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HomeMy WebLinkAboutInitial Plan; Zoning Review IPZR2017015 - Supporting DocumentsIt LawyersTitle'Lawyers Title Company 4100 Newport Place Drive Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 City of Huntington Beach Our File No: 09305790 P 0 Box 190 Title Officer: Chris Maziar Huntington Beach, CA 92648 e-mail: unit10@cltic.com Phone: (949) 724-3170 Attn:Mike Green Fax: (949) 258-5740 Your Reference No: 142-122-06 Property Address: 16371 GOTHARD STREET, City Of Huntington Beach, California PRELIMINARY REPORT (V4) Dated as of July 13, 2017 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein,Lawyers Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception 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 forth 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 forth in Attachment One of this report 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 preliminary report is not a written representation 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 liability 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: 09305790 SCHEDULE A The form of policy of title insurance contemplated by this report is: ALTA Standard Owners Policy (6-17-06) 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: M. Westland, LLC, a Delaware limited liability company 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 Preliminary Report Form - Modified (11-17-06) Page 2 File No: 09305790 EXHIBIT "A" All that certain real property situated in the County of Orange, State of California, described as follows: Parcel 11 of Parcel Ma No. 83-563, in the City of Huntington Beach, County of Orange, State of California, as per map recorded in Book 202, a e 12 of Parcel Ma s in the office of the Coun Recorder of said county. Also excepting therefrom 50%of ta 100% of all minerals, gas, oil, petroleum, naphtha and other hydrocarbon substances in, under or that may be produced or recovered from that portion of said land below a depth of 500 feet from its surface, with and including in each exception and reservation for the benefit of those entitled thereto, the right at any and all times to enter upon and into any and all parts of the portion of said land below such depth of 500 feet from its surface, for the purpose of exploring and drilling for, mining, developing, removing and extracting any and all such substances, by slant or directional drilling or other operations from other land, entering into and penetrating the land, the subject herein, only below such depth of 500 feet from its surface, but with (and there shall be) no right under such exception and reservation, of entry upon or use of the surface, or subsurface to a depth of 500 feet below the surface, as reserved by Dorothy Thayer Peck, Charles H. Thatcher and Title Insurance and Trust Company, a corporation, all as Trustee of the trust under written declaration thereof by Carrie A. Peck dated December 18, 1936, as to an undivided 25% of said 100% interest and by Dorothy T. Peck a widow, in her individual capacity, as to an undivided 25% of said 100% interest. Assessor's Parcel Number:142-122-06 CLTA Preliminary Report Form - Modified (11-17-06) Page 3 File No: 09305790 SCHEDULE B - Section A The following exceptions will appear in policies when providing standard coverage as outlined below: (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. 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. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 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. (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. Any lien or right to a lien for services, labor of material not shown by the Public Records. CLTA Preliminary Report Form - Modified (11-17-06) Page 4 File No: 09305790 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: Propertytaxes,whicharea liennotyetdueandpayable,includinganyassessmentscollectedwithtaxesto beleviedforthefiscalyear2017-2018. 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. Water rights, claims or title to water, whether or not disclosed by the public records. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:General Telephone Company of California, a Corporation Purpose:transmission of electrical energy for communication and incidental purposes Recording Date:March 4, 1965 Recording No:In Book 7433 Pa e 972 of Official Records Affects:said land more particularly described therein. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Southern California Edison Company, a Corporation Purpose:aerial and underground electric and communication lines Recording Date:August 9, 1965 Recording No:In of Official Records Affects:said land more particularly described therein. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:City of Huntington Beach Purpose:public street and utility purposes Recording Date:January 3, 1968 Recording No:In Book 8482 Pa e 727 of Official Records Affects:said land more particularly described therein. The ownership of said Land does not include rights of vehicular access to the street or highway hereinafter mentioned, except at specified points, said rights have been relinquished by the dedication provisions shown on the map of the tract referred to below: Street or Highway:Gothard Street and Heil Avenue Tract No.:Parcel Mao 83-563 Recorded:In Book 202. Pace 12 of Official Records CLTA Preliminary Report Form - Modified (11-17-06) Page 5 File No: 09305790 Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Southern California Edison Company, a Corporation, its successors and assigns Purpose:construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems Recording Date:January 6, 1987 Recording No:as Instrument No. 87-005795 of Official Records Affects:said land more particularly described therein. Offer of dedication was rejected by the legislative body, but shall remain open for later acceptance pursuant to Section 66477.2 of the California Government Code, unless said offer is abandoned by the legislative body pursuant to the summary vacation procedure contained in the California Streets and Highways Code. Adeedoftrusttosecureanindebtednessintheamountshownbelow, Amount:$4,000,000.00 Dated:September29,2006 Trustor/Grantor M.Westland,LLC,aDelawarelimitedliabilitycompany Trustee:LandAmericaLawyersTitle Beneficiary:GREAT-WESTLIFE & ANNUITYINSURANCECOMPANY, a corporation LoanNo.:153571 RecordingDate:September29,2006 RecordingNo:2006000650580,OfficialRecords. Affects:ThehereindescribedLandandotherland. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. 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: 09305790 REQUIREMENTS SECTION: REQ NO.1: The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company:M. Westland, LLC, a Delaware limited liability company A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. REQ NO. 2: We find various Liens and Judgments that are of record against persons with similar or the same name as that of the vestee(s) shown herein. In order to complete this report, the Company requires a Statement of Information to be provided for the following vestee(s), which may allow and assist in the elimination of some or all of the said liens and judgments. After review of the requested Statement of Information, the Company reserves the right to add additional items or make further requirements prior to the issuance of any Policy of Title Insurance. Vestee(s):William Miller and Dorothy Jackson aka Dorothy Miller (general partners) 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 parties 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. CLTA Preliminary Report Form - Modified (11-17-06) Page 7 File No: 09305790 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, report or guarantee to which it may be attached. NOTE NO. 2: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.:142-122-06 Fiscal Year:2016-2017 1st Installment:$59,328.56 2nd Installment:$59,328.56 Exemption:0.00 Code Area:04-007 Said matter affects this and other property. Typist: nb0 cm8 Date Typed: May 29, 2012; September 29, 2015 CLTA Preliminary Report Form - Modified (11-17-06) Page 8 ATTACHMENT ONE AMERICANLANDTITLEASSOCIATION RESIDENTIALTITLE INSURANCEPOLICY(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, costs, attorneys' fees, and the expenses resulting from: Any rights, interests, or claims of parties in possession of the land not shown by the public records. Any easements or liens not shown by the public records. 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 Failure to pay value for your title. 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: (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. 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. 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; 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; resulting in no loss or damage to the insured claimant; 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 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 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 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. 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. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 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. (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. 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: (a) Any law, ordinance or govemmental 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. 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. Defects, liens, encumbrances, adverse claims or other matters: created, suffered, assumed or agreed to by the insured claimant; 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; resulting in no loss or damage to the insured claimant; 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 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: the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: to timely record the instrument of transfer; or 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: 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. 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. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 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. (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. 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 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 atise 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 the occupancy, use, or enjoyment of the Land; the character, dimensions, or location of any improvement erected on the Land; the subdivision of land; or environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters created, suffered, assumed, or agreed to by the Insured Claimant; 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; resulting in no loss or damage to the Insured Claimant; 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 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. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a fraudulent conveyance or fraudulent transfer, or a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by govemmental 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 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: (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. 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. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 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. (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. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment O n e ( 0 7 / 2 6 / 1 0 ) ATTACHMENTONE (CONTINUED) FORMERLYAMERICANLANDTITLEASSOCIATIONOWNER'SPOLICY(10-17-92) EXCLUSIONSFROM 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: (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. 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: created, suffered, assumed or agreed to by the insured claimant; 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; resulting in no loss or damage to the insured claimant; attaching or created subsequent to Date of Policy; or 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: the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or 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: to timely record the instrument of transfer; or 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: EXCEPTIONSFROMCOVERAGE 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: 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. 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. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 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. (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. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) ATTACHMENTONE (CONTINUED) 2006 AMERICANLANDTITLEASSOCIATIONOWNER'SPOLICY(06-17-06) EXCLUSIONSFROMCOVERAGE 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 the occupancy, use, or enjoyment of the Land; the character, dimensions, or location of any improvement erected on the Land; the subdivision of land; or environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; 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; resulting in no loss or damage to the Insured Claimant; 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 resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 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 fraudulent conveyance or fraudulent transfer; or a preferential transfer for any reason not stated in Covered Risk 9 of this policy 5. Any lien on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching 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: EXCEPTIONSFROMCOVERAGE 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: (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. 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. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, venation, 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. (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. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) ATTACHMENTONE (CONTINUED) CLTAHOMEOWNER'SPOLICYOF TITLE INSURANCE(10-22-03) ALTA HOMEOWNER'SPOLICYOFTITLE 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: building zoning Land use improvements on Land land division 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: that are created, allowed, or agreed to by You, whether or not they appear in the Public Records. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; that result in no loss to You; or 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: to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. LIMITATIONSON COVEREDRISKS 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: Your Deductible Amount Our Maximum Dollar Limit of Liability $10 000.00Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: 1.00% of Policy Amount or $2 500.00 (whichever is less) 1.00% of Policy Amount Or $5.000.00 (whichever is less) 1.00% of Policy Amount or $5 000.00 (whichever is less) 1.00% of Policy Amount Or $2 500.00 (whichever is less) $25 000.00 $25 000 00 $5 000.00 Attachment One (07/26/10) ATTACHMENT ONE (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: building; zoning; land use; improvements on the Land; land division; and 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: that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; 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; that result in no loss to You; or 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: to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and 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: Your Deductible 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) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: (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. 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. Defects, liens, encumbrances, adverse claims or other matters: created, suffered, assumed or agreed to by the Insured Claimant; 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; resulting in no loss damage to the Insured Claimant; 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 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: The time of the advance; or 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 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 the occupancy, use, or enjoyment of the Land; the character, dimensions or location of any improvement erected on the Land; the subdivision of land; or 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 govemmental 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 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; Attachment One (07/26/10) File No: 09305790 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; resulting in no loss or damage to the Insured Claimant; 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 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. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 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. Any lien on the Title for real estate taxes or assessments imposed by govemmental 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. 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. 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 fraudulent conveyance or fraudulent transfer, or a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. Attachment One (07/26/10) LawyersTitle'Lawyers Title Company 4100 Newport Place Drive Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 File No.09305790 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 delivery of escrow instructions, a preliminary 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. FNF Underwritten Title Com an FNF Underwriter LTC -Lawyers Title Company CLTIC -Commonwealth Land Title Insurance Co. Available Discount 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, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. 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. Notice of Available Discounts Mod. 10/21/2011 3ONV80 dO A1N1100 5370813 NI MOONS Zl39VdZI71.)1008SY36'fr1IIN 7308V,I dPkYS,80553SSV P >10078 5,80553SSV - 310NgO-rti-orddVIN 73.2,1IrdZ961 ta9WiL£9£. A1/7 'SW7rnNw1NIY110 MOWS'41Z1 - 001 'IV If7/10111IA 4f, •1-738.1SOtIVPILOOou! ®WDVZ927On/ 00012go 'NH 12'OW 990, '8:FS3007rt.11-01:303SWarkr-plir”.•.ar/ 'OW71/91194,31' 'OWN1-OF •ed OPUSOrtl• ,-04,011,711,207,5, 740.1-540-06.5,1111178Z6ZTHIS MAP SHOULD BE USED FOR REFERENCE PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES.'Al 11'd "Sçi TZ '93S '1,/1 MN 'Z/1 3 'HOd Cit of Huntin ton Beach 2000 MAIN STREET CALIFORNIA 9 2 6 4 8 DEPARTMENTOFCOMMUNITYDEVELOPMENT P1 714.536.5271 de Enforce e t • 714.375.5155 . .. . . v s l o 714.536.5241 September 28, 2017 APPLICATION:INITIAL PLANING/ZONING REVIEW NO. 17-015 (HB BUSINESS CENTER PARKING LOT REPAVING AND RESTRIPING) APPLICANT:Bruce Alston, All Star Paving Co. 602 S. Santa Fe Street Santa Ana, CA 92705 PROPERTY OWNER: M.Westland LLC. 13070 Old Bolsa Chica Road Westminster, CA 92683 REQUEST:Review of conceptual plans for the repaving and restriping of an existing parking lot. PROJECT LOCATION:16291-16441 Gothard Street, 92647 (west side of Gothard St. between Heil Ave. and Edinger Ave.) Dear Mr. Alston: We appreciate the opportunity to review your conceptual plans submitted September 12, 2017 for the repaving and restriping of an existing parking lot. The comments provided in this letter reflect Planning Division review only and should be considered preliminary, subject to change upon receipt of any new information and/or submittal of an entitlement application. GENERAL PLAN/ZONING The General Plan designation for the subject property is I-F2-d (Industrial —Maximum 0.5 Density — Design Overlay). The project site is located within the IG (Industrial General) zoning district. REQUIRED PERMITS/ENTITLEMENTS A building permit is required for the repaving and restriping of the existing parking lot. IPZRNo.17-015 September28,2017 Page2of2 CODEREQUIREMENTS The parking stalls shall be double striped as depicted in HBZSO Section 231.14 Parking Space Dimensions, DiagramA. The parking plan shall comply with the State Handicap Regulations in the design and number of handicapped parking spaces. The 18 existing parking spaces adjacent to the south side of future building 16441 Gothard Street shall be depicted on the building permit plans in accordance with the approved site plan of CUP 1983-18(HBZSO 231.04). Thank you for submitting your Initial Planning/Zoning Review application. Please contact me at (714) 374-1529 or via email at Nicolle.Bour eois surfcit -hb.or if you have any questions regarding the information in this letter. Sincerely, Nicolle Bourgeois,AICP PlanningAide c:M.Westland LLC., Property Owner Jane James, Planning Manager Project File GABourgeois\IPZR\IPZR 17-015 (HB Business Park Restripe)\NEW DRAFT NOA.docx CITY OF HUNTINGTON BEACH 2000MAINSTREET CALIFORNIA92648DEPARTMENT OF DEVELOPMENT SERVWES BUILDING DIVISION 1714)53D5241 PLANNING DIVISION 714) 636.5271 CONDITIONAt USE PtRMIT NO. 83-18 (Tpm 83.-563/CE 83-26/ND 83-21) APPEAL. Applicant:M. Westland Company L. Miller, Partner 13670 Old Bolsa Chica Road Westminster, California 92648 Request:To permit development of A mixed- use industrial/commercial/office project Location:Subject property is located on.the northwest corner of Gothard Street and Heil Avenue, . Date OfApproval: City Council approved on November-21,1983 FINDINGS: The proposed use is compatible with the exiating and surrounding land Uses in the general area, insofar as properties to the north, east, end south are zoned and general planned for industrial use, The'proposed project complies with.the provisions set fotth in Article 953, M1 Industrial Standards. The proposed project:is consistent with the land use element and the provisions set forth in the'City's General Plan because it is an industrial development in a site that is located.within the Gothard Industrial COrridor. CONDITIONS OF APPROVAL: The site plan dated August 5, 1983 and the elevations dated June 17, 1983 shall be-the approved site plans and eleyationa. COmmercial/office uses allewed in the project ehall be governed by the list of uses contained in Resolution No. 1313 and shall be located only in those buildings and suites sc indicated.on the- Approved site plan. Any changejn the list-of uses shall be subject to the approval of the Planning Comtisaion. 3.. All building spoils, such as unOsed lumber', wire, pipe,, and other - surplus or unusable materials, shall be disposed of at an Offsite facility equipped to handle them, . City Council Conditior of Approval- C.U.P, 83-18_ November 21, 1983 , page 2 4. Energy efficient lighting, such as high pressure sodium vapor lamps, shell be used in parking lots for energ y c o n s e r v a t i o n a n d designed•to prevent spillage onto adjacent areas. S. A.minimum 4 fc,,tlandscape setback area shall be provided along the western property line of Lot 11. This buffer area shall con- . tain trees of sufficient size and species to provide screeni n g a n d - visual enhancement of the industrial use for the residences adj a c - ent to the industrial use. Said landscape buffer s h a l l b e p r i - marily trees and in accordance with the adopted landscape standards' on file in the Department'of Development Services. Redwood slats shall be installed in existing chain link fence and no other exterior walls or fences shall befirequiree 6. The development shall comply with all requirements of the Hunting- ton Beach Fire Department. The second story lofts on the commercial suites shall be used for storage/industrial only rather than as additional retail space. A soils analysis shall be prepared by a regiitered soils engineer. This analysis shall include onsite sampling and laboratory , t e s t i n g of materials to provide detailed.recommendations'regarding grading, chemical and.fill properties, foundations, retain i n g walls,streets,and utilities. The design and materials of all perimeter walls shall be subject to the approval of the Department of Development Services prior to the issuance of building permits. A detailed landscape and sprinkler plan shall be subject to the approval of the Department of Development Services prior t o t h e i s - suance of building permits. The sewer, drainage, and street improvements shall be in accordance with Public Works standards. Infermation on 'equipment or facilitieS which may generate air pollu- tants shall be submitted,to the South Coast Air Quality Management District staff.for its review prior to the issuance of a certifi- cate of occupancy for any use withia the.building. A minimuM45 foot building setback shall be provided from the, wetterly property line of Lot 11. Buildings may have doors and windows on the west Walls facing the residential neighborhood. 14. Within 80 feet of the.westerly property line of Lot 11, building height shall not exceed 18-feet. Between 80 feet and 110 feet of the westerly property line of Lot 11, building height shall not . exceed 31 feet.- Building height in the remainder of the project shall cenform to the M-1 development standard for height. .City Council Conditions f Approval C,U,P. 113,18 November 21, 1983 Page 3 A detailed sign plan shall be submitted to the Department of Development Services for review and approval prior to issuance of building permits. Towic gases or matter shall not be emitted which can cause any damage to health, to animals or vsfletation,or other forms of property, or which can cause any excessive soiling beyond the lot lines of the use. Odors from gases or other odorous matter shall not be in such quantities as to be offensive beyond the lot line of the use. .18 M. Westland and/or developer shall not construct any pavements or buildings until after March 31, 1984 except street and drainage improvements within the City rights-of-way. Before April 1, 1984 M. Westland and/or developer will be permitted to grade the project and install underground utilities. On April 1, 1984 M. Westland and/or developer shall be permitted to construct buildings and pavements. I hereby certify that the City Council on appeal from the Planning Commission approved Conditional Use Permit No. 83-18 on November 21, 1983, upon the foregoing conditions and citations.. Very truly, . et) James W. Palin, Director Department of Development Services :df RESOLUTION N O . 1 3 1 3 A R E S O L U T I O N O F T H E P L A N N I N G C O M M I S S I O N O F THE C I T Y O F H U N T I N G T O N B E A C H A D O P T I N G A L I S T OF U S E S W H I C H W I L L B E A L L O W E D A S P A R T O F A MIXED U S E I N D U S T R I A L D E V E L O P M E N T L O C A T E D A T THE N O R T H W E S T C O R N E R O F G O T H A R D S T R E E T A N D HEIL A V E N U E . WHEREAS, S e c t i o n 9 5 1 1 . 4 o f t h e H u n t i n g t o n B e a c h O r d - inance Code requi r e s t h a t a r e s o l u t i o n b e a d o p t e d b y t h e P l a n n i n g Commission p r i o r t o t h e a p p r o v a l o f a c o n d i t i o n a l u s e p e r m i t i n order to establi s h a l i s t i n g o f u s e s w h i c h w i l l b e a l l o w e d i n mixed use indus t r i a l d e v e l o p m e n t ; a n d WHEREAS, t h e P l a n n i n g C o m m i s s i o n o f t h e C i t y o f Huntington B e a c h h a s r e v i e w e d t h e l i s t o f uses requested b y t h e applicant for Condi t i o n a l U s e P e r m i t N o . 8 3 - 1 8 a n d h a s r e v i e w e d the prop o s e d p r o j e c t a n d c o n s i d e r e d t h a t s a i d u s e s a r e c o m p a t i b l e with t h e p r o p o s e d p r o j e c t a n d t h e s u r r o u n d i n g u s e s ; a n d WHEREAS, t h e d e v e l o p e r h a s a g r e e d t o k e e p t h e C i t y apprised a t a l l t i m e s o f t h e r a t i o o f c o m m e r c i a l a n d o f f i c e operations, so that h e d o e s n o t e x c e e d t h a t w h i c h i s a u t h o r i z e d by the approval o f t h i s c o n d i t i o n a l u s e p e r m i t ; a n d WHEREAS, a n y v i o l a t i o n o f t h e t e r m s o f t h i s r e s o l u t i o n or of an y c o n d i t i o n o f a p p r o v a l s h a l l a u t o m a t i c a l l y s u b j e c t t h e conditional u s e p e r m i t t o a p u b l i c h e a r i n g f o r p o s s i b l e r e v o c a - tion; NOW, T H E R E F O R E , B E I T R E S O L V E D t h a t t h e f o l l o w i n g l i s t of c a t e g o r i c a l u s e s a r e p e r m i t t e d u s e s f o r t h e m i x e d u s e d e v e l o p - ment at the nor t h w e s t c o r n e r o f G o t h a r d S t r e e t a n d H e i l A v e n u e a n d any addit i o n s , m o d i f i c a t i o n s , o r r e v i s i o n s t o t h i s l i s t s h a l l require a revised resolu t i o n p r i o r t o e s t a b l i s h m e n t o f a n y s u c h addition, modifica t i o n , o r r e v i s i o n : The'office b u i l d i n g l o c a t e d a t t h e i n t e r s e c t i o n o f Gothard a n d H e i l s h a l l c o n t a i n g e n e r a l o f f i c e u s e s , except t h a t m e d i c a l , d e n t a l , a n d / o r c l i n i c u s e s s h a l l )pe p r o h i b i t e d . Retail u s e s s h a l l c o n s i s t o f b u s i n e s s / o f f i c e s u p p l i e s , stationery, o f f i c e f u r n i t u r e , d r a f t i n g s u p p l i e s a n d b l u e - printing, x e r o x c o p y / p r i n t s h o p s , e n g i n e e r i n g a n d s u r v e y i n g supplies, p h o t o s t u d i o s / g r a p h i c a r t s , t r a v e l a g e n c y , industrial/commercial/residential r e a l e s t a t e s a l e s , medical e q u i p m e n t s a l e s a n d l e a s i n g , p a i n t s t o r e s a n d decorating s h o p s , h o m e f u r n i s h i n g s a n d h a r d w a r e s t o r e s , appliance s t o r e s , l i g h t i n g f i x t u r e s s t o r e s , s p a a n d / o r hot t u b s a l e s a n d s a n d w i c h s h o p s a n d / o r d e l i c a t e s s e n . Resolution No.0313 Page 2 The following additional retail uses are permitted subject to the restriction that outside storage of equipment and/ or autos and trucks shall be prohibited in conjunction with such leasing operations: equipment rentals, industrial equipment and machinery leasing and sales, marine supplies and hardware, auto and/or truck leasing. REGULARLY PASSED AND ADOPTED by the Planning Commission of the City of Huntington Beach, California, on September 7, 1983 by the following roll call vote: AYES:Higgins, W i n c h e l l , L i v e n g o o d , P o r t e r , E r s k i n e , Schumacher, M i r j a h a n g i r NOES:None ABSENT:None ABSTAIN:None ATTEST: J es W. Palin, Secretary Marcus M . P o r t e r , an POR. E 1 / 2 , N W 1 / 4 , S E C . 2 3 , T . 5 S . , R . 1 1 W . 142—1 2 H.8. C I T Y STORM D R A I N CHANNEL MARCH1962 PARCELMAP P.M.30—1,43—45.326—.3 36 37 NOTE — A S S E S S O R ' S B L O C K & A S S E S S O R ' S M A P PARCEL N U M B E R S BCOOLiONKTY1402rPORAAGNEGE12 SHOWN I N C I R C L E S 29 28 1177-.30-tel-611£1172-30-1M-POR. " s w 6 g : A - m e - 4 P.M. PARI PAR2 C-)0 3.242 A C 5.213 A C 160' P.M. 3 0 - 1 PAR.' 2 4.85511C. SBEWIZIMPAN N.SEC23-5-1/ 83NI 175 6.10. MO'340' 27 0 2.262AC mmo.326-3 RM.4 4 5 1800 A C I O 270' WTHARD STRFET (i) 11.07 A G P M . 2 0 2 - 1 2 1" = 2 0 0 '