CL1 LL_ [L1 I ri I I C'J .. I C•.l T--1 ELI i I C) T--A 1 rI - -' 1 CD 0r-1 -1 'J7 Z7M C-F- N.-4 : .• 1 co L- C'.-' CI ..--1 -t- I --I CJCD w I 't3 w I C,J >k +- H O I Ct tH I rI lyJ Gl C1 F-- GOLDEN 00-COUP CLERIC DF-GTS3:a(Rev.11/11) I C? 1- C3 CD-I L1a C?LU c I LLJ U'C> 07c1L-CA I=C CLI 1 TJ t 10 t7 I CJ CO I:__-I 1 i > I- LCJ O I 03 Cr. U I a OJ I ZF-+C L CL 1 4-O I-II 03 F-- UJ >- +-I CD LCJ n 3 CU I r'-)+-Q U =I L3 Wit'-L U >,I [L'1 03 -J C7-.I C=1 CY I From: Tyler Stallinas To: Gonzales. Andrew Subject: TylerStallings: regarding 502 Calif. St. 3-unit development plan for Sept 19 hearing Date : Monday, September 17, 2012 10:02:19 PM Dear Andrew, We spoke on the phone last week regarding "Coastal Development Permit No. 12-08 (Nguyen Three-Unit Development)." Since 2002, I have been the homeowner of a property on the same side of the block, three doors down, at 510 California St., HB 92648. I have reviewed the plans and would like to express a concern and offer alternatives. My concern is that the proposed three garages exit onto the alleyway which will then increase noise and congestion. For this property, it will go from never having a garage entrance onto the alley to now having three with two cars each for a potential total of six cars additional now entering the alley. Having lived there since 2002, I have noticed that the alley functions as a kind of back yard for many residents on the block. This includes parking their cars on the easement in front of the garage, washing their cars in the middle of the alley, revving car engines and especially motorcycles, children playing in the alley, and so on. In the past, I've had to contact landlords of multi-unit complexes in order to have them deal with their tenants after unsuccessful attempts on my part, mainly for loud parties and when using the alley as a personal backyard has gotten out of hand. The proposed garage design suggests that two cars will fit in each one using a bumper to bumper configuration. I am not confident that this is the plan that will pan out. My guess is that tenants will use half for storage and the other half for a car. This will then force up to the three additional cars onto the street and, thus, add to the congestion that exits already on a densely packed block with many multi-family complexes. My point here is that the proposed plan for 502 California Street may meet city planning standards, but it does not fit well into the reality of the living conditions on this particular, densely packed block. I would ask that the 502 consider the following alternatives: a) Move the garages so that they face Elmira Street (preferred alternative) b) Retain the already existing garage on the front of the house, and then build only two additional garages that either face Elmira or face the alley. Thank you for the consideration of my comments. Please feel free to contact me at my cell phone, 949-300-8907. Thank you. RECEIVED SEP17 2012 Dept. of planning & Building Sincerely, Tyler Stallings Gonzales, Andrew From: Gonzales, Andrew Sent: Thursday, August 02, 2012 2:27 PM To: Carnahan, Mark; Morelli, Joe; McDonald, Joshua Cc: Gonzales, Andrew Subject: Attention: Planning Application: 20120129 Attachments: Development Review Request 1.doc; Development Review Request 2.doc Please enter your comments for this Entitlement application by or before 08/24/2012. Hard copies of the plans and narrative will be provided via interoffice mail. Please call should you have any questions. . . PLANNING AND BUILDING DEPARTMENT PLANNING DIVISION DEVELOPMENT REVIEW REQUEST To: Josh McDonald, Public Works Mark Carnahan, Building Division Joe Morelli, Fire FROM: Andrew Gonzales Ext: 1547 Date: August 2, 2012 REVIEW: ZA: X PC: DRB: PL Director: PLANNING APPLICATION No.: Planning Application No. 12-129 Entitlements(s): COASTAL DEVELOPMENT PERMIT NO. 12-09/ ADMINISTRATIVE PERMIT NO. 12-08 (NGUYEN RESIDENCE) REQUEST: To permit a 284 sq. ft. addition to an existing single-family residence and construction of an approximately 2,557 sq. ft., two-story detached residential building containing two, 663 sq. ft. residential units within the Coastal Zone. LOCATION: 502 California Street, 92648 (north side of Elmira Avenue, east of California Street) ZONE: RMH-A-CZ (Residential Medium Density - Small Lot Subdistrict - Coastal Zone Overlay) GENERAL PLAN: RMH-25-d (Residential Medium Density - Max. 25 Dwelling Units/Acre - Design Overlay ) EXISTING USE: Existing single-family residence Please submit your concerns and recommended changes or conditions in writing on or before August 24, 2012. COMMENTS: RESPONSE BY:Extension Attachments: 1. Plans 2. Narrative 0 , t Lawvers Title-Lawyers Title Company 1920 Main Street Suite 500 I rvine, CA 92614 Phone: (949) 223-5575 Fax: ( ) UNION BANK Title Officer: Ron Fernando--So email: tu53@ltic.com CA Phone No.: (949) 223-5575 Fax No.: (949) 930-9384 RECEIVED Attn: Rob Warren File No.: 212535434 Your Reference No: Property Address: 502 California Street, City of Huntington Beach, California PRELIMINARY REPORT AUG 01 2012 Dept. of Planning & Building Dated as of May 25, 2012 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Lawyers Title - OC 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. 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 exclusive remedy of the parties. Limitation 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 fo rth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set fort h in Attachment One of this repo rt carefully . The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered . It is important to note that this prelimina ry repo rt is not a written re presentation as to the condition of title and may not list all liens, defects , and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liabili ty be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. CLTA Preliminary Report Form - Modified (11-17-06) Page 1 File No: 212535434 SCHEDULE A The form of policy of title insurance contemplated by this repo rt is: ALTA Loan 2006 The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee Title to said estate or interest at the date hereof is vested in: Kimberly C. Nguyen , Trustee , or any acting successor, of the Kimberly Nguyen Revocable Trust dated May 15, 2008 and any amendments thereto , subject to Item No. 8, of Schedule B, Section B. The land referred to herein is situated in the County of Orange, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Prelimina ry Report Form - Modified (11-17-06) Page 2 File No: 212535434 EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 19 AND 20, 504 OF TRACT VISTA DEL MAR, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 5, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ASSESSOR'S PARCEL NUMBER: 024-221-14 CLTA Prelimina ry Report Form - Modified (11-17-06) Page 3 File No: 212535434 SCHEDULE B - Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authori ty that levies taxes or assessments on real prope rty 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. CLTA Preliminary Report Form - Modified (11-17-06) Page 4 File No: 212535434 SCHEDULE B - Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2012-2013. B. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation Code of the State of California. 1. Covenants, conditions and restrictions, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability , handicap, national origin, ancestry, or source of income, as set fort h in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Homeowner's assessments, if any, appearing in the covenants, conditions and restrictions. 2. Easements or servitudes appearing in the Public Records. 3. Leases, grants, exceptions or reservations of minerals or mineral rights appearing in the Public Records. 4. Any violation, variation, encroachment or adverse circumstances affecting the title that would have been disclosed by an accurate survey. 5. Covenants, conditions and restrictions and other instruments recorded in the Public Records purpo rting to impose a transfer fee or a conveyance fee payable upon the transfer of an interest in real property or payable for the right to make or accept such transfer, and any and all fees, liens or charges, whether recorded or unrecorded, if any, currently due and payable or that will become due and payable, and any other rights deriving therefrom, that are assessed pursuant thereto. 6. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secure d thereby Amount: $390,000.00 Dated: July 24, 2006 Trustor/Grantor: Kimberly C. Nguyen, a married woman as her sole and separate prope rty Trustee: UnionBanCal Mort gage Corporation Beneficiary : Union Bank of California, N.A., a California Banking Corporation Loan No.: 1545283184 Recording Date: July 27, 2006 Recording No: 2006000499515, of Official Records Said deed of trust recites that it secures a line of credit. If the line of credit is to be paid off in this transaction, this Company will require that the written demand for payment state that the line of credit has been frozen and that the demand is not subject to increase for any additional advances or draws. Accordingly, it is recommended that any request for a payoff demand statement advise the beneficia ry of our requirement, and that the request be accompanied by: the borrower's written request to freeze the line of credit, the surrender of any unused checks or drafts, and anything else that may be required by the lender in order to issue an unconditional demand. CLTA Prelimina ry Report Form - Modified (11-17-06) Page 5 File No: 212535434 7. Any invalidity or defect in the title of Vestees in the event such trust is invalid or fails to confer sufficient powers in the trustees or in the event there is lack of compliance with the terms and provisions of the trust instrument. If title is to be insured in the trustee(s) of a trust, (or if their act is to be insured), this Company will require a Trust Certification pursuant to California Probate Code Section 18100.5. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 8. The community interest of the spouse of the vestee named below. Vestee: Kimberly C. Nguyen The Company will require that the spouse of the vestee shown above join in any conveyance or encumbrance before such transaction will be insured. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION " WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION CLTA Preliminary Report Form - Modified (11-17-06) Page 6 File No: 212535434 REQUIREMENTS SECTION: Req. No. 1: The Company requires a Statement of Information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said Land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. After review of the requested Statement(s) of Information, the Company may have additional requirements before the issuance of any policy of title insurance. Part y(s): Buyers and/or Sellers The Company reserves the right to add additional items or make furt her requirements after review of the requested documentation. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the part ies but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. Req. No. 2: The Company will require either (a) a complete copy of the trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (b) a Certification, pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached. Trust: The Kimberly Nguyen Revocable Trust dated May 15, 2008 Req. No. 3 : The Company will require that the spouse of the vestee named below join in any conveyance or encumbrance prior to the issuance of any Policy of Title Insurance. Vestee: Kimberly C. Nguyen CLTA Preliminary Report Form - Modified (11-17-06) Page 7 File No: 212535434 INFORMATIONAL NOTES SECTION Note No. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, repo rt or guarantee to which it may be attached. Note No. 2: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such part y, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank 1980 Saturn Street , V03-012 Monterey Park , CA 91755 (800) 849-6466 ABA # 122000496 CREDIT TO: Lawyers Title - OC ACCOUNT #: 9101081397 RE: 212535434 PLEASE INDICATE Lawyers Title - OC TITLE ORDER NUMBER Note No. 3: Lawyers Title is a division of Commonwealth Land Title Insurance Company. The insurer in policies of title insurance, when issued in this transaction, will be Commonwealth Land Title Insurance Company. Note No. 4: None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an ALTA Loan Policy, when issued. Note No. 5: The following information will be included in the CLTA Form 116 or ALTA Form 22-06 Endorsement to be issued pursuant to this order: There is located on said Land: a Single Family Residence Known as: 502 California Street City of Huntington Beach, California CLTA Preliminary Report Form - Modified (11-17-06) Page 8 File No: 212535434 Note No. 6: There are no conveyances affecting said land recorded within 24 months of the date of this report. Note No. 7: The Company requires current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: (a) If the Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. (b) If the Company cannot obtain a verbal update on the demand, we will either pay off the expired demand, or wait for the amended demand, at our discretion. (c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Depart ment may hold one month's payment to insure check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold.) Note No. 8:Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.:024-221-14 Fiscal Year:2011-2012 1st Installment :$2,645.22 2nd installment:$2,645.22 Exemption:$7,000.00 Code Area:04001 Processor: vk Date Typed: June 12, 2012 CLTA Preliminary Report Form - Modified (11-17-06) Page 9 •0 File No: 212535434 ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) 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 building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date In addition to the Exclusions, you are not insured against loss, 3. costs, attorneys' fees, and the expenses resulting from: 1.Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2.Any easements or liens not shown by the public records. 4. This does not limit the lien coverage in Item 8 of Covered Title Risks. • 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 title 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. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. Attachment One (07/26/10) ATTACHMENT ONE (Continued) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 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: 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. (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 (except to the extent that this policy insures the priority of the lien of the Insured mortgage over any statutory lien for services, 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); 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 applicable doing business laws of the state In which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises 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, which arises out of the transaction vesting In the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE 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. PART I 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. Proceedings by a public agency which 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 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, 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17.92) 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: 1. (a) Any law, ordinance or gove rnmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) 4. 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) 5. 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 6. 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 fron) coverage any taking which 7. 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, 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); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 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. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials 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. Any claim, which arises 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' rights laws, that is based on: (1) the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or 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. The above policy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE 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. Proceedings by a public agency which 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 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, 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07126/10) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06) 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 arise 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 (1) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any 4. 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 5. governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk S. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered 6. 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 7. 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. 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. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 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. 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). The above policy form maybe issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of. 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, varia tion, 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 exce ptions 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) •S ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) 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 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. (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 arises 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 (ii) 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. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE 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. Proceedings by a public agency which 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 reco rds. 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage (b) not Known to the Company, not recorded In the Public of this policy, and the Company will not pay loss or damage.Records at Date of Policy, but Known to the Insured costs, attorneys' fees, or expenses that arise by reason of:Claimant and not disclosed in writing to the Company by the 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; 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 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 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. 4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title 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 this policy 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching 3.Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 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 in 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 that 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) 0 ATTACHMENT ONE (CONTINUED) 0 CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) 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 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. 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 Title. 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: • For Covered Risk 14, 15, 16, and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Y r edu tible Amo nt Covered Risk 14: 1 ° of Policy Amount or $2,500.00 (whichever is less) Covered Risk 15: 1.00% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 16: 1.00° of Policy Amount or $5,000.00 (whichever is less) Covered Risk 18: 1.00° of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 Attachment One (07/26/10) ATTACHMENT ONE 49 (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) 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 those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 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 limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded 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.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 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 21. 7. The transfer of the Title to You Is Invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Y ur ductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1 % of Policy Amount Shown in Schedule A $ 10,000.00 or $ 2,500.00 (whichever is less) Covered Risk 18: 1 % of Policy Amount Shown in Schedule A $ 25,000.00 or $ 5,000.00 (whichever is less) Covered Risk 19: 1 % of Policy Amount Shown in Schedule A $ 25,000.00 or $ 5,000.00 (whichever is less) Covered Risk 21: 1 % of Policy Amount Shown in Schedule A $ 5,000.00 or $ 2,500.00 (whichever is less) Attachment One (07/26/10) i 0 ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10113101) 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, 1. (a) Any law, ordinance or governmental regulation (including but not limited to 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 improvements now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas 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 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 a 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 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 (a) 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 applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the 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 governmental authority which become a lien on the Land subsequent to date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy 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 Date of Policy Attachment One (07/26/10) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07/26/10) 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 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, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 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, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); 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 arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of It, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. 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 27(b) of this policy. LawyersTitle- 0 Lawyers Title Company 1920 Main Street Suite 500 Irvine, CA 92614 Phone: (949) 223-5575 Fax: ( ) Order No. 212535434 Notice of Available Discounts Pursuant to Section 2355 .3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delive ry of escrow instructions, a prelimina ry report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. T' I F F rw LTC - Lawyers Title Company CLTIC - Commonwealth Land Title Insurance Co. DISASTER LOANS (CLTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidia ry or affiliated title companies for policies or escrow serv ices in connection with financing, refinancing, sale or purchase of the employees' bona fide home proper ty . Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. LTC-Discount Notice Page 1 of 1 Mod. 1/10/2010 (r, LawyersTitle 0 Lawyers Title Company 1920 Main Street Suite 500 Irv ine, CA 92614 Phone: (949) 223-5575 Fax: ( ) LINE OF CREDIT LETTER TO LENDER Date: To: Attention: Payoff Department Subject: Account/Loan No.: Order No.: Dear Sir or Madam: We hereby request that the above referenced credit line account be frozen as of this date. Please release payoff information to Lawyers Title - OC because you will be receiving payment in full shortly, either through a sale or refinance of the secured property. We agree not to request any advances on this account on or after the date of this letter. We, also agree to indemnify, hold harmless and reimburse Lawyers Title - OC for any loss it may sustain by reason of not holding funds for Additional Advances on lines of credit. Upon receipt of payoff, please close credit line account. Sincerely, (All Owners/SellersBorrowers must sign) ESCROW NOTE: This letter must be sent to the lender directly at the time the demand is requested to insure that the account is frozen at the time of closing. DT4A Order No: 212535434 - Itoc!'Ron Fernando--So CERTIFICATION OF TRUST California Probate Code Section 18100.5 • The undersigned declare(s) under penalty of perju ry under the laws of the State of California that the following is true and correct: 1. The Trust known as executed on is a valid and existing trust. 2. The names of the settlors of the Trust are: 3. The names of the currently acting trustees are: 4. The trustees of the Trust have the following powers (initial applicable line(s)): Power to acquire additional property . Power to sell and execute deeds. Power to encumber, and execute deeds of trust. Other: 5. The Trust is (check one): Revocable Irrevocable If revocable, who may revoke the Trust? 6. Are all trustees requjred to execute the powers of the trustee? Yes No If no, explain trustee's authority: 7. Title to Trust assets is to be taken as follows: 8. The Trust has not been revoked, modified or amended in any manner which would cause the representations contained herein to be incorrect. 9. The trustees signing below are all of the currently acting trustees. 10. The trustees signing below may be required to provide copies of excerpts from the original Trust documents which designate the trustees and confer the power to act in the pending transaction. Dated: Print Name: Print Name: STATE OF CALIFORNIA COUNTY OF }ss: On before me, a Notary Public, personally (here insert name and title of the officer) appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (This area for notary stamp) Trust Certification (03/03) 04 J 14 P£LAA'MW sT a 3 17 15 1a112 12alpa5 aIm f 23 11 19 0 21 14 t;ALAFMM I HA+Vli11GTgN 25 ea K VISTA OIL MAR TRACT M.AI. 4-5 PARCEL 94P P.M. 319-05 STREET 4 N13 17 y I 14 2D 19 t0 11 16 IS 11 12 13 STREET $ I I I , I •_I I NOTE 1112 m A• STREET ryI 1 'n' I r.uR..IR X3v Is" M14 13 10 I I 024-22 1'=100' e cl I 22 I r Y ] ! I s a - ALLEY 9a 0Iw IS In I 1 I r 9 10 1615 r !r .r R' 2r Cr 20 - ASSESSOR'S BLOCK ' PARCEL NUA ERS SHOWN IN CIRCLES to F ASSESSOR (S° AlAP ROOK 024 PAGF 22 COUNTY OF ORANGE 0 1 Ci of Huntin on Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www.huntin onbeachca. ov Plannin Division 714.536.5271 March 8, 2012 Application: Applicant: Property Owner: Buildin Division 714.536.5241 INITIAL PLAN ZONING & REVIEW NO. 12-003 (NGUYEN THREE-UNIT DEVELOPMENT) - Mark Blumer - Crane Architectural Group, 110 E. Wilshire Avenue, Suite 300, Fullerton, CA 92832 Kimberly Nguyen, P.O. Box 145, Huntington Beach, CA 92648 Request: To review conceptual plans for a 117 sq. ft. addition to an existing single- family residence and construction of an approximately 4,192 sq. ft., two- story partially detached residential building. The building will consist of a 683 sq. ft. three-car garage and 580 sq. ft. workshop area on the first floor, and two (2) one-bedroom 667 sq. ft. residential units on the second floor. Project Location: 502 California Street, 92648 (northeast comer of California Street and Elmira Avenue) Dear Mr. Blumer: We appreciate the opportunity to review your conceptual plans submitted on January 27, 2012 for the proposed residential development project. The following comments provided in this letter reflect Planning review only and should be considered preliminary, subject to change upon receipt of any new information and/or submittal of an entitlement application. Zonin /General Plan: 1. The project is located within RMH-A-CZ (Residential Medium High Density - Small Lot Subdistrict - Coastal Zone Overlay) zoning district which allows for three-unit residential developments. The project shall comply with the development standards within Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The HBZSO may be found online (htt ://www.huntin tonbeachca. ov/ overnment/elected officials/cit clerk/zonin code/ index.cfm). 2. The General Plan designation for the subject property is RMH-25-d (Residential Medium High Density - 25 dwelling unitslacre - Design Overlay District). IPZR No. 12-003 March 8, 2012 Page 2 Re uired Entitlements: Based upon the proposed project, the following submittals are applicable: 1. Within the RMH-A zoning district the net lot size of 6,480 sq. ft. yields a maximum permitted density of three units. Therefore, three residential units are permitted on the subject site. 2. The subject site contains two separate lots (Lot Nos. 19 and 20).. Development of the site shall require the consolidation of the two lots as one through the processing of a Tentative Parcel Map (TPM). The TPM shall be submitted with a processing fee of $4,638. The application shall be subject to public notification and review before the City of Huntington Beach Zoning Administrator. 3. Pursuant to HBZSO Section 245.04(J), the merger of two lots will change the density or intensity in the use of land which is subject to the processing of a Coastal Development Permit (CDP). The CDP shall be submitted with a processing fee of $1,483.50. The application shall be subject to public notification and review before the City of Huntington Beach Zoning Administrator. 4. Pursuant to HBZSO Section 230.026(B)(6), the proposed residential project is not required to provide affordable housing as the net total of new units constructed will be less than the minimum three. Code Re uirements Based on the preliminary review of conceptual plans for conformance with the development standards in the RMH-A-CZ zoning district, the following issues have been identified. Please note that changes to your plans and receipt of new information will be reviewed for zoning compliance during entitlement processing and/or plan check. The code requirements applicable to your proposed project include: 1. Pursuant to HBZSO Section 230.70, the measurement of height of the proposed structure shall be determined by the highest point of the curb along the front property line. Elevation plans shall be revised to depict the measurement of height from the highest top of curb. 2. On Sheet SP-1, the development matrix shall be modified to reflect the proposed Floor Area Ratio (FAR) of the project. Pursuant to HBZSO Section 203.06, floor area is defined the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas , but excluding areas for vehicle parking and loading. The proposed floor area of the project is approximately 3,314 sq. ft. or an FAR of 0.51. Revise the development matrix to reflect the correct FAR. G:\PLANNING\INITIAL PLAN ZONING REVIEw12012\IPZR NO. 12-003 (502 CALIFORNIA ) - NGUYEN THREE-UNIT DEVELOPMENT.DOCX IPZR No. 12-003 March 8, 2012 Page 3 3. Pursuant to HBZSO Section 210.06, the maximum lot coverage for the subject site is 50%. Based upon a computation of the building footprint the proposed project covers an area of approximately 3,435 sq. ft. which results in a coverage area of 53%. 4. Pursuant to HBZSO Section 210.06(0), the minimum open space (private and common) for multi-family residential projects in the RMH-A subdistrict shall be 25% of the residential floor area per unit (excluding garages). The following items do not comply with the open space provisions: Delineate on the site plan the areas which are designated as common open space. Common open space, provided by interior side yards, patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 ft., shall be open to the sky, and shall not include driveways, parking areas, or area required for front or street side yards. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 3 ft. 6 in. in height. 5. Pursuant to HBZSO Section 232.08(B), multi-family lots shall have one 36-inch box tree for every 45 linear feet of street frontage planted within the setback areas adjacent to a street. The proposed project requires a total of six (6) 36-inch box trees within the setback areas. 6. Pursuant to HBZSO Section 230.78, a refuse storage area screened on all sides by a 6 ft. masonry wall and equipped with a gate, or located within a building, shall be provided prior to occupancy for all multi-family residential projects. The trash area shall not face a street or be located within a required setback. The design and materials used in such trash enclosures shall harmonize with the main structure. 7. Pursuant to HBZSO Section 230.68, of the carport and deck shall not project into more than half the width of the street side yard setback area. The deck and carport shall have a minimum setback of 2 ft. 6 in. 8. Pursuant to HBZSO Section 231.04 and 231.18(D), a total of eight (8) onsite parking spaces shall be provided for the proposed project. Each dwelling unit located within the Coastal Zone shall have a minimum of two (2) on-site parking spaces. If the total coastal parking requirement exceeds the minimum parking requirement, the additional required parking spaces may be in tandem with enclosed spaces, provided that the tandem space is assigned to an enclosed space and complies with the required turning radius. Required off-street parking is determined by the following parking requirements follows:d alihihtareseswc Unit T e Off-Street Parkin Requirement Unit Q S aces Required Total 1-Bedroom 2 1 2 2-Bedroom 1 2 2 Guest Parkin 0.5 s acefunit 1.5 CZ Parkin Re uirement 2 Total 8 s aces G:\PLANNINGIINITIAL PLAN ZONING REVIEw12012\IPZR NO. 12-003 (502 CALIFORNIA) - NGUYEN THREE-UNIT DEVELOPMENT.DOCX IPZR No. 12-003 March 8, 2012 Page 4 Desi n Guidelines The Huntington Beach Urban Design Guidelines contains guidelines related to multi-family residential family development located within the RMH-A zoning district. The following guidelines for multi-family residential projects have been identified to ensure quality project design and compatibility with the surrounding uses. These guidelines include: 1. Pedestrian walkways should be provided to link dwelling units within common open space areas, recreation areas, parking courts and the street. Curvilinear paths provide a more inviting and interesting experience and are generally preferred over long, straight alignments. Paths which traverse open space areas are encouraged. Chapter 3.C. 2. Common open space area(s) should be sited to maximize their accessibility and use by residents. Chapter 3.C. 3. Private open spaces should be contiguous to the units they serve and screened from public view. Chapter 3.C. 4. Utility and mechanical equipment should be screened from view. All screening devices should be compatible with the architecture, materials and colors of adjacent structures. Chapter 3.C. 5. Trash and storage enclosures should be architecturally compatible with the project design. Landscaping shall be incorporated into their design to screen them and deter graffiti. Furthermore, they should be unobtrusive and conveniently accessible for trash collection but should not impede circulation during loading operations. Chapter 3.C. 6. The type and location of site and building lighting should preclude direct glare onto adjoining properties, streets, or skyward. Chapter 3.C. 7. Building materials should be durable, require low maintenance , and relate a sense of quality and permanence . Chapter 3.C. 8. Exposed gutters and downspouts should be colored to match fascia or wall materials, unless designed as an outstanding architectural feature of the overall theme . Chapter 3.C. 9. Materials such as brick, stone , copper, etc. should be left in their natural colors . Chapter 3.C. Other Relevant Information The following is provided for your information: 1. A roofing plan shall be submitted with the architectural drawings for plan check submittal. G:IPLANNING\INITIAL PLAN ZONING REVIEw120121IPZR NO. 12-003 (502 CALIFORNIA) - NGUYEN THREE-UNIT DEVELOPMENT.DOCX IPZR No. 12-003 March 8, 2012 Page 5 2. All corresponding property lines shall be clearly depicted on the elevation plans. 3. A covenant will be required for the project to ensure a maximum of 3 units and total bedroom count are maintained. The covenant will be recorded on the property. 4. The requirement for a grading plan is subject to the discretion of the City's Public Works Department. Please contact the Department of Public Works at (714) 536-5431 as to the applicability of a grading permit. 5. A list of all applicable fees for the proposed project is beyond the scope of services available under the subject application. Nevertheless, a fee schedule for all building permit fees is attached to this document for your reference (see attachment). Please contact the City's Building Division at (714) 536-5271 for a determination of all applicable fees. Thank you for submitting your Initial Plan Zoning & Review application. Please call me at (714) 374-1547 or via email at AGonzales surfcit -hb.or if you have any questions regarding the information in this letter or would like more information on the entitlement application process or submittal requirements. Si erely, Andrew Gonzales Associate Planner Attachment: Department of Planning and Building - Building Permit Fees Cc: Herb Fauland, Planning Manager Kimberly Nguyen, Property owner Project File I G:\PLANNINGVNITIAL PLAN ZONING REVIEW1201211PZR NO. 12-003 (502 CALIFORNIA ) - NGUYEN THREE-UNIT DEVELOPMENT.DOCX G HUNTINGTON BEACH City of Huntington Beach Department of Planning & Building BUILDING PERMIT FEES 2000 Main Street, Huntington Beach, CA 92648 Office: (714) 536-5241 Fax: (714) 374-1647 Fee T e How Determined Rate Permit Processing Charge Flat fee @ Permit or Plan Review Submittal $30.00 Building Inspection Fees Based upon Building Valuation Table for construction See Table costs er s . ft. to determine ro'ect valuation Pa e 8 . Below Foundation or Partial Building Based upon Building Valuation Table for construction See Table Ins ection costs er s . ft. to determine ro'ect valuation Pa e 8 . Below PROJECT VALUATION TABLE Based on Building Valuation Data Published in the 2001 March-April Building Standards Magazine by the International Conference of Building Officials and local miscellaneous cate Dries that have been surve ed Pro'ect Valuation Ins ection Fees $1 to $500 $55.00 $501 to $2,000 $55.00 for the first $500; plus $ 3.60 for each additional $100 or fraction thereof, to and Includin $2,000 $2,001 to $25,000 $110.00 for the first $2,000; plus $ 16.18 for each additional $1,000 or fraction thereof, to and includin $25,000 $25,001 to $50,000 $483.00 for the first $25,000; plus $ 11.68 for each additional $1,000 or fraction thereof, to and includin $50,000 $50,001 to $100,000 $775.00 for the first $50,000; plus $ 8.80 for each additional $1,000 or fraction thereof, to and includin $100,000 $100,001 to $500,000 $1,180.00 for the first $100,000; plus $ 6.46 for each additional $1,000 or fraction thereof, to and includin $500,000 $500,001 to $1,000,000 $3,762.00 for the first $500,000; plus $ 5.49 for each additional $1,000 or fraction thereof, to and includin $1,000,000 $1,000,000 and up $6,505.00 for the first $1,000,000; plus $ 4.22 for each additional $1,000 or fraction thereof A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 G:tBuildingAdmin/Web/Fee Schedule 08/17/09 .doc Effective 08/17/09 -1- 0 0 OTHER BUILDING DEPT CHARGES (714) 536-5241 Fee T e Building Plan Review How Determined Rate Collected at time of building plan review submittal & assessed @ % of building inspection fee ($110.68min.) 79% Exception: • Standard production units after the model unit has been reviewed @ % of building inspection fee 26% (changes to be reviewed on an hourly basis) Projects requiring review in excess of the following: Pro'ect Valuation # of Reviews $100,000 or less 2 $ 133.00 per$100,000 - $1,000,000 3 $1,000,001 -more 4 hour Refund Processin Fee Minimum Fee Retained b Ci $60.00 Record Retention Fee Each sheet of permitted drawings $5.00 Each ermit issued $1.50 Counter Staff Research:More than 10 minutes (estimate to complete) Hours x $73.00 Copies from Microfilm (in Rate Minimum Char e 16mm or 35mm - 1St copy $3.00 addition to Research Each additional co on same address or area $1.50 Copies Not on Microfilm (in Each copy $0.10 addition to Research Plan Review Extension Flat Fee $100.00 Buildin Permit Extension Flat Fee $100.00 Building Relocation 2 Hour Minimum See Special S iIns ection erv ces Investigation Fee-for work Equal to the amount of standard inspection fee for performed without a permit or permit to which it applies OR the actual time spent $250.00 inspection investigating, whichever is greater, but not less than Miimum. Re-ins ection $250.00 minimum Flat fee $120.00 Processing Fee Flat Fee $30.00 (Change of contractor, owner, or S ecial Ins ector Pro am Permit Supplement Flat Fee, Plus $30.00 + (Issue Revised Permits, Adjust Microfilm Fee $1.50 + Permits, Admin. Permits, or Fee Schedule Line Items Line Items those NOT LISTED)Minimum Ins ection Fee does not a 1 Expired Permits Recording & Release of Non- Compliance due to Permit Expiration & Similar Services • Reactivate permit for projects that have been expired for LESS than -6months. • Reactivate permit for projects that have been expired for GREATER 6 months Flat Fee $32.00+ '/z New Ins ect Fee $32.00+ New Inspect Fee $110.00+ $10.00 to County Recorder A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 G-\BuildingAdmin/Web/Fee Schedule 08/17/09.doc Effective 08/17/09 -2- BUILDING PERMIT FEES CERTIFICATE OF OCCUPANCY FeeT e Certificate of Occupancy: To verify proper use and terms of occupancy in new and existing commercial and industrial buildings (714) 536-5241 • How Determined With Building Permit Rate No Fee •Modified Certificate w/out additional inspection or $30.00 • Administrative services Certificate with additional inspection services B & M Occupancies $100.00 All Other Occupancies $225.00 •B & M Occupancies requiring services in excess of 75 minutes - additional $100.00/hr. •All Other Occupancies requiring services in excess of 250 minutes - additional $100.00/hr •Temporary Certificate (Actual fully burdened costs) B & M Occupancies All Other Occupancies $100.00min $225.00min BUILDING DEPT. "SPECIAL SERVICES" FeeT e How Determined Rate Durin Normal Work Hours: Counter Services Hourl See Conditions, below $75.00 Ins ection Services Hourl See Conditions, below $85.00 Plan Review Services Hourl See Conditions, below $125.00 Su erviso Services Hourl See Conditions, below $135.00 Outside Normal Work Hours: Counter Services Hourl See Conditions, below $110.00 Ins ection Services Hourl See Conditions, below $125.00 Plan Review Services Hourl See Conditions, below $190.00 Su erviso Services Hourl See Conditions, below $200.00 a. b. c. d. The payment of such fees shall be in addition to other required fees. Where the special service is provided during normal work hours, the fee shall be based on the actual time expended, but not less than one-half (1/2) hour. Where the special service is provided as overtime between the hours of 6:00 AM and 8:00 PM on a normal work day, the fee shall be based on the actual time expended but not less than one (1) hour at the outside normal work hour rate. Where the special service is provided outside the hours of 6:00 AM to 8:00 PM on a normal work day or during any hours on a typical City day off, as provided in the City's current MOU, the fee shall be based on the actual time expended but not less than four (4) hours at the outside normal work hour rate. A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 GABuildingAdmin/Web/Fee Schedule 08/17/09.doc Effective 08/17/09 -3- BUILD ING PERMIT FEES COLLECTED FOR OTHER DEPARTMENTS & AGENCIES AGENCY/Fee T e How Determined Rate HB PLANNING DEPT.714 536-5271 Planning Plan Review Collected at time of building plan review submittal & assessed @ % of building inspection fee 70% Exception: • Standard production units after the model unit has been reviewed @ % of building inspection fee 24% chan es to be reviewed on an hourl basis STATE OF CALIFORNIA State Tax (SMIP) Up to $5,000 valuation - Fee amount is fixed $0.50 Residential Over $5,000 valuation - Fee amount is Valuation x Rate $0.0001 Calif. State Tax (SMIP) Up to $2,381 Valuation - Fee amount is fixed $0.50 Commercial/Industrial Over $2,381 Valuation -Fee amount is Valuation x Rate $0.00021 HUNTINGTON BEACH LIBRARY Library Enrichment- Applied to all new development & additions which Residential increase existing sq. ft. by over 50% (including garage area) - Rate per sq. ft. Payment is due at time of permit $0.15 issuance Library Enrichment- Applied to all new development and additions - Rate per $0.15 Commercial/Industrial s . ft P ment is due at time o ermit issuance. Library Development - Applied to all new development & additions which Residential increase existing sq. ft. by over 50% (including garage $0.44 area) - Rate per sq. ft. Payment is due prior to final ins ection but m be aid at time o ermit issuance. Library Development - Applied to all new development and additions - Rate per Commercial/Industrial sq. ft. Payment is due at time of permit issuance. $0.04 Exceptions: • Warehouse on commercial/industrial Facilities • Government or public facilities • Churches, temples synagogues, and other buildings or structures used for religious worship • Private schools which meet California Education Code Section 48222 re uirements HB SCHOOL DISTRICT 714 536-7521 School District - Applied to new residential development and additions of Residential 500 sq. ft. or more (excluding garage area) - Rate per sq. $2.97 ft. School District - Applied to all new development and additions - Rate per $0.47 Commercial/Industrial s . ft P ment is due at time o ermit issuance. A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 G.\BuildingAdmm/Web/Fee Schedule 08/17/09.doc Effective 08/17/09 -4- 9 0 ELECTRICAL PERMIT FEES (714) 536-5241 Fee T e How Determined Permit Processin Char e Flat Fee Inspection Fee (Min) Minimum fee charged (Sq. Ft Calculation or Item Calculation in addition to the Processin Char e Inspection Fee (Sq. Ft.) Per Square Foot in lieu of listed items. (New single and multiple-family residential buildings including additions Rate $30.00 $28.00 $.12 OR and attached ara es Minimum $30.45 Inspection Fee (Items) Each service meter. Per AMP Charge.$.62 Minimum $30.45 Each sub- anel $30.00 Each self-contained, factory-wired, approved unit such as $16.00 cooking appliances, home appliances, heating appliances, HVAC units, vegetable cases, drinking fountains, etc. (2-HP Max) Over 2-HP, see enerators, motors and transformers Lighting Fixtures (each): • 1-50 $2.50 • Each additional fixture $1.25 • Each ole with fixtures $16.00 Generators, Motors and Transformers: •H.P., kW, or KVA Rating of equipment up to and including two (2)$16.00 •Over two (2) and not over ten (10)$30.00 •Over ten (10) and not over fifty (50)$65.00 •Over fi 50 $155.00 Receptacle and Switch Outlets: • First fifty (50), each $2.50 • Each additional outlet $1.25 Each section of track li htin or multi le outlet assembl $8.00 Fuse U $40.00 Temporary Service: • Each temporary construction pole (including lights $65.00 and outlets for outdoor lot use) • Each sub- ole with anel $30.00 Signs at each address: •1" Sign at one address $155.00 •Each additional si at same address $65.00 Each misc. item regulated by the Huntington Beach $30.00 Electrical Code where no fee is listed Photovoltaic - solar $ 0.00 Photovoltaic - with battery backup and emergency $0.00 circuit anel Electrical Plan Review Collected at time of plan review submittal and assessed 75% % of Ins ection Fees $53.00 minimum Reviews in excess of 3 submittals $106/hr A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 G:\BuildingAdmin/Web/Fee Schedule 08/17/09 .doc Effective 08/17/09 -5- MECHANICAL PERMIT FEES (714) 536-5241 Fee T e How Determined Rate Permit Processing Flat Fee $30.00 Char e Ins ection Fee Min Minimum fee char ed in addition to the Processin Char e $28.00 Inspection Fee (Items) Installation or relocation of each furnace, including ducts $60.00 and/or vents attached to such appliance (includes incidental electrical . Each Fire and/or Smoke Dam er $26.00 Relocation or replacement of each appliance vent not included $26.00 in an a liance item also ermitted • HVAC Duct Extension/Relocation for 1-10 ducts $38.00 • Each additional duct $5.00 Installation or relocation of each boiler to and including 15 hp $65.00 or compressor to and including 5 tons, includin attached ducts and/or vents Installation or relocation of each boiler over 15 hp or $155.00 com ressor over 5 tons, includin attached ducts and/or vents Each eva orative cooler non- ortable e $31.00 Exhaust fan connected to a single environmental air duct. $16.00 Includes residential cookin hoods . Each Air-Handling unit not part of a factory-assembled $31.00 a liance Each ventilation system less than or equal to 10,000cfm which $31.00 is not a portion of any heating or air conditioning system authorized b a ermit Each ventilation system more than 10,000cfm which is not a $65.00 portion of any heating or air conditioning system authorized by a ermit Hood served b mechanical exhaust includin duct/fan $65.00 Miscellaneous items including all factory-built stoves , ovens , $31.00 cook to s, etc. Facto Built Fire laces $31.00 Each low ressure Gas-Pi in s stem u to .5 si $25.00 Each medium or high pressure Gas Piping system , exceeding $85.00 .5 si Each misc. item regulated by the Huntington Beach $31.00 Mechanical Code where no fee is listed Mechanical Plan Review Collected at time of plan review submittal and assessed @ % 81% Fee of Ins ection Fees $53.00 Minimum A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 G:'BuildingAdmin/Web/Fee Schedule 08/17/09 .doc Effective 08/17/09 -6- PLUMBING PERMIT FEES Fee T e Permit Processin Char e Ins ection Fee Min Inspection Fee Plumbing Plan Review (714) 536-5241 How Determined Rate Flat Fee $31.00 Minimum fee char ed in addition to the Processin Char e $28.00 Each Plumbin Fixture $28.00 Each Buildin Sewer $55.00 Rainwater S stems - er drain $14.00 Each Water Heater and/or Vent $28.00 Each Low Pressure Gas-Pi in S stem, u to .5 si $25.00 Each Medium or High Pressure Gas Piping System, exceeding $85.00 .5 si Each Waste Interce tor or each Kitchen Grease Tra $55.00 Installation or alteration of water piping, including vacuum $55.00 breakers or backflow devices Water Treatin E ui ment $28.00 Sum Pum s sewa e or rainwater $28.00 Medical Gas Systems 1 to 5 outlets $185.00 • Each additional outlet $18.00 Each misc. item regulated by the Huntington Beach $28.00 Plumbin Code where no fee is listed Collected at time of plan review submittal & assessed @ %76% of ins ection fees $53.00 Minimum In excess of 3 submittals $106/hr SWIMM ING POOL PERMIT FEES Fee T e Permit Processin Char e Ins ection Fee Min Pre-Ins ection Fee Inspection Fee (Building) Inspection Fee (Electric) Inspection Fee (Plumb) Building Plan Review Planning Plan Review: How Determined -Rate Flat Fee $30.00 Minimum fee char ed in addition to Processin Char e $28.00 Collected at time of buildin Ian review submittal $85.00 Based upon Pro'ect Valuation Table construction costs per 1.00x s . ft. to determine ro-ect valuation.Table Electrical Items $85.00 Above Ground Spas, refer to Electrical Permit Items See Electrical Plumbin Items $80.00 Above Ground Spas, refer to Plumbing Permit Items Collected at time of building plan review submittal & See Plumbin assessed % of buildin ins ection fee $110.68 Minimum Collected at time of building plan review submittal & 79% assessed % of buildin ins ection fee 20% A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 G:\BuildingAdmin/Web/Fee Schedule 08/17/09.doc Effective 08/17/09 -7- SOLAR ENERGY PERMIT FEES (714) 536-5241 Fee T e How Determined Rate Permit Processin Char e Flat Fee $0.00 Ins ection Fee Min Minimum fee char ed in addition to the Processin Char e $0.00 Inspection Fee (Items)Each appliance or piece of equipment regulated by the $0.00-See Huntington Beach Solar Energy Code Special Services Solar Plan Review Fee Collected at time of plan review submittal and assessed @ %0% See of Inspection Fees Special Services A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 G:tBuildingAdmin/Web/Fee Schedule 08/17/09.doc Effective 08/17/09 -8- RESOLUTION NO.2012-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE DEVELOPMENT IMPACT FEE CALCULATION AND NEXUS REPORT FOR THE CITY OF HUNTINGTONBF4CH, AND ESTABLISHING NEW AND REVISED DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WITHIN THE CITY WHEREAS, several policies within the City's General Plan require that new development mitigate its share of the impacts to the natural and built environments and be fiscally neutral so as to not result in a net economic loss for the City; and Such General Plan policies include the maintenance of existing quality of life, maintenance of existing service levels and funding of new facilities, the requirement of new development to mitigate a fair share of its impacts, and calling for the use of impact fees to fund needed improvements to serve new development, among other policies; and In accordance with these General Plan policies, the City Council has directed staff in the past to create development impact fees in accordance with State law. Said impact fees were codified in Chapter 17.65 and Chapter 17.66 of the Huntington Beach Municipal Code as well as Huntington Beach Zoning and Subdivision Ordinance Chapter 230.20. Pursuant to each ordinance set forth above, the amount of the development impact fee is to be set and/or updated by resolution of the City Council; and Subsequently, and periodically, staff has conducted comprehensive reviews of the City's development impact fees to determine whether those fees are adequate to defray the cost of public facilities related to new development; those fees are set forth in Resolutions 6164, 2006- 23, 2000-97, 2004-88, 99-60 and 96-71; 2002-129, 2004-88 and The City contracted with Revenue & Cost Specialists, LLC to provide a updated comprehensive evaluation of the City's existing development impact fees; and Revenue & Cost Specialists, LLC prepared a report, entitled Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach, dated October, 2011 as amended April 27, 2012 (the "Nexus Report"), that provides an evaluation of existing development impact fees, recommends an increase and change in methodology in certain development impact fees, the creation of new impact fees and establishes the nexus between the imposition of such impact, fees and the estimated reasonable cost of providing the service for which the fees are charged; and The Nexus Report has been available for public review and comment; and The Nexus Report substantiates the need for a modification to exi ' g s to change certain methodology as well as creation of new imp t fees; an4 I 12-3209.006179289 -Svl ,zol Utz. // Resolution No. 2012-23 The City has collected development impact fees to mitigate the impacts of new development, including fees for transportation, park land acquisition and development, library and other public facilities since the adoption of the respective ordinances and resolutions; and The City Council desires to repeal certain resolutions, create and update other development impact fee resolutions in accordance with the calculations and recommendations contained in the Nexus Report; and In compliance with the Mitigation Fee Act, California Government Code section 66000 et seq., the City Council held a noticed public hearing on the proposed increase in development impact fees at its regular meeting on June 18 2012, to solicit public input on the proposed increases to development impact fees, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Findin s ursuant to Government Code section 66001. The City Council finds and determines that the Nexus Report complies with California Government Code section 66001, and as to each of the proposed fees to be imposed on new development: (a) Identifies the purpose of the fee; (b) Identifies the use to which the fee will be put; (c) Shows a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed; (d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and (e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed. 2. Fees for Uses Consistent with the Nexus Re it The City Council hereby determines that the fees imposed, pursuant to this resolution shall be used solely to finance the public facilities and/or equipment and park land acquisition described or identified in the respective ordinances and Nexus Report. 3. A royal of Items in the Nexus Re ort. The City Council has considered the specific public facilities, equipment and park land acquisition cost estimates identified in the Nexus Report and each ordinance thereto and hereby approves such public facilities, equipment and park land acquisition cost and cost estimates and further finds that the cost estimates serve as a reasonable basis for calculating and imposing the development impact fees as set forth in the Nexus Report. 2 12-3209.006/79289 Resolution No. 2012-23 4. Consistenc with General Plan. The City Council finds that the public facilities equipment and park land acquisition and fee methodology identified in the respective ordinances and Nexus Report are consistent with the City's General Plan and, in particular, those policies that require new development to mitigate its share of the impacts to City infrastructure and to be fiscally neutral. 5. Differentiation amon Public Facilities. The City Council finds that the public facilities identified in the Nexus Report and fimded through the collection of development impact fees recommended in the Nexus Report are separate and distinct from those public facilities funded through other fees presently imposed and collected by the City. To the extent that other fees imposed and collected by the City, including Specific Plan fees are used to fund the construction of the same public facilities identified in the respective ordinances and Nexus Report, then such other fees shall be a credit against the applicable development impact fees. Notwithstanding the above provision, this resolution shall not be deemed to affect the imposition or collection of the water and sewer connection fees authorized by the Huntington Beach Municipal Code. 6. CE A Findin . The adoption of the Nexus Report and the increase in development impact fees are not subject to the California Environmental Quality Act in that pursuant to CEQA Guidelines, section 15378(b) (4), the creation of government- funding mechanisms which do not involve any commitment to any specific project which may cause a significant effect on the environment, is not defined as a "project" under CEQA. 7. Ado tion of Re rt. The Nexus Report as amended April 27, 2012, including Appendices, is hereby adopted. 8. Fee Imposed. The new Development Impact Fees set by this resolution shall not apply to projects that have received discretionary project enti emen approv o 2012 and the following milestones are met: 1. Project applicant has submitted an approved application for building permits within 180 days after the fee going into effect or no later than February 18, 2013. 2. From the time of initial building permit application, the project makes continued progress toward satisfying plan check comments. 3. Building Permits are issued within 360 days after the fees go into effect. An exception to the above milestones is the involvement of an outside third party regulatory agency. In such cases the 180 days to make building permit application will begin when the developer receives clearance from that agency. The City Manager shall have the authority, in his/her sole discretion, to extend milestone dates for qualifying "grandfathered" projects. All other projects are subject to the fees then in effect. All existing Development Impact Fees remain in effect until final action is taken on this resolution and respective ordinances. In the event any portion of this resolution is held invalid, the previously approved development impact fee shall automatically apply. 9. Timing of Fee. The development impact fees imposed by this resolution shall be paid pursuant to the ordinances or resolution creating each separate fee. Until final action is 3 12-3209,006/79299 Resolution No. 2012-23 taken by City Council adopting the ordinances or resolution referenced herein, resolutions 6164, 2006-23, 2000-97, 99-60, 2004-88 and 96-71 shall remain in effect. 10. Amount of Fee. The City Council hereby approves and adopts the Development Impact Fees as set forth in Exhibit "A," attached hereto and incorporated herein as well as Nexus Report Schedules 3.2, 4.3, 5.2, 6.2, 7.1, 8.1, and 8.4. Exhibit A and the Nexus Report sets forth the methodology and aggregate amount imposed as a development impact fee for both residential and nonresidential land uses and also sets forth the breakdown of each development impact fee by type of facility. The amount of the development impact fees excluding traffic impact fees shall be automatically modified annually pursuant to the the percentage of increase or decrease in the Los Angeles-Anaheim-Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area, from March to March of the preceding twelve (12) months. Traffic impact fees shall be increased using the Engineering News Record's construction cost index as reported for the twelve month period ending in March of each year. The escalator indices provided herein shall not take effect until March of 2016. 11. Use of fee. The development impact fees shall be solely used for the purposes described in the respective ordinances creating the fees and the Nexus Report. Fees collected pursuant to existing ordinances and resolutions shall be maintained and used exclusively for those purposes and accounts for these fees shall remain in effect and shall be maintained by the City Manager or his/her designee. Fees collected under any of the categories listed in the Nexus Report may be used to finance the construction or implementation of any public facility listed in those categories to the extent that use of the fees may not exceed the percentage allocated to new development of all of the public facilities listed in the category, or sub-category. 12. Fee Determination b T e of Use. A. Residential Develo ment. Development impact fees for residential development shall be based upon the type of unit constructed. The development impact fee categories as shown in Exhibit A generally correspond to the City's land use designations in the land use element of the City's General Plan. B. Nonresidential Land Uses. Development impact fees for nonresidential land uses shall be based upon the square footage of the building or other measurement detailed in the respective development impact fee ordinances. The development impact fee categories as shown in Exhibit A generally correspond to the City's land use designations in the land use element of the City's General Plan. C. Uses Not S ecified. In the event that there are land uses not specified in Exhibit A, the development impact fee for such use shall be determined by the City Manager or y 4 12-3209.006/79289 l Resolution No. 2012-23 his/her designee who shall determine such fee based on an analysis of the impacts of the proposed use on public facilities, equipment and/or park land. 13. Prior Resolutions Su rseded. As provided herein the development impact fees approved and adopted by this resolution shall supersede and repeal any previously adopted development impact fee resolutions concerning the same, including 6164, 96-71, 99-60, 2000-97, 2004-88 and 2006-23, 2002-129, 2004-88. 14. Severability. If any action, subsection, sentence, clause or phrase of this resolution, the Nexus Report, or other attachments thereto, shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this resolution the Nexus Report, or other attachments thereto or fees levied by this resolution that can be given effect without the invalid provisions or application of fees. In the event any section of this resolution is held invalid the previously adopted affected fees shall be automatically reinstate as if never repealed or modified herein. 15. Effective Date. Consistent with California Government Code section 66017(a), the fees as identified in attached Exhibit "A" adopted by this resolution shall take effect sixty (60) days following final action taken on the respective ordinances or amendments thereto by the City Council. 16. Appeals. Appeals of any fees, including methodology, use, land valuation etc. created pursuant to this resolution shall be conducted as set forth in Huntington Beach Municipal Code Chapter 17.73. regular meeting thereof held on the 18 day of June 011 2 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a Mayor RE ND APPROVED: Ci er INI AND OVED: Deputy City anager APPROVED AS TO FORM: City Attorney M 12-3209.006/79289 5 Exhibit A Exhibit A-3 Atemative Fee Schedule No. 3 Development Impact Fees (Effective 9/2/2012) 30% Circulation Park Land/ System Open Space Law Fire (Streets,& Facilities Land Use Enforcement Facilities Suppression Facilities Signals, Bridges) Public Library Facilities (No Tract Map) Detached Dwelling Units (per Unit)$119 $277 $1,800 $1,091 $6,802 Att ached Dwelling Units (per Unit)$245 $115 $1,238 $519 $4,632 Mobile Home Dwelling Units (per Unit)$111 $475 $940 $479 $3,351 Hotel/Motel Lodging Units (per Unit)No Fee No Fee $172/trip $0.04/SF $0.23/SF Resort Lodging Units (per Unit)No Fee No Fee $172/trip $0.04/SF $0.23/SF Commercial/Office Uses (per sq. ft.)$0.312 $0.099 $4.175 No Fee $0.447 Industrial/Manufacturing Uses (per sq. ft.)$0.133 $0.009 $1.279 No Fee $0.393 Development Impact Fees (Effective 9/2/2013) 60% Circulation Park Land/ System Open Space Law Fire (Streets,& Facilities Land Use Enforcement Facilities Suppression Facilities Signals, Bridges) Public Library Facilities (No Tract Map) Detached Dwelling Units (per Unit)$238 $553 $2,092 $1,126 $11,540 Att ached Dwelling Units (per Unit)$489 $229 $1,417 $686 $8,576 Mobile Home Dwelling Units (per Unit)$221 $950 $1,094 $588 $6,701 Hotel/Motel Lodging Units (per Unit)No Fee No Fee $172/trip $0.04/SF $0.23/5F Resort Lodging Units (per Unit)No Fee No Fee $172/trip $0.04/SF $0.23/SF Commercial/Office Uses (per sq. ft.)$0.625 $0.197 $4.175 No Fee $0.664 Industrial/Manufacturing Uses (per sq. ft.)$0.266 $0.018 $1.498 No Fee $0.555 Development Impact Fees (Effective 9/2/2014) 90% Circulation Park Land/ System Open Space Law Fire (Streets,& Facilities Land Use Enforcement Facilities Suppression Facilities Signals, Bridges) Public Library Facilities (No Tract Map) Detached Dwelling Units (per Unit)$356 $830 $2,385 $1,160 $16,278 Attached Dwelling Units (per Unit)$734 $344 $1,597 $852 $12,520 Mobile Home Dwelling Units (per Unit)$332 $1,425 $1,248 $697 $10,052 Hotel/Motel Lodging Units (per Unit)No Fee No Fee $172/trip $0.04/SF $0.23/SF Resort Lodging Units (per Unit)No Fee No Fee $172/trip $0.04/SF $0.23/SF Commercial/Office Uses (per sq. ft.)$0.937 $0.296 $4.175 No Fee $0.882 Industrial/Manufacturing Uses (per sq. ft.)$0.399 $0.027 $1.716 No Fee $0.718 Date PrlntedS/24/2012, June 4 Resolution 3060_90 i i Page 1 Exhibit A-3 Aternative Fee Schedule No. 3 Schedule of Rates for Traffic Impact Fees (Effective 9/2/2012) Adjusted Average Trip-end Additional Cost per Land Use Trip Ends Distance to Trip Trip Miles Trip Mile Recommended Cost per 1000 sq. ft. dwelling unit or other unit (90% of original) RESIDENTIAL LANDUSES 4p iJril :;':¢;°--".•`° `.te^:.,T . Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 50.22 $ 1,737.61 /Unit Apartment 6.15 7.9 0.5 24.3 $ 50.22 $ 1.220.35 /Unit Condominium/Townhouse 5.36 7.9 0.5 21.2 $ 50.22 $ 1,064.66 /Unit Mobile Home Dwelling 4.57 7.9 0.5 18.1 $ 50.22 $ 908.98 /Unit RESORTITOURIST-(per Unit-or Entry boor] Hotel 629 7.6 0.5 23.9 $ 64.34 $ 1,537.73 /Room All Suites Hotel 3.77 7.6 0.5 14.3 $ 64.34 $ 920.06 /Room Motel 4.34 7.6 0.5 16.5 $ 64.34 $ 1,061.61 /Room INDUSTRIAL;,(?per 1;000 SE}• General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1,788.65 /1,000 sf Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 /1,000 sf Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 /1,000 sf Warehousing 4.39 9.0 0.5 19.8 $ 64.34 $ 1,273.93 /1,000 sf COMMERCIAL (per 1,000 SF)- .; ;:•a Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 11,000 sf Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 /1,000 sf Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000 sf Bldg. MaterIals/Lumber 29 35 4 3 0 5 63 1 $ 64.34 059.85$ 4 11,000 sfStore Garden Center . 23.45 . 4.3 . 0.5 . 50.4 $ 64.34 , $ 3,242.74 /1,000 sf Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 sf Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 11,000 sf Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 $ 4,175.67 11.000 sf Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 /1,000 sf Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 /1,000 sf High-Turnover Restaurant 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 /1,000 sf Convenience Market 43.57 4.3 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 sf Office Park 13.97 4.3 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf •'`OTHER 1as. noted):,.;: ;.' Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 /Acre Service Station/Market /Fuel6910734052315$ 64 34 894.71$ 14av.....,Position Service Station w/Car Wash 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743.02 P/Fueloston 30% increase Scenario Cost per 1000 sq. ft, dwelling unit or other unit $ 1,722.55 /Unit $' 1,209.50 /Unit $ 1,054.55 /Unit $ :, 899.1;9. /Unit •$ 1,218.63' /Room $' , 729.93 /Room $ 841.02 /Room $ 1,279.46 /1.000 $ 1,23801 /1,000 $ • Al 566/1.000 $ 910.74 /1,000 •$ 1,522.61 /1,000. $ 1,027.85 f,000 $ 1,91`7.85 $ 4,059.85 $ 3,242.74 $ 341.00 $ 817.12 $ 4,559.89 $ 1,470.08 $ 4,175.67 $ 1,582.76 $ 8,70520 $ 1,228.89 $ 6,028.66 $ 1,930.20 /1,000 sf /1,000 sf /1,000 sf /1,000 sf /1,000 sf 11,000 sf /1,000 sf /1,000 Sf /1,000 sf 11,000 sf 11,000 sf 11,000 sf /1,000 sf $ 424.64 /Acre /Fuel$14,894.71 Position $13 ,743.02 P/Fuelosition Page 2 Exhibit A-3 Atemative Fee Schedule No. 3 Schedule of Rates for Traffic Impact Fees (Effective 9/2/2013) Adjusted Average Trip-end Land Use Trip Ends Distance to Trip RESIDENTIAL LAND USES (per Unit) Recommended Cost per 60% Increase Scenario 1000 sq. ft, dwelling unit Cost per 1000 sq. ft, Additional Cost per or other unit (90% of dwelling unit or other Trip Miles Trip Mile • original) unit Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 57.39 $ 1,985.69 /Unit $ 1,938.39 /Unit Apartment 6.15 7.9 0.5 24.3 $ 57.39 $ 1,394.58 /Unit $ 1,36120 /Unit Condominium/Townho 5 36 7 9 0.5 21.2 $ 57.39 $ 1216.67 /Unit $ -1 187.17 /Unituse Mobile Home Dwelling , 4.57 . 7.9 0.5 18.1 $ 57.39 , $ 1,038.76 /Unit , $ 1,013.15 (Unit RESORTfrouaIST (per Unit or Entry-'Door) Hotel 6.29 7.6 0.5 23.9 $ 64.34 $ 1,537.73 /Room $ 1,355.39. /Room All Suites Hotel 3.77 7.6 0.5 14.3 $ 64.34 $ 920.06 /Room $ 811.41 /Room Motel 4.34 7.6 0.5 16.5 $ 64.34 $ 1,061.61 /Room $ 935.56 /Room INDUSTRIAI:',('per.1; )0O SF) General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1,788.65 11,000 sf '$ 1,497.69 /1,000 sf Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 /1,000 sf $ 1,449.18 11,000 sf Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 /1,000 sf $ 662.65 /1,000 sf Warehousing 4.39 9.0 0.5 19.8 $ 64.34 $ 1,273.93 11,000 sf $ 1,066.39 /1,000 sf COMMERCIAL (per 1;000 SF) ' • ' Office Park 7.42 8.8 0.5 326 $ 64.34 $ 2,097.48 /1,000 sf $ 1,768.99 /1,000 sf Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 11,000 sf $ 1,193.98 11,000 sf Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000sf $ 2,229.22 /1,000sf Bldg. Materials/Lumber 3529 4.3 0.5 63.1 $ 64.34 4,059.85$/1,000 sf $ 4,059.85 /1,000 sfStore Garden Center . 23.45 4.3 0.5 50.4 $ 64.34 $3,242.74 /1,000 sf $ 3,242.74 /1,000sf Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 sf $ 341.00 /1,000 sf Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 /1,000 sf $ 817.12 11,000 sf Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf $ 5,299.66 /1,000 sf General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $2,026.71 /1,000 sf $ 1,708.63 /1,000 sf Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 4,175.67 /1,000 sf $ 4,175.67 /1,000 sf Hospital 11.42 4.3 0.5 24.6 $ 64.34 1,582.76 /1,000 sf $ 1,582.76 /1,000 sf Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $8,705.20 /1,000 sf $ 8,705.20 /1,000 sf High-Turnover 8.9 4.3 0.5 19.1 $ 64.34 $1,228.89 /1,000 sf $ 1,228.89 11,000 sf Restaurant Convenience Market"43.57 4.3 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 sf $ 6,028.66 /1,000 sf Office Park i ` 13.97 4.3 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf $ 1,930.20 /1,000 sf OTFit=Rf as noteity •'f p,,Z. ,- . Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 /Acre $ 424.64 /Acre Service Station/Market 69107 4 3 50 2315 $ 64 34 894.71 /Fuel$ 14 /Fuel$14,894.71 av .....,ositionpService Station w/Car 3599 34 50 213.6 $ 64.34 13,743.02 /Fuel$/Fuel$13,743.02Wash...lion Position Page 3 0 Exhibit A-3 Aternative Fee Schedule No. 3 Schedule of Rates for Traffic Impact Fees (Effective 9/2/2014) Recommended Cost per Land Use Adjusted Average Trip-end to Additional Cost per 1000 sq. ft, dwelling unit or Trip Ends Distance Trip Trip Miles Trip Mile other unit (90% of original) RESIDE"A f AND USES er Unit) : '.. : Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 64.34 $ 2,226.16 /Unit Apartment 6.15 7.9 0.5 24.3 $ 64.34 $ 1,563.46 /Unit Condominium/Townhou 5 36 7 9 0 5 221 $ 64.34 $ 1 364 01 /Unit.se Mobile Home Dwelling 4.57 . 7.9 . 0.5 . 18.1 $ 64.34 ,. $ 1,164.55 /Unit RESPRTT/TOURIST.(per Unit.or.Entry boor) Hotel 6.29 7.6 0.5 23.9 $ 64.34 $ 1,537.73 /Room All Suites Hotel 3.77 7.6 0.5 14.3 $ 64.34 $ 920.06 /Room Motel 4.34 7.6 0.5 16.5 $ 64.34 $ 1,061.61 /Room INDUSTRIAL;( per 1 ,0.00 SF) . General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 { L; 'j,: $ 1,788.65 /1,000 sf Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 /1,000 sf Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 /1,000 sf Warehousing 4.39 9.0 0.5 19.8 $ 64.34 $ 1,273.93 /1,000 sf COMMERCIAL. (per 1,000 SF):.' Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 /1,000 sf Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 /1,000 sf Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000 sf Bldg. Materials/Lumber 29.35 4.3 0 5 63.1 34$ 64 $ 4 059.85 /1 000 sfStore Garden Center 23.45 4.3 . 0.5 50.4 . $ 64.34 , $ 3,242.74 , 11,000 sf Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 sf Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 /1,000 sf Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 $ 4,175.67 /1,000 sf Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 /1,000 sf Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 /1,000 sf High-Turnover Restaurant 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 /1,000 sf Convenience Market 43.57 4.3 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 sf Office Park 13.97 4.3 0.5 30.0 $ 64.34 $' 1,930.20 /1,000sf asOTHER,( Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 /Acre Service Station/Market 107.69 34 0 5 2315 34$ 64 894.71$ 14 /Fuel av ....,Position Service Station w/Car /Fuel993543052136$ 64 34 $ 13 743 02Wash.....,.Position Page 4 I Res. No. 2012-23 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven ; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 18, 2012 by the following vote: AYES: Shaw, Carchio, Bohr, Boardman NOES: Harper, Dwyer, Hansen ABSENT: None ABSTAIN: None Ci Clerk and ex -officio Clerk of the City Council of the City of Huntington Beach , California DELAWARE AVENUE • 244 245 246 247 239 304 303W 302 301 41248 z 238 249 STARFISH U1NE :5 237 42 297 298 299 300 =43 250 W 236 44W rE a 45 251 296 295 294 293 90 23S 46 47 252 COVE DRIVE 234 48 253 49 289 290 291 292 233 s0 254 232 51 52288 287 286 285 226 a 59 OC 19 255 NEPTUNE DRIVE 243 242 241 20 19 18 17 16 15 14 13 12 11 10 REEF LANE REEF LANE 305 306 307 308 240 30 21 22 23 24 25 25 27 28 29 Mobile NMI (ec Home Park W s N 10 231 53NE?T1111[DRNE 258 171 172 173 174 175 176 177 178 179 180 181 182 'Y 54 u 284 230 O 257 LAUNDRY 55 170 189 168 167 166 165 164 163 162 161 160 159 158 157 283 SPA 229 258 '282 GRILL 228 56 SEASHELL DRIVE 259 O%.280 Z 140 139 138 137 136 135 134 133 132 131 130 129 128 127 126 125 124 123 261 274 275 276 277 225 BREAKERS DRIVE 40 W z -1 Ou 9 8 38 37 36 35 34 33 32 31 30 216 217 215 214 218 213 212 219 sn 220 210 209 221 208 207 222 STARFISH LANE z 5zz 0 MAIN CLUB HOUSE 1 SHOREU'1FF offl 206 205 204 203 202 201 200 189 198 57 1t5 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 m 61252 224 263 273 272 271 270 223 62 DRIFTWOOD DRIVE 105 106 107 108 109 110 111 112 POOL 113 114 115 116 117 n8 119 120 121 104 103 102 101 100 99 98 97 OFFICE 96 95 94 93 92 91 90 89 86 87 86 DRIFTWOOD DRIVE Storage 264 265 266 257 268 269 63 64 65 66 68 69 70 72 73 74 75 76 77 78 79 81 82 83 85 Area lQ ''P BEACH BOULEVARD