HomeMy WebLinkAboutArchstone Huntington Beach College Park LLC - AvalonBay Communities Inc. - 2012-10-15Dept. ID PL 13-009 Page 1 of 2
Meeting Date: 5/6/2013
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CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 5/6/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Scott Hess, AICP, Director of Planning and Building
SUBJECT: Approve an Estoppel Certificate for the Huntington Beach Lofts project and
authorize the Citv Manager to execute said Certificate
Statement of Issue:
The Council approved Development Agreement No. 12-03 for the Huntington Beach Lofts project
on October 15, 2012, between the City and Archstone Huntington Beach College Park, LLC, which
consisted of two entities. One of the LLC's partners has changed and the former partner,
Archstone, is requesting the City approve an Estoppel Certificate. Staff recommends the City
Council approve the Certificate and authorize the City Manager to execute it.
Financial Impact: Not applicable
Recommended Action: Motion to:
Approve the Estoppel Certificate for the Huntington Beach Lofts project and authorize the City
Manager to execute said Certificate (Attachment No. 1).
Alternative Action(s):
The City Council may make the following alternative motion(s):
1. Deny the Estoppel Certificate.
2. Continue the Estoppel Certificate and direct staff accordingly.
Analysis:
A. PROJECT PROPOSAL:
Applicant/
Property Owner: Archstone Huntington Beach College Park, LLC c/o Alex Wong, Red Oak
Investments, 2101 Business Center Dr., Ste. 230, Irvine, CA 92612; and Archstone Huntington
Beach College Park LLC, 3 MacArthur Place, 6th Flr., Santa Ana, CA 92707-5902; and Zachary
Roth, AvalonBay Communities, Inc., 4440 Von Karman, Ste. 300, Newport Beach, CA 92660
Location: 7302-7400 Center Avenue (southeast corner of Gothard Street and Center Avenue)
Item 5. - I HB -124-
Dept. ID PL 13-009 Page 2 of 2
Meeting Date: 5/6/2013
B. BACKGROUND:
The Huntington Beach Lofts project (formerly known as The Ripcurl project) was approved by the
City in 2008. Due to a downturn in the economy, project construction was put on hold. In 2011, the
original applicant for the project, Red Oak Investments, formed a partnership with Archstone and
began work on construction drawings and completing conditions of approval. One of these required
an affordable housing agreement, and on October 15, 2012, the City Council approved
Development Agreement No. 12-03 with the LLC formed by Red Oak and Archstone to carry out the
affordable housing provisions of the project. Archstone's interest was acquired by AvalonBay
Communities, Inc. in February 2013 and the project proponents are expected to begin
demolition/construction in May 2013.
C. STAFF ANALYSIS AND RECOMMENDATION:
The purpose of the requested Estoppel Certificate is to provide information pertaining to the subject
property and is a standard document requested in real estate transactions. The City,Attorney's
office determined that the approved Development Agreement did not delegate authority for staff to
approve the Estoppel Certificate. Thus, it is being forwarded to the City Council for approval, and
the City Council may authorize the City Manager to execute it on behalf of the City. The statements
in the Estoppel Certificate are accurate, and staff recommends the City Council approve the
Estoppel Certificate and authorize the City Manager to sign.
Environmental Status:
The proposed request is exempt from the California Environmental Quality Act pursuant to Section
15061 (b)(3).
Strategic Plan Goal:
Enhance economic development
Attachment(s):
1. Estoppel Certificate
HB -125- Item 5. - 2
llu
Item 5. - 3 HB -126-
ESTOPPEL CERTIFICATE
This Estoppel Certificate (the "Certificate") is made as of the date set forth below by the
undersigned with reference to that certain Development Agreement recorded October 17, 2012 as
Instrument No. 2012000632651 (the "Agreement") in the Official Records of Orange County, California,
with respect to that certain real property located at 7302-7400 Center Avenue in Huntington Beach,
California (the "Pro e "). Capitalized terms used but not defined herein shall have the same meanings
assigned to such terms in the Agreement.
The undersigned, City of Huntington Beach, a California municipal corporation (the "Cily"), with
respect to the Agreement, hereby certifies to Archstone Huntington Beach College Park LLC, a Delaware
limited liability company ("Property Owner"), as the current fee owner of the Property, each of its direct
and indirect owners, and each of their respective lenders, prospective lenders, any mortgagee(s) of the
Property, First American Title Insurance Company, and each of their respective successors and assigns
(together with Property Owner, the "Parties"), as follows:
1. A true and correct fully executed copy of the Agreement is attached hereto as Exhibit A.
The Agreement is presently in full force and effect and has not been modified.
2. The undersigned has the power and authority to confirm the status of compliance by the
owner of the Property with the Agreement.
3. As of the date of this Certificate, the undersigned has not imposed any of the emergency
measures set forth in Section 3.4 of the Agreement including, but not limited to, a
development moratorium.
4. Development Impact Fees are not yet due and payable under the Agreement.
5. Property Owner is not in default under or in violation of any of the conditions,
restrictions, covenants or prohibitions of the Agreement, whether monetary or otherwise,
and there is no event which, but for the passage of time, or the giving of notice, or both,
would constitute an event of default or a breach by Property Owner under the Agreement.
A Notice of Non -Compliance has not been issued to the Property Owner by the City
under the Agreement.
6. The Affordable Housing Agreement has been executed, a true and correct fully executed
copy of the Affordable Housing Agreement is attached hereto as Exhibit B and, to the
knowledge of the undersigned, Property Owner is not in default under or in violation of
any of the conditions, restrictions, covenants or prohibitions of the Affordable Housing
Agreement.
The City has delivered this Certificate with the understanding that the Parties will rely
upon it.
The individual executing this Certificate on behalf of the City is authorized to do so.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
-1-
LIBD/2621109.2
IN WITNESS WHEREOF, the City has executed this Certificate as of (04, 2013.
CITY OF HUNTINGTON BEACH,
a California n/jpicipal corporation
By: Vyy I -
Name: Fred/ Wi 1 son
Title: �(Cit i Manager
APPROVED AS TO FORM:
ity A
-2-
LIBD/2621109.2
V—�-k ' 1ZI � �
EXHIBIT A
DEVELOPMENT AGREEMENT
-3-
LIBD/2621109.2
This Document fir--s electronically recorded by
City o_ . ,untington Beach
Recorded in Official Records, Orange County
RECORDING REQUESTED BY Torn Daly, Clerk -Recorder
AND WHEN RECORDED MAIL TO:
_ - CITYOF-HLTNTINGTON BEACH _ _ ___I�I�If�IIIi�IIIIII��iIIIIi�II�II�I�II�Ii�IIIIII�III���NO FEE. 2012000632651 10.296M 10_
/17/12
2000 Main Street 65 404 Al 21
Huntington Beach, CA 92648 0.00 0.00 0.00 0.00 60.00 0.00 0.00 0.00
Attention: Director of Planning and Building
This doaiment la solely far th& oNkW (Space Above For Recorder's Use)
business of the City of Hunts VW
Beach, as contemi)WW under
Governa►ent Code Sac. 6103 WA
should bs receded fry of cbaW- DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is made in Orange County,
( / California, as of e.ZZ6 -72 16- , 2012, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California (the "City") and ARCHSTONE
HUNTINGTON BEACH COLLEGE PARK LLC, a Colorado limited liability company (the
"Property Owner").
RECITALS:
A. The City is authorized pursuant to Government Code sections 65864 through 65869.5
and Huntington Beach Zoning and Subdivision Ordinance (BBZSO) Chapter 246 to enter
into binding development agreements with persons or entities owning legal interests in
real property located within the City.
B. Property Owner is the owner of that certain real property more particularly described in
Exhibit A attached hereto and incorporated herein by this reference (the "Property").
C. The City and the Property Owner each desire to enter into this Agreement affecting the
Property in conformance with Government Code section 65864 et seq. and HBZSO 246
in order to achieve the mutually beneficial development of the Property in accordance
with this Agreement.
D. The Property Owner seeks to develop a project on the Property'consisting of up to 385
dwelling units and live work units, 10,000 square feet of square feet of commercial uses,
as more particularly set forth in the Development Plan (collectively, the "Project"),
attached as Exhibit B and incorporated herein, all in accordance with City regulations, as
may be amended from time to time.
E. The City Council of the City (the "City Council") certified an environmental impact
report (the "EIR") for the Project on November 10, 2008 and approved General Plan
Amendment 07-0003, Zoning Text Amendment 07-0004, Zoning Map Amendment
07-001 and Conditional Use Permit No. 07-043 on November 10, 2008.
12-3446/84272
F. The City and the Property Owner each mutually desire to obtain the binding agreement of
one another to permit and ensure that the Property is developed strictly in accordance
with the provisions of this Agreement.
G. This Agreement will benefit the Property Owner and the City by eliminating uncertainty
in planning and providing for the orderly development of the Project. Specifically, this
Agreement (1) eliminates uncertainty about the validity of exactions to be imposed by the
City, (2) provides for the construction of needed affordable housing, (3) ensures that
development of the Property occurs within a reasonable timeframe, and (4) generally
serves the public interest within the city and the surrounding region.
H. The Planning Commission and City Council have each given notice of their intention to
consider this Agreement, and have each conducted public hearings thereon pursuant to
the relevant provisions of the Government Code. The City Council has found that the
provisions of this Agreement are consistent with the City's 1996 General Plan for
development within the City, as amended (the "General Plan") and City zoning
ordinances, as amended. The Planning Commission and City Council have also
specifically considered the impacts and benefits of the Proj ect upon the welfare of the
residents of the City and the surrounding region. The City Council has determined that
this Agreement is beneficial to the residents of the City and is consistent with the present
public health, safety and welfare needs of the residents of the City and the surrounding
region.
I. On September 2 5 , 2012, the Planning Commission held a duly noticed public
hearing on this Agreement.
I On October 15 , 2012, the City Council held a duly noticed public hearing on this
Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals which are hereby
incorporated into the operative provisions of this Agreement by this reference and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City
and the Property Owner agree as follows:
Definitions.
1.1. "Affordable Dwelling Units" shall mean a Dwelling Unit available at
Affordable Rent.
1.2. "Affordable Housing Agreement" shall collectively mean that certain
Affordable Housing Agreement Restrictions Rental (Declaration of Covenants, Conditions and
Restrictions for Property) (AHARR) by and between the HBHA, the City and the Property
Owner together with all attachments thereto, which was approved as to form as part of this
Development Agreement. AHARR shall also include any and all amendments or modifications
thereto.
1.3. "Affordable Rent" shall have the same meaning set forth in California
Health and Safety Code section 50053, as more specifically set forth in the Agreement
12-3446/84272 -2-
Containing Covenants Affecting Real Property to be attached to the Affordable Housing
Agreement.
1.4. "Applicable Rules" shall mean the rules regulations; -ordinances and _...._
official policies of the City which were in force as of the Effective Date (as defined below),
including, but not limited to, the General Plan, City zoning ordinances and other entitlements,
development conditions and standards, public works standards, subdivision regulations, grading
requirements, and provisions related to density, growth management, environmental
considerations, and design criteria applicable to the Project. Applicable Rules shall not include
building standards adopted by the City pursuant to Health and Safety Code sections 17922 and
17958.5.
1.5. "Area Median Income: shall mean the area median income for the County
of Orange ("County") as published annually by the California Department of Housing and
Community Development and determined in accordance with the U.S. Department of Housing
and Urban Development criteria then in effect and published from time to time. For purposes of
this Agreement, the qualifying limits shall be those limits for the County, as set forth in Title 25,
California Code of Regulations, section 6932, as that section may be amended, modified or
recodified from time to time. If the California Code of Regulations is amended or modified
during the term of this Agreement so that such regulations do not specify the area median income
from the County, the City shall negotiate in good faith to determine an equivalent authoritative
source which determines median income for the County.
1.6. "City Council" shall mean the City Council of the City.
1.7. "City Manager" shall mean the City Manager of the City.
1.8. "County" shall mean Orange County.
1.9. 'Development Impact Fees" shall mean and include all fees charged by the
City in connection with the application, processing and approval or issuance of permits for the
development of property, including, without limitation: application fees; permit processing fees;
inspection fees; utility capacity fees; service or connection fees; library/cultural enrichment fees,
traffic impact fees; development impact or major facilities fees; park fees; flood control fees;
environmental impact mitigation fees; and any similar governmental fees, charges and exactions
required for the development of the Project.
1.10. "Development Plan" shall mean the site plan that was approved by the
City as part of CUP 07-043.
1.11. "Discretionary Actions" and "Discretionary Approvals" shall mean those
actions and approvals which require the exercise of judgment, or imposition of a condition or
obligation, by any officer, employee, review board, commission or department of the City.
Discretionary Actions and Discretionary Approvals are distinguished from activities or approvals
which merely require any officer, employee, review board, commission or department of the City
to determine whether or not there has been compliance with applicable statutes, ordinances,
regulations or conditions of approval.
12-3446/84272 -3-
1.12. "Dwelling Unit" shall mean a place in the Project that is legally available
to be rented by a person or family.
_. .. _ 1 13. "Effective Date" shall meanthedateonwhich -the -ordinance.approving
this Agreement has been adopted by the City.
1.14. "Huntington Beach Housing Authority" shall mean the Housing Authority
of the City of Huntington Beach.
1.15. "Moderate Income Household" shall mean persons and families whose
income conforms to the qualifying limits defined by California Health and Safety Code Section
50093(b) and set forth in Title 25, California Code of Regulations, Section 6932, as that section
may be amended, modified or recodified from time to time. Generally, Moderate Income
Household means income that exceeds eighty percent (80%) of the Area Median Income but
does not exceed one hundred twenty percent (120%) of the Area Median Income, adjusted for
family size by the California Department of Housing and Community Development ("HCD") in
accordance with adjustment factors and adopted and amended from time to time by the United
States Department of Housing ("HUD") pursuant to Section 8 of the United States Housing Act
of 1937..
1.16. "Market Rate Rental Dwelling Unit" shall mean those Dwelling Units in
the Project that are not Affordable Dwelling Units nor governed by the Affordable Housing
Agreement
1.17. "Periodic Review" shall have the meaning assigned to such term in
Paragraph 10(a).
1.18. "Planning Commission" shall mean the Planning Commission of the City.
1.19. "Project" shall mean that development contemplated pursuant to the
Development Plan, attached as Exhibit B, approved by Conditional Use Permit No. 07-043.
1.20. "Recession" shall mean an economic recession as determined by the
National Bureau of Economic Research, or any successor organization charged with the duty of
determining the state of the United States economy.
1.21. "Subsequent Rules" shall mean the riles, regulations, ordinances and
official policies of the City, adopted and becoming operative after the Effective Date, including,
but not limited to, the General Plan, the Specific Plan, City zoning ordinances and other
entitlements, development conditions and standards, public works standards, subdivision
regulations, grading requirements, and other provisions related to density, growth management,
environmental considerations, and design criteria. [See also paragraph 3 below]
2. Term of Agreement. This Agreement shall become operative and commence
upon the Effective Date and remain in effect for a term of five (5) years. Except for continuing
obligations regarding affordable housing covenants and requirements, upon the expiration or
termination of the term, this Agreement shall be deemed terminated and have no further force
and effect.
12-3446/84272 -4-
3. Vested Right to Develop the Project. Subject to Paragraphs 3.3 through 3.8,
below, and the Applicable Rules, the City hereby grants to the Property Owner the vested right to
develop the Project on the Property to the extent and in the manner provided in this Agreement
-Subjectto Paragraphs 33-tbrough3.8-� below, any -change in -the- Applicable Rules -adopted or -
becoming effective after the Effective Date (Subsequent Rules) shall not be applicable to or
binding upon the Project or the Property. Subject to Paragraphs 3.3 through 3.8, below, this
Agreement will bind the City to the terms and obligations specified in this Agreement and will
Limit, to the degree specified in this Agreement and under state law, the fixture exercise of the
City's ability to regulate development of the Project.
3.1. No Conflicting Enactments. Subject to Paragraphs 3.3 through 3.8, below,
neither the City Council nor any department of the City shall enact rules, regulations, ordinances
or other measures which relate to the rate, timing, sequencing, density, intensity or configuration
of the development of any part of the Project which is inconsistent or in conflict with this
Agreement during the term of this Development Agreement.
3.2. Initiative Measures. Subject to Paragraphs 3.3 through 3.8, below, the
Property Owner and the City intend that no moratorium or other limitation (whether relating to
the rate, timing or sequence of the development of all or any part of the Project and whether
enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative,
vesting tentative or final), building permits, certificates of occupancy or other entitlements shall
apply to the Proj ect to the extent such moratorium or other limitation is inconsistent or conflicts
with this Agreement.
3.3. Federal or State Laws. Notwithstanding any provision to the contrary
contained herein, the City expressly reserves the right to modify any of the Applicable Rules to
the extent necessary to comply with applicable federal or state laws, codes or regulations which
preempt local jurisdiction including, by way of example, and without limiting the generality of
the foregoing, the California Environmental Quality Act, all building codes, and any safety
regulations, but such modifications shall be made only to the extent required thereunder.
3.4. Emer eg ncy. Notwithstanding any provision to the contrary contained
herein, the City expressly reserves the right to apply to the Project any development moratorium,
limitation on the delivery of City -provided utility services, or other generally applicable
emergency rule, regulation, law or ordinance affecting land use: (1) which is based on genuine
health, safety and general welfare concerns (other than general growth management issues);
(2) which arises out of a documented emergency situation, as declared by the President of the
United States, Governor of California, or the Mayor, City Council or City Manager of the City;
and (3) based upon its terms or its effect as applied, does not apply exclusively, primarily or
disproportionately to the Project or the Property.
3.5. Project Completion. This Agreement and the EIR and associated findings,
are based on the expectation that the Project will be, constructed as follows: up to 346
Market Rate Rental Dwelling Units including seven (7) live/work units, 39 Affordable Dwelling
Units and up to 10,000 square feet of commercial space will be completed for occupancy during
the term of the Agreement.
12-3446/84272 -5-
3.6. Public Health Concerns. Notwithstanding any provision to the contrary
contained herein, the City expressly reserves the right to apply to the Project any generally
applicable role, regulation, law or ordinance which does not affect the land use or development
of the Project and Which is based -on concerns -for the public -health; safety or -general welfare,
including, but not limited to, building codes not otherwise preempted by State law.
3.7. New Engineering_and Construction Standards. Notwithstanding any
provision to the contrary contained herein, the City expressly reserves the right to modify any of
the Applicable Rules if the City adopts new and/or amended regulations governing engineering
and construction and grading standards and specifications including, without limitation, any and
all uniform codes adopted by the City, including local amendments to these codes pursuant to
state law allowing for such amendments; provided that such codes are uniformly applied to all
new development projects of similar type as the Project within the City and provided further that
any such modifications to grading standards can only be imposed prior to grading and any such
modifications to engineering or construction standards can only be applied prior to the initiation
of construction. Such codes include, without limitation, the City's Uniform Housing Code,
Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code.
3.8. Cooperation and indemnification. The City agrees to cooperate with the
Property Owner in all reasonable manners in order to keep this Agreement in full force and
effect. Notwithstanding the preceding sentence, in the event any legal action instituted by a third
party or other government entity or official challenging the validity of this Agreement, the City
and the Property Owner agree to cooperate in defending such action, with the Property Owner to
indemnify the City pursuant to Paragraph 15 of this Agreement. In the event of any litigation
challenging the effectiveness of this Agreement or any portion thereof, this Agreement shall
remain in full force and effect while such litigation, including any appellate review, is pending,
unless a court of competent jurisdiction orders otherwise.
4. Development of the Property.
(a) Permitted Uses. The Property Owner agrees that the Property shall only
be developed in accordance with the Development Plan and any conditions and mitigation
measures imposed on the Proj cot through final approval of the Project, and the provisions of this
Development Agreement. Notwithstanding anything set forth in this Agreement to the contrary,
unless the Property Owner proceeds with development of the Property, the Property Owner is not
obligated by the terms of this Agreement to affirmatively act to develop all or any portion of the
Proj cot, pay any sums of money, dedicate any land, indemnify any party, or to otherwise meet or
perform any obligation with respect to the Proj cot, except and only as a condition of
development of any portion of the Proj cot.
(b) Development Standards. All development and design requirements and
standards applicable to the Project shall conform to the Development Plan and any conditions
and mitigation measures imposed on the Project, the Huntington Beach Municipal Code, and any
Applicable Rules.
12-3446/84272 -6-
(c) Development Impact Fees. In addition to the obligations set forth
elsewhere in this Agreement, the Property Owner shall be responsible for paying when due all
Development Impact Fees in connection with development of the Proj ect at the rates in effect on
the Effective Date. Subject to all applicable laws then in effect the City shall have the right to -
charge and apply to the Property all Development Impact Fees as may be in effect on the
Effective Date.
5. Affordable Housing. It is the intent of the parties that the Affordable Dwelling
Units shall be constructed concurrently with the Market Rate Rental Dwelling Units. The
Proj ect is subject to the requirement of providing a total of 39 Affordable Dwelling Units, all of
which shall be rental units and must remain Affordable Dwelling Units for at least fifty-five (55)
years. The City and the Property Owner agree as a condition precedent to Development that an
Affordable Housing Agreement be executed to memorialize the terms and conditions of the
affordable housing components (Attached Hereto as Exhibit C). The Property Owner will
provide affordable units for rent, which shall be made available to and occupied by Moderate
Income Households. The Property Owner agrees to record said affordability covenant and Deed
of Trust in favor of the City to assure that affordability covenant runs with the land and remains
in effect for the affordability period. The Property Owner agrees to comply with all terms and
provisions of the Affordable Housing Agreement and its attachments and acknowledges that any
default thereunder shall also constitute a default under this Agreement.
It is contemplated that multiple temporary final inspections (to allow for occupancy) will
be sought during the construction. of the Project. When each temporary final inspection (to allow
for occupancy) is sought, approximately ten percent (10%) of the units for which it is sought will
be Affordable Dwelling Units.
6. Extension of Project Approvals. Unless a longer term would result under .
otherwise applicable state law, the term of any permits approved as part of the Project approvals
shall be automatically extended for the term of this Agreement.
7. Subsequent Discretionary Action and Approval. The City agrees not to
unreasonably withhold, condition or delay any Discretionary Action or Discretionary Approval
or other action or approval by the City which may be required by the Project subsequent to the
execution of this Agreement. Upon the filing of a complete application and payment of
appropriate processing fees by the Property Owner, the City shall promptly commence and
diligently schedule and convene all required public hearings in an expeditious manner consistent
with the law and process all Discretionary Actions and Discretionary Approvals in an
expeditious manner.
Compliance Review.
(a) Periodic Review. Pursuant to Government Code section 65865.1, the City
Manager or his or her designee shall, not less than once in -every twelve (12) months, review the
Project and this Agreement to ascertain whether or not the Property Owner is in full compliance
with the terms of the Agreement (the "Periodic Review").
12-3446/84272 -7-
(b) Review Procedure. During a Periodic Review, the Property Owner shall
provide information reasonably requested by the City Manager or his or her designee that the
Proj cot is being developed in good faith compliance with the terms of this Agreement. If, as a
result --of a--Periodie Review, the -city finds and -determines on the basis_of sub stand al..evidenee
that the Property Owner has not complied in good faith with the terms or conditions of this
Agreement, the City shall issue a written "Notice of Non -Compliance" to the Property Owner
specifying the grounds therefore and all facts demonstrating such non-compliance. The Property
Owner's failure to cure the alleged non-compliance within sixty (60) days after receipt of the
notice, or, if such noncompliance is not capable of being cured within sixty (60) days, the
Property Owner's failure to initiate all actions required to cure such non-compliance within sixty
(60) days after receipt of the notice and completion of the cure of such non-compliance within
one hundred twenty (120) days, shall constitute a default under this Agreement on the part of the
Property Owner and shall constitute grounds for the termination of this Agreement by the City as
provided for below. If requested by the Property Owner, the City agrees to provide to the
Property Owner a certificate that the Property Owner is in compliance with the terms of this
Agreement, provided the Property Owner reimburses the City for all reasonable and direct costs
and fees incurred by the City with respect thereto.
(c) Termination or Modification for Non-Com fiance. Pursuant to
Government Code section 65865.1, if the City Council finds and determines, on the basis of
substantial evidence, that the Property Owner has not complied in good faith with the terms or
conditions of this Agreement, the City Council may modify or ten-ninate this Agreement. Any
action by the City with respect to the termination or modification of this Agreement shall comply
with the notice and public hearing requirements of Government Code section 65867 in addition
to any other notice required by law. Additionally, the City shall give the Property Owner written
notice of its intention to terminate or modify this Agreement and shall grant the Property Owner
a reasonable opportunity to be heard on the matter and to oppose such termination or
modification by the City.
9. Modification Amendment Cancellation or Termination.
9.1. Amendment and Cancellation. Pursuant to Government Code
section 65868, this Agreement may be amended or canceled, in whole or in part, by mutual
written consent of the City and the Property Owner or their successors in interest. Public notice
of the parties' intention to amend or cancel any portion of this Agreement shall be given in the
manner provided by Government Code section 65867. Any amendment to the Agreement shall
be subj ect to the provisions of Government Code section 65867.5.
9.2. Modification. The City Planning Director, with the consent of the
Property Owner, may make minor modifications to the Agreement without the need for formal
action by the City's Planning Commission or City Council as long as such modifications do not
alter the Term of this Development Agreement, the permitted uses, density or intensity of uses,
the maximum height or size of buildings, provisions for reservations or Dedication of land,
conditions, terms, restrictions and requirements relating to Subsequent Discretionary Actions and
Approvals, and monetary contributions by the Property Owner.
12-3446/84272 -8-
10. Defaults Notice and Cure Periods Events of Default and Remedies.
10.1. Default By the Property Owner.
10.1.1. Default. If the Property Owner does not perform its
obligations under this Agreement in a timely manner, the City may exercise all rights and
remedies provided in this Agreement, provided the City shall have first given written notice to
the Property Owner as provided in Paragraph 15(a) hereof.
10.1.2. Notice of Default. If the Property Owner does not perform its
obligations under this Agreement in a timely manner, the City through the City Manager may
submit to the Property Owner a written notice of default in the manner prescribed in
Paragraph 15(a) identifying with specificity those obligations of the Property Owner under this
Agreement which have not been timely performed Upon receipt of any such written notice of
default, the Property Owner shall promptly commence to cure the identified default(s) at the.
earliest reasonable time after receipt of any such written notice of default and shall complete the
cure of any such default(s) no later than sixty (60) days after receipt of any such written notice of
default, or if such default(s) is not capable of being cured within sixty (60) days, no later than
one hundred twenty (120) days after receipt of any such written notice of default, provided the
Property Owner commences the cure of any such defaults) within such sixty (60) day period and
thereafter diligently pursues such cure at all times until any such default(s) is cured.
10.1.3. Failure to Cure Default Procedure. If after the cure period
provided in Paragraph 10.1.2 has elapsed, the City Manager finds and determines the Property
Owner, or its successors, transferees and/or assignees, as the case may be, remains in default and
that the City intends to terminate or modify this Agreement, or those transferred or assigned
rights and obligations, as the case may be, the City's Planning and Building Director shall make a
report to the Planning Commission and then set a public hearing before the Planning
Commission in accordance with the notice and hearing requirements of Government Code
sections 65867 and 65868. If after public hearing, the Planning Commission finds and
determines, on the basis of substantial evidence, that the Property Owner, or its successors,
transferees and/or assigns, as the case may be, has not cured a default under this Agreement
pursuant to this Paragraph 10, and that the City shall terminate or modify this Agreement, or
those transferred or assigned rights and obligations, as the case may be, the Property Owner, and
its successors, transferees and/or assigns, shall be entitled to appeal that finding and
determination to the City Council. Such right of appeal shall include, but not be limited to, an
objection to the manner in which the City intends to modify this Agreement if the City intends as
a result of a default of the Property Owner, or one of its successors or assigns, to modify this
Agreement. In the event of a finding and determination that all defaults are cured, there shall be
no appeal by any person or entity. Subject to Paragraph 4(a) above, nothing in this Paragraph 10
or this Agreement shall be construed as modifying or abrogating the City Council's review of
Planning Commission actions or limiting the City' srights and remedies available at law or in
equity, which shall include (without limitation) compelling the specific performance of the
Property Owner's obligations under this Agreement.
12-3446/84272 -9-
10.1.4. Termination or Modification of Agreements. The City may
terminate or modify this Agreement, or those transferred or assigned rights and obligations, as
the case may be, after such final determination of the City Council or, where no appeal is taken,
_ after the expiration. of the -applicable appeal periods described herein. -There. shall be.no.
modifications of this Agreement unless the City Council acts pursuant to Government Code
sections 65967.5 and 65868, irrespective of whether an appeal is taken as provided herein.
10.1.5. Lender Protection Provisions.
10.1.5.1. Notice of Default. In addition to the notice
provisions set forth in Paragraph 15(a)(2), the City shall send a copy of any notice of default sent
to the Property Owner or any of its successors or assigns to any lender that has made a loan then
secured by a deed of trust against the Property, or a portion thereof, provided such lender shall
have (a) delivered to the City written notice in the manner provided in Paragraph 15(a) of such
lender's election to receive a copy of any such written notice of default and (b) provided to the
City a recorded copy of any such deed of trust. Any such lender that makes a loan secured by a
deed of trust against the Property, or a portion thereof, and delivers a written notice to the City
and provides the City with a recorded copy of any such deed of trust in accordance with the
provisions of this Paragraph 10.1.5.1 is herein referred to as a "Qualified Lender."
10.1.5.2. Right of a Qualified Lender to Cure a Default.
The City shall send a written notice of any Property Owner default to each Qualified Lender.
From and after receipt of any such written notice of default, each Qualified Lender shall have the
right to cure any such default within the same cure periods as provided to the Property Owner
hereunder. If the nature of any such default is such that a Qualified Lender cannot reasonably
cure any such default without being the owner of the Property, or the applicable portion thereof,
(as reasonably determined by the City), then so long as the Qualified Lender(s) is (are) diligently
proceeding (as reasonably determined by the City) to foreclose the lien of its deed of trust against
the owner of the Property, or the applicable portion thereof, and after completing any such
foreclosure promptly commences the cure of any such default and thereafter diligently pursues
the cure of such default to completion, then such Qualified Lender shall have an additional one
hundred twenty (120) days following such foreclosure to cure any such default.
10.1.5.3. Exercise of the City's Remedies.
Notwithstanding any other provision of this Agreement, the City shall not exercise any right or
remedy to cancel or amend this Agreement during any cure period.
10.2. Default by the City.
10.2.1. Default. In the event the City does not accept, process or
render a decision in a timely manner on necessary development permits, entitlements, or other
land use or building approvals for use as provided in this Agreement upon compliance with the
requirements therefore, or as otherwise agreed to by the City and the Property Owner, or the City
otherwise defaults under the provisions of this Agreement, subject to Paragraph 10.3, the
Property Owner shall have all rights and remedies provided herein or by applicable law, which
shall include compelling the specific performance of the City's obligations under this Agreement
provided the Property Owner has first complied with the procedures in Paragraph 10.2.2.
12-3446/84272 -10-
10.2.2. Notice of Default. Prior to the exercise of any other right or
remedy arising out of a default by the City under this Agreement, the Property Owner shall first
submit to the City a written notice of default stating with specificity those obligations which
_ ---- have not beenperformed-underthrs-Agreement -Upon-receipt--of the notice of default, the -City
shall promptly commence to cure the identified default(s) at the earliest reasonable time after
receipt of the notice of default and shall complete the cure of such default(s) no later than thirty
(30) days after receipt of the notice of default, or such longer period as is reasonably necessary to
remedy such default(s), provided the City shall continuously and diligently pursue each remedy
at all times until such default(s) is cured. In the case of a dispute as to whether the City is in
default under this Agreement or whether the City has cured the default, or to seek the
enforcement of this Agreement, the City and the Property Owner may submit the matter to
negotiationimediation pursuant to Paragraph 15(o) of this Agreement.
10.3. Monetary Damages. The Property Owner and the City acknowledge that
neither the City nor the Property Owner would have entered into this Agreement if either were
liable for monetary damages under or with respect to this Agreement or the application thereof.
Both the City and the Property Owner agree and recognize that, as a practical matter, it may not
be possible to determine an amount of monetary damages which would adequately compensate
the Property Owner for its investment of time and financial resources in planning to arrive at the
kind, location, intensity of use, and improvements for the Project, nor to calculate the
consideration the City would require to enter into this Agreement to justify such exposure.
Therefore, the City and the Property Owner agree that neither shall be liable for monetary
damages under or with respect to this Agreement or the application thereof and the City and the
Property Owner covenant not to sue for or claim any monetary damages for the breach of any
provision of this agreement. This foregoing waiver shall not be deemed to apply to any fees or
other monetary amounts specifically required to be paid by the Property Owner to the City
pursuant to this Agreement, including, but not limited to, any amounts due pursuant to
Paragraph 15(g) and 15(m). The foregoing waiver shall also not be deemed to apply to any fees
or other monetary amounts specifically required to be paid or credited by the City to the Property
Owner pursuant to this Agreement, including, but not limited to any fee credits specifically
required to be credited by the City to the Property Owner or its assignee(s).
11. Administration of Agreement and Resolution of Disputes. The Property
Owner shall at all times have the right to appeal to the City Council any decision or
determination made by any employee, agent or other representative of the City concerning the
Project or the interpretation and administration of this Agreement. All City Council decisions or
determinations regarding the Project or the administration of this Agreement shall also be subject
to judicial review pursuant to Code of Civil Procedure section 1094.5, provided that, pursuant to
Code of Civil Procedure section 1094.6, any such action must be filed in a court of competent
jurisdiction not later than ninety (90) days after the date on which the City Councirs decision
becomes final. In addition, in the event the Property Owner and the City cannot agree whether a
default on the part of the Property Owner, or any of its successors or assigns, under this
Agreement exists or whether or not any such default has been cured, then the City or the -
Property Owner may submit the matter to negotiation/mediation pursuant to Paragraph 15(o).
12-3446/84272 -11-
12. Recordation of this Agreement. Pursuant to Government Code section 65868.5,
the City Clerk shall record a copy of this Agreement in the Official Records of the County within
ten (10) days after the mutual execution of this Agreement.
13. Constructive Notice and Acceptance. Every person or entity who now or
hereafter owns or acquires any right, title or interest in or to any portion of the Property is, and
shall be, conclusively deemed to have consented and agreed to every provision contained herein,
whether or not any reference to this Agreement is contained in the instrument by which such
person acquired an interest in the Property.
14. No Third Party Beneficiaries. This Agreement is made and entered into for the
sole protection and benefit of the City and the Property Owner and their respective successors
and assigns. No other person or entity shall have any right of action based upon any provision of
this Agreement.
15. Miscellaneous.
(a) Notices. All notices which are allowed or required to be given hereunder
shall be in writing and (1) shall be deemed given and received when personally delivered or
(2) shall be sent by registered or certified mail or overnight mail service, addressed to the
applicable designated person by one party to the other in writing, and shall be deemed received
on the second business day after such mailing.
If to the City:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: City Manager
Tel. No.: (714) 536-5575
Fax No.: (714) 536-5233
If to the Property Owner:
Red Oak Investments
2101 Business Center Drive, Suite 230
Irvine, CA 92612
Attn: Alex Wong
Tel. No.: (714) 342-2502
Fax No.: (949) 733-2005
Archstone Huntington Beach College Park LLC
3 MacArthur Place, 6th Floor
Santa Ana, CA 92707-5902
Attn: Ken Keefe
Tel. No.: (714) 689-7014
Fax No.: (714) 460-8571
12-3446/84272 -12-
Archstone Huntington Beach College Park LLC
c/o Archstone
9200 East Panorama Circle, Suite 400
_-Englewood C0--801-12- _
Attn: Michael Shomo
Tel. No.: (303) 708-6954
FaxNo.: (720) 873-6358
Allen Matkins
Three Embarcadero Center, 12th Floor
San Francisco, California 94111-4074
Attn: Sonia I Ransom
Tel. No.: (415) 837-1515
Fax No.: (415) 837-1516
(b) SeverabilitY• If any part of this Agreement is declared invalid for any
reason, such invalidity shall not affect the validity of the remainder of the Agreement unless the
invalid provision is a material part of the Agreement. The other parts of this Agreement shall
remain in effect as if this Agreement had been executed without the invalid part. In the event
any material provision of this Agreement is determined to be invalid, void or voidable, the City
or the Property Owner may terminate this Agreement.
(c) Entire Agreement; Conflicts. This Agreement represents the entire
agreement between the City and the Property Owner with respect to the subject matter hereof
and supersedes all prior agreements and understandings, whether oral or written, between the
City and the Property Owner with respect to the matters contained in this Agreement. Should
any or all of the provisions of this Agreement be found to be in conflict with any other provision
or provisions found in the Applicable Rules or the Subsequent Applicable Rules, then the
provisions of this Agreement shall govern and prevail.
(d) Further Assurances. The City and the Property Owner agree to perform,
from time to time, such further acts and to execute and deliver such further instruments
reasonably to effect the intents and purposes of this Agreement, provided that the intended
obligations of the City and the Property Owner are not thereby modified.
(e) Inurement and Assignment. This Agreement shall inure to the benefit of
and bind the successors and assigns of the City and the Property Owner, may be assigned by
either the City or the Property Owner to any party or parties purchasing all or any part of the
Property, or any interest therein pursuant to the provisions of this Paragraph 15(e). The specific
rights and obligations of this Agreement shall be deemed covenants canning with the land that
concern and affect the Property Owner's interest in the Property. Prior to the Property Owner's
assignment of any rights, duties or obligations under this Agreement, the Property Owner shall
present such information, required by the City in its commercially reasonable discretion to
demonstrate to the City's satisfaction that the proposed successor and/or assignee has the
financial ability and experience to fulfill those specific rights, duties and obligations under the
Agreement that the successor and/or assignee would assume. The City shall have the right to
approve the proposed successor and/or assignee, provided that the City's approval may not be
12-3446/94272 -13-
unreasonably withheld, conditioned or delayed. The provisions of this Paragraph 15(e) shall be
self-executing and shall not require the execution or recordation of any further document or
instrument. The City's approval rights over a successor or assignee of the Property Owner shall
--terminate-upon issuance of the -final inspection -for -the project:
(f) Negation of ALency. The City and the Property Owner acknowledge that,
in entering into and performing under this Agreement, each is acting as an independent entity
and not as an agent of the other in any respect. Nothing contained herein or in any document
executed in connection herewith shall be construed as making the City and the Property Owner
joint venturers, partners or employer/employee.
(g) Attorney's Fees. In the event of any claim, dispute or controversy arising
out of or relating to this Agreement, including an action for declaratory relief, the prevailing
party in such action or proceeding shall not be entitled to recover its court costs and reasonable
out-of-pocket expenses.
(h) Waiver. No waiver of any provision of this Agreement shall be effective
unless in writing and signed by a duly authorized representative of the party against whom
enforcement of a waiver is sought.
(i) 'Force Maieure. Performance by either party hereunder shall not be
deemed to be in default where delays or defaults are due to one or more of the following events,
providing that any one or more of such event(s) actually delays or interferes with the timely
performance of the matter to which it would apply and despite the exercise of diligence and good
business practices and such event(s) are beyond the reasonable control of the party claiming such
interference: war, terrorism, terrorist acts, insurrection, strikes, lock -outs, unavailability in the
marketplace of essential labor, tools, materials or supplies, failure of any contractor,
subcontractor, or consultant to timely perform (so long as the Property Owner is not otherwise in
default of any obligation under this Agreement and is exercising commercially reasonable
diligence of such contractor, subcontractor or consultant to perform), riots, floods, earthquakes,
fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight
embargoes, lack of transportation, governmental restrictions or priority, a Recession or unusually
severe weather. An extension of time for any such cause (a "Force Majeure Delay") shall be for
the period of the enforced delay and shall commence to ran from the time of the commencement
of the cause, if notice by the party claiming such extension is sent to the other party within thirty
(30) days of actual knowledge of the commencement of the cause. Notwithstanding the
foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until
the party claiming such delay and interference delivers to the other party written notice
describing the event, its cause, when and how such party obtained knowledge, the date and the
event commenced, and the estimated delay resulting therefrom.
U) Paragraph Headings. The paragraph headings contained in this
Agreement are for convenience and identification only and shall not be deemed to limit or define
the contents to which they relate.
12-3446/84272 -14-
(k) Time of Essence. Time is of the essence of this Agreement, and all
performances required hereunder shall be completed within the time periods specified. Any
failure of performance shall be deemed as a material breach of this Agreement.
(1) Counterparts. This Agreement and any modifications hereto may be
executed in any number of counterparts with the same force and effect as if executed in the form
of a single document.
(m) Indemnification. The Property Owner agrees, as a condition of approval
of this Agreement, to indemnify, defend and hold harmless at the Property Owner's expense, the
City, the City Council, and the City's agents, officers and employees from and against any claim,
action or proceeding to attack, review, set aside, void or annul the approval of this Agreement to
determine the reasonableness, legality or validity of any provision hereof or obligation contained
herein. The Property Owner also agrees to indemnify the City, the City Council, and the City's
officials, agents and employees for any claims, acts or proceedings relating to the Property
Owner's failure to comply with the Project's affordable housing requirements.
The indemnity described in this section is not subject to the provisions of paragraph 4.a.
providing that obligations cease if the Project does not go forward, provided, however, thatthe
indemnity described in the first sentence of this section shall terminate when the applicable
statute of limitations for the legal challenges described therein terminates.
The City shall promptly notify the Property Owner of any such claim, action or
proceeding of which the City receives notice, and the City will cooperate fully with the Property
Owner in the defense thereof. The Property Owner shall provide a defense to the City with
counsel reasonably selected by the Property Owner and the City to defend both the City and the
Property Owner, and shall reimburse the City for any court costs which the City may be required
to pay as a result of any such claim, action or proceeding. The City may, in its sole discretion,
participate in the defense of any such claim, action or proceeding at its own expense, but such
participation shall not relieve the Property Owner of the obligations of this Paragraph 15(m).
(n) Hold Harmless Agreement. The City and the Property Owner mutually
agree to, and shall hold each other and each of the other's elective and appointed councils,
boards, commissions, directors, officers, partners, agents, representatives and employees
harmless from any liability for damage or claims for personal injury, including death, and from
claims for property damage which may arise from the activities of the other or the other's
contractors, subcontractors, agents, or employees which relate to the Project whether such
activities be by the City or the Property Owner, or by any of the City's or the Property Owner's
contractors, subcontractors, or by any one or more persons indirectly employed by, or acting as
agent for the Property Owner, any of the Property Owner's or the City's contractors or
subcontractors. The City and the Property Owner agree to and shall defend the other and each of
the other's elective and appointive councils, boards, directors, commissioners, officers, partners;
agents, representatives and employees from any suits or actions at law or in equity for damage
caused or alleged to have been caused by reason of the aforementioned activities which relate to
the Project.
12-3446/84272 -15-
(o) Alternative Dispute Resolution Procedure.
(1) Di, spute. if a dispute arises concerning whether the City or the
- Property Owner--or-any. of -the Property Owner's successors or assigns is -in -default -under this_
Agreement or whether any such default has been cured or whether or not a dispute is subject to
this Paragraph (a "Dispute"), then such dispute shall be subject to negotiation between the parties
to this Agreement, and if then not resolved shall be subject to non -binding mediation, both as set
forth below, before either party may institute legal proceedings.
(2) Negotiation. If a Dispute arises, the parties agree to negotiate in
good faith to resolve the Dispute. If the negotiations do not resolve the Dispute to the reasonable
satisfaction of the parties within 15 days from a written request for a negotiation, then each parry
shall give notice to the other party identifying an official or executive officer who has authority
to resolve the Dispute to meet in person with the other party's designated official or executive
officer who is similarly authorized. The designated persons identified by each party shall meet
in person for one day within the 20-day period following the expiration of the 15-day period and
the designated persons shall attempt in good faith to resolve the Dispute. If the designated
persons are unable to resolve the Dispute, then the Dispute shall be submitted to non -binding
mediation.
(3) Mediation.
(i) Within 15 days following the designated persons' meeting
described in paragraph 15 (o)(2), above, either party may initiate non -binding mediation (the
"Mediation"), conducted by Judicial Arbitration & Mediation Services, Inc. ("JAMS") or other
agreed upon mediator. Either party may initiate the Mediation by written notice to the other
partY-
(ii) The mediator shall be a retired judge or other mediator,
selected by mutual agreement of the parties, and if they cannot agree within 15 days after the
Mediation notice, the mediator shall be selected through the procedures regularly followed by
JAMS. The Mediation shall be held within 15 days after the Mediator is selected, or a longer
period as the parties and the mediator mutually decide.
(iii) If the Dispute is not fully resolved by mutual agreement of
the parties within 15 days after completion of the Mediation, then either party may institute legal
proceedings.
(iv) The parties shall bear equally the cost of the mediator's fees
and expenses, but each party shall pay its own attorneys' and expert witness fees and any other
associated costs.
(4) Preservation of Rights. Nothing in this Paragraph shall limit a
party's right to seek an injunction or restraining order from a court in circumstances where such
equitable relief is deemed necessary by a party to preserve such party's rights.
(p) Reference of California Law. Unless expressly stated to the contrary, all
references to statutes herein are to the California codes.
12-3446/84272 -16-
(q) Interpretation. The language in all parts of this Agreement shall in all
cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for
or against any party. The parties hereto acknowledge and agree that this Agreement has been
prepared jointly by -the parties and has-been the subject -of ann's lengthandcareful negotiation -
over a considerable period of time, that each party has independently reviewed this Agreement
with legal counsel, and that each party has the requisite experience and sophistication to
understand, interpret and agree to the particular language of the provisions hereof. Accordingly,
in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this
Agreement shall not be interpreted or construed against the party preparing it, and instead other
rules of interpretation and construction shall be utilized.
IN WITNESS WHEREOF, the City and the Property Owner have each executed this
Agreement as of the date first written above.
ARCHSTONE HUNTINGTON BEACH
COLLEGE PARK LLC, a Colorado
limited liability company
By:
6411116- H. ?_ PEZDAU&P,
print name
.ITS: (circle one) Chairman/Presiden ice President
AND
B �
print name
ITS:
Asst. Secretaryeeser
CITY OF HUNTINGTON BEACH,
APPROVED AS TO FORM:
ti
CityAttfr1�_ q-y-i�-
Thomas S. Reif INITIATE APPROVED:
Assistant Secretary
Director of Planning and Building
REVIEWS APPROVED
City Manager
12-3446/84272 -17-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State -of California- ... _ ..
County of no-r`y
OnS�pkr be_r 1ol jai2— before me, -K& i 4 ntoLr\
Date Here Insert Name and Title of the Officer
personally appeared
KALI GOGLANIAN
Commission # 1924860
Notary Public - California
Z `Y ' • orange County
My Camm. Expires Mar 9, 20t5
Place Notary Seal Above
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 h d and official ea[.
Sign co
SlgrttvA of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: & Y v r n FE EaoewaLAP�
❑ Individual
❑ Corporate Officer —Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
v Number of Pages: Cog,
Signer's Name:
❑ Individual
❑ Corporate Officer—Titie(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMHPRINT
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ACKNOWLEDGEMENT
-STATE OF COLORADO _ .
COUNTY OF ARAPAHOE
On this / day of �i � in the years , before me,
personally
appeared MMas S '6? i�'
personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity,
and that his signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
P���
N ary Public
•;n
� GARANNA o a
My commission expires DS D a o / s •, QQo \
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Seal
ACKNOWLEDGMENT
_-STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
On October 16, 2012, before me, P. L. Esparza, Notary Public, personally
appeared Joan L. Flynn and Donald F. Hansen, Jr. who proved to me on the
basis of satisfactory evidence to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the persons, or
the entity upon behalf of which the persons 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.
ki(NogtarySig4tia
P. L. ESPARZA
_ Commission # 1857021
- `d Notary Public - California z
_ '
Orange County D
My Comm. Expires Aug 4, 2013
(seal)
10,140116
LEGAL -DESCRIPTION
PARCEL 1, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 211, PAGES 25 AND 26 OF
PARCEL MAPS, RECORDS OF ORANGE., COUNTY, CALIFORNIA.
EXCEPTING THEREFROM A PORTION THEREOF 50% OF A 100% OF ALL MINERALS,
GAS, OIL,- PETROLEUM, NAPHTHA AND OTHER HYDROCARBON SURSTANCF.S 1N,
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 SUCH 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 HEREOF, ONLY BELOW SUCK 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 DEPTFI OF 500 FEET BELOW THE SURFACE, AS RESERVED BY DORO'll-lY
THAYER PECK, IN DEED RECORDED OCTOBER 1, 1959, IN BOOK 4907, PAGE 389 OF
OFFICIAL RECORDS, CHARLES H. THATCHER AND TITLE INSURANCE AND TRUST
COMPANY, A CALIFORNIA CORPORATION, ALL AS TRUSTEES 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.
ALSO EXCEPTING FROM THAT PORTION THEREOF LYING BELOW A DEPTH OF 500
FEET MEASURED VERTICALLY_ FROM THE CONTOUR OF THE SURFACE WITHOUT,
HOWEVER, THE RIGHT OF ANY PURPOSE WHATSOEVER TO ENTER UPON, INTO
OR THROUGH TIC. SURFACE OF SAID PROPERTY OR ANY PART THEREOF LYING
BETWEEN SAID SURFACE OF 500 FEET BELOW SAID SURFACE, AS EXCEPTED IN
THE GRANT DEED FROM SOUTHERN PACIFIC TRANSPORTATION COMPANY
RECORDED DUNE 30,1986 AS INSTRUMENT NO, 86-277355 OF OFFICIAL RECORDS.
EXHI B.IT
This Document ws electronically recorded by
City of anfngton Beach
Recorded in Official Records, Orange County
RECORDING REQUESTED BY Tom Daly, Clerk -Recorder
AND UNRECORDED MAIL T0: IIIIlIfIIIIIIII�IIIIIIIIIIlIIIIII��IU><IIIII�I�II[I1111IlI��0 FEE
-- City of Huntington Beach__ ___ _ -__- -_ _ __ _--------.---2012[YO1963265010 29am 10/17112
2000 Main Street 65 404 Al2 13
Huntington Beach, California 92648 0.00 0.00 0.00 0.00 36.00 0.00 0.00 0.00
Attention: City Clerk
(Space Above For Recorder's Use)
AFFORDABLE HOUSING AGREEMENT RESTRICTIONS --RENTAL
(DECLARATION OF CONDITIONS, COVENANTS
AND RESTRICTIONS FOR PROPERTY)
This Affordable Housing Agreement and Declaration of Conditions, Covenants and
Restrictions for Property (the "Declaration") is made as of
2012, by and between ARCHSTONE HUNTINGTON BEACH COLLEGE PARK LLC, a
Colorado limited liability company (the "Property Owner" or "Covenantor") and THE
HOUSING AUTHORITY OF THE CITY OF HUNTINGTON BEACH, a California municipal
corporation (the "Housing Authority" or "Covenantee").
RECITALS:
A. Property Owner is the owner of record of -that certain real property located at
7302-7400 Center Avenue (the "Subject Property"), in the City of Huntington Beach, County of
Orange, State of California legally described in the attached "Exhibit A."
B. The Property Owner seeks to develop aproject on the Property consisting of 384
dwelling units, and approximately 7,000 square feet of resident recreation area, lobby and leasing
office area. The project also includes approximately 10,000 square feet of commerciallretail
uses, as more particularly set forth in the Development Plan (collectively, the "Project")
approved by Conditional Use Permit ("CUP") 07-043, attached as Exhibit B and incorporated
herein, all in accordance with the General Plan, as it may be amended from time to time (the
"General Plan") adopted by the City Council of the City (the "City Council"), the Zoning Code
and CUP 07-043.
C. The City imposed conditions of approval on the Proj ect, in part that the Property
Owner provide affordable housing. As part of the plan to provide affordable housing, the City
and the Property Owner entered into a Development Agreement which requires as a condition
that an .Affordable Housing Agreement be executed requiring the Property Owner to provide
affordable rental units for a certain period of time. Specifically, the Property Owner is required
to/has agreed to provide 39 units within the Project available for rent to households earning
Moderate -Income (as that term is defined in the Development Agreement) for a period of 55
Thle document is solely for the offids!
hoingm of the City of Huntington
Beach, as contemplated under
Goywrw ent Cade Sac 6103 and
12-3446/84271 zhWld b 9, m=ded [me of GtWW.
years as further defined herein. The execution and recordation of this Declaration is intended to
fully satisfy that condition.
--XOW,-THEREFORE-,-the-pardeshereto-agree and covenant as follows:
1. Affordability Covenants, Covenantor agrees for itself and its successors and
assigns, and every successor to Covenantor's interest in the affordable unit, or any part thereof
that the Project approved by CUP 07-043 located at 7302-7400 Center Avenue, which consists of
384 units, 39 of which shall be designated as affordable and shall be held subject to this
Declaration for fifty-five years from the date final inspection has been approved by the City as
follows:
(a) Qualified Households. Covenantor agrees to make available, restrict
occupancy to, and to lease 39 units fox the duration of the Affordability Period as defined herein.
These 39 units may sometimes be referred to as an "Affordable Unit" or, collectively, the
"Affordable Units." Each Affordable Unit shall be occupied by Moderate -Income Households
as that term is defined in the Development Agreement adjusted for the actual number of persons
in the Household that will reside in the Affordable Unit.
As used in this Declaration, the term "Household" shall mean one or more persons,
whether or not related, living together in an Affordable Unit that rent or lease any portion of the
Affordable Unit.
As used in this Declaration, the term "Covenantor" shall mean the Property Owner, its
successors and assigns, and every successor to the Property Owner's interest in the Project, or
any part thereof.
(b) Duration. The term of this agreement shall commence on the date that
the Final Inspection for the twentieth affordable unit is approved by the City and will continue
for 55 years thereafter ("Affordability Period"). The covenant contained in this Section 1 shall
run with the Project and shall automatically terminate and be of no further force or effect upon
the expiration of the Affordability Period.
(c) Income Qualification. Prior to the lease of an Affordable Unit to any
Household, Covenantor shall submit to the Covenantee a completed income computation and
certification form, in such form as is generally used by City in administering its affordable
housing program as may be amended from time to time. Covenantor shall certify that, to the best
of its knowledge, each Household is a Moderate -Income Household that meets the eligibility
requirements established for the particular Affordable Unit occupied by such Household.
Covenantor shall obtain an income certification from each adult member of the Household and
shall certify that, to the best of Covenantor's knowledge, the income of the Household is
truthfully set forth in the income certification form. Furthermore the Covenantor shall, on
renewal of the annualleasefor the particular Affordable Unit, again obtain income certification
from each adult member of the Household and submit to the Covenantee a recertification form
that shall certify, to the best of Covenantor's knowledge, each Household is a Moderate -Income
Household that meets the eligibility requirements established for the particular Affordable Unit
12-3446/84271 -2-
occupied by such Household. Covenantor shall verify the income certification of the Household
in one or more of the following methods:
1--Gbtaintwo 2._ a check -stubs -from two 2 most-xecent a
periods for each adult member of the Household.
(2) Obtain a copy of an income tax return certified to be true and
complete for the most recent tax year in which a return was filed, for each adult member of the
Household.
(3) Obtain an income verification certification from the employer of
each adult member of the Household.
(4) Obtain an income verification certification from the Social
Security Administration and/or the California Department of Social Services if the Household
receives assistance from such agencies.
(5) Obtain an alternate form of income verification reasonably
requested by Covenantee, if none of the above forms of verification is available to Covenanter.
If, at the time of the annual lease renewal of an Affordable Unit to an eligible Household,
the Covenantor learns that Household's income increases above the income level permitted for
that unit, the Household shall continue to be permitted to reside in such Affordable Unit, for no
more than one year. Notwithstanding the foregoing, Covenantor, at the. City's discretion, shall
have the option, in its commercially reasonable discretion, to designate another dwelling unit as
an Affordable Unit during that one year period so that the Household may continue to occupy a
unit in the Project if the Household and the Covenantor so agree.
(d) Determination of Affordable Rent for the Affordable Units. The rent
for each Affordable Unit (the "Affordable Rent") shall be adjusted annually by the following
formula established by California Health and Safety Code Section 50053 upon the publication of
the revised Area Median Income. This methodology sets the moderate income rent at 1/12 of
thirty percent (30%) of one -hundred ten percent (110%) of the Area Median Income adjusted for
family size appropriate to the unit. As used herein, for the purpose of calculating the Affordable
rent, "adjusted for family size appropriate to the unit" shall mean a household of one person in
the case of a studio Affordable Dwelling Unit, two persons in the case of a one -bedroom
Affordable Dwelling Unit, and a household of three persons in the case of a two -bedroom
Affordable Dwelling Unit. The income limits and Affordable Rents in effect as of the date of
this Agreement are attached hereto as Exhibit "C" and incorporated herein by this reference.
COVENANTOR UNDERSTANDS AND KNOWINGLY
AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO
BE ESTABLISHED BY THIS FORMULA ARE NOT
NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR
THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED
AT A LEVEL SUBSTANTIALLY BELOW THE FAIR
MARKET RENT LEVELS.
12-3446/84271 -3-
COVENANTOR HEREBY AGREES TO RESTRICT THE
_ABLE UNITS ACCORDINGLY.
CQVENAA'TOWS NG ALS
in the event state law referenced herein is amended, the term 'of this Agreement shall
automatically be amended to remain consistent with State law.
(e) Annual Reoort. Within sixty (60) days after the end of each calendar
year during the Affordability Period, Covenantor shall submit to Covenantee a report verifying
Covenantors compliance with the provisions of this Declaration ("Annual Report').
Covenantoes fmd.Annual Report shall be submitted to Covenantee within sixty (60) days after
the end of the Affordability Period: Each Annual Report shall identify the location of the
Affordable Units for the applicable reporting period, the identity of each Household member
occupying an Affordable Unit during any portion of such period, the income and household size
of each such Household, the Affordable Rent for each of the Affordable Units, and the rent
actually charged pursuant to the lease or rental agreement. if Covenantee prescribes a particular
farm to be utilized by Covenantor in preparing the Annual Report, Covenantor shall utilize said
form, provided that it complies substantially with the foregoing requirements.
2. lionrpberimination Covenants. Covenantor covenants by and for itself, its
successors and assigns, and all persons claiming under or through them that there shall be'no
discrimination against or segregation of any person or group of persons on account of race, color,
religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital
status, handicap or disability, in the use, occupancy, tenure, or enjoyment of the Affordable Unit,,
nor shall Covenantor itself or any person claiming under or through it, establish or permit any
such practice or practices. of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, subtenants, or vendees in the Affordable Unit.
Covenantor and its successors and assigns shall refrain from restricting the leasing of the
Affordable Unit on the basis of race, color, religion, sex, sexual orientation, creed, ancestry,
national or ethnic origin, age, family or marital status, handicap or disability, of any person. All
such leases shall contain or be subject to substantially the following nondiscrimination or
nonsegregation clause:
"The lessee herein covenants by and for himself or herself, his or her heirs, executors,
administrators, and assigns, and all persons claiming under or through him or her, and this lease
is made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation of any
person or group of persons, on account of race, color, religion, sex,
sexual orientation, creed, ancestry, national or ethnic origin, age,
family or marital status, handicap or disability in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of
the premises herein leased nor shall the lessee himself or herself, or
any person claiming under or through him or her, establish or
permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use,
12-3446194271 4-
or occupancy of tenants, lessees, sublessees, subtenants, or vendees
in the premises herein leased."
Use Restrictions: DuringlheF Affordability Period, Covenantor shall be required -
to take all reasonable steps necessary to ensure that each Household renting an Affordable Unit
has knowledge of all terms and conditions of this Declaration by including in each and every
lease and rental agreement a clause which incorporates this Declaration by reference and makes
this Declaration a part of an attachment to such lease or rental agreement. In addition, during the
Affordability Period, each lease or rental agreement for any of the Affordable Units shall contain
provisions that the Affordable Unit shall be occupied, used, and maintained as follows:
(a) The Affordable Unit shall be used only for private dwelling purposes, with
appurtenant facilities, and for no other purposes; provided, however, that home occupation
businesses conducted in compliance with the City's Municipal Code and other City regulations
shall be considered an appropriate use for private dwelling purposes;
(b) Household Size. The maximum number of persons that may occupy an
Affordable Unit shall be based on unit size:
Unit Size
Household Size
0 bedroom (studio)
2 persons
1 bedroom
3 persons
2 bedrooms
5 persons
(c) the Household shall not permit or suffer anything to be done or kept upon
the premises which will increase the rate of insurance on any building, or on the contents thereof,
and shall not impair the structural integrity thereof obstruct or interfere with the rights of other
occupants, or annoy such occupants by unreasonable noises or otherwise, nor shall any
Household commit or permit any nuisance on the premises or fail to keep the premises free of
rubbish, clippings, and trash or commit or suffer any illegal act to be committed thereon;
(d) The Household shall not sublease any or all parts of the Affordable Unit
without prior written approval from Covenantor and Covenantee;
(e) The Household shall comply with all of the lawful requirements of all
governmental authorities with respect to the premises;
(f) No person shall be permitted to occupy the premises for transient or hotel
purposes; and
(g) The Household shall comply in all respects with this Declaration and any
failure by the Household to comply with the terms of this Declaration shall be a default under the
Household's lease or rental agreement.
12-3446/84271 -5-
4. Covenants for Benefit of Housing Authority. All covenants without regard to
technical classification or designation shall be binding for the benefit of the Covenantee and such
covenants shall ran in favor of Covenantee for the entire period during which time such
covenants shall be in force and effect: The Covenantees in the event ofanybreach ofany -such
- - -
covenants, shall have the right to exercise all the rights and remedies and to maintain any such
action at law or suits in equity or other proper legal proceedings to enforce and to cure such
breach to which it or any other beneficiaries of these covenants may be entitled during the term
.specified for such covenants, except the covenants against discrimination which may be enforced
at law or in equity at any time in perpetuity.
5. Binding on Successors and Assigns. The covenants and agreements established
in this Declaration shall, without regard to technical classification and designation, be binding on
Covenantor and any successor to Covenantor's right, title, and interest in and to all or any
portion of the Project, for the benefit of and in favor of the Housing Authority of the City of
Huntington Beach. All the covenants contained in this Declaration shall remain in effect for the
Affordability Period, and shall automatically terminate and be of no further force or effect after
such time. Upon expiration of the Affordability Period, Covenantee agrees to cooperate with
Covenantor, at no cost to Covenantee in removing this Declaration of record from the Subject
Property.
6. Counterparts. This Agreement may be executed in a number of counterparts,
each of which shall be an original, but all of which shall constitute one and the same document.
7. Notices. All notices which are allowed or required to be given hereunder shall be
in writing and (1) shall be deemed given and received when personally delivered or (2) shall be
sent by registered or certified mail or overnight mail service, addressed to the applicable
designated person by one party to the other in writing, and shall be deemed received on the
second business day after such mailing.
If to the Housing Authority:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attu: City Manager
Tel. No.: (714) 536-5575
Fax No.: (714) 536-5233
If to the Property Owner:
Red Oak Investments
2101 Business Center Drive, Suite 230
Irvine, CA 92612
Attn: Alex Wong
Tel. No.: (714) 342-2502
Fax No.: (949) 733-2005
12-3446/84271 -6-
Archstone Huntington Beach College Park LLC
3 MacArthur Place, 6th Floor
Santa Ana, CA 92707-5902
Attri Ken Keefe _ .....
Tel. No.: (714) 689-7014
Fax No.: (714) 460-8571
Archstone Huntington Beach College Park LLC
c/o Arcbstone
9200 East Panorama Circle, Suite 400 .
Englewood, CO 80112
Attn: Michael Shomo
Tel. No.: (303) 708-6954
FaxNo.: (720) 873-6358
Allen Matkins
Three Embarcadero Center, 12th Floor
San Francisco, California 94111-4074
Attn: Sonia J. Ransom
Tel. No.: (415) 837-1515
Fax No.: (415) 837-1516
S. Applicable Law.
(a) If any provision of this Agreement or portion thereof, or the application of
any provision to any person or circumstances, shall to any extent be held invalid, inoperative, or
unenforceable, the remainder of this Agreement, or the application of such provision or portion
thereof to any other persons or circumstances, shall not be affected thereby and it shall not be
deeded that any such invalid provision affects the consideration for this Agreement; and each
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(b) This Agreement shall be construed in accordance with the laws of the
State of California and all applicable HUD Housing Quality Standards and City Codes.
[Signatures and Jurats to Follow]
12-3446/84271 -7-
IN WITNESS WHEREOF, the Covenantee and Covenantor have caused this instrument
to be executed on their behalf by their respective officers hereunto duty authorized as of the date
set forth above.
PROPERTY OWNER:
ARCHSTONE HUNTINGTON BEACH
COLLEGE PARK LLC, a Colorado
limited liability company
By: ----
print name
ITS: (circle one) chairman/Presiden ice President
By. �pr� Znam=e
ITS: ell
Asst. Secretary --TxcaMTcr
COVENANTEE:
THE HOUSING AUTHORITY OF THE
CITY OF HUNTINGTON BEACH,
a California municipal corporption
irperson
City Vrk/ Housing Authority
Clerk
APPROVED AS TO FORM:
City A o y / Housing uthority Counsel
7rw9-C- Q
INITIAT,ED AND APPROVED:
Thomas S. Reif
Assistant Secret?r
D ecto MI'gz and Building
REVIE D AND APPROVED
City Manager/Executive Officer
12-3446/84271 -8-
ACKNOWLEDGMENT
State of California )
County of Oranac.- )
On �'g �r,nbed 10+?� t 2 , before me, Kn li Gc�Qs Otho , 1J6 iLlYu. b i L
(insert name of notary)
Notary Public, personally appeared ��r rt- hlla I+ Er�ld� uer
who proved to me on the basis of satisfactory evidence to be the personW-whose name(a)-is/ar--
subscribed to the within instrument and acknowledged to me thatk/"she/they"executed the same
in 1> r/thailra—uthorized capacity(i� ,aid that by hjgaerftignature(e)-on the instrument
the person(s}, or the entity upon behalf of which the person(z}- cted, 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. KAU GOGLANIAN
Commission # 1924860 9
"-e: Notary Public - California
? Orange County
` My Comm. Ex Wres Mar 9, 2015
Signa
o JA
ACKNOWLEDGMENT
ro%rzzh
State of C )
County of r2�6e )
l
On Se��e�r, eir /��0%Z ,before rne, �� �91��/JCL
�- (insert name of notary)
Notary Public, personally 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.
y� 30AN
M' (Seal)
�;� CARANNA�o° A
"', 2
12-3446/84271 -9
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On October 16, 2012, before me, P. L. Esparza, Notary Public, personally
appeared Joan L. Flynn and Donald F. Hansen, Jr. who proved to me on the
basis of satisfactory evidence to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the persons, or
the entity upon behalf of which the persons 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.
P. L. ESPAftZA
WITNESS my hand and official seal. 50 Commission # 1857021
i ;was Notary Public - California z
Z Orange County
My Comm. Ex Tres Aug 4, 2013
i (Seal)
(Notary Sign e)
EXHIBIT A
PARCEL 1, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 211, PAGES 25 AND 26 OF
PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM A PORTION THEREOF 50% OF A 100% OF ALL MINERALS,
GAS, OIL, PETROLEUM, NAPHTHA AND OTHER HYDROCARBON SURSTANCP.S 1N,
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 SUCH EXCEPTION AND RESERVATION, FOR THE BENEFIT OF
THOSE ENTI'I`LED THERETO, THE RIGHT AT ANY AND ALL TIMES TO ENTER UPON
AND INTO ANY AND ALL PARTS OF THE PORTION OF SAID LAND BELOW SUCII
DEPTH OF 500 FEET FROM ITS SURFACE FOR THE PURPOSE OF EXPLORING AND
DRILLING FOR, MINING, DEVELOPING, REMOVING AND EXTRACTING ANY AND
ALL SUCII SUBSTANCES BY SLANT OR DIRECTIONAL DRILLING OR OTHER
OPERATIONS FROM OTHER LAND, ENTERING INTO AND PENETRATING THE LAND
THE SUBJECT HEREOF, ONLY BELOW SUCII DEPTH OF 500 FEET FROM ITS
SURFACE BUT WITH (AND THERE SHALL BE) NO RIGHT UNDER SUCII 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 DOxcyll-TY
THAYER PECK, IN DEED RECORDED OCTOBER 1, 1959, IN BOOK 4907, PAGE 389 OF
OFFICIAL RECORDS, CHART ES H. T14ATCIER AND TITLE INSURANCE AND TRUST
COMPANY, A CALIFORNIA CORPORATION, ALL AS TRUSTEES OF THE 'TRUST
UNDER WRITTEN DECL.kRATION 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.
ALSO EXCEPTING FROM THAT PORTION THEREOF LYING BELOW A DEPTH OF 500
FEET MEASURED VERTICALLY FROM THE CONTOUR OF THE SURFACE WITHOUT,
HOWEVER, THE RIGHT OF ANY PURPOSE WHATSOEVER TO ENTER UPON, INTO
OR THROUGH THE SURFACE OF SAID PROPERTY OR ANY PART THEREOF LYING
BETWEEN SAID SURFACE OF 500 FEET BELOW SAID SURFACE, AS EXCEPTED IN
THE GRANT DEED FROM SOUTHERN PACIFIC TRANSPORTATION COMPANY
RECORDED JUKE 30,1986 AS INSTRUMENT NO.86-277355 OF OFFICIAL RECORDS.
MGMIT B
SITE PLAN
EXHIBIT C
2012 QUALIFYING INCOME AND RENT SCHEDULE
THE LOFTS APARTMENT PROJECT
HUNTINGTON BEACH, CALIFORNIA
I. 2012 Orange County Income Information
Household Size
HCD Median HUD Median
1 Person
$59,700
2 Persons
68,250
3 Persons
76,750
4 Persons
85,300 85,300
5 Persons
92,100
Household Income Limits as Defined bV the California Health & Safety Code
Moderate Income
(Section 50093)
1 Person
$53,950 - $71,650
2 Persons
61,650 - 81,900
3 Persons
69,350 - 92,100
4 Persons
77,050 - 102,350
5 Persons
83,250 - 110,550
California Health & Safety Code Section 50053 Affordable Housing Cost Calculations
Moderate Income
Studio
1-Bdrm
2-Bdrm
Benchmark Household Size
1
2
3
% of HCD Median Income
110%
110%
110%
Household Income for Rent Calculation
$65,670
$75,075
$84,425
% of Income Allotted to Gross Rent
301/16
30%
30%
Allowable Gross Rent
$1,642
$1,877
$2,111
(Less) Utilities Allowance
28
39
47
Allowable Net Rent
$1,614
$1,838
$2,054
Based on utilities published by OCHA 10/1/2011. Includes Gas: Cooking, Heating, Water Heater. Electric: Basic,
Prepared by: Keyser Marston Associates, Inc.
File name: Lofts_Exh B_8_31_12; Inc —Rent
Ord. No. 3962
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Cleric 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 ordinance was read to said City Council at a Regular
meeting thereof held on October 15, 2012, and was again read to said City Council at a
Regular meeting thereof held on November 5, 2012, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
I, Joan L. Flynn, CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council, do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 15, 2012.
In accordance with the City Charter of said City
Joan L. Fl M City Clerk
Senior Deputy City Clerk
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
EXHIBIT B
AFFORDABLE HOUSING AGREEMENT
-4-
LIBD/2621109.2
This Document ms electronically recorded by
City of antington Beach
Recorded in Official Records, Orange County
RECORDING REQUESTED BY Tom Daly, clerk -Recorder
AND WHEN RECORDED MAIL TO:
fll11111111111�lIIIIIIIIIIlIIIIIII�lI�Illlfll� 1111f111111Q�o FEE
.City of Huntington Beach 2012000632650 10:29am 1(1/17/12
2000 Main Street 65 404 A1213
Huntington Beach, California 92648 0.00 0.00 0.00 0.00 36.00 0.00 0.00 0.00
Attention: City Clerk
(Space Above For Recorder's Use)
AFFORDABLE HOUSING AGREEMENT RESTRICTIONS —RENTAL
(DECLARATION OF CONDITIONS, COVENANTS
AND RESTRICTIONS FOR PROPERTY)
This Affordable Housing Agreement and Declaration of Conditions, Covenants and
Restrictions for Property (the "Declaration") is made as of /�5— ,
2012, by and between ARCHSTONE HUNTINGTON BEACH COLLEGE PARK LLC, a
Colorado limited liability company (the "Property Owner" or "Covenantor") and THE
HOUSING AUTHORITY OF THE CITY OF HUNTINGTON BEACH, a California municipal
corporation (the "Housing Authority" or "Covenantee").
RECITALS:
A. Property Owner is the owner of record of that certain real property located at
7302-7400 Center Avenue (the "Subject Property"), in the City of Huntington Beach, County of
Orange, State of California legally described in the attached "Exhibit A."
B. The Property Owner seeks to develop a project on the Property consisting of 384
dwelling units, and approximately 7,000 square feet of resident recreation area, lobby and leasing
office area. The project also includes approximately 10,000 square feet of commercial/retail
uses, as more particularly set forth in the Development Plan (collectively, the "Project")
approved by Conditional Use Permit ("CUP") 07-043, attached as Exhibit B and incorporated
herein, all in accordance with the General Plan, as it may be amended from time to time (the
"General Plan") adopted by the City Council of the City (the "City CounciP% the Zoning Code
and CUP 07-043.
C. The City imposed conditions of approval on the Proj ect, in part that the Property
Owner provide affordable housing. As part of the plan to provide affordable housing, the City
and the Property Owner entered into a Development Agreement which requires as a condition
that an Affordable Housing Agreement be executed requiring the Property Owner to provide
affordable rental units for a certain period of time. Specifically, the Property Owner is required
to/has agreed to provide 39 units within the Proj ect available for rent to households earning
Moderate -Income (as that term is defined in the Development Agreement) for a period of 55
This docun ant IS solely for the Wdel
halnew of the City of Huntington
Boaeh, as contemplated under
Goversummnt Coda Sec. W3 and
12-3446/84271 chwld y@ recorded free of charge.
years as further defined herein. The execution and recordation of this Declaration is intended to
fully satisfy that condition.
NOW, THEREFORE -the parties hereto agree and covenant as follows:
1. Affordability Covenants. Covenantor agrees for itself and its successors and
assigns, and every successor to Covenantor's interest in the affordable unit, or any part thereof
that the Project approved by CUP 07-043 located at 7302-7400 Center Avenue, which consists of
384 units, 39 of which shall be designated as affordable and shall be held subject to this
Declaration for fifty-five years from the date final inspection has been approved by the City as
follows:
(a) Qualified Households. Covenantor agrees to make available, restrict
occupancy to, and to lease 39 units for the duration of the Affordability Period as defined herein.
These 39 units may sometimes be referred to as an "Affordable Unit" or, collectively, the
"Affordable Units." Each Affordable Unit shall be occupied by Moderate -Income Households
as that term is defined in the Development Agreement adjusted for the actual number of persons
in the Household that will reside in the Affordable Unit.
As used in this Declaration, the term "Household" shall mean one or more persons,
whether or not related, living together in an Affordable Unit that rent or lease any portion of the
Affordable Unit.
As used in this Declaration, the term "Covenantor" shall mean the Property Owner, its
successors and assigns, and every successor to the Property Owner's interest in the Project, or
any part thereof
(b) Duration. The term of this agreement shall commence on the date that.
the Final Inspection for the twentieth affordable unit is approved by the City and will continue
for 55 years thereafter ("Affordability Period"). The covenant contained in this Section 1 shall
run with the Project and shall automatically terminate and be of no further force or effect upon
the expiration of the Affordability Period.
(c) Income Qualification. Prior to the lease of an Affordable Unit to any
Household, Covenantor shall submit to the Covenantee a completed income computation and
certification form, in such form as is generally used by City in administering its affordable
housing program as may be amended from time to time. Covenantor shall certify that, to the best
of its knowledge, each Household is a Moderate -Income Household that meets the eligibility
requirements established for the particular Affordable Unit occupied by such Household.
Covenantor shall obtain an income certification from each adult member of the Household and
shall certify that, to the best of Covenantor's knowledge, the income of the Household is
truthfully set forth in the income certification form. Furthermore the Covenantor shall, on
renewal of the annual lease for the particular Affordable Unit, again obtain income certification
from each adult member of the Household and submit to the Covenantee a recertification form
that shall certify, to the best of Covenantor's knowledge, each Household is a Moderate -Income
Household that meets the eligibility requirements established for the particular Affordable Unit
12-3446/84271 -2-
occupied by such Household. Covenantor shall verify the income certification of the Household
in one or more of the following methods:
(1) Obtain two (2) paycheck stubs from two (2) most recent pay
periods for each adult member of the Household.
(2) Obtain a copy of an income tax return certified to be true and
complete for the most recent tax year in which a return was filed, for each adult member of the
Household.
(3) Obtain an income verification certification from the employer of
each adult member of the Household.
(4) Obtain an income verification certification from the Social
Security Administration and/or the California Department of Social Services if the Household
receives assistance from such agencies.
(5) Obtain an alternate form of income verification reasonably
requested by Covenantee, if none of the above forms of verification is available to Covenanter.
If, at the time of the annual lease renewal of an Affordable Unit to an eligible Household,
the Covenantor learns that Household's income increases above the income level permitted for
that unit, the Household shall continue to be permitted to reside in such Affordable Unit, for no
more than one year. Notwithstanding the foregoing, Covenantor, at the, City's discretion, shall
have the option, in its commercially reasonable discretion, to designate another dwelling unit as
an Affordable Unit during that one year period so that the Household may continue to occupy a
unit in the Project, if the Household and the Covenantor so agree.
(d) Determination of Affordable Rent for the Affordable Units. The rent
for each Affordable Unit (the "Affordable Rent") shall be adjusted annually by the following
formula established by California Health and Safety Code Section 50053 upon the publication of
the revised Area Median Income. This methodology sets the moderate income rent at 1/12 of
thirty percent (30%) of one -hundred ten percent (110%) of the Area Median Income adjusted for
family size appropriate to the unit. As used herein, for the purpose of calculating the Affordable
rent, "adjusted for family size appropriate to the unit" shall mean a household of one person in
the case of a studio Affordable Dwelling Unit, two persons in the case of a one -bedroom
Affordable Dwelling Unit, and a household of three persons in the case of a two -bedroom
Affordable Dwelling Unit. The income limits and Affordable Rents in effect as of the date of
this Agreement are attached hereto as Exhibit "C" and incorporated herein by this reference.
COVENANTOR UNDERSTANDS AND KNOWINGLY
AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO
BE ESTABLISHED BY THIS FORMULA ARE NOT
NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR
THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED
AT A LEVEL SUBSTANTIALLY BELOW THE FAIR
MARKET RENT LEVELS.
12-3446/84271 -3-
COVENANTOR HEREBY AGREES TO RESTRICT THE
AFFORDABLE UNITS ACCORDINGLY.
COVENAMMS MLAI s
In the event state law referenced herein is amended, the term 'of this Agreement shall
automatically be amended to remain consistent with State law.
(e) Annual R oort. Within sixty (60) days after the end of each calendar
year during the Affordability Period, Covenantor shall submit to Covenantee a report verifying
Covenantor's compliance with the provisions of this Declaration ("Annual Report').
Covenantor's final.Annual Report shall be submitted to Covenantee within sixty (60) days after
the end of the Affordability Period. Each Annual Report shall identify the location of the
Affordable Units for the applicable reporting period, the identity of each Household member
occupying an Affordable Unit during any portion of such period, the income and household size
of each such Household, the Affordable Rent for each of the Affordable Units, and the rent
actually charged pursuant to the lease or rental agreement. If Covenantee prescribes a particular
form to be utilized by Covenantor in preparing the Annual Report, Covenantor shall utilize said
form, provided that it complies substantially with the foregoing requirements.
2. Non IDierimingtion Covenants. Covenantor covenants by and for itself, its
successors and assigns, and all persons claiming under or through them that there shall be no
discrimination against or segregation of any person or group of persons on account of race, color,
religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital
status, handicap or disability, in the use, occupancy, tenure, or enjoyment of the Affordable Unit,,
nor shall Covenantor itself or any person claiming under or through it, establish or permit any
such practice or practicesof discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, subtenants, or vendees in the Affordable Unit.
Covenantor and its successors and assigns shall refrain from restricting the leasing of the
Affordable Unit on the basis of race, color, religion, sex, sexual orientation, creed, ancestry,
national or ethnic origin, age, family or marital status, handicap or disability, of any person. All
such leases shall contain or be subject to substantially the following nondiscrimination or
nonsegregation clause:
"The lessee herein covenants by and for himself or herself, his or her heirs, executors,
administrators, and assigns, and all persons claiming under or through him or her, and this lease
is made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation of any
person or group of persons, on account of race, color, religion, sex,
sexual orientation, creed, ancestry, national or ethnic origin, age,
family or marital status, handicap or disability in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of
the premises herein leased nor shall .the lessee himself or herself, or
any person claiming under or through him or her, establish or
permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use,
12-3446/84271 4-
or occupancy of tenants, lessees, sublessees, subtenants, or vendees
in the premises herein leased."
3 Use Restrictions. During the Affordability Period; Covenantor shall be required
to take all reasonable steps necessary to ensure that each Household renting an Affordable Unit
has knowledge of all terms and conditions of this Declaration by including in each and every
lease and rental agreement a clause which incorporates this Declaration by reference and makes
this Declaration a part of an attachment to such lease or rental agreement. In addition, during the
Affordability Period, each lease or rental agreement for any of the Affordable Units shall contain
provisions that the Affordable Unit shall be occupied, used, and maintained as follows:
(a) The Affordable Unit shall be used only for private dwelling purposes, with
appurtenant facilities, and for no other purposes; provided, however, that home occupation
businesses conducted in compliance with the City's Municipal Code and other City regulations
shall be considered an appropriate use for private dwelling purposes;
(b) Household Size. The maximum number of persons that may occupy an
Affordable Unit shall be based on unit size:
Unit Size
Household Size
0 bedroom (studio)
2 persons
1 bedroom
3 persons
2 bedrooms
5 persons
(c) the Household shall not permit or suffer anything to be done or kept upon
the premises which will increase the rate of insurance on any building, or on the contents thereof,
and shall not impair the structural integrity thereof obstruct or interfere with the rights of other
occupants, or annoy such occupants by unreasonable noises or otherwise, nor shall any
Household commit or permit any nuisance on the premises or fail to keep the premises free of
rubbish, clippings, and trash or commit or suffer any illegal act to be committed thereon;
(d) The Household shall not sublease any or all parts of the Affordable Unit
without prior written approval from Covenantor and Covenantee;
(e) The Household shall comply with all of the lawful requirements of all
governmental authorities with respect to the premises;
(f) No person shall be permitted to occupy the premises for transient or hotel
purposes; and
(g) The Household shall comply in all respects with this Declaration and any
failure by the Household to comply with the terms of this Declaration shall be a default under the
Household's lease or rental agreement.
12-3446/84271 -5-
4. Covenants for Benefit of Housing Authority. All covenants without regard to
technical classification or designation shall be binding for the benefit of the Covenantee and such
covenants shall run in favor of Covenantee for the entire period during which time such
covenants shall be in force and effect. The Covenantee, in the event of any breach of any such
covenants, shall have the right to exercise all the rights and remedies and to maintain any such
action at law or suits in equity or other proper legal proceedings to enforce and to cure such
breach to which it or any other beneficiaries of these covenants may be entitled during the term
specified for such covenants, except the covenants against discrimination which may be enforced
at law or in equity at any time in perpetuity.
5. Binding on Successors and Assigns. The covenants and agreements established
in this Declaration shall, without regard to technical classification and designation, be binding on
Covenantor and any successor to Covenantor's right, title, and interest in and to all or any
portion of the Project, for the benefit of and in favor of the Housing Authority of the City of
Huntington Beach. All the covenants contained in this Declaration shall remain in effect for the
Affordability Period, and shall automatically terminate and be of no further force or effect after
such time. Upon expiration of the Affordability Period, Covenantee agrees to cooperate with
Covenantor, at no cost to Covenantee in removing this Declaration of record from the Subject
Property.
6. Counterparts. This Agreement may be executed in a number of counterparts,
each of which shall be an original, but all of which shall constitute one and the same document.
7. Notices. All notices which are allowed or required to be given hereunder shall be
in writing and (1) shall be deemed given and received when personally delivered or (2) shall be
sent by registered or certified mail or overnight mail service, addressed to the applicable
designated person by one party to the other in writing, and shall be deemed received on the
second business day after such mailing.
If to the Housiniz Authority:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attu: City Manager
Tel. No.: (714) 536-5575
Fax No.: (714) 536-5233
If to the Property Owner:
Red Oak Investments
2101 Business Center Drive, Suite 230
Irvine, CA 92612
Attn: Alex Wong
Tel. No.: (714) 342-2502
Fax No.: (949) 733-2005
12-3446/84271 -6-
Archstone Huntington Beach College Park LLC
3 MacArthur Place, 6th Floor
Santa Ana, CA 92707-5902
Attn: Ken Keefe
Tel. No.: (714) 689-7014
Fax No.: (714) 460-8571
Archstone Huntington Beach College Park LLC
c/o Archstone
9200 East Panorama Circle, Suite 400
Englewood, CO 80112
Attn: Michael Shomo
Tel. No.: (303) 708-6954
FaxNo.: (720) 873-6358
Allen Matkins
Three Embarcadero Center, 12th Floor
San Francisco, California 94111-4074
Attn: Sonia 7. Ransom
Tel. No.: (415) 837-1515
Fax No.: (415) 837-1516
8. Applicable Law.
(a) If any provision of this Agreement or portion thereof, or the application of
any provision to any person or circumstances, shall to any extent be held invalid, inoperative, or
unenforceable, the remainder of this Agreement, or the application of such provision or portion
thereof to any other persons or circumstances, shall not be affected thereby and it shall not be
deeded that any such invalid provision affects the consideration for this Agreement; and each
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(b) This Agreement shall be construed in accordance with the laws of the
State of Califomia and all applicable HUD Housing Quality Standards and City Codes.
[Signatures and Jurats to Follow]
12-3446/84271 -7-
IN WITNESS WHEREOF, the Covenantee and Covenantor have caused this instrument
to be executed on their behalf by their respective officers hereunto duly authorized as of the date
set forth above.
PROPERTY OWNER:
ARCHSTONE HUNTINGTON BEACH
COLLEGE PARK LLC, a Colorado
limited liability company
By:
6 YO 1a- 14COCLWAIL94
print name
ITS: (circle one) Chairman/Presiden ice President
r MTTKID,
y. pr' name
ITS:
Asst. Secretary a-4�rc�
Thomas S. Reif
Assistant Secrete,
COVENANTEE:
THE HOUSING AUTHORITY OF THE
CITY OF HUNTINGTON BEACH,
a California municipal corporation
irperson
City Wrk / Housing Authority
Clerk
APPROVED AS TO FORM:
"�C
CityAy / Housing �Couns&wq-!!
REVIE D AND APPROVED
—0
kcity
anager Exec uti ve Officer
12-3446/84271 -9-
On��4 WVp'e-r10.2-Dt2 ,beforeme, Kati C--; aktnian, i14a!u �ul�1iL
(insert name of notary)
Notary Public, personally appeared �� rrE'L Pict Er tdccuelr-
who proved to me on the basis of satisfactory evidence to be the persons -whose name(sjr s/arm
subscribed to the within instrument and acknowledged to me thatlieshe/they-dexecuted the same
in der/thaea—uthorized capacity(ies�-acnd that by der/thei> signature(B)-on the instrument
the person(%)!r the entity upon behalf of which the person(z)-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. KAu GOGLANIAN
Commission * 1924860
z :-e: Notary Public - California g
t a Orange County
` My Comm. Expires Mar 9, 2015 ~
Signa e
ACKNOWLEDGMENT
�a/ori"c�o
State of
County of
l
On U.,2D/� before me, � W— .GYM-Z /-
(insert name of notary)
Notary Public, personally appeared �U e,,,g S, Z&6r
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged tome 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.
s � sOAN 'L I
M. (Seal)
-'•.., CARANNA o
>� OF•CO��QP,��1\�
12-3446/84271
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
On October 16, 2012, before me, P. L. Esparza, Notary Public, personally
appeared Joan L. Flynn and Donald F. Hansen, Jr. who proved to me on the
basis of satisfactory evidence to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the persons, or
the entity upon behalf of which the persons 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.
r.P. L. ESPARZA
WITNESS my hand and official seal. a :„~ Not ryission # 1857California Z
Z Orange County a
M Comm. Ex ires Aug 4, 2013
(Seal)
(Notary Sign e)
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 211, PAGES 25 AND 26 OF
PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM A PORTION THEREOF 50% OF A 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 SUCH EXCEPTION AND RESERVATION, FOR THE BENEFIT OF
THOSE ENTrfLF,D 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 SUCK SUBSTANCES BY SLANT OR DIRECTIONAL DRILLING OR OTHER
OPERATIONS FROM OTHER LAND, ENTERING INTO AND PENETRATING THE LAND
THE SUBJECT HEREOF, 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, IN DEED RECORDED OCTOBER 1, 1959, IN BOOK 4907, PAGE 389 OF
OFFICIAL, RECORDS, CHARLES H. THATCHER AND TITLE INSURANCE AND TRUST
COMPANY, A CALIFORNIA CORPORATION, ALL AS TRUSTEES 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.
ALSO EXCEPTING FROM THAT PORTION THEREOF LYING BELOW A DEPTH OF 500
FEET MEASURED VERTICALLY FROM TIC CONTOUR OF THE SURFACE WITHOUT,
HOWEVER, THE RIGHT OF ANY PURPOSE WHATSOEVER TO ENTER UPON, INTO
OR THROUGH TILE SURFACE OF SAID PROPFRTY OR ANY PARE THEREOF LYING
BETWEEN SAID SURFACE OF 500 FEET BELOW SAID SURFACE, AS EXCEPTED IN
THE GRANT DEED FROM SOUTHERN PACIFIC TRANSPORTATION COMPANY
RECORDED JUNE 30, 1986 AS INSTRUMENT NO. 86-277355 OF OFFICIAL RECORDS.
EXHIBIT C
2012 QUALIFYING INCOME AND RENT SCHEDULE
THE LOFTS APARTMENT PROJECT
HUNTINGTON BEACH, CALIFORNIA
I. 2012 Oranqe County Income Information
Household Size HCD Median HUD Median
1 Person
$59,700
2 Persons
68,250
3 Persons
76,750
4 Persons
85,300 85,300
5 Persons
92,100
Household Income Limits as Defined by the California Health & Safety Code
Moderate Income
(Section 60093)
1 Person
$53,950 - $71,650
2 Persons
61,650 - 81,900
3 Persons
69,350 - 92,100
4 Persons
77,050 - 102,350
5 Persons
83,250 - 110,550
III, California Health & Safety Code Section 50053 Affordable Housing Cost Calculations
Moderate income
Studio
1-Bdrm
2-Bdrm
Benchmark Household Size
1
2
3
% of HCD Median Income
110%
110%
110%
Household Income for Rent Calculation
$65,670
$75,075
$84,425
% of Income Allotted to Gross Rent
30%
30%
30%
Allowable Gross Rent
$1,642
$1,877
$2,111
(Less) Utilities Allowance
28
39
47
Allowable Net Rent
$1,614
$1,838
$2,064
Based on utilities published by OCHA 10/1/2011. Includes Gas: Cooking, Heating, Water Heater, Electric: Basic.
Prepared by: Keyser Marston Associates, Inc.
File name: LoftS_EXh B_8_31_12; Inc —Rent
Ord. No. 3962
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 ordinance was read to said City Council at a Regular
meeting thereof held on October 15, 2012, and was again read to said City Council at a
Regular meeting thereof held on November S, 2012, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
I, Joan L. Flynn, CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council, do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 15, 2012.
In accordance with the City Charter of said City
Joan L. Flynn, City Clerk
Senior Deputy City C1erk
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
P ROO r O F
OTyOFHUNTINGTON
PUBLICATION
CH
LEGAL ALN OTICE'
ORDINANCE NO.3962
Adopted by the City Cmdl
on NOVEMBER 5, 2012
STATE OF CALIFORNIA)
"AN ORDINANCE OF THE
,CITY OF H
ADOPTING TING
ATOA DE-
.BEACH
SSA
V E L O P M'E N T
AGREEMENT BY AND
E BETWEEN THE CITY OF
COUNTY OF ORANGE)
,AND ARCHSTHUNTIBEACH
+CHSTONE HUN-
TINGTON BEACH COL-
LEGE PARK LLC (DEVEL-
OPER) (DEVELOPMENT
1 am a citizen of the United States and a
AGREEMENT NO. 12-
003)"
resident of the County of Los Angeles, I
SYNOPSIS:
Development Agreement
am over the age of eighteen years, and
No.' 12.003 represents a
Development Agreement
not aparty to or interested in the notice
between'the City of Hun.
tington Beach and
published. I am a principal clerk of the
Archstone Huntington'
Beach College Park LLC
HUNTINGTON BEACH
,(developer) for the
{ Archstone HB Lofts
INDEPENDENT, which was adjudged a
Project. The City re.
quired the deveioper to
news a er of general circulation on
p p
enter into a Oevelop-
ment Agreement to pro-
September 29, 1961, case A6214, and
vide affordable dwelling
units pursuant to. Condi-
June 11, 1963, case A24831, for the
tion No. 4.a. of Con -
- ditional Use Permit No.
City of Huntington Beach, County of
07-04of DD The'key points
,evelopment
Orange, and the State of California.
Agreement "°' 12 003
include:
5-year effective term '
Attached to this Affidavit is a true and
- vests developer's right
complete copy as was printed and
to construct project in
jaccordance with the ap.
published on the following date(s):
1pplan pulanpu development
rsuant
I- to Conditional Use Per-
� mit No. 07-043, ap-
Thursday, November 15, 2012
; proved by the City ,
,cil.' on November 1010
2008,
. Provision of 39 afford-
able housing units
,PASSED AND ADOPTED
certif or declare under enalt
Y � p y
by the City Council of
the City of Huntington
of perjury that the foregoing is true
,Beach at a regular meet-
ing held
;November 5, 2012 by
and correct.
[the following roll call
vote:
AYES: Shaw, .Harper,
`Dwyer, Hansen, Carchio,
!Bohr, Boardman
!NOES: None
1ABSTAIN:None.
jABSENT: None
Executed on November 23 2012
lTHE FULL TEXT'OF'THE
!ORDINANCE IS "AIL -
at Los Angeles, California
ABLE IN THE CITY
CLERK'S OFFICE.
This ordinance is effec-
!tive 30 days after
adoption.
CITY OF HUNTINGTON
BEACH
2000 MAIN STREET
HUNTINGTON BEACH,
CA 92648
714-5U-5227
Signature
JOAN L. FLYNN, CITY
CPublishedH
H.B. Indepen-
:;dent 11/15/12
"CC
City ®f Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
(714) 536-5227 ® www.huntingtonbeachca.gov
Office of the City Clerk
NOTICE OF A&RQN,. Flynn, City Clerk
October 22, 2012
Archstone Apartments
3 MacArthur Place, Suite 600
Santa Ana, CA 92707
Red Oak Investments
2101 Business Center Drive, Suite 230
Irvine, CA 92612
Subject: DEVELOPMENT AGREEMENT NO. 12-003 (Archstone Huntington Beach
College Park LLC (Developer) for the Archstone HB Lofts Project)
Applicant: Archstone Apartments, 3 MacArthur Place, Suite 600, Santa Ana, CA
92707 and Red Oak Investments, 2101 Business Center Drive, Suite 230,
Irvine, CA 92612
Location: 7400 Center Avenue, Huntington Beach, CA 92647 (southeast corner of
Center Avenue and Gothard Street)
Request: Development Agreement between the City of Huntington Beach and Archstone
Huntington Beach College Park LLC (developer) pursuant to approvals for the
Archstone HB Lofts, a 385 multi -family residential mixed use development
including live/work units, 10,000 sq. ft. of retail, leasing office, resident fitness
and recreation areas and public open space (formerly known as The Ripcurl).
A public hearing was held on October 15, 2012 to consider your request, and the Huntington
Beach City Council voted to approve Development Agreement No. 12-003 with findings for
approval, and approved for introduction Ordinance No. 3962, "An Ordinance of the City of
Huntington Beach Adopting a Development Agreement By and Between the City of Huntington
Beach and Archstone Huntington Beach College Park LLC (Developer) (Development
Agreement No. 12-003)."
Enclosed are the findings for approval for DA 12-003, and a copy of page 9 of the October 15,
2012 City Council Action Agenda. Ordinance No. 3962 will become effective December 6,
2012. If you have any questions, please contact Tess Nguyen at (714) 374-1744.
Sincerely,
an L. Flynn, CM
ity Clerk
c: Red Oak Investments, 2101 Business Center Drive, Suite 230, Irvine, CA 92612
Scott Hess, Director of Planning and Building
Tess Nguyen, Associate Planner
Sister Cities: Anjo, Japan A Waitakere, New Zealand
FINDINGS FOR APPROVAL
DEVELOPMENT AGREEMENT NO. 12-003
FINDINGS FOR APPROVAL — DEVELOPMENT AGREEMENT NO. 12-003:
The development agreement is consistent with the General Plan and Huntington Beach
Zoning and Subdivision Ordinance. Development Agreement No. 12-003 provides for the
construction of the Archstone HB Lofts Project, which complies with approved Conditional
Use Permit No. 07-043 and was found to conform to the goals and policies of the General
Plan as approved by the City Council on November 10, 2008. The development agreement
ensures the construction of 39 affordable housing units within the project in accordance with
the provisions of the HBZSO for a 55-year period. The development agreement is
consistent with the following General Plan goals and policies:
A. Housing Element
Goal H 2: Provide adequate housing sites to accommodate regional housing needs.
Goal H 3: Assist in development of affordable housing.
Policy H 3.1: Encourage the production of housing that meets all economic segments of
the community, including lower, moderate, and upper income households, to maintain a
balanced community.
B. Land Use Element
Goal LU 2: Ensure that development is adequately served by transportation
infrastructure, utility infrastructure, and public services.
Policy LU 8.1.1: Accommodate land use development in accordance with the patterns
and distribution of use and density depicted on the Land Use Plan Map, in accordance
with the principles discussed below:
a. Not applicable
b. Vary uses and densities along the City's extended commercial corridors, such
as Beach Boulevard.
c. Increase diversification of community and local commercial nodes to serve
adjacent residential neighborhoods.
d. Intermix uses and densities in large-scale development projects.
e. Site development to capitalize upon potential long-term transit improvements.
f. Establish linkages among community areas, which may include pedestrian
and vehicular paths, landscape, signage, other streetscape elements, open
space, transitions, in form, scale, and density of development, and other
elements.
Goal LU 9: Achieve the development of a range of housing units that provides for the
diverse economic, physical, and social needs of existing and future residents of
Huntington Beach.
Goal LU 11: Achieve the development of projects that enable residents to live in
proximity to their jobs, commercial services, and entertainment, and reduce the need for
automobile use.
The development agreement would ensure that the project is developed in accordance with
the approved project development plan, which provides a housing choice adjacent to an
existing public transit center and provides an alternative for residents seeking to be within
walking distance of work, services or commercial uses and reduce dependency on their
automobile. The development agreement would guarantee that the project provides 39 on -
site affordable housing units. These units would help the City to satisfy its affordable
housing obligations while providing housing for moderate income households.
2. Development Agreement No. 12-003 is consistent with Chapter 246 of the Huntington
Beach Zoning and Subdivision Ordinance (HBZSO) and applicable provisions of the
Huntington Beach Municipal Code. Chapter 246 of the HBZSO authorizes the City,
pursuant to the California Government Code, to enter into biding development agreements
in order to ensure that development may proceed in accordance with standards and policies
in place at the time the project is approved. The Archstone HB Lofts Project does not
propose subdivision of the property such that conformance to the Subdivision Map Act
applies.
3. Development Agreement No. 12-003 will not be detrimental to the health, safety and general
welfare of the surrounding properties nor will it adversely affect the orderly development of
the property. The development agreement ensures that the project will be constructed in
accordance with the Mixed Use -Transit Center District of the HBZSO development code and
conditions of approval and applicable mitigation measures adopted pursuant to Conditional
Use Permit No. 07-043 and Environmental Impact Report No. 07-004 for the Archstone HB
Lofts Project.
4. The City Council has considered the fiscal effect of Development Agreement No. 12-003 on
the City and the effect on the housing needs of the region in which the City is situated and
has balanced these needs against the public service needs of its residents and available
fiscal and environmental resources. Development Agreement No. 12-003 provides for the
mutually beneficial development of the property pursuant to approvals for the Archstone HB
Lofts Project. The development agreement specifies the project's affordable housing
obligations providing 39 on -site affordable units for a period of 55 years.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different
from the property owner, and each of their heirs, successors and assigns, shall defend,
indemnify and hold harmless the City of Huntington Beach and its agents, officers, and
employees from any claim, action or proceedings, liability cost, including attorney's fees and
costs against the City or its agents, officers or employees, to attack, set aside, void or annul any
approval of the City, including but not limited to any approval granted by the City Council,
Planning Commission, or Design Review Board concerning this project. The City shall promptly
notify the applicant of any claim, action or proceeding and should cooperate fully in the defense
thereof.
PUBLIC HEARING
14. Approve for introduction Ordinance No. 3962 approving Development
Agreement No. 12-003 with Archstone Huntington Beach College Park LLC
(Developer) for the Archstone HB Lofts Project
Housing Authority/City Council Recommended Action:
PLANNING COMMISSION AND STAFF RECOMMENDATION:
A) Approve Development Agreement No. 12-003 with findings for approval
which includes "Affordable Housing Agreement Restrictions -Rental (Declaration
of Conditions, Covenants and Restrictions for Property);" and,
B) Approve for introduction Ordinance No. 3962, "An Ordinance of the City of
Huntington Beach Adopting a Development Agreement By and Between the
City of Huntington Beach and Archstone Huntington Beach College Park LLC
(Developer) (Development Agreement No. 12-003)."
Approved 6-0-1 (Carchio out of room)
COUNCILMEMBER ITEMS
15. Submitted by Councilmember Joe Carchio - Ordinance to prevent the
feeding of coyotes and non -domestic animals in residential
neighborhoods
Recommended Action:
Direct the City Attorney and the Police Department to draft an ordinance stating
that no person shall feed, or in any manner, provide food, or cause to be fed,
any non -domestic animal including, but not limited to, coyotes, foxes,
opossums, raccoons, and skunks. Any person violating the ordinance would be
guilty of a misdemeanor as provided in the municipal code.
Continued to November 19, 2012 City Council meeting to hear along with
Mayor Pro Tern Dwyer's item on coyotes. _.,:.
Approved 4-3 (Shaw, Carchio, Boardman no)
COUNCILMEMBER COMMENTS (Not Agendized)
Harper, Dwyer, Hansen, Carchio, Bohr, Boardman reported.
ADJOURNMENT - 7.41 PM, adjourned in honor of Les Riddell.
ADJOURNMENT OF THE CITY COUNCIL/PUBLIC FINANCING AUTHORITY REGULAR
MEETING AND THE SPECIAL MEETINGS OF THE SUCCESSOR AGENCY AND HOUSING
AUTHORITY - 7:41 PM
The next regularly scheduled meeting of the City Council/Public Financing Authority is Monday,
November 05, 2012, at 4:00 PM in Room B-8, Civic Center, 2000 Main Street, Huntington Beach,
California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT
MATERIAL /S LOCATED UNDER THE "GOVERNMENT" TAB AT http://www.huntincitonbeachca.gov
City Council/PFA Regular Meeting
October 15, 2012
Page 9 of 9
_T1 /11uyO.1 "
40AAAdAn'l C,A O i11_1WAA„ Ae7AA)
Council/Agency Meeting Held: 10ALLd,D/d�,,
Deferred/Continued to: QOP7— ,4( �5��8/�1
I,$LAppgoved ❑ Conditionally Approved 0 Denied
,s ler s Sig ure
Council Meeting Date: October 15, 2012
Department ID Number: PL 12-021
SUBMITTED TO: Honorable, Mayor and City Council Members/Commissioners
SUBMITTED BY: Fred A. Wilson, City Manager/Executive Officer
PREPARED BY: Scott Hess, AICP, Director of Planning and Building
SUBJECT: Approve for introduction Ordinance No. 3962 approving Development
Agreement No. 12-003 with Archstone Huntington Beach College Park
LLC (Developer) for the Archstone HB Lofts Project
Statement of Issue:
Transmitted for your consideration is a request to enter into a Development Agreement
between the City of Huntington Beach and Archstone Huntington Beach College Park LLC
(developer) pursuant to approvals for the Archstone HB Lofts Project, a 385 multi -family
residential mixed use development including live/work units, 10,000 sq. ft. of retail, leasing
office, resident fitness and recreation areas and public open space (formerly known as The
Ripcurl).
Financial Impact: Not Applicable.
Housing Authority/City Council Recommended Action:
PLANNING COMMISSION AND STAFF RECOMMENDATION:
Motion to:
A) Approve Development Agreement No. 12-003 with findings for approval which includes
"Affordable Housing Agreement Restrictions -Rental (Declaration of Conditions, Covenants
and Restrictions for Property);" and,
B) Approve for introduction Ordinance No. 3962, "An Ordinance of the City of Huntington
Beach Adopting a Development Agreement By and Between the City of Huntington Beach
and Archstone Huntington Beach College Park LLC (Developer) (Development Agreement
No. 12-003)."
Item 14. - I HB -248-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 10/15/2012 DEPARTMENT ID NUMBER: PL 12-021
Planninq Commission Action on September 25, 2012:
THE MOTION MADE BY SHIER BURNETT, SECONDED BY DELGLEIZE, TO APPROVE
DEVELOPMENT AGREEMENT NO. 12-003 WITH FINDINGS FOR APPROVAL AND
FORWARD DRAFT ORDINANCE TO THE CITY COUNCIL FOR ADOPTION CARRIED BY
THE FOLLOWING VOTE:
AYES: BIXBY, DELGLEIZE, FRANKLIN, MANTINTI, RYAN, SHIER BURNETT
NOES: NONE
ABSENT: PETERSON
ABSTAIN: NONE
Alternative Action(s):
The City Council may make the following alternative motions:
1. "Continue Development Agreement No. 12-003 and direct staff accordingly."
2. "Deny Development Agreement No. 12-003 with findings for denial."
Analysis:
A. PROJECT PROPOSAL:
Applicant: Archstone Apartments, 3 MacArthur Place, Suite 600, Santa Ana, CA 92707
and Red Oak Investments, 2101 Business Center Drive, Suite 230, Irvine, CA
92612
Location: 7400 Center Avenue, Huntington Beach, CA 92647 (southeast corner of Center
Avenue and Gothard Street)
Development Agreement No. 12-003 represents a request to enter into a Development
Agreement between the City of Huntington Beach and Archstone Huntington Beach College
Park LLC (developer) pursuant to approvals for the Archstone HB Lofts Project. The City is
requiring the developer to enter into a development agreement to provide affordable dwelling
units pursuant to Condition No. 4.a. of Conditional Use Permit No. 07-043. The key points of
Development Agreement No. 12-003 (ATTACHMENT NO. 2) include:
- 5-year effective term (page 4, section 2)
- Vests developer's right to construct project in accordance with the approved
development plan pursuant to Conditional Use Permit No. 07-043, approved by the
City Council on November 10, 2008 (page 5, section 3)
- Provision of 39 affordable housing units (page 7, section 5)
B. BACKGROUND:
The Archstone HB Lofts Project is located on an approximately 3.8-acre site at the southeast
corner of Center Avenue and Gothard Street, currently occupied by vacant commercial
buildings. The approved project consists of 385 multi -family apartment units, including
HB -249- Item 14. - 2
REQUEST FOR COUNCIL ACTION
MEETING DATE: 10/15/2012 DEPARTMENT ID NUMBER: PL 12-021
live/work units, 10,000 sq. ft. of retail space, a leasing office, resident fitness and recreation
areas and public open space. In 2008, the Planning Commission and City Council approved
Conditional Use Permit No. 07-043 subject to conditions and mitigation measures.
C. PLANNING COMMISSION MEETING:
The Planning Commission held a public hearing to consider Development Agreement No. 12-
003 at their regular meeting on September 25, 2012. Staff gave an overview presentation of
the development agreement. No other members of the public spoke during the public
hearing. The Commission had a question related to the approval of the project.
Development Agreement No. 12-003 was then approved by the Commission to forward the
draft ordinance to the City Council.
D. STAFF ANALYSIS AND RECOMMENDATION:
Staff is recommending approval of the development agreement based on compliance with
the plans, conditions of approval and mitigation measures approved for the Archstone HB
Lofts Project. In addition, the development agreement conforms to the provisions of the
Huntington Beach Zoning and Subdivision Ordinance and applicable goals and policies of the
Huntington Beach General Plan.
Consistency with the HBZSO and General Plan
The City is authorized pursuant to California Government Code Section 65864 et. seq. and
Chapter 246 of the HBZSO to enter into binding development agreements with persons or
entities owning legal interests in real property located within the City. The objective of a
development agreement is to provide assurances that an applicant may proceed with a
project in accordance with existing policies and standards in place at the time of project
approval. The City and developer desire to enter into a development agreement for the
subject site in order to achieve the mutually beneficial development of the property and
ensure that the project is developed in accordance with the approved project pursuant to
Conditional Use Permit No. 07-043.
The development agreement would be effective for five years and vests the developer's right
to construct the project pursuant to the terms of the agreement. Development Agreement
No. 12-003 references the project pursuant to Conditional Use Permit No. 07-043. In
addition, the development agreement is consistent with the General Plan land use
designation for the site insofar as the approved project is consistent with the General Plan
land use designation. The development agreement would conform to applicable goals and
policies of the General Plan Land Use and Housing Elements calling for the provision of
diverse housing for all income levels and ensuring that development projects can be
adequately accommodated by transportation infrastructure, utilities, and services (Refer to
Attachment No. 3 — Planning Commission Staff Report for specific goals and policies of the
General Plan).
Affordable Housing
The project is required to provide affordable housing in accordance with the HBZSO and
conditions of approval for the project. Of the 385 total units, the project will provide 39
affordable units on -site. The 39 affordable units would be made available to moderate
Item 14. - 3 _HB -250-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 10/15/2012 DEPARTMENT ID NUMBER: PL 12-021
income households for which the City has a remaining need of 392 units for the 2008-2014
planning period. The development agreement stipulates these requirements in addition to a
55-year affordability period and the timing for which the affordable units shall be constructed.
The development agreement also includes a separate affordable housing agreement exhibit
to be recorded, which further specifies details of the affordable units including income
requirements, household size and the timing for the affordability period to take effect.
E. SUMMARY:
Staff recommends approval of Development Agreement No. 12-003 because it would:
- Conform to applicable goals and policies of the General Plan;
- Conform to the provisions of Chapter 246 - Development Agreements of the
Huntington Beach Zoning and Subdivision Ordinance;
- Ensure development of the Archstone HB Lofts Project consistent with the conditions
approved for Conditional Use Permit (CUP) No. 07-043 and applicable mitigation
measures adopted for Environmental Impact Report (EIR) No. 07-004; and
- Provide for the construction of needed affordable housing in the City of Huntington
Beach.
Environmental Status:
The development agreement was included in the scope of the Archstone HB Lofts Project
Environmental Impact Report No. 07-004 certified by the City Council on November 10,
2008.
Strategic Plan Goal: Enhance economic development
Attachment(s):
1. 1 Findinas of Approval - Development Agreement No. 12-003
2 Ordinance No. 3962, "An Ordinance of the City of Huntington Beach Adopting a
Development Agreement By and Between the City of Huntington Beach and Archstone
Huntington Beach College Park LLC (Developer) (Development Agreement No. 12-003)"
including Exhibit A "Development Agreement" and Exhibit B "Affordable Housing Agreement
Restrictions -Rental Declaration of Conditions, Covenants and Restrictions for Property)"
3. Planning Commission Staff Report, dated September 25, 2012
4. Conditional Use Permit No. 07-043 - Notice of Action with Findings, Conditions of Approval,
and Mitigation Measures
5. PowerPoint Presentation
HB -251- Item 14. - 4
ATTACHMENT #1
Item 14. - 5 HB -252-
ATTACHMENT NO. 1
SUGGESTED FINDINGS FOR APPROVAL,
DEVELOPMENT AGREEMENT NO. 12-003
FINDING FOR APPROVAL — DEVELOPMENT AGREEMENT NO. 12-003:
The development agreement is consistent with the General Plan and Huntington Beach Zoning and
Subdivision Ordinance. Development Agreement No. 12-003 provides for the construction of the
Archstone HB Lofts Project, which complies with approved Conditional Use Permit No. 07-043 and
was found to conform to the goals and policies of the General Plan as approved by the City Council
on November 10, 2008. The development agreement ensures the construction of 39 affordable
housing units within the project in accordance with the provisions of the HBZSO for a 55-year period.
The development agreement is consistent with the following General Plan goals and policies:
A. Housing Element
Goal H 2: Provide adequate housing sites to accommodate regional housing needs.
Goal H 3: Assist in development of affordable housing.
Policy H 3.1: Encourage the production of housing that meets all economic segments of the
community, including lower, moderate, and upper income households, to maintain a balanced
community.
B. Land Use Element
Goal L U 2: Ensure that development is adequately served by transportation infrastructure, utility
infrastructure, and public services.
Policy LET 8.1.1: Accommodate land use development in accordance with the patterns and
distribution of use and density depicted on the Land Use Plan Map, in accordance with the
principles discussed below:
a. Not applicable
b. Vary uses and densities along the City's extended commercial corridors, such as Beach
Boulevard.
c. Increase diversification of community and local commercial nodes to serve adjacent
residential neighborhoods.
d. Intermix uses and densities in large-scale development projects.
e. Site development to capitalize upon potential long-term transit improvements.
f. Establish linkages among community areas, which may include pedestrian and
vehicular paths, landscape, signage, other streetscape elements, open space, transitions,
in form, scale, and density of development, and other elements.
Goal L U 9: Achieve the development of a range of housing units that provides for the diverse
economic, physical, and social needs of existing and future residents of Huntington Beach.
HB -253- Item 14. - 6
Goal LU 11: Achieve the development of projects that enable residents to live in proximity to
their jobs, commercial services, and entertainment, and reduce the need for automobile use.
The development agreement would ensure that the project is developed in accordance with the
approved project development plan, which provides a housing choice adjacent to an existing public
transit center and provides an alternative for residents seeking to be within walking distance of work,
services or commercial uses and reduce dependency on their automobile. The development agreement
would guarantee that the project provides 39 on -site affordable housing units. These units would help
the City to satisfy its affordable housing obligations while providing housing for moderate income
households.
2. Development Agreement No. 12-003 is consistent with Chapter 246 of the Huntington Beach Zoning
and Subdivision Ordinance (HBZSO) and applicable provisions of the Huntington Beach Municipal
Code. Chapter 246 of the HBZSO authorizes the City, pursuant to the California Government Code,
to enter into biding development agreements in order to ensure that development may proceed in
accordance with standards and policies in place at the time the project is approved. The Archstone
HB Lofts Project does not propose subdivision of the property such that conformance to the
Subdivision Map Act applies.
3. Development Agreement No. 12-003 will not be detrimental to the health, safety and general welfare
of the surrounding properties nor will it adversely affect the orderly development of the property. The
development agreement ensures that the project will be constructed in accordance with the Mixed
Use -Transit Center District of the HBZSO development code and conditions of approval and
applicable mitigation measures adopted pursuant to Conditional Use Permit No. 07-043 and
Environmental Impact Report No. 07-004 for the Archstone HB Lofts Project.
4. The City Council has considered the fiscal effect of Development Agreement No. 12-003 on the City
and the effect on the housing needs of the region in which the City is situated and has balanced these
needs against the public service needs of its residents and available fiscal and environmental
resources. Development Agreement No. 12-003 provides for the mutually beneficial development of
the property pursuant to approvals for the Archstone HB Lofts Project. The development agreement
specifies the proj ect's affordable housing obligations providing 39 on -site affordable units for a period
of 55 years.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different from
the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold
harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or
proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or
employees, to attack, set aside, void or annul any approval of the City, including but not limited to any
approval granted by the City Council, Planning Commission, or Design Review Board concerning this
project. The City shall promptly notify the applicant of any claim, action or proceeding and should
cooperate fully in the defense thereof.
Item 14. - 7 HB -254-
ATTACHMENT #2
ORDINANCE NO. 3962
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING A
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON
BEACH AND ARCHSTONE HUNTINGTON BEACH COLLEGE PARK LLC
(DEVELOPER)
(DEVELOPMENT AGREEMENT NO. 12-003)
WHEREAS, the City Council approved Conditional Use Permit No. 07-043 to develop
an approximately 3.8-acre property located at 7400 Center Avenue (Property) with 385 apartment
units, including live work units, with a leasing office, and private and public recreation and open
space areas (Project) pursuant to the City of Huntington Beach Zoning and Subdivision
Ordinance; and
The City and Developer each mutually desire to enter into a Development Agreement
with one another to permit and ensure that the Property is developed in accordance with the
approved Conditional Use Permit No. 07-043 and the City's zoning regulations to achieve the
mutually beneficial development of the Property.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That the City Council hereby finds that Development Agreement No. 12-
003 conforms to Government Code Section 65864 et. seq. and that:
a. Development Agreement No. 12-003 is consistent with the Huntington Beach
General Plan; and
b. Development Agreement No. 12-003 is consistent with Chapter 246 of the
Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and the
Huntington Beach Municipal Code; and
C. Development Agreement No. 12-003 will not be detrimental to the health, safety
and general welfare, and will not adversely affect the orderly development of the
property because it is consistent with applicable land use regulations of the zoning
regulations in effect at the time of project approval, mitigation measures adopted
for the Project in accordance with EIR No. 07-004, and conditions approved for
Conditional Use Permit No. 07-043; and
d. The City Council has considered the fiscal effect of Development Agreement No.
12-003 on the City and the effect on the housing needs of the region in which the
City is situated and has balanced these needs against the public service needs of
its residents and available fiscal and environmental resources.
12-3446/84269
Ordinance No. 3962
SECTION 2. Based on the above findings, the City Council of the City of Huntington
Beach hereby approves Development Agreement No. 12-003 and adopts it by this ordinance
pursuant to Government Code Section 65867.5. This action is subject to a referendum.
SECTION 3. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5 t h day of November , 2012.
ATTEST:
Mayor
APPROVED AS TO FORM:
Ci lerk �tylAom:q-J�e,iiA q 9 _ 0
INITIATED AND APPROVED:
Exhibit A: Development Agreement No. 12-003
12-3446/84269 2
This Document was electronically recorded by
City of Huntington Beach
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
Attention: Director of Planning and Building
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
IIIIIIIIIIIIII1111111111IIIIIIIIIIIII111IIIII1111IIIIJill 111111181N0 FEE
2012000632651 10:29am 10/17/12
65 404 Al2 21
0.00 0.00 0.00 0.00 60.00 0.00 0.00 0.00
This doctJment is so* W (Space Above For Recorder's Use)
business of the City of Hun
Beach, as contiunpliftri ur
dw
Government Code S. 6103 s
mould bs recorded tm Of d=96. DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is made in Orange County,
California, as of 6e iS , 2012, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California (the "City") and ARCHSTONE
HUNTINGTON BEACH COLLEGE PARK LLC, a Colorado limited liability company (the
"Property Owner").
RECITALS:
A. The City is authorized pursuant to Government Code sections 65864 through 65869.5
and Huntington. Beach Zoning and Subdivision Ordinance (HBZSO) Chapter 246 to enter
into binding development agreements with persons or entities owning legal interests in
real property located within the City.
B. Property Owner is the owner of that certain real property more particularly described in
Exhibit A attached hereto and incorporated herein by this reference (the "Property").
C. The City and the Property Owner each desire to enter into this Agreement affecting the
Property in conformance with Government Code section 65864 et seq. and HBZSO 246
in order to achieve the mutually beneficial development of the Property in accordance
with this Agreement.
D. The Property Owner seeks to develop a project on the Property consisting of up to 385
dwelling units and live work units, 10,000 square feet of square feet of commercial uses,
as more particularly set forth in the Development Plan (collectively, the "Project"),
attached as Exhibit B and incorporated herein, all in accordance with City regulations, as
may be amended from time to time.
E. The City Council of the City (the "City Council") certified an environmental impact
report (the "EIR") for the Project on November 10, 2008 and approved General Plan
Amendment 07-0003, Zoning Text Amendment 07-0004, Zoning Map Amendment
07-001 and Conditional Use Permit No. 07-043 on November 10, 2008.
12-3446/84272
F. The City and the Property Owner each mutually desire to obtain the binding agreement of
one another to permit and ensure that the Property is developed strictly in accordance
with the provisions of this Agreement.
G. This Agreement will benefit the Property Owner and the City by eliminating uncertainty
in planning and providing for the orderly development of the Project. Specifically, this
Agreement (1) eliminates uncertainty about the validity of exactions to be imposed by the
City, (2) provides for the construction of needed affordable housing, (3) ensures that
development of the Property occurs within a reasonable timeframe, and (4) generally
serves the public interest within the city and the surrounding region.
H. The Planning Commission and City Council have each given notice of their intention to
consider this Agreement, and have each conducted public hearings thereon pursuant to
the relevant provisions of the Government Code. The City Council has found that the
provisions of this Agreement are consistent with the City's 1996 General Plan for
development within the City, as amended (the "General Plan") and City zoning
ordinances, as amended. The Planning Commission and City Council have also
specifically considered the impacts and benefits of the Project upon the welfare of the
residents of the City and the surrounding region. The City Council has determined that
this Agreement is beneficial to the residents of the City and is consistent with the present
public health, safety and welfare needs of the residents of the City and the surrounding
region.
On September 25 , 2012, the Planning Commission held a duly noticed public
hearing on this Agreement.
On October 15 , 2012, the City Council held a duly noticed public hearing on this
Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals which are hereby
incorporated into the operative provisions of this Agreement by this reference and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City
and the Property Owner agree as follows:
Definitions.
1.1. "Affordable Dwelling Units" shall mean a Dwelling Unit available at
Affordable Rent.
1.2. "Affordable Housing Agreement" shall collectively mean that certain
Affordable Housing Agreement Restrictions —Rental (Declaration of Covenants, Conditions and
Restrictions for Property) (AHARR) by and between the HBHA, the City and the Property
Owner together with all attachments thereto, which was approved as to form as part of this
Development Agreement. AHARR shall also include any and all amendments or modifications
thereto.
1.3. "Affordable Rent" shall have the same meaning set forth in California
Health and Safety Code section 50053, as more specifically set forth in the Agreement
12-3446/84272 -2-
Containing Covenants Affecting Real Property to be attached to the Affordable Housing
Agreement.
1.4. "Applicable Rules" shall mean the rules, regulations, ordinances and
official policies of the City which were in force as of the Effective Date (as defined below),
including, but not limited to, the General Plan, City zoning ordinances and other entitlements,
development conditions and standards, public works standards, subdivision regulations, grading
requirements, and provisions related to density, growth management, environmental
considerations, and design criteria applicable to the Project. Applicable Rules shall not include
building standards adopted by the City pursuant to Health and Safety Code sections 17922 and
17958.5.
1.5. "Area Median Income: shall mean the area median income for the County
of Orange ("County") as published annually by the California Department of Housing and
Community Development and determined in accordance with the U.S. Department of Housing
and Urban Development criteria then in effect and published from time to time. For purposes of
this Agreement, the qualifying limits shall be those limits for the County, as set forth in Title 25,
California Code of Regulations, section 6932, as that section may be amended, modified or
recodified from time to time. If the California Code of Regulations is amended or modified
during the term of this Agreement so that such regulations do not specify the area median income
from the County, the City shall negotiate in good faith to determine an equivalent authoritative
source which determines median income for the County.
1.6. "City Council" shall mean the City Council of the City.
1.7. "City Manager" shall mean the City Manager of the City.
1.8. "County" shall mean Orange County.
1.9. "Development Impact Fees" shall mean and include all fees charged by the
City in connection with the application, processing and approval or issuance of permits for the
development of property, including, without limitation: application fees; permit processing fees;
inspection fees; utility capacity fees; service or connection fees; library/cultural enrichment fees,
traffic impact fees; development impact or major facilities fees; park fees; flood control fees;
environmental impact mitigation fees; and any similar governmental fees, charges and exactions
required for the development of the Project.
1.10. "Development Plan" shall mean the site plan that was approved by the
City as part of CUP 07-043.
1.11. "Discretionary Actions" and "Discretionary Approvals" shall mean those
actions and approvals which require the exercise of judgment, or imposition of a condition or
obligation, by any officer, employee, review board, commission or department of the City.
Discretionary Actions and Discretionary Approvals are distinguished from activities or approvals
which merely require any officer, employee, review board, commission or department of the City
to determine whether or not there has been compliance with applicable statutes, ordinances,
regulations or conditions of approval.
12-3446/84272 -3-
1.12. "Dwelling Unit" shall mean a place in the Project that is legally available
to be rented by a person or family.
1.13. "Effective Date" shall mean the date on which the ordinance approving
this Agreement has been adopted by the City.
1.14. "Huntington Beach Housing Authority" shall mean the Housing Authority
of the City of Huntington Beach.
1.15. "Moderate Income Household" shall mean persons and families whose
income conforms to the qualifying limits defined by California Health and Safety Code Section
50093(b) and set forth in Title 25, California Code of Regulations, Section 6932, as that section
may be amended, modified or recodified from time to time. Generally, Moderate Income
Household means income that exceeds eighty percent (80%) of the Area Median Income but
does not exceed one hundred twenty percent (120%) of the Area Median Income, adjusted for
family size by the California Department of Housing and Community Development ("HCD") in
accordance with adjustment factors and adopted and amended from time to time by the United
States Department of Housing ("HUD") pursuant to Section 8 of the United States Housing Act
of 1937..
1.16. "Market Rate Rental Dwelling Unit" shall mean those Dwelling Units in
the Project that are not Affordable Dwelling Units nor governed by the Affordable Housing
Agreement.
1.17. "Periodic Review" shall have the meaning assigned to such term in
Paragraph 10(a).
1.18. "Planning Commission" shall mean the Planning Commission of the City.
1.19. "Project" shall mean that development contemplated pursuant to the
Development Plan, attached as Exhibit B, approved by Conditional Use Permit No. 07-043.
1.20. 'Recession" shall mean an economic recession as determined by the
National Bureau of Economic Research, or any successor organization charged with the duty of
determining the state of the United States economy.
1.21. "Subsequent Rules" shall mean the rules, regulations, ordinances and
official policies of the City, adopted and becoming operative after the Effective Date, including,
but not limited to, the General Plan, the Specific Plan, City zoning ordinances and other
entitlements, development conditions and standards, public works standards, subdivision
regulations, grading requirements, and other provisions related to density, growth management,
environmental considerations, and design criteria. [See also paragraph 3 below]
2. Term of Agreement. This Agreement shall become operative and commence
upon the Effective Date and remain in effect for a term of five (5) years. Except for continuing
obligations regarding affordable housing covenants and requirements, upon the expiration or
termination of the term, this Agreement, shall be deemed terminated and have no further force
and effect.
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3. Vested Right to Develop the Project. Subject to Paragraphs 3.3 through 3.8,
below, and the Applicable Rules, the City hereby grants to the Property Owner the vested right to
develop the Project on the Property to the extent and in the manner provided in this Agreement.
Subject to Paragraphs 3.3 through 3.8, below, any change in the Applicable Rules adopted or
becoming effective after the Effective Date (Subsequent Rules) shall not be applicable to or
binding upon the Projector the Property. Subject to Paragraphs 3.3 through 3.8, below, this
Agreement will bind the City to the terms and obligations specified in this Agreement and will
limit, to the degree specified in this Agreement and under state law, the future exercise of the
City's ability to regulate development of the Project.
3.1. No Conflicting Enactments. Subject to Paragraphs 3.3 through 3.8, below,
neither the City Council nor any department of the City shall enact rules, regulations, ordinances
or other measures which relate to the rate, timing, sequencing, density, intensity or configuration
of the development of any part of the Project which is inconsistent or in conflict with this
Agreement during the term of this Development Agreement.
3.2. Initiative Measures. Subject to Paragraphs 3.3 through 3.8, below, the
Property Owner and the City intend that no moratorium or other limitation (whether relating to
the rate, timing or sequence of the development of all or any part of the Project and whether
enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative,
vesting tentative or final), building permits, certificates of occupancy or other entitlements shall
apply to the Project to the extent such moratorium or other limitation is inconsistent or conflicts
with this Agreement.
3.3. Federal or State Laws. Notwithstanding any provision to the contrary
contained herein, the City expressly reserves the right to modify any of the Applicable Rules to
the extent necessary to comply with applicable federal or state laws, codes or regulations which
preempt local jurisdiction including, by way of example, and without limiting the generality of
the foregoing, the California Environmental Quality Act, all building codes, and any safety
regulations, but such modifications shall be made only to the extent required thereunder.
3.4. Emergency. Notwithstanding any provision to the contrary contained
herein, the City expressly reserves the right to apply to the Project any development moratorium,
limitation on the delivery of City -provided utility services, or other generally applicable
emergency rule, regulation, law or ordinance affecting land use: (1) which is based on genuine
health, safety and general welfare concerns (other than general growth management issues);
(2) which arises out of a documented emergency situation, as declared by the President of the
United States, Governor of California, or the Mayor, City Council or City Manager of the City;
and (3) based upon its terms or its effect as applied, does not apply exclusively, primarily or
disproportionately to the Project or the Property.
3.5. Project Completion. This Agreement and the EIR and associated findings,
are based on the expectation that the Project will be constructed as follows: up to 346
Market Rate Rental Dwelling Units including seven (7) live/work units, 39 Affordable Dwelling
Units and up to 10,000 square feet of commercial space will be completed for occupancy during
the term of the Agreement.
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3.6. Public Health Concerns. Notwithstanding any provision to the contrary
contained herein, the City expressly reserves the right to apply to the Project any generally
applicable rule, regulation, law or ordinance which does not affect the land use or development
of the Project and which is based on concerns for the public health, safety or general welfare,
including, but not limited to, building codes not otherwise preempted by State law.
3.7. New Engineering and Construction Standards. Notwithstanding any
provision to the contrary contained herein, the City expressly reserves the right to modify any of
the Applicable Rules if the City adopts new and/or amended regulations governing engineering
and construction and grading standards and specifications including, without limitation, any and
all uniform codes adopted by the City, including local amendments to these codes pursuant to
state law allowing for such amendments; provided that such codes are uniformly applied to all
new development projects of similar type as the Project within the City and provided further that
any such modifications to grading standards can only be imposed prior to grading and any such
modifications to engineering or construction standards can only be applied prior to the initiation
of construction. Such codes include, without limitation, the City's Uniform Housing Code,
Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code.
3.8. Cooperation and Indemnification. The City agrees to cooperate with the
Property Owner in all reasonable manners in order to keep this Agreement in full force and
effect. Notwithstanding the preceding sentence, in the event any legal action instituted by a third
parry or other government entity or official challenging the validity of this Agreement, the City
and the Property Owner agree to cooperate in defending such action, with the Property Owner to
indemnify the City pursuant to Paragraph 15 of this Agreement. In the event of any litigation
challenging the effectiveness of this Agreement or any portion thereof, this Agreement shall
remain in full force and effect while such litigation, including any appellate review, is pending,
unless a court of competent jurisdiction orders otherwise.
4. Development of the Property.
(a) Permitted Uses. The Property Owner agrees that the Property shall only
be developed in accordance with the Development Plan and any conditions and mitigation
measures imposed on the Project through final approval of the Project, and the provisions of this
Development Agreement. Notwithstanding anything set forth in this Agreement to the contrary,
unless the Property Owner proceeds with development of the Property, the Property Owner is not
obligated by the terms of this Agreement to affirmatively act to develop all or any portion of the
Project, pay any sums of money, dedicate any land, indemnify any party, or to otherwise meet or
perform any obligation with respect to the Project, except and only as a condition of
development of any portion of the Project.
(b) Development Standards. All development and design requirements and
standards applicable to the Project shall conform to the Development Plan and any conditions
and mitigation measures imposed on the Project, the Huntington Beach Municipal Code, and any
Applicable Rules.
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(c) Development Impact Fees. In addition to the obligations set forth
elsewhere in this Agreement, the Property Owner shall be responsible for paying when due all
Development Impact Fees in connection with development of the Project at the rates in effect on
the Effective Date. Subject to all applicable laws then in effect, the City shall have the right to
charge and apply to the Property all Development Impact Fees as may be in effect on the
Effective Date.
5. Affordable Housing. It is the intent of the parties that the Affordable Dwelling
Units shall be constructed concurrently with the Market Rate Rental Dwelling Units. The
Project is subject to the requirement of providing a total of 39 Affordable Dwelling Units, all of
which shall be rental units and must remain Affordable Dwelling Units for at least fifty-five (55)
years. The City and the Property Owner agree as a condition precedent to Development that an
Affordable Housing Agreement be executed to memorialize the terms and conditions of the
affordable housing components (Attached Hereto as Exhibit Q. The Property Owner will
provide affordable units for rent, which shall be made available to and occupied by Moderate
Income Households. The Property Owner agrees to record said affordability covenant and Deed
of Trust in favor of the City to assure that affordability covenant runs with the land and remains
in effect for the affordability period. The Property Owner agrees to comply with all terms and
provisions of the Affordable Housing Agreement and its attachments and acknowledges that any
default thereunder shall also constitute a default under this Agreement.
It is contemplated that multiple temporary final inspections (to allow for occupancy) will
be sought during the construction of the Project. When each temporary final inspection (to allow
for occupancy) is sought, approximately ten percent (10%) of the units for which it is sought will
be Affordable Dwelling Units.
6. Extension of Project Approvals. Unless a longer term would result under
otherwise applicable state law, the term of any permits approved as part of the Project approvals
shall be automatically extended for the term of this Agreement.
7. Subsequent Discretionary Action and Approval. The City agrees not to
unreasonably withhold, condition or delay any Discretionary Action or Discretionary Approval
or other action or approval by the City which may be required by the Project subsequent to the
execution of this Agreement. Upon the filing of a complete application and payment of
appropriate processing fees by the Property Owner, the City shall promptly commence and
diligently schedule and convene all required public hearings in an expeditious manner consistent
with the law and process all Discretionary Actions and Discretionary Approvals in an
expeditious manner.
Compliance Review.
(a) Periodic Review. Pursuant to Government Code section 65865.1, the City
Manager or his or her designee shall, not less than once in every twelve (12) months, review the
Project and this Agreement to ascertain whether or not the Property Owner is in full compliance
with the terms of the Agreement (the "Periodic Review").
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(b) Review Procedure. During a Periodic Review, the Property Owner shall
provide information reasonably requested by the City Manager or his or her designee that the
Project is being developed in good faith compliance with the terms of this Agreement. If, as a
result of a Periodic Review, the City finds and determines on the basis of substantial evidence
that the Property Owner has not complied in good faith with the terms or conditions of this
Agreement, the City shall issue a written "Notice of Non -Compliance" to the Property Owner
specifying the grounds therefore and all facts demonstrating such non-compliance. The Property
Owner's failure to cure the alleged non-compliance within sixty (60) days after receipt of the
notice, or, if such noncompliance is not capable of being cured within sixty (60) days, the
Property Owner's failure to initiate all actions required to cure such non-compliance within sixty
(60) days after receipt of the notice and completion of the cure of such non-compliance within
one hundred twenty (120) days, shall constitute a default under this Agreement on the part of the
Property Owner and shall constitute grounds for the termination of this Agreement by the City as
provided for below. If requested by the Property Owner, the City agrees to provide to the
Property Owner a certificate that the Property Owner is in compliance with the terms of this
Agreement, provided the Property Owner reimburses the City for all reasonable and direct costs
and fees incurred by the City with respect thereto.
(c) Termination or Modification for Non -Compliance. Pursuant to
Government Code section 65865.1, if the City Council finds and determines, on the basis of
substantial evidence, that the Property Owner has not.complied in good faith with the terms or
conditions of this Agreement, the City Council may modify or terminate this Agreement. Any
action by the City with respect to the termination or modification of this Agreement shall comply
with the notice and public hearing requirements of Government Code section 65867 in addition
to any other notice required by law. Additionally, the City shall give the Property Owner written
notice of its intention to terminate or modify this Agreement and shall grant the Property Owner
a reasonable opportunity to be heard on the matter and to oppose such termination or
modification by the City.
9. Modification, Amendment, Cancellation or Termination.
9.1. Amendment and Cancellation. Pursuant to Government Code
section 65868, this Agreement may be amended or canceled, in whole or in part, by mutual
written consent of the City and the Property Owner or their successors in interest. Public notice
of the parties' intention to amend or cancel any portion of this Agreement shall be given in the
manner provided by Government Code section 65867. Any amendment to the Agreement shall
be subject to the provisions of Government Code section 65867.5.
9.2. Modification. The City Planning Director, with the consent of the
Property Owner, may make minor modifications to the Agreement without the need for formal
action by the City's Planning Commission or City Council as long as such modifications do not
alter the Term of this Development Agreement, the permitted uses, density or intensity of uses,
the maximum height or size of buildings, provisions for reservations or Dedication of land,
conditions, terms, restrictions and requirements relating to Subsequent Discretionary Actions and
Approvals, and monetary contributions by the Property Owner.
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10. Defaults, Notice and Cure Periods, Events of Default and Remedies.
10.1. Default By the Property Owner.
10.1.1. Default. If the Property Owner does not perform its
obligations under this Agreement in a timely manner, the City may exercise all rights and
remedies provided in this Agreement, provided the City shall have first given written notice to
the Property Owner as provided in Paragraph 15(a) hereof.
10.1.2. Notice of Default. If the Property Owner does not perform its
obligations under this Agreement in a timely manner, the City through the City Manager may
submit to the Property Owner a written notice of default in the manner prescribed in
Paragraph 15(a) identifying with specificity those obligations of the Property Owner under this
Agreement which have not been timely performed. Upon receipt of any such written notice of
default, the Property Owner shall promptly commence to cure the identified default(s) at the
earliest reasonable time after receipt of any such written notice of default and shall complete the
cure of any such default(s) no later than sixty (60) days after receipt of any such written notice of
default, or if such default(s) is not capable of being cured within sixty (60) days, no later than
one hundred twenty (120) days after receipt of any such written notice of default, provided the
Property Owner commences the cure of any such default(s) within such sixty (60) day period and
thereafter diligently pursues such cure at all times until any such default(s) is cured.
10.1.3. Failure to Cure Default Procedure. If after the cure period
provided in Paragraph 10.1.2 has elapsed, the City Manager finds and determines the Property
Owner, or its successors, transferees and/or assignees, as the case may be, remains in default and
that the City intends to terminate or modify this Agreement, or those transferred or assigned
rights and obligations, as the case may be, the City's Planning and Building Director shall make a
report to the Planning Commission and then set a public hearing before the Planning
Commission in accordance with the notice and hearing requirements of Government Code
sections 65867 and 65868. If after public hearing, the Planning Commission finds and
determines, on the basis of substantial evidence, that the Property Owner, or its successors,
transferees and/or assigns, as the case may be, has not cured a default under this Agreement
pursuant to this Paragraph 10, and that the City shall terminate or modify this Agreement, or
those transferred or assigned rights and obligations, as the case may be, the Property Owner, and
its successors, transferees and/or assigns, shall be entitled to appeal that finding and
determination to the City Council. Such right of appeal shall include, but not be limited to, an
objection to the manner in which the City intends to modify this Agreement if the City intends as
a result of a default of the Property Owner, or one of its successors or assigns, to modify this
Agreement. In the event of a finding and determination that all defaults are cured, there shall be
no appeal by any person or entity. Subject to Paragraph 4(a) above, nothing in this Paragraph 10
or this Agreement shall be construed as modifying or abrogating the City Council's review of
Planning Commission actions or limiting the City's rights and remedies available at law or in
equity, which shall include (without limitation) compelling the specific performance of the
Property Owner's obligations under this Agreement.
12-3446/84272 -9-
10.1.4. Termination or Modification of Agreements. The City may
terminate or modify this Agreement, or those transferred or assigned rights and obligations, as
the case may be, after such final determination of the City Council or, where no appeal is taken,
after the expiration of the applicable appeal periods described herein. There shall be no
modifications of this Agreement unless the City Council acts pursuant to Government Code
sections 65967.5 and 65868, irrespective of whether an appeal is taken as provided herein.
10.1.5. Lender Protection Provisions.
10.1.5.1. Notice of Default. In addition to the notice
provisions set forth in Paragraph 15(a)(2), the City shall send a copy of any notice of default sent
to the Property Owner or any of its successors or assigns to any lender that has made a loan then
secured by a deed of trust against the Property, or a portion thereof, provided such lender shall
have (a) delivered to the City written notice in the manner provided in Paragraph 15(a) of such
lender's election to receive a copy of any such written notice of default and (b) provided to the
City a recorded copy of any such deed of trust. Any such lender that makes a loan secured by a
deed of trust against the Property, or a portion thereof, and delivers a written notice to the City
and provides the City with a recorded copy of any such deed of trust in accordance with the
provisions of this Paragraph 10.1.5.1 is herein referred to as a "Qualified Lender."
10.1.5.2. Rilzht of a Qualified Lender to Cure a Default.
The City shall send a written notice of any Property Owner default to each Qualified Lender.
From and after receipt of any such written notice of default, each Qualified Lender shall have the
right to cure any such default within the same cure periods as provided to the Property Owner
hereunder. If the nature of any such default is such that a Qualified Lender cannot reasonably
cure any such default without being the owner of the Property, or the applicable portion thereof,
(as reasonably determined by the City), then so long as the Qualified Lender(s) is (are) diligently
proceeding (as reasonably determined by the City) to foreclose the lien of its deed of trust against
the owner of the Property, or the applicable portion thereof, and after completing any such
foreclosure promptly commences the cure of any such default and thereafter diligently pursues
the cure of such default to completion, then such Qualified Lender shall have an additional one
hundred twenty (120) days following such foreclosure to cure any such default.
10.1.5.3. Exercise of the City's Remedies.
Notwithstanding any other provision of this Agreement, the City shall not exercise any right or
remedy to cancel or amend this Agreement during any cure period.
10.2. Default by the City.
10.2.1. Default. In the event the City does not accept, process or
render a decision in a timely manner on necessary development permits, entitlements, or other
land use or building approvals for use as provided in this Agreement upon compliance with the
requirements therefore, or as otherwise agreed to by the City and the Property Owner, or the City
otherwise defaults under the provisions of this Agreement, subject to Paragraph 10.3, the
Property Owner shall have all rights and remedies provided herein or by applicable law, which
shall include compelling the specific performance of the City's obligations under this Agreement
provided the Property Owner has first complied with the procedures in Paragraph 10.2.2.
12-3446/84272 -10-
10.2.2. Notice of Default. Prior to the exercise of any other right or
remedy arising out of a default by the City under this Agreement, the Property Owner shall first
submit to the City a written notice of default stating with specificity those obligations which
have not been performed under this Agreement. Upon.receipt of the notice of default, the City
shall promptly commence to cure the identified default(s) at the earliest reasonable time after
receipt of the notice of default and shall complete the cure of such default(s) no later than thirty
(30) days after receipt of the notice of default, or such longer period as is reasonably necessary to
remedy such default(s), provided the City shall continuously and diligently pursue each remedy
at all times until such default(s) is cured. In the case of a dispute as to whether the City is in
default under this Agreement or whether the City has cured the default, or to seek the
enforcement of this Agreement, the City and the Property Owner may submit the matter to
negotiation/mediation pursuant to Paragraph 15(o) of this Agreement.
10.3. Monetary Damages. The Property Owner and the City acknowledge that
neither the City nor the Property Owner would have entered into this Agreement if either were
liable for monetary damages under or with respect to this Agreement or the application thereof.
Both the City and the Property Owner agree and recognize that, as a practical matter, it may not
be possible to determine an amount of monetary damages which would adequately compensate
the Property Owner for its investment of time and financial resources in planning to arrive at the
kind, location, intensity of use, and improvements for the Project, nor to calculate the
consideration the City would require to enter into this Agreement to justify such exposure.
Therefore, the City and the Property Owner agree that neither shall be liable for monetary
damages under or with respect to this Agreement or the application thereof and the City and the
Property Owner covenant not to sue for or claim any monetary damages for the breach of any
provision of this agreement. This foregoing waiver shall not be deemed to apply to any fees or
other monetary amounts specifically required to be paid by the Property Owner to the City
pursuant to this Agreement, including, but not limited to, any amounts due pursuant to
Paragraph 15(g) and 15(m). The foregoing waiver shall also not be deemed to apply to any fees
or other monetary amounts specifically required to be paid or credited by the City to the Property
Owner pursuant to this Agreement, including, but not limited to any fee credits specifically
required to be credited by the City to the Property Owner or its assignee(s).
11. Administration of Agreement and Resolution of Disputes. The Property
Owner shall at all times have the right to appeal to the City Council any decision or
determination made by any employee, agent or other representative of the City concerning the
Project or the interpretation and administration of this Agreement. All City Council decisions or
determinations regarding the Project or the administration of this Agreement shall also be subject
to judicial review pursuant to Code of Civil Procedure section 1094.5, provided that, pursuant to
Code of Civil Procedure section 1094.6, any such action must be filed in a court of competent
jurisdiction not later than ninety (90) days after the date on which the City Council's decision
becomes final. In addition, in the event the Property Owner and the City cannot agree whether a
default on the part of the Property Owner, or any of its successors or assigns, under this
Agreement exists or whether or not any such default has been cured, then the City or the
Property Owner may submit the matter to negotiation/mediation pursuant to Paragraph 15(o).
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12. Recordation of this Amennent. Pursuant to Government Code section 65868.5,
the City Clerk shall record a copy of this Agreement in the Official Records of the County within
ten (10) days after the mutual execution of this Agreement.
13. Constructive Notice and Acceptance. Every person or entity who now or
hereafter owns or acquires any right, title or interest in or to any portion of the Property is, and
shall be, conclusively deemed to have consented and agreed to every provision contained herein,
whether or not any reference to this Agreement is contained in the instrument by which such
person acquired an interest in the Property.
14. No Third Party Beneficiaries. This Agreement is made and entered into for the
sole protection and benefit of the City and the Property Owner and their respective successors
and assigns. No other person or entity shall have any right of action based upon any provision of
this Agreement.
15. Miscellaneous.
(a) Notices. All notices which are allowed or required to be given hereunder
shall be in writing and (1) shall be deemed given and received when personally delivered or
(2) shall be sent by registered or certified mail or overnight mail service, addressed to the
applicable designated person by one party to the other in writing, and shall be deemed received
on the second business day after such mailing.
If to the City:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: City Manager
Tel. No.: (714) 536-5575
Fax No.: (714) 536-5233
If to the Property Owner:
Red Oak Investments
2101 Business Center Drive, Suite 230
Irvine, CA 92612
Attn: Alex Wong
Tel. No.: (714) 342-2502
Fax No.: (949) 733-2005
Archstone Huntington Beach College Park LLC
3 MacArthur Place, 6th Floor
Santa Ana, CA 92707-5902
Attn: Ken Keefe
Tel. No.: (714) 689-7014
Fax No.: (714) 460-8571
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Archstone Huntington Beach College Park LLC
c/o Archstone
9200 East Panorama Circle, Suite 400
Englewood, CO 80112
Attn: Michael Shomo
Tel. No.: (303) 708-6954
Fax No.: (720) 873-6358
Allen Matkins
Three Embarcadero Center, 12th Floor
San Francisco, California 94111-4074
Attn: Sonia J. Ransom
Tel. No.: (415) 837-1515
Fax No.: (415) 837-1516
(b) Severability. If any part of this Agreement is declared invalid for any
reason, such invalidity shall not affect the validity of the remainder of the Agreement unless the
invalid provision is a material part of the Agreement. The other parts of this Agreement shall
remain in effect as if this Agreement had been executed without the invalid part. In the event
any material provision of this Agreement is determined to be invalid, void or voidable, the City
or the Property Owner may terminate this Agreement.
(c) Entire Agreement; Conflicts. This Agreement represents the entire
agreement between the City and the Property Owner with respect to the subject matter hereof
and supersedes all prior agreements and understandings, whether oral or written, between the
City and the Property Owner with respect to the matters contained in this Agreement. Should
any or all of the provisions of this Agreement be found to be in conflict with any other provision
or provisions found in the Applicable Rules or the Subsequent Applicable Rules, then the
provisions of this Agreement shall govern and prevail.
(d) Further Assurances. The City and the Property Owner agree to perform,
from time to time, such further acts and to execute and deliver such further instruments
reasonably to effect the intents and purposes of this Agreement, provided that the intended
obligations of the City and the Property Owner are not thereby modified.
(e) Inurement and Assignment. This Agreement shall inure to the benefit of
and bind the successors and assigns of the City and the Property Owner, may be assigned by
either the City or the Property Owner to any party or parties purchasing all or any part of the
Property, or any interest therein pursuant to the provisions of this Paragraph 15(e). The specific
rights and obligations of this Agreement shall be deemed covenants running with the land that
concern and affect the Property Owner's interest in the Property. Prior to the Property Owner's
assignment of any rights, duties or obligations under this Agreement, the Property Owner shall
present such information required by the City in its commercially reasonable discretion to
demonstrate to the City's satisfaction that the proposed successor and/or assignee has the
financial ability and experience to fulfill those specific rights, duties and obligations under the
Agreement that the successor and/or assignee would assume. The City shall have the right to
approve the proposed successor and/or assignee, provided that the City's approval may not be
12-3446/84272 -13-
unreasonably withheld, conditioned or delayed. The provisions of this Paragraph 15(e) shall be
self-executing and shall not require the execution or recordation of any further document or
instrument. The City's approval rights over a successor or assignee of the Property Owner shall
terminate upon issuance of the final inspection for the project.
(f) Negation of Agency. The City and the Property Owner acknowledge that,
in entering into and performing under this Agreement, each is acting as an independent entity
and not as an agent of the other in any respect. Nothing contained herein or in any document
executed in connection herewith shall be construed as making the City and the Property Owner
joint venturers, partners or employer/employee.
(g) Attorney's Fees. In the event of any claim, dispute or controversy arising
out of or relating to this Agreement, including an action for declaratory relief, the prevailing
party in such action or proceeding shall not be entitled to recover its court costs and reasonable
out-of-pocket expenses.
(h) Waiver. No waiver of any provision of this Agreement shall be effective
unless in writing and signed by a duly authorized representative of the parry against whom
enforcement of a waiver is sought.
(i) Force Majeure. Performance by either party hereunder shall not be
deemed to be in default where delays or defaults are due to one or more of the following events,
providing that any one or more of such event(s) actually delays or interferes with the timely
performance of the matter to which it would apply and despite the exercise of diligence and good
business practices and such event(s) are beyond the reasonable control of the party claiming such
interference: war, terrorism, terrorist acts, insurrection, strikes, lock -outs, unavailability in the
marketplace of essential labor, tools, materials or supplies, failure of any contractor,
subcontractor, or consultant to timely perform (so long as the Property Owner is not otherwise in
default of any obligation under this Agreement and is exercising commercially reasonable
diligence of such contractor, subcontractor or consultant to perform), riots, floods, earthquakes,
fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight
embargoes, lack of transportation, governmental restrictions or priority, a Recession or unusually
severe weather. An extension of time for any such cause (a "Force Majeure Delay") shall be for
the period of the enforced delay and shall commence to run from the time of the commencement
of the cause, if notice by the party claiming such extension is sent to the other party within thirty
(30) days of actual knowledge of the commencement of the cause. Notwithstanding the
foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until
the party claiming such delay and interference delivers to the other parry written notice
describing the event, its cause, when and how such parry obtained knowledge, the date and the
event commenced, and the estimated delay resulting therefrom.
0) Paragraph Readings. The paragraph headings contained in this
Agreement are for convenience and identification only and shall not be deemed to limit or define
the contents to which they relate.
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(k) Time of Essence. Time is of the essence of this Agreement, and all
performances required hereunder shall be completed within the time periods specified. Any
failure of performance shall be deemed as a material breach of this Agreement.
(1) Counterparts. This Agreement and any modifications hereto may be
executed in any number of counterparts with the same force and effect as if executed in the form
of a single document.
(m) Indemnification. The Property Owner agrees, as a condition of approval
of this Agreement, to indemnify, defend and hold harmless at the Property Owner's expense, the
City, the City Council, and the City's agents, officers and employees from and against any claim,
action or proceeding to attack, review, set aside, void or annul the approval of this Agreement to
determine the reasonableness, legality or validity of any provision hereof or obligation contained
herein. The Property Owner also agrees to indemnify the City, the City Council, and the City's
officials, agents and employees for any claims, acts or proceedings relating to the Property
Owner's failure to comply with the Project's affordable housing requirements.
The indemnity described in this section is not subject to the provisions of paragraph 4.a.
providing that obligations cease if the Project does not go forward; provided, however, that the
indemnity described in the first sentence of this section shall terminate when the applicable
statute of limitations for the legal challenges described therein terminates.
The City shall promptly notify the Property Owner of any such claim, action or
proceeding of which the City receives notice, and the City will cooperate fully with the Property
Owner in the defense thereof. The Property Owner shall provide a defense to the City with
counsel reasonably selected by the Property Owner and the City to defend both the City and the
Property Owner, and shall reimburse the City for any court costs which the City may be required
to pay as a result of any such claim, action or proceeding. The City may, in its sole discretion,
participate in the defense of any such claim, action or proceeding at its own expense, but such
participation shall not relieve the Property Owner of the obligations of this Paragraph 15(m).
(n) Hold Harmless Agreement. The City and the Property Owner mutually
agree to, and shall hold each other and each of the other's elective and appointed councils,
boards, commissions, directors, officers, partners, agents, representatives and employees
harmless from any liability for damage or claims for personal injury, including death, and from
claims for property damage which may arise from the activities of the other or the other's
contractors, subcontractors, agents, or employees which relate to the Project whether such
activities be by the City or the Property Owner, or by any of the City's or the Property Owner's
contractors, subcontractors, or by any one or more persons indirectly employed by, or acting as
agent for the Property Owner, any of the Property Owner's or the City's contractors or
subcontractors. The City and the Property Owner agree to and shall defend the other and each of
the other's elective and appointive councils, boards, directors, commissioners, officers, partners,
agents, representatives and employees from any suits or actions at law or in equity for damage
caused or alleged to have been caused by reason of the aforementioned activities which relate to
the Project.
12-3446/84272 -15-
(o) Alternative Dispute Resolution Procedure.
(1) Dispute. If a dispute arises concerning whether the City or the
Property Owner or any of the Property Owner's successors or assigns is in default under this
Agreement or whether any such default has been cured or whether or not a dispute is subject to
this Paragraph (a "Dispute"), then such dispute shall be subject to negotiation between the parties
to this Agreement, and if then not resolved shall be subject to non -binding mediation, both as set
forth below, before either parry may institute legal proceedings.
(2) Negotiation. If a Dispute arises, the parties agree to negotiate in
good faith to resolve the Dispute. If the negotiations do not resolve the Dispute to the reasonable
satisfaction of the parties within 15 days from a written request for a negotiation, then each parry
shall give notice to the other party identifying an official or executive officer who has authority
to resolve the Dispute to meet in person with the other party's designated official or executive
officer who is similarly authorized. The designated persons identified by each party shall meet
in person for one day within the 20-day period following the expiration of the 15-day period and
the designated persons shall attempt in good faith to resolve the Dispute. If the designated
persons are unable to resolve the Dispute, then the Dispute shall be submitted to non -binding
mediation.
(3) Mediation.
(i) Within 15 days following the designated persons' meeting
described in paragraph 15(o)(2), above, either party may initiate non -binding mediation (the
"Mediation"), conducted by Judicial Arbitration & Mediation Services, Inc. ("JAMS") or other
agreed upon mediator. Either party may initiate the Mediation by written notice to the other
party.
(ii) The mediator shall be a retired judge or other mediator,
selected by mutual agreement of the parties, and if they cannot agree within 15 days after the
Mediation notice, the mediator shall be selected through the procedures regularly followed by
JAMS. The Mediation shall be held within 15 days after the Mediator is selected, or a longer
period as the parties and the mediator mutually decide.
(iii) If the Dispute is not fully resolved by mutual agreement of
the parties within 15 days after completion of the Mediation, then either party may institute legal
proceedings.
(iv) The parties shall bear equally the cost of the mediator's fees
and expenses, but each parry shall pay its own attorneys' and expert witness fees and any other
associated costs.
(4) Preservation of Rights. Nothing in this Paragraph shall limit a
parry's right to seek an injunction or restraining order from a court in circumstances where such
equitable relief is deemed necessary by a party to preserve such party's rights.
(p) Reference of California Law. Unless expressly stated to the contrary, all
references to statutes herein are to the California codes.
12-3446/84272 -16-
(q) Interpretation. The language in all parts of this Agreement shall in all
cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for
or against any party. The parties hereto acknowledge and agree that this Agreement has been
prepared jointly by the parties and has been the subject of arm's length and careful negotiation
over a considerable period of time, that each party has independently reviewed this Agreement
with legal counsel, and that each party has the requisite experience and sophistication to
understand, interpret and agree to the particular language of the provisions hereof. Accordingly,
in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this
Agreement shall not be interpreted or construed against the party preparing it, and instead other
rules of interpretation and construction shall be utilized.
IN WITNESS WHEREOF, the City and the Property Owner have each executed this
Agreement as of the date first written above.
ARCHSTONE HUNTINGTON BEACH
COLLEGE PARK LLC, a Colorado
limited liability company
By: 4,4z�
64T-h-18- H . GPPEZ D,4 4 CK
print name
ITS: (circle one) Chairman/Presiden ice President
AND
CITY OF HUNTINGTON BEACH,
APPROVED AS TO FORM:
B C C
print name City Att(Y1 v
ITS:
Asst. Secretary
Thomas S. Reif INITIATE D APPROVED:
,assistant Secretary
Director of Planning and Building
REVIEWED AND APPROVED
City Manager
12-3446/84272 -17-
ALL-PURPOSECALIFORNIA
ENT
•" i
State of California
County of t�tY1
0nS�e.M�r 10�,piZ before me, A a& i't 14nic+►'1
Date Here Insert Name and Title of the Officer
personally appeared
KALI GOGLANIAN
Commission # 1924860
-d` Notary Public - California
zOrange County
My Comm. Expires Mar 9, 2015
Place Notary Seal Above
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 ha d and official eal.
Sign �
Sig to of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Ili
Number of Pages: C,79-
Signer's Name: CAI r Na 4. EapcWewt� Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General .
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
R,IGHTTiHUMBPRINT
_ OF'SIGNEB
.p of thumb here
02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402-Chatsworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827
ACKNOWLEDGEMENT
STATE OF COLORADO
COUNTY OF ARAPAHOE
On this % day of�the year��, before me,
j 0aw '1 j, tin-, , personally
appeared 7&"nI'2 s S , '& /
personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity,
and that his signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
(J" /6l - (.Lln4v-
N4ary Public
My commission expires Qf D aD /
Seal
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On October 16, 2012, before me, P. L. Esparza, Notary Public, personally
appeared Joan L. Flynn and Ronald F. Hansen, Jr. who proved to me on the
basis of satisfactory evidence to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the persons, or
the entity upon behalf of which the persons 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.
P. L. ESPARZA
WITNESS my hand and official seal. Commission # 1857021
i :'� . Notary Public - California Z
Z Orange County
My Comm. Expires Aug 4, 2013
(Seal)
(Notary Signatu
j"oyjjq.WA
LEGAL DESCRIPTION
PARCEL 1, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 211, PAGES 25 AND 26 OF
PARCEL MAPS, RECORDS OF ORANGE, COUNTY, CALIFORNIA.
EXCEPTING THEREFROM A PORTION THEREOF 50% OF A 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 SUCH 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 SUCII
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 HEREOF, 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, IN DEED RECORDED OCTOBER 1, 1959, IN BOOK 4907, PAGE 389 OF
OFFICIAL RECORDS, CHARLES H. THATCHER AND TITLE INSURANCE AND TRUST
COMPANY, A CALIFORNIA CORPORATION, ALL AS TRUSTEES 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.
ALSO EXCEPTING FROM THAT PORTION THEREOF LYING BELOW A DEPTH OF 500
FEET MEASURED VERTICALLY_ FROM THE CONTOUR OF THE SURFACE WITHOUT,
HOWEVER, THE RIGHT OF ANY PURPOSE WHATSOEVER TO ENTER UPON, INTO
OR THROUGH THE SURFACE OF SAID PROPF_.RTY OR ANY PAR1' THEREOF LYING
BETWEEN SAID SURFACE OF 500 FEET BELOW SAID SURFACE, AS EXCEPTED IN
THE GRANT DEED FROM SOUTHERN PACIFIC TRANSPORTATION COMPANY
RECORDED JUNE 30, 1986 AS INSTRUMENT NO. 86-277355 OF OFFICIAL RECORDS.
EXHIBIT B
This Document was electronically recorded by
City of Huntington Beach
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Attention: City Clerk
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
1 111111111111111111111111111111111111111111111111111111111111IN0 FEE
2012000632650 10:29am 10/17/1.2
65 404 Al2 13
0.00 0.00 0.00 0.00 36.00 0.00 0.00 0.00
(Space Above For Recorder's Use)
AFFORDABLE HOUSING AGREEMENT RESTRICTIONS —RENTAL
(DECLARATION OF CONDITIONS, COVENANTS
AND RESTRICTIONS FOR PROPERTY)
This Affordable Housing Agreement and Declaration of Conditions, Covenants and
Restrictions for Property (the "Declaration") is made as of /:�5— ,
2012, by and between ARCHSTONE HUNTINGTON BEACH COLLEGE PARK LLC, a
Colorado limited liability company (the "Property Owner" or "Covenantor") and THE
HOUSING AUTHORITY OF THE CITY OF HUNTINGTON BEACH, a California municipal
corporation (the "Housing Authority" or "Covenantee").
RECITALS:
A. Property Owner is the owner of record of that certain real property located at
7302-7400 Center Avenue (the "Subject Property"), in the City of Huntington Beach, County of
Orange, State of California legally described in the attached "Exhibit A."
B. The Property Owner seeks to develop a project on the Property consisting of 384
dwelling units, and approximately 7,000 square feet of resident recreation area, lobby and leasing
office area. The project also includes approximately 10,000 square feet of commercial/retail
uses, as more particularly set forth in the Development Plan (collectively, the "Project")
approved by Conditional Use Permit ("CUP") 07-043, attached as Exhibit B and incorporated
herein, all in accordance with the General Plan, as it may be amended from time to time (the
"General Plan") adopted by the City Council of the City (the "City Council"), the Zoning Code
and CUP 07-043.
C. The City imposed conditions of approval on the Project, in part that the Property
Owner provide affordable housing. As part of the plan to provide affordable housing, the City
and the Property Owner entered into a Development Agreement which requires as a condition
that an Affordable Housing Agreement be executed requiring the Property Owner to provide
affordable rental units for a certain period of time. Specifically, the Property Owner is required
to/has agreed to provide 39 units within the Project available for rent to households earning
Moderate -Income (as that term is defined in the Development Agreement) for a period of 55
12-3446/84271
This doaurient is solely for the adra9
busi"M of the City of HundngW
@each, as contemplated under
®overreroant Code Sec. 6103 and
should b s recorded free of charge.
years as further defined herein. The execution and recordation of this Declaration is intended to
fully satisfy that condition.
NOW, THEREFORE, the parties hereto agree and covenant as follows:
1. Affordability Covenants. Covenantor agrees for itself and its successors and
assigns, and every successor to Covenantor's interest in the affordable unit, or any part thereof
that the Project approved by CUP 07-043 located at 7302-7400 Center Avenue, which consists of
384 units, 39 of which shall be designated as affordable and shall be held subject to this
Declaration for fifty-five years from the date final inspection has been approved by the City as
follows:
(a) Qualified Households. Covenantor agrees to make available, restrict
occupancy to, and to lease 39 units for the duration of the Affordability Period as defined herein.
These 39 units may sometimes be referred to as an "Affordable Unit" or, collectively, the
"Affordable Units." Each Affordable Unit shall be occupied by Moderate -Income Households
as that term is defined in the Development Agreement adjusted for the actual number of persons
in the Household that will reside in the Affordable Unit.
As used in this Declaration, the term "Household" shall mean one or more persons,
whether or not related, living together in an Affordable Unit that rent or lease any portion of the
Affordable Unit.
As used in this Declaration, the term "Covenantor" shall mean the Property Owner, its
successors and assigns, and every successor to the Property Owner's interest in the Project, or
any part thereof.
(b) Duration. The term of this agreement shall commence on the date that
the Final Inspection for the twentieth affordable unit is approved by the City and will continue
for 55 years thereafter ("Affordability Period"). The covenant contained in this Section 1 shall
run with the Project and shall automatically terminate and be of no further force or effect upon
the expiration of the Affordability Period.
(c) Income Qualification. Prior to the lease of an Affordable Unit to any
Household, Covenantor shall submit to the Covenantee a completed income computation and
certification form, in such form as is generally used by City in administering its affordable
housing program as may be amended from time to time. Covenantor shall certify that, to the best
of its knowledge, each Household is a Moderate -Income Household that meets the eligibility
requirements established for the particular Affordable Unit occupied by such Household.
Covenantor shall obtain an income certification from each adult member of the Household and
shall certify that, to the best of Covenantor's knowledge, the income of the Household is
truthfully set forth in the income certification form. Furthermore the Covenantor shall, on
renewal of the annual lease for the particular Affordable Unit, again obtain income certification
from each adult member of the Household and submit to the Covenantee a recertification form
that shall certify, to the best of Covenantor's knowledge, each Household is a Moderate -Income
Household that meets the eligibility requirements established for the particular Affordable Unit
12-3446/84271 -2-
occupied by such Household. Covenantor shall verify the income certification of the Household
in one or more of the following methods:
(1) Obtain two (2) paycheck stubs from two (2) most recent pay
periods for each adult member of the Household.
(2) Obtain a copy of an income tax return certified to be true and
complete for the most recent tax year in which a return was filed, for each adult member of the
Household.
(3) Obtain an income verification certification from the employer of
each adult member of the Household.
(4) Obtain an income verification certification from the Social
Security Administration and/or the California Department of Social Services if the Household
receives assistance from such agencies.
(5) Obtain an alternate form of income verification reasonably
requested by Covenantee, if none of the above forms of verification is available to Covenanter.
If, at the time of the annual lease renewal of an Affordable Unit to an eligible Household,
the Covenantor learns that Household's income increases above the income level permitted for
that unit, the Household shall continue to be permitted to reside in such Affordable Unit, for no
more than one year. Notwithstanding the foregoing, Covenantor, at the City's discretion, shall
have the option, in its commercially reasonable discretion, to designate another dwelling unit as
an Affordable Unit during that one year period so that the Household may continue to occupy a
unit in the Project, if the Household and the Covenantor so agree.
(d) Determination of Affordable Rent for the Affordable Units. The rent
for each Affordable Unit (the "Affordable Rent") shall be adjusted annually by the following
formula established by California Health and Safety Code Section 50053 upon the publication of
the revised Area Median Income. This methodology sets the moderate income rent at 1/12 of
thirty percent (30%) of one -hundred ten percent_ (110%) of the Area Median Income adjusted for
family size appropriate to the unit. As used herein, for the purpose of calculating the Affordable
rent, "adjusted for family size appropriate to the unit" shall mean a household of one person in
the case of a studio Affordable Dwelling Unit, two persons in the case of a one -bedroom
Affordable Dwelling Unit, and a household of three persons in the case of a two -bedroom
Affordable Dwelling Unit. The income limits and Affordable Rents in effect as of the date of
this Agreement are attached hereto as Exhibit "C" and incorporated herein by this reference.
COVENANTOR UNDERSTANDS AND KNOWINGLY
AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO
BE ESTABLISHED BY THIS FORMULA ARE NOT
NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR
THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED
AT A LEVEL SUBSTANTIALLY BELOW THE FAIR
MARKET RENT LEVELS.
12-3446/84271 -3 -
COVENANTOR HEREBY AGREES TO RESTRICT THE
AFFORD ABLE UNITS ACCORDINGLY.
806
COVENANTOR'S INUMIS
In the event state law referenced herein is amended, the terms of this Agreement shall
automatically be amended to remain consistent with State law.
(e) Annual Report. Within sixty (60) days after the end of each calendar
year during the Affordability Period, Covenantor shall submit to Covenantee a report verifying
Covenantor's compliance with the provisions of this Declaration ("Annual Reporel.
Covenantor's final. Annual Report shall be submitted to Covenantee within sixty (60) days after
the end of the Affordability Period. Each Annual Report shall identify the location of the
Affordable Units for the applicable reporting period, the identity of each Household member
occupying an Affordable Unit during any portion of such period, the income and household size
of each such Household, the Affordable Rent for each of the Affordable Units, and the rent
actually charged pursuant to the lease or rental agreement. If Covenantee prescribes a particular
form to be utilized by Covenantor in.preparing the Annual Report; Covenantor shall utilize said
form, provided that it complies substantially with the foregoing requirements.
2. Non -Discrimination Covenants. Covenantor covenants by and for itself, its
successors and assigns, and all persons claiming under or through them that there shall be no
discrimination against or segregation of any person or group of persons on account of race, color,
religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital
status, handicap or disability, in the use, occupancy, tenure, or enjoyment of the Affordable Unit,
nor shall Covenantor itself or any person claiming under or through it, establish or permit any
such practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, subtenants, or vendees in the Affordable Unit.
Covenantor and its successors and assigns shall refrain from restricting the leasing of the
Affordable Unit on the basis of race, color, religion, sex, sexual orientation, creed, ancestry,
national or ethnic origin, age, family or marital status, handicap or disability, of any person. All
such leases shall contain or be subject to substantially the following nondiscrimination or
nonsegregation clause:
"The lessee herein covenants by and for himself or herself, his or her hens, executors,
administrators, and assigns, and all persons claiming under or through him or her, and this lease
is made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation of any
person or group of persons, on account of race, color, religion, sex,
sexual orientation, creed, ancestry, national or ethnic origin, age,
family or marital status, handicap or disability in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of
the premises herein leased nor shall the lessee himself or herself, or
any person claiming under or through him or her, establish or
permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use,
12-3446/94271 -4-
or occupancy of tenants, lessees, sublessees, subtenants, or vendees
in the premises herein leased."
3. Use Restrictions. During the Affordability Period, Covenantor shall be required
to take all reasonable steps necessary to ensure that each Household renting an Affordable Unit
has knowledge of all terms and conditions of this Declaration by including in each and every
lease and rental agreement a clause which incorporates this Declaration by reference and makes
this Declaration a part of an attachment to such lease or rental agreement. In addition, during the
Affordability Period, each lease or rental agreement for any of the Affordable Units shall contain
provisions that the Affordable Unit shall be occupied, used, and maintained as follows:
(a) The Affordable Unit shall be used only for private dwelling purposes, with
appurtenant facilities, and for no other purposes; provided, however, that home occupation
businesses conducted in compliance with the City's Municipal Code and other City regulations
shall be considered an appropriate use for private dwelling purposes;
(b) Household Size. The maximum number of persons that may occupy an
Affordable Unit shall be based on unit size:
Unit Size
Household Size
0 bedroom (studio)
2 persons
1 bedroom
3 persons
2 bedrooms
5 persons .
(c) the Household shall not permit or suffer anything to be done or kept upon
the premises which will increase the rate of insurance on any building, or on the contents thereof,
and shall not impair the structural integrity thereof obstruct or interfere with the rights of other
occupants, or annoy such occupants by unreasonable noises or otherwise, nor shall any
Household commit or permit any nuisance on the premises or fail to keep the premises free of
rubbish, clippings, and trash or commit or suffer any illegal act to be committed thereon;
(d) The Household shall not sublease any or all parts of the Affordable Unit
without prior written approval from Covenantor and Covenantee;
(e) The Household shall comply with all of the lawful requirements of all
governmental authorities with respect to the premises;
(f) No person shall be permitted to occupy the premises for transient or hotel
purposes; and
(g) The Household shall comply in all respects with this Declaration and any
failure by the Household to comply with the terms of this Declaration shall be a default under the
Household's lease or rental agreement.
12-3446/84271 -5-
4. Covenants for Benefit of Dousing Authority. All covenants without regard to
technical classification or designation shall be binding for the benefit of the Covenantee and such
covenants shall run in favor of Covenantee for the entire period during which time such
covenants shall be in force and effect. The Covenantee, in the event of any breach of any such
covenants, shall have the right to exercise all the rights and remedies and to maintain any such
action at law or suits in equity or other proper legal proceedings to enforce and to cure such
breach to which it or any other beneficiaries of these covenants may be entitled during the term
specified for such covenants, except the covenants against discrimination which may be enforced
at law or in equity at any time in perpetuity.
5. Binding on Successors and Assigns. The covenants and agreements established
in this Declaration shall, without regard to technical classification and designation, be binding on
Covenantor and any successor to Covenantor's right, title, and interest in and to all or any
portion of the Project, for the benefit of and in favor of the Housing Authority of the City of
Huntington Beach. All the covenants contained in this Declaration shall remain in effect for the
Affordability Period, and shall automatically terminate and be of no further force or effect after
such time. Upon expiration of the Affordability Period, Covenantee agrees to cooperate with
Covenantor, at no cost to Covenantee in removing this Declaration of record from the Subject
Property.
6. Counterparts. This Agreement may be executed in a number of counterparts,
each of which shall be an original, but all of which shall constitute one and the same document.
7. Notices. All notices which are allowed or required to be given hereunder shall be
in writing and (1) shall be deemed given and received when personally delivered or (2) shall be
sent by registered or certified mail or overnight mail service, addressed to the applicable
designated person by one party to the other in writing, and shall be deemed received on the
second business day after such mailing.
If to the Housing. Authority:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: City Manager
Tel. No.: (714) 536-5575
Fax No.: (714) 536-5233
If to the Property Owner:
Red Oak Investments
2101 Business Center Drive, Suite 230
Irvine, CA 92612
Attn: Alex Wong
Tel. No.: (714) 342-2502
Fax No.: (949) 733-2005
12-3446/84271 -6-
Archstone Huntington Beach College Park LLC
3 MacArthur Place, 6th Floor
Santa Ana, CA 92707-5902
Attn: Ken Keefe
Tel. No.: (714) 689-7014
Fax No.: (714) 460-8571
Archstone Huntington Beach College Park LLC
c/o Archstone
9200 East Panorama Circle, Suite 400
Englewood, CO 80112
Attn: Michael Shomo
Tel. No.: (303) 708-6954
Fax No.: (720) 873-6358
Allen Matkins
Three Embarcadero Center, 12th Floor
San Francisco, California 94111-4074
Attn: Sonia J. Ransom
Tel. No.: (415) 837-1515
Fax No.: (415) 837-1516
Applicable Law.
(a) If any provision of this Agreement or portion thereof, or the application of
any provision to any person or circumstances, shall to any extent be held invalid, inoperative, or
unenforceable, the remainder of this Agreement, or the application of such provision or portion
thereof to any other persons or circumstances, shall not be affected thereby and it shall not be
deeded that any such invalid provision affects the consideration for this Agreement; and each
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(b) This Agreement shall be construed in accordance with the laws of the
State of California and all applicable HUD Housing Quality Standards and City Codes.
[Signatures and Jurats to Follow]
12-3446/84271 -7-
IN WITNESS WHEREOF, the Covenantee and Covenantor have caused this instrument
to be executed on their behalf by their respective officers hereunto duly authorized as of the date
set forth above.
PROPERTY OWNER:
ARCHSTONE HUNTINGTON BEACH
COLLEGE PARK LLC, a Colorado
limit
C YND41 A- 14. EPRE-14 f U64
print name
ITS: (circle one) Chairman/Presiden ice President
AND
By:
pr' name
ITS:►
Asst. Secretary --T easarsr
COVENANTEE:
THE HOUSING AUTHORITY OF THE
CITY OF HUNTINGTON BEACH,
a California municipal corpoiption
irperson
City l rk/ Housing Authority
Clerk
APPROVED AS TO FORM:
City A o y / Housing uthority Counsel
n,g'Ll l02
Thomas S. Reif INITIATRD AND APPROVED:
Assistant Secrete
D&ctd of lanning and Building
REVIEWED AND APPROVED
City Manager/Executive Officer
12-3446/84271 -8-
ACKNOWLEDGMENT
State of California )
County of Oran )
Onber10, 21p t 2 , before me, Kali Gcnlcanian. IJ6-" l►'L/ 19ub1ie-
(insertname of notary)
1d
Notary Public, personally appeared �t1 rtf'hiCt E{ E;aUes -
who proved to me on the basis of satisfactory evidence to be the person( -whose name(8�'is/aro,
subscribed to the within instrument and acknowledged to me that�/"she/they executed the same
in l r/thair`authorized capacity4oR)-,and that by bier/their-signature(e)-on the instrument
the person(s-�,—or the entity upon behalf of which the persons -}-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. 5 KALI GOGLANIAN
Commission # 1924860
< -eia Notary Public - California
z Orange County
My Comm. Ex ires Mar 9, 2015 ~
SignaL�-(094uj-c-�Wibe
ACKNOWLEDGMENT
�o%rcc�ip
State of C-c�/� )
County of
On ��f*�,6je1- / �(%dZ , before me, .1,-Vo 1%1 4Z2--- le
(insert name of notary)
Notary Public, personally appeared 7 rsmr 5 S�
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.
7
[7
JOAN
M. (Seal)
s .,CARANNA;oOF C
SION EXP
12-3446/84271 -9-
ACKNOWLEDGMENT
STATE OF CALIFORNIA
ss
COUNTY OF ORANGE
On October 16, 2012, before me, P. L. Esparza, Notary Public, personally
appeared Joan L. Flynn and Donald F. Hansen, Jr. who proved to me on the
basis of satisfactory evidence to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the persons, or
the entity upon behalf of which the persons 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.
q�7
(Notary Sign e)
P. L. ESPARZA
Commission # 1857021
za
llotary Public - CaliforniaiZOrange County r
My Comm. Expires Aug 44
2013
(Seal)
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 211, PAGES 25 AND 26 OF
PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM A PORTION THEREOF 50% OF A 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 SUCH 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 HEREOF, 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, IN DEED RECORDED OCTOBER 1, 1959, IN BOOK 4907, PAGE 389 OF
OFFICIAL RECORDS, CHARLES H. THATCHER AND TITLE INSURANCE AND TRUST
COMPANY, A CALIFORNIA CORPORATION, ALL AS TRUSTEES 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.
ALSO EXCEPTING FROM THAT PORTION THEREOF LYING BELOW A DEPTH OF 500
FEET MEASURED VERTICALLY FROM THE CONTOUR OF THE SURFACE WITHOUT,
HOWEVER, THE RIGHT OF ANY PURPOSE WHATSOEVER TO ENTER UPON, INTO
OR THROUGH THE SURFACE OF SAID PROPERTY OR ANY PART' THEREOF LYING
BETWEEN SAID SURFACE OF 500 FEET BELOW SAID SURFACE, AS EXCEPTED IN
THE GRANT DEED FROM SOUTHERN PACIFIC TRANSPORTATION COMPANY
RECORDED JUNE 30, 1986 AS INSTRUMENT NO. 86-277355 OF OFFICIAL RECORDS.
EXHIBIT B
SITE PLAN
EXHIBIT C
2012 QUALIFYING INCOME AND RENT SCHEDULE
THE LOFTS APARTMENT PROJECT
HUNTINGTON BEACH, CALIFORNIA
I. 2012 Orange County Income Information
Household Size
HCD Median HUD Median
1 Person
$59,700
2 Persons
68,250
3 Persons
76,750
4 Persons
85,300 85,300
5 Persons
92,100
Household Income Limits as Defined by the California Health & Safety Code
Moderate Income
(Section 50093)
1 Person
$53,950 - $71,650
2 Persons
61,650 - 81,900
3 Persons
69,350 - 92,100
4 Persons
77,050 - 102,350
5 Persons
83,250 - 110,550
III. California Health & Safety Code Section 50053 Affordable Housing Cost Calculations
Moderate Income
Studio
1-Bdrm
2-Bdrm
Benchmark Household Size
1
2
3
% of HCD Median Income
110%
110%
110%
Household income for Rent Calculation
$65,670
$75,075
$84,425
% of Income Allotted to Gross Rent
30%
30%
30%
Allowable Gross Rent
$1,642
$1,877
$2,111
(Less) Utilities Allowance
28
39
47
Allowable Net Rent
$1,614
$1,838
$2,064
Based on utilities published by OCHA 10/1/2011. Includes Gas: Cooking, Heating, Water Heater. Electric: Basic.
Prepared by: Keyser Marston Associates, Inc.
He name: Lofts_Exh B_8_31_12; Inc —Rent
Ord. No. 3962
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 ordinance was read to said City Council at a Regular
meeting thereof held on October 15, 2012, and was again read to said City Council at a
Regular meeting thereof held on November 5, 2012, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
I, Joan L. Flynn, CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council, do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 15, 2012.
In accordance with the City Charter of said City
Joan L. Flynn, City Clerk
Senior Deputy City Clerk
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
ATTACHMENT #3
Item 14. - 45 xB -292-
I� City of Huntington Beach Planning and Building Department
STAFF.: PORT
H11h7�INGTON BEACH
TO: Planning Commission
FROM: Scott Hess, AICP, Director of Planning and Building
BY: Tess Nguyen, Associate Planner
DATE: September 25, 2012
SUBJECT: DEVELOPMENT AGREEMENT NO. 12-003 (ARCHSTONE HB LOFTS
DEVELOPMENT AGREEMENT)
APPLICANT: Archstone Apartments, 3 MacArthur Place, Suite 600, Santa Ana, CA 92707 and Red
Oak Investments, 2101 Business Center Drive, Suite 230, Irvine, CA 92612
PROPERTY
OWNER: Archstone Huntington Beach College Park LLC, 3 MacArthur Place, Suite 600, Santa
Ana, CA 92707
LOCATION: 7400 Center Avenue, Huntington Beach, CA 92647 (southeast corner of Center Avenue
and Gothard Street)
STATEMENT OF ISSUE:
• Development Agreement No. 12-003 represents a request for the following:
- To enter into a Development Agreement between the City of Huntington Beach and Archstone
Huntington Beach College Park LLC (developer) pursuant to approvals for the Archstone HB
Lofts Project, a 385 multi -family residential mixed use development including live/work units,
10,000 sq. ft. of retail, leasing office, resident fitness and recreation areas and public open space
(formerly known as The Ripcurl).
Staff recommends approval of Development Agreement No. 12-003 based upon the following:
- Consistency with the General Plan;
- Conforms to the provisions of Chapter 246 — Development Agreements of the Huntington Beach
Zoning and Subdivision Ordinance (HBZSO);
- Consistency with the approved Project and the Conditions of Approval and Mitigation Measures
adopted pursuant to Conditional Use Permit (CUP) No. 07-043 and Environmental Impact Report
(EIR) No. 07-004; and
- Ensures the mutually beneficial development of the approved project and serves the affordable
housing needs of the community by providing 39 on -site affordable housing units.
RECOMMENDATION:
Motion to:
"Approve Development Agreement No. 12-003 with findings for approval (Attachment No. 1) and
forward Draft Ordinance (Attachment No. 2) to the City Council for adoption."
HB -293- Item 14. - 46
9
mi
ALTERNATIVE ACTION(S):
The Planning Commission may take alternative actions such as:
A. "Deny Development Agreement No. 12-003 with findings for denial."
B. "Continue Development Agreement No. 12-003 and direct staff accordingly."
PROJECT PROPOSAL:
Development Agreement No. 12-003 represents a request to enter into a Development Agreement
between the City of Huntington Beach and Archstone Huntington Beach College Park LLC (developer)
pursuant to approvals for the Archstone HB Lofts Project. The Project is approved for 385 multi -family
apartment units, including live work units, 10,000 sq. ft. of retail space, a leasing office, resident fitness
and recreation areas and public open space.
The project, formerly known as The Ripeurl, was approved by the Planning Commission and the City
Council in 2008 under the Mixed Use -Transit Center District of the HBZSO. Therefore, the project is
subject to the affordable housing provisions of the HBZSO. The project has been delayed in pursuing
construction due to the downturn in the economy; however, the project applicant and developer are now
moving forward. Condition No. 4.a. requires an affordable housing agreement to be approved by the City
Council and recorded to provide for affordable dwelling units in accordance with the Huntington Beach
Zoning and Subdivision Ordinance (HBZSO).
ISSUES:
Subiect Property Land Use, Zoning, and General Plan Designations:
IBC i_�
.�.. ..-
tt ..
Subject Property
M-sp-d (Mixed Use —
SP-14 (Beach and
Vacant Commercial
Specific Plan Overlay —
Edinger Corridors
Center; Approved for
Design Overlay)
Specific Plan)
385 unit mixed use
project
North of Subject Property
M-sp-d
SP-14
Golden West
(across Center Avenue)
Transportation Center
South of the Subject
M-sp-d
SP-14
Vacant; Approved for
Property
487 unit multi -family
ro'ect
East of Subject Property
M-sp-d; CR-F2-sp-mu (F9)
SP-14;
Southern California
(Commercial Regional—
SP 13 (Bella Terra
Edison transmission
0.50 Floor Area Ratio—
Specific Plan)
towers; Costco (across
Specific Plan Overlay—
the Union Pacific
Mixed Use Overlay—(1.5
Railroad right-of-way)
Max. Floor Area Ratio
(Mixed Use)/0.5 Max. Floor
Area Ratio (Commercial)/25
du/ac))
West of Subject Property
P (RL) (Public —Low
PS (Public—
Golden West College
(across Gothard Street)
Density Residential)
Semipublic)
PC Staff Report — 09/25/12 3 (12sr37 DA 12-003 Archstone HB Lofts)
HB -295- Item 14. - 48
General Plan Conformance:
The General Plan land use designation is Mixed Use - Specific Plan Overlay - Design Overlay (M-sp-d).
The development agreement is consistent with the following General Plan goals and policies:
A. Housing Element
Goal H 2: Provide adequate housing sites to accommodate regional housing needs.
Goal H 3: Assist in development of affordable housing.
Policy H 3.1: Encourage the production of housing that meets all economic segments of the
community, including lower, moderate, and upper income households, to maintain a balanced
community.
B. Land Use Element
Goal LU2: Ensure that development is adequately served by transportation infrastructure, utility
infrastructure, and public services.
Policy LU 8.1.1: Accommodate land use development in accordance with the patterns and
distribution of use and density depicted on the Land Use Plan Map, in accordance with the
principles discussed below:
a. Not applicable
b. Vary uses and densities along the City's extended commercial corridors, such as Beach
Boulevard.
c. Increase diversification of community and local commercial nodes to serve adjacent
residential neighborhoods.
e. Intermix uses and densities in large-scale development projects.
f. Site development to capitalize upon potential long-term transit improvements.
g. Establish linkages among community areas, which may include pedestrian and
vehicular paths, landscape, signage, other streetscape elements, open space, transitions,
in form, scale, and density of development, and other elements.
Goal LU 9: Achieve the development of a range of housing units that provides for the diverse
economic, physical, and social needs of existing and future residents of Huntington Beach.
Goal LU 11: Achieve the development of projects that enable residents to live in proximity to
their jobs, commercial services, and entertainment, and reduce the need for automobile use.
The development agreement would ensure that the project is developed in accordance with the
approved project development plan, which provides a housing choice adjacent to an existing public
transit center and provides an alternative for residents seeking to be within walking distance of work,
services or commercial uses and reduce dependency on their automobile. The development agreement
would guarantee that the project provides 39 on -site affordable housing units. These units would help
the City to satisfy its affordable housing obligations while providing housing for moderate income
households.
PC Staff Renort — 09/25/12 4 (12sr37 DA 12-003 Archstone HB Lofts)
Item 14. - 49 HB -296-
Zoning Compliance:
The Archstone HB Lofts Project, as approved pursuant to Conditional Use Permit No. 07-043, is
consistent with the development standards and regulations of the Mixed Use —Transit Center District
standards that the project was approved pursuant to in 2008. Development Agreement No. 12-003
references the approved project and would ensure implementation of the project in accordance with the
conditions of approval and mitigation measures adopted for the project.
Urban Design Guidelines Conformance: Not Applicable.
Environmental Status:
The affordable housing requirement/agreement, which is executed via the proposed development
agreement, was included in the scope of the proposed project's Environmental Impact Report (EIR No.
07-004) certified by the City Council on November 10, 2008.
Environmental Board: Not Applicable.
Coastal Status: Not applicable.
Redevelopment Status: Not Applicable.
Design Review Board: Not applicable.
Subdivision Committee: Not applicable.
Other Departments Concerns and Requirements:_
Development Agreement No. 12-003 was drafted by the City Attorney's office in coordination with the
Planning Division and Economic Development Department. In addition, Development Agreement No.
12-003 is consistent with conditions approved for the project and applicable mitigation measures adopted
for EIR No. 07-004, which was reviewed by the Building Division and Fire, Police, Public Works,
Community Services and Economic Development Departments.
Public Notification:
Legal notice was published in the Huntington Beach Independent on September 13, 2012, and notices
were sent to property owners of record and occupants within a 500 ft. radius of the project site, interested
parties, and individuals/organizations that commented on the environmental document. As of September
18, 2012, no communications on Development Agreement No. 12-003 have been received.
Application Processinz Dates:
DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S):
Not Applicable
Not Applicable
Development Agreement No. 12-003 is required pursuant to approvals for Conditional Use Permit No.
07-043, which was approved by the City Council on November 10, 2008.
PC Staff Report-09/25/12 5 (12sr37 DA 12-003 Archstone RR T.nftc)
HB -297- Item 14. - 50
W. M.—M IM
When the Archstone HB Lofts Project was approved, Condition No. 4.a. required an affordable housing
agreement to be approved by the City Council and recorded to provide for affordable dwelling units in
accordance with the HBZSO. The proposed development agreement, which includes the affordable
housing agreement, complies with these. conditions.
Consistency with the HBZSO and General Plan
The City is authorized pursuant to California Government Code Section 65864 et.seq. and Chapter 246 of
the HBZSO to enter into binding development agreements with persons or entities owning legal interests
in real property located within the City. The objective of a development agreement is to provide
assurances that an applicant may proceed with a project in accordance with existing policies and standards
in place at the time of project approval. The City and developer desire to enter into a development
agreement for the subject site in order to achieve the mutually beneficial development of the property and
ensure that the project is developed in accordance with the approved project pursuant to Conditional Use
Permit No. 07-043.
The development agreement would be effective for five years and vests the developer's right to construct
the project pursuant to the terms of the agreement. Development Agreement No. 12-003 references the
project pursuant to Conditional Use Permit No. 07-043. In addition, the development agreement is
consistent with the General Plan land use designation for the site insofar as the approved project is
consistent with the General Plan land use designation. As discussed in the General Plan Conformance
Section of this report, the development agreement would conform to applicable goals and policies of the
General Plan.
Affordable Housing
The project is required to provide affordable housing in accordance with the HBZSO and conditions of
approval for the project. Of the 385 total units, the project will provide 39 affordable units on -site. The
39 affordable units would be made available to moderate income households for which the City has a
remaining need of 392 units for the 2008-2014 planning period. The development agreement stipulates
these requirements in addition to a 55-year affordability period and the timing for which the affordable
units shall be constructed. The development agreement also includes a separate affordable housing
agreement exhibit to be recorded, which further specifies details of the affordable units including income
requirements, household size and the timing for the affordability period to take effect.
SUMMARY:
Staff recommends approval of Development Agreement No. 12-003 because it would:
• Conform to applicable goals and policies of the General Plan;
• Conform to the provisions of Chapter 246 — Development Agreements of the Huntington Beach
Zoning and Subdivision Ordinance;
• Ensure development of the Archstone HB Lofts Project consistent with the conditions approved for
Conditional Use Permit (CUP) No. 07-043 and applicable mitigation measures adopted for EIR No.
07-004; and
• Provide for the construction of needed affordable housing in the City of Huntington Beach.
W' staff Report — 09/25/12 6 (12sr37 DA 12-003 Archstone HB Lofts)
Item 14. - 51 HB -298-
ATTACHMENTS:
1. Suggested Findings for Development Agreement No. 12-003 AYfa�Q +AHP H K 1 11Tf Ca TiP[TP�f�rHYY1PH�' e „(TYPPYH �nt�i��. Pt�"y'{a.t' z� �
^
2. Dr;] ct ; 1HaH6e �7 Candiliens of Approval
n3. tan]Yt e"Z`Vsi�"eY„StNf': t7-0t3o�t�Lyr r7
-MifigationMe-asu= A t�aGLt iryvc. v-\+ Mil . 4
9 . J uli3'i1
PC Staff Report — 09/25/12 7 (12sr37 DA 12-003 Aschsto— T-TR T nfts)
HB -299- Item 14. - 52
ATTACHMENT NO. 1
SUGGESTED FINDINGS FOR APPROVAL
DEVELOPMENT AGREEMENT NO. 12-003
SUGGESTED FINDINGS FOR CEOA:
The Planning Commission finds that the proposed development agreement, which executes the required
affordable housing agreement, is included in the scope of the proposed project's Environmental Impact
Report (EIR No. 07-004) certified by the City Council on November 10, 2008.
SUGGESTED FINDING FOR APPROVAL — DEVELOPMENT AGREEMENT NO.12-003:
The development agreement is consistent with the General Plan and Huntington Beach Zoning and
Subdivision Ordinance. Development Agreement No. 12-003 provides for the construction of the
Archstone HB Lofts Project, which complies with approved Conditional Use Permit No. 07-043 and was
found to conform to the goals and policies of the General Plan as approved by the City Council on
November 10, 2008. The development agreement ensures the construction of 39 affordable housing units
within the project in accordance with the provisions of the HBZSO for a 55-year period. The
development agreement is consistent with the following General Plan goals and policies:
A. Housing Element
Goal H 2: Provide adequate housing sites to accommodate regional housing needs.
Goal H 3: Assist in development of affordable housing.
Policy H 3.1: Encourage the production of housing that meets all economic segments of the
community, including lower, moderate, and upper income households, to maintain a balanced
community.
B. Land Use Element
Goal LU 2: Ensure that development is adequately served by transportation infrastructure, utility
infrastructure, and public services.
Policy LU &1.1: Accommodate land use development in accordance with the patterns and
distribution of use and density depicted on the Land Use Plan Map, in accordance with the
principles discussed below:
a. Not applicable
b. Vary uses and densities along the City's extended commercial corridors, such as Beach
Boulevard.
C. Increase diversification of community and local commercial nodes to serve adjacent
residential neighborhoods.
e. Intermix uses and densities in large-scale development projects.
f. Site development to capitalize upon potential long-term transit improvements.
PC Staff Reuort 07/10/ 12 Attachment No. 1.1
Item 14. - 53 1413 -300-
g. Establish linkages among community areas, which may include pedestrian and
vehicular paths, landscape, signage, other streetscape elements, open space, transitions, in
form, scale, and density of development, and other elements.
Goal LU 9: Achieve the development of a range of housing units that provides for the diverse
economic, physical, and social needs of existing and future residents of Huntington Beach.
Goal LU 11: Achieve the development of projects that enable residents to live in proximity to
their jobs, commercial services, and entertainment, and reduce the need for automobile use.
The development agreement would ensure that the project is developed in accordance with the
approved project development plan, which provides a housing choice adjacent to an existing public
transit center and provides an alternative for residents seeking to be within walking distance of work,
services or commercial uses and reduce dependency on their automobile. The development agreement
would guarantee that the project provides 39 on -site affordable housing units. These units would help
the City to satisfy its affordable housing obligations while providing housing for moderate income
households.
INDEMNIFICATION AND BOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different from
the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold
harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or
proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or
employees, to attack, set aside, void or annul any approval of the City, including but not limited to any
approval granted by the City Council, Planning Commission, or Design Review Board concerning this
project. The City shall promptly notify the applicant of any claim, action or proceeding and should
cooperate fully in the defense thereof.
PC Staff Report— 07/10/12 Attachment No. 1.2
HB -301- Item 14. - 54
---------ATTAC H M E N T- --#4
Item 14. - 55 HB -302-
City of Huntington Beach
2000 Main Street - Huntington Beach, CA 92648
OFFICE OF THE CITY CLERIC
JOAN L. FLYNN
CITY CLERK
NOTICE OF ACTION
ENVIRONMENTAL IMPACT REPORT NO.07-004
ZONING TEXT AMENDMENT NO. 07-004
GENERAL PLAN AMENDMENT NO.07-003
ZONING MAP AMENDMENT NO. 07-001
CONDITIONAL USE PERMIT NO. 07-043
(THE RIPCURL PROJECT)
November 18, 2008
Red Oak Huntington Beach, LLC
Attn: Andrew Nelson and Alex Wong
2101 Business Center Drive #230
Irvine, CA 92612
APPLICANT: Andrew Nelson/Alex Wong, Amstar/Red Oak Huntington Beach, LLC
REQUEST: APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF:
1) ENVIRONMENTAL IMPACT REPORT NO.07-004: To analyze
the potential environmental impacts associates with the
implementation of the proposed project
2) ZONING TEXT AMENDMENT NO. 07-004: To amend the HBZSO
by adding Chapter 218 that establishes the Mixed Use -Transit
Center District zoning and development standards
3) GENERAL PLAN AMENDMENT NO. 07-003: To amend the
General Plan Land Use Designation from the current CG-F1-d
(Commercial General-0.35 Max Floor Area Ratio —Design
Overlay) to the proposed M-F7-d (Mixed Use-3.0 Max Floor Area
Ratio —Design Overlay) designation
4) ZONING MAP AMENDMENT NO.07-001: To amend the Zoning
designation from the current CG (Commercial General) to the
proposed MU-TCD (Mixed Use -Transit Center District) designation
ATTACHMENT NO. LL
Sister Cities: Anjo, Japan - Waitakere, New Zealand
HB -303- Mlephone: »a-s.KItem 14. - 56
5) CONDITIONAL USE PERMIT NO.07-043 (THE RIPCURL): To
develop and construct a mixed use residential and commercial
development (approximately 382,700 sq. ft.) consisting of 440
residential units (including 11 live/work units), 10,000 sq. ft. of
commercial uses, 705 parking spaces, outdoor amenities (pool
and spa, fire pit and movie projection area), and indoor amenities
(fitness center, business center, conference room, and clubhouse).
The project would be six stories in height and consists of four
levels of housing over three levels of parking.
LOCATION: 7302-7400 Center Avenue, Huntington Beach, CA 92647 (southeast
corner of Gothard Street and Center Avenue)
PROJECT
PLANNER: Tess Nguyen
On Monday, November 10, 2008 a Public Hearing was held to consider an appeal filed
by Councilmember Jill Hardy and Andrew Nelson, Red Oak Huntington Beach, LLC of
the Huntington Beach Planning Commission's approval of Environmental Impact Report
(EIR) No. 07-004, Zoning Text Amendment (ZTA) No. 07-004, General Plan
Amendment (GPA) No. 07-003, Zoning Map Amendment (ZMA) No. 07-001,
Conditional Use Permit (CUP) No. 07-043, and CEQA Statement of Findings of Fact
with a Statement of Overriding Considerations for the proposed Ripcurl Project located
on a 3.8 acre site at the southeast corner of Gothard Street and Center Avenue.
The following action was taken by the Huntington Beach City Council:
Approved the Staff Recommended Action to: 1) Certify Environmental Impact Report
No. 07-004 as adequate and complete in accordance with CEQA requirements by
adopting Resolution No. 2008-66; and 2) Approved Zoning Text Amendment No. 07-
004 with findings for approval, and approved for introduction Ordinance No. 3819 with
the following revisions: Visitor parking 1/5 units; minimum 75% of units with 60 sq. ft.
balconies; up to 20% tandem parking for residential at half credit; Approved General
Plan Amendment No. 07-003 by adopting Resolution No. 2008-67; Approved Zoning
Map Amendment No. 07-001 with findings for approval and approved for introduction
Ordinance No. 3820; Approved Conditional Use Permit No. 07-043 with findings and
conditions for approval to allow 385 residential units and 10,000 square feet of
commercial uses; require a minimum of 50% of affordable units on -site; on -site
affordable units may be moderate income and off -site affordable units shall be low
income; a north/south public pedestrian/bicycle access on the site between Center
Avenue and the southerly property line, with restricted access hours and, Approved
CEQA Statement of Findings of Fact with a Statement of Overriding Considerations.
Enclosed are the Findings for Approval for ZTA 07-004 and ZMA 07-001; Findings and
Conditions of Approval for CUP 07-043; copies of Resolution Nos. 2008-66 and
ATTACHMENT NO. r
Item 14. - 57 RB -304-
2008-67; copies of Ordinance Nos. 3819 and 3820 approved for introduction; and, the
Action Agenda from the November 10, 2008 meeting. If you have any questions,
please contact Tess Nguyen, Associate Planner at (714) 374-1744.
n L. Flynn, CIVIC
y Clerk
JF:pe
c: Scott Hess, Director of Planning
Mary Beth Broeren, Planning Manager
Tess Nguyen, Associate Planner
Jill Hardy, Councilmember
Attachments:
Findings for Approval — ZTA 07-004 and ZMA 07-001
Findings and Conditions for Approval - CUP 07-043
City Council Action Agenda for 11-10-08
Resolution Nos. 2008-66 and 2008-67
Ordinance Nos. 3819 and 3820
xB-305-,TTACHNiENT Item 14. - 58
(STAFF RECOMMENDATION)
FINDINGS AND CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO.07-043
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.07-043:
1. Conditional Use Permit No. 07-043 for the construction of 385 residential units and 10,000 sq. ft. of
commercial/retail space will not be detrimental to the general welfare of persons working or residing
in the vicinity or detrimental to the value of the property and improvements in the neighborhood.
The proposed transit -oriented development would produce an environment which is both attractive
and sustainable by increasing housing options, promoting alternative modes of transportation, and
creating a local sense of place. The adjacency to a variety of commercial, entertainment, educational,
and transportation uses allows the project to have a more compact and higher density development
while minimizing adverse environmental effects. The mix of land uses contemplated by the proposed
project as well as those already existing in the vicinity would create a dynamic environment where
people can live, work, and play within a walking distance. The population increase would enhance
the economic viability of the area by supplying a customer base for the area businesses. In addition,
the architectural treatment of the buildings includes numerous features that contribute to an attractive
design and convey a high quality visual image and character of the development. The provision of
centrally located courtyards and open space amenities add to the appeal of the development. Given
these project features, the project would fit within the surrounding neighborhood.
2. The conditional use permit will be compatible with surrounding uses and anticipated land uses
because the proposed mixed -use project is complementary to existing uses in the vicinity. The area
in proximity to the project site is targeted for revitalization efforts, incorporating more intense mixed
use development. Because of its unique location, the project will accommodate the proposed growth
that is compatible with surrounding uses. The project is designed to convey a high quality visual
image and attractive pedestrian atmosphere to harmonize with developments in the vicinity.
Furthermore, compliance with the mitigation measures of Environmental Impact Report No. 05-01
and code provisions will ensure that the project will be compatible with other area developments.
3. The proposed mixed use project will comply with the provisions of the base district and other
applicable provisions in the Huntington Beach Zoning and Subdivision Ordinance and any specific
condition required for the proposed use in the district in which it would be located. The proposed
development will comply with all code provisions, including setbacks, building height, open space,
parking, and building design standards. Compliance with the development standards will ensure a
high quality development that would be compatible with the surrounding land uses.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent
with the proposed Land Use Element designation of Mixed Use on the subject property. In addition,
it is consistent with the following goals and policies of the General Plan:
Item 14. - 59 xB 130� ATTACHMENT NO. ,3.
A. Circulation Element
Objective CE 3.2: Encourage new development that promotes and expands the use of transit
services.
Policy CE 2. L : Comply with City's performance standards for acceptable levels of service.
Policy CE 6.1.6: Maintain existing pedestrian facilities and require new development to provide
pedestrian walkways and bicycle routes between developments, schools, and public facilities:
B. Growth Management Element
Policy GM 3.1.8: Promote traffic reduction strategies including alternate travel modes, alternate
work hours, and a decrease of vehicle trips throughout the city.
C. Housing Element
Policy2.2: Facilitate the development of mixed -use projects in appropriate commercial areas,
including stand-alone residential development (horizontal mixed -use) and housing above ground
floor commercial uses (vertical mixed -use). Establish mixed use zoning regulations.
Policy H 3.1: Encourage the production of housing that meets all economic segments of the
community, including lower, moderate, and upper income households, to maintain a balanced
community.
Goal H 5: Provide equal housing opportunity.
D. Land Use Element
Goal LU 4: Achieve and maintain high quality architecture, landscape, and public open spaces in
the City.
Goal LU 4.2.4: Require that all development be designed to provide adequate space for access,
parking, supporting functions, open space, and other pertinent elements.
Goal LU 7: Achieve a diversity of land uses that sustain the City's economic viability, while
maintaining the City's environmental resources and scale and character.
Goal LU 8: Achieve a pattern of land uses that preserves, enhances, and establishes a distinct
identity for the City's neighborhoods, corridors, and centers.
Policy LU 8.1.1: Accommodate land use development in accordance with the patterns and
distribution of use and density depicted on the Land Use Plan Map, in accordance with the principles
discussed below:
b. Vary uses and densities along the City's extended commercial corridors, such as Beach
Boulevard.
Page 2of8 ATTACHMENT Nn ;."'
HB -307- Item 14. - 60
c. Increase diversification of community and local commercial nodes to serve adjacent
residential neighborhoods.
f. Site development to capitalize upon potential long-term transit improvements.
Goal LU 9: Achieve the development of a range of housing units that provides for the diverse
economic, physical, and social needs of existing and future residents of Huntington Beach.
Policy LU 9.1.4: Require that recreational and open space amenities be incorporated in new multi-
family developments and that they be accessible to and of sufficient size to be usable by all
residents.
Goal LU 10: Achieve the development of a range of commercial uses.
Goal LU 11:.Achieve the development of projects that enable residents to live in proximity to their
jobs, commercial services, and entertainment, and reduce the need for automobile use.
Policy LU 11.1.2: Limit commercial uses in mixed -use development projects to those uses that are
compatible with the residences.
Policy LU 11.1.4: Require the incorporation of adequate onsite open space and recreational facilities
to serve the needs of the residents in mixed -use development projects.
Policy LU 11.1.5: Require that mixed -use developments be designed to mitigate potential conflicts
between the commercial and residential uses, considering such issues as noise, lighting, security, and
truck and automobile access.
Policy LU 11.1.6: Require that the ground floor of structures that horizontally integrate housing
with commercial uses locate commercial uses along the street frontage (housing may be located to
the rear and/or on upper floors).
Policy LU 11.1.7: Require that mixed -use development projects be designed to achieve a consistent
and high quality character, including the consideration of the:
a. Visual and physical integration among the commercial and residential uses (Plates LU-3 and
LU-4);
b. Architectural treatment of building elevations to convey the visual character of multiple
building volumes and individual storefronts and residential units.
E. Noise Element
Policy N 1.3.10: Require that mechanical equipment, such as air conditioning units or pool
equipment, comply with the City's Noise Ordinance and Zoning and Subdivision Ordinance.
Policy N 1.5.1: Require that commercial and residential mixed -use structures minimize the transfer
or transmission of noise and vibration from the commercial land use to the residential land use. The
design measures may include: (1) the use of materials which mitigate sound transmission; or (2) the
configuration of interior spaces to minimize sound amplification and transmission.
Item 14. - 61 P1413 3o ATTACHMENT NO.1-`�
F. Urban Design Element
Goal UD 1.1: Enhance the visual image of the City of Huntington Beach
G. Utilities Element
4biective U 5.1: Ensure that adequate natural gas, telecommunication, and electrical systems are
provided.
The proposed amendments to the General Plan and Zoning land use designations are a mechanism to
achieve the goals of smart growth and sustainable development. The amendments would allow for a
mixed use, transit -oriented, high density development thereby increasing housing options for diverse
household types, promoting alternative modes of transportation, creating a local sense of place,
reducing infrastructure and maintenance costs, and allowing for more efficient use of land resources.
The area has a variety of complementary uses that are critical to any vibrant community such as
commercial and entertainment uses, employment centers, a transit hub, and a school. Because of its
location and unique features, the site would be appropriate in accommodating an infill development
that is more compact in design and higher in density and compatible with the surrounding area. In
doing so, multiple sustainable development principles are achieved, resulting in the social and
economic well-being of the area. The benefits of mixed use developments include creating better
places to live, work, and play, reducing dependence on the automobile, and lessening pollution and
environmental degradation. Mixed use development is about widening the choices on where to live
and how to travel, rejuvenating urban neighborhoods, bringing more people into everyday social
interactions, and ensuring that communities continue to thrive.
The proposed project would be a mixed -use, transit -oriented, and high -density development that
offers a wide range of housing opportunities and options, accommodating different age groups,
income levels, and household types. The project is required to meet the City's affordable housing
ordinance obligations providing the equivalent of 10 percent of the units (on -site and/or off -site) as
affordable. In addition, the project provides a concentration of living, shopping, entertainment,
educational, and employment opportunities within walking distance of the Golden West
Transportation Center. This development promotes the use of transit services as an alternative to
reliance on the automobile as the primary mode of transportation. Because the project is located in
close proximity to different activities and uses, it provides opportunities and convenience for many
households to use alternate travel modes such as walking and biking to complete their daily routines
and run errands.
The structures of the proposed project are designed to convey a high quality visual image and
character and ensure compatibility of residential and commercial uses. The project is designed with
retail storefronts on the ground level and residential units above, incorporating design elements,
building materials, and colors to differentiate and complement the residential and commercial
components of the project. The proposed mix of retail and residential uses at the project site, along
with high quality design and attractive pedestrian atmosphere, would activate the urban environment
and revitalize community life.
Page 4 of 8 - — '-..I11B -309- ATTACHMENT Item 14. - 62
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.07-043:
1. The site plan, floor plans, elevations, and other site plan exhibits received and dated August 6, 2008
shall be the conceptually approved design with the following modifications.
a. The project shall be revised to reduce the number of residential units from 440 units to 385
units and retain the 10,000 sq. ft. of commercial/retail space.
b. The number of onsite parking spaces shall be increased to comply with the minimum parking
requirements of the MU-TCD development standards.
c. The minimum open space areas shall be provided to comply with the open space
requirements of the MU-TCD development standards.
d. The minimum private storage space shall be provided to comply with the private storage
space requirements of the MU-TCD development standards.
e. Architectural projections and recesses shall be provided on all building elevations except for
the building elevations that face each other (i.e. the east elevation of the west building and
west elevation of the east building).
f. The height of parapet walls shall be reduced to two feet and maintain the score -line design.
g. A walkability/pedestrian access plan within the project site and to adjacent sites and
landscape plans shall be submitted for Design Review Board approval. The plan shall
include a north/south pedestrian/bicycle access path extending from Center Avenue to the
southerly property line between the two buildings. The access path shall be open to the
public but may have restricted hours such as being closed in the evening/early morning hours
subject to review and approval by the Planning Department.
h. The recreation room shall be designed to have windows looking out onto the courtyard and
the elevator waiting area to provide more visibility. (PD)
2. Prior to receiving a precise grading and building permit, the following shall be submitted and
approved:
a. The applicant shall prepare a site Grading and Drainage Plan containing the
recommendations of the final Soils and Geotechnical Reports analysis for temporary and
permanent groundwater dewatering as well as for surface drainage. (PNV)
b. A Shoring Plan prepared by a Civil or Structural Engineer shall be submitted to the Public
Works Department (for reference only) with first submittal of the Precise Grading Plan.
(PW)
3. During grading and construction, the following shall be completed:
Page 5 of 8
Item 14. - 63 HB -310- ATTACHMENT NO. --A
a. Raker braces per the preliminary Geotechnical Report (dated December 12, 2006) shall be
used for lateral support of the temporary shoring during the construction phase of the project
as deemed necessary by the Public Works Director. (PW)
b. Tie -back anchors will not be allowed in the public right-of-way (under Gothard Street or
Center Avenue) or under any adjacent private property (Levitz and Southern California
Edison) as deemed necessary by the Public Works Director. (PW)
4. Prior to issuance of building permits, the following shall be approved:
a. The Affordable Housing Agreement shall be approved and recorded by the City prior to
issuance of building permits. The Agreement shall provide for a minimum of 50 percent of
the affordable housing requirement on -site. On -site affordable units may be rented at
moderate income levels; any off -site affordable units shall be at low income levels, pursuant
to the HBZSO, and the method and location of off -site compliance shall be set forth in the
Agreement.
b. The subject property shall provide an irrevocable offer to dedicate a reciprocal accessway
between the subject site and adjacent southerly property. The design, location and width of
the accessway shall be reviewed and approved by the Planning Department and Public
Works Department. The accessway design shall consist of vehicular access, pedestrian
access, bicycle access, and landscaping. The pedestrian and bicycle access shall be separated
from the vehicular access and shall be attractively landscaped. The subject property owner
shall be responsible for making necessary improvements to implement the reciprocal
accessway. The legal instrument shall be submitted to the Planning Department a minimum
of 30 days prior to building permit issuance. The document shall be approved by the
Planning Department and the City Attorney as to form and content and, when approved, shall
be recorded in the Office of the County Recorder prior to final building permit approval. A
copy of the recorded document shall be filed with the Planning Department for inclusion in
the entitlement file prior to final building permit approval. The recorded agreement shall
remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed
written approval of the City of Huntington Beach.
c. A public art element, approved by the Design Review Board, Director of Planning, and
Director of Huntington Beach Art Center, shall be designated on the plans. Public Art shall
be innovative, original, and of artistic excellence; appropriate to the design of the project; and
reflective of the community's cultural identity (ecology, history, or society).
5. Prior to final inspection, the following shall be completed:
a. The project developer shall construct an underground storm drain pipe along the east side of
Gothard Street from Center Avenue to Edinger Avenue to connect to the existing,
underground Edinger Avenue storm drain pipe as deemed necessary based on a Final
Hydrology and Hydraulics Report. As deemed necessary, the new Gothard Street,
underground storm drain facility sizing and design shall be targeted to convey the highest
storm event exceedance flow rates along Gothard Street at full build -out of the General Plan,
including contributions from any permanent groundwater dewatering system. The proposed
Page 6 of 8 -
HB -311- ATTACHMENT Item 14. - 64
project onsite storm drainage system shall be designed to convey all water quality treated
flow directly into the new underground storm drain pipe along Gothard Street, as deemed
necessary. (PW)
b. An antenna shall be installed within the underground parking structure to relay Police and
Fire Department radio transmissions. (PD)
c. Lighting in the parking structure shall be placed over and between parking stalls. (PD)
d. Surveillance cameras shall be installed at the elevator areas, stairwells, and main residential
lobby and recorded 24 hours a day, every day. (PD)
e. Elevators and stairwells shall be adequately lighted. (PD)
f. Products shall be attached to areas vulnerable to skateboarding opportunities near the
northwest side of the building in order to prevent noise and damage to property. (PD)
6. The City reserves the right to require the property owner to dedicate a portion of the private onsite
fire water system to become a future public water system that will be owned and maintained by the
City; and shall require the property owner to dedicate a minimum ten (10) feet water utility
easement (five feet on either side of the water pipeline and appurtenances) for any portion of the
private onsite fire water system that will become public and any new water pipelines/facilities
constructed within the subject property that will be part of the public water system. (PW)
7. The City reserves the right to require the property owner to enter into a Special Utility Easement
Agreement (SUEA) with the City for any portion of the private on -site fire waxer system that will be
converted to a public water system and any new water pipelines/facilities constructed within the
subject property that will be part of the public water system. (PW)
8. To be consistent with the City's condition to convert a portion of the private onsite fire water
system to a future public water system, backflow protection devices are required on all individual
water service connections (domestic, irrigation and fire) served from the private on -site domestic
and fire water pipelines. (PW)
9. The project shall comply with all mitigation measures adopted in conjunction with Environmental
Impact Report No. 07-004.
10. The Development Services Departments (Building & Safety, Fire, Planning and Public Works) shall
be responsible for ensuring compliance with all applicable code requirements and conditions of
approval. The Director of Planning may approve minor amendments to plans and/or conditions of
approval as appropriate based on changed circumstances, new information or other relevant factors.
Any proposed plan/project revisions shall be called out on the plan sets submitted for building
permits. Permits shall not be issued until the Development Services Departments have reviewed
and approved the proposed changes for conformance with the intent of the City Council's action. If
the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed
by the City Council may be required pursuant to the provisions of HBZSO Section 241.18.
Page Item 14. - 65 HB 318
ATTACHMENT NO. 5,10
INDEN MFICATION AND BOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different from
the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold
harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or
proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or
employees, to attack, set aside, void or annul any approval of the City, including but not limited to any
approval granted by the City Council, Planning Commission, or Design Review Board concerning this
project. The City shall promptly notify the applicant of any claim, action or proceeding and should
cooperate fully in the defense thereof.
Page HB 8313 ATTACHMENT Item 14. - 66
EXHIBIT "A"
Res. No. 2008-66
City of Huntington Beach
I The R*ipcurl
Final Environmental impact Report:
S C H No. 20080110 69
Mitigation Monitoring and Reporting Program
Prepared for
City of Huntington Beach
Planning Department
2000 Main Street, Third Floor
Huntington Beach, California 92648
Prepared by
PBSU
12301 Wilshire Boulevard, Suite 430
Los Angeles, California 90025
September 2008
Item 14. - 67 HB -314- ATTACHMENT NO, 1
Res. No. 2008-66
-
The Final Environmental Impact Report for The Ripcurl Project (State Clearinghouse #2008011069)
identified titigation measures to reduce the adverse effects of the project in the areas of aesthetics, air
quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials,
hydrology and water quality, noise, public services, and transportation/traffic-
The California Environmental Quality Act (CEQA) requires that agencies adopting environmental
impact reports ascertain that feasible mitigation measures are implemented, subsequent to project
approval_ Specifically, the lead or responsible agency must adopt a reporting or monitoring progratn for
mitigation measures incorporated into, a project or imposed as conditions of approval. The program must
be designed to ensure compliance during applicable project tithing, e.g. design, construction, or operation
(Public Resource Code §21081.6). Code Requirements (CRs) that were identified in the Draft EM are
required to be implemented as a result of existing City code and are not considered mitigation measures.
Therefore, CRs would be implemented for The Ripcurl Project but these do not require monitoring
activity, and are not included in this Mitigation Monitoring and Reporting Program (MMRP).
The MMRP shall be used by the City of Huntington Beach staff responsible for ensuring compliance
with mitigation measures associated with The Ripcurl Project_ Monitoring shall consist of review of
appropriate documentation, such as plans or reports prepared by the party responsible for
implementation or by field observation of the mitigation measure during implementation.
The following table identifies the mitigation measures by resource area. The table also provides the
specific mitigation monitoring requirements, including implementation documentation, monitoring
activity, timing and responsible monitoring party. Verification of compliance with each measure is tc) be
indicated by signature of the mitigation monitor, together with date of verification_
The Project kpplicant and the applicant's Contractor shall be responsible for itxtplementation of all
mitigation measures, unless otherwise noted in the table.
ATTACHMENTn r '
�
City of Huntington Beach The Ripcurl Project HB -315- NO Item - 68
0
0
z
z
0
Mif gation_'A onitor""in`g; bncl Reporting PrograrYi
Aesthetics
MM4,1.1 To the extent feasible, the Applicant shall use non-
Project building plans
Review and
Plan check prior
Planning
reflective facade treatments, such as matte paint or glass
coatings. Prior to issuance of building permits for the proposed
approve building
plans for inclusion
to issuance of
building permit
project, the Applicant shall indicate provision of these materials
of features
on the building plans.
Air Quality
MM4,2.1 During construction, operators of any gas or diesel
Contract language and
Review and
Plan check prior
Planning
fueled equipment, including vehicles, shall be encouraged to turn
notes on grading and
approve contract
to Issuance of a
off equipment if not in use or left idle for more than five minutes,
building plans
specifications,
grading permit
grading and
building plans for
Perform periodic
inclusion
field check during
construction to
ensure
compliance
_
MM4.2.2 The Applicant shall require by contract specifications
Contract language and
Review and
Plan check prior
Planning
that the architectural coating (paint and primer) products used
notes on building plans
approve contract
to issuance of a
would have a low VOC rating. Contract specifications shall be
specifications and
building permit
included in the proposed project construction documents, which
building plans for
shall be reviewed by the City prior to issuance of a building
inclusion
permit.
Biological Resources
MM4.3.1 Nesting habitat for protected or sensitive avian
species:
1. Vegetation removal and construction shall occur between
Developer shall submit
construction schedule
(including grading
Review schedule
and field survey
report, and as
Plan check prior
to issuance of a
grading permit
Planning
September 1 and January 31 whenever feasible.
activities) as evidence
necessary, review
2. Prior to any construction or vegetation removal between
of construction overlap
and approve plans
February 15 and August 31, a nesting survey shall be
with breeding season.
indicating
conducted by a qualified biologist of all habitats within
If construction occurs
construction limits
500 feet of the construction area. Surveys shall be
during relevant
During
conducted no less than 14 days and no more than 30 days
breeding, developer
Perform periodic
construction
Planning
prior to commencement of construction activities and surveys
shall present a survey
field check to
-� 2 City of Huntingtor ch 00
will be conducted in accordance with CDFG protocol as
applicable If no active nests are identified on or within
500 feet of the construction site, no further mitigation is
necessary. A copy of the pre -construction survey shall be
submitted to the City of Huntington Beach. If an active nest
of a MBTA protected species is identified onsite (per
established thresholds) a 250-foot nc-work buffer shall be
maintained between the nest and construction activity. This
buffer can be reduced in consultation with CDFG and/or
USFWS.
3. Completion of the nesting cycle shall be determined by
qualified ornithologist or biologist.
Cultural Resources
Implementation
DocumenfaHon Monftortn
report (prepared by a ensure
consultant approved by compliance
the City) to the City
prior to issuance of a
grading permit. If nests
are found, developer
shall submit plans
identifying nest
locations and limits of 1
construction activities. i
Responsible Compliance
Monitor I VenWcaition SIOnaive I Date
MM4,4.1 The Applicant shall arrange for a qualified professional
archaeological and paleontological monitor to be present during
all project -related ground -disturbing activities. In addition, all
Proof of retention of
archaeological and
paleontological monitor
Verify retention of
qualified monitors
Plan check prior
to Issuance of
grading permit
Planning
construction personnel shall be informed of the need to stop
work on the project site in the event of a potential find, until a
Throughout
qualified archaeologist or paleontologist has been provided the
Periodic field
ground -disturbing
Planning
opportunity to assess the significance of the find and implement
check to ensure
activities
appropriate measures to protect or scientifically remove the find.
monitors are
Construction personnel will also be informed that unauthorized
present
collection of cultural resources is prohibited.
The Ripcurl Project Mitigation Monitoring and Reporting Program
PZ
z
Ge
6
'•
r
L+
w
1
M
a
Mitigafion'Mpnitoring and4Reportmg; R'rogram.
0 O • • O • • O ' • ® •
° • i •
Implementation
Responsible
Compliance
_ Wigafion Measure �Documentofron Monitodri tiv Ac'
Timm
Monitor
VenncoBon Si nalvre
Dote
MM4,4.2 If archaeological or paleontological resources are Notes on grading plans
Review and
Plan check prior
Planning
discovered during ground -disturbing activities, all construction
approve grading
to issuance of
activities within 50 feel of the find shall cease until the '
plans for inclusion
grading permit
arch aeologisupaleontologist evaluates the significance of the
resource. In the absence of a determination, all archaeological
and paleontological resources shall be considered significant. If I Research design and
Review and
Throughout
ground -disturbing
Peer review
the resource is determined to be significant, the archaeologist or recovery plan, if
approve research
activities
by three
paleontologist, as appropriate, shall prepare a research design
required
design and
County-
for
for recovery of the resources in consultation with the State Office
Historic Preservation that satisfies the requirements of
recovery plan
certified
Section 21083.2 of CEQA. The archaeologist or paleontologist
professionals
shall complete a report of the excavations and findings, and shall
submit the report for peer review by three County-cerlified
archaeologists or paleontologists, as appropriate. upon approval
of the report. the City shall submit the report to the South Central
Coastal Information Center at California State University, i
Fullerton, and keep the report on file at the City of Huntington
Beach.
MM4.4.3 In the event of the discovery of a burial, human bone,
Notes on grading plans
Review and
Plan check prior
Orange
or suspected human bone, all excavation or grading in the
i
approve grading
to issuance of
County
—
vicinity of the find shall halt immediately, the area of the find shall
I
plans for inclusion
grading permit
Coroner
be protected, and the Applicant shall immediately notify the City
& Planning
and the Orange County Coroner of the find and comply with the
Throughout
provisions of P.R C. Section 5097 If the human remains are
ground -disturbing
determined to be prehistoric, the Coroner will notify the NAHC:
`
activities
which will determine and notify a Most Likely Descendent (MLD), i
The MLD shall complete the inspection of the site within 24 hours
of notification, and may recommend scientific removal and non-
destructive analysis of human remains and items associated with
Native American burials.
Geoloov and Soils
MM4.5.1 The grading plan prepared for the proposed project
Z
0
Notes on grading plan
Review and
Plan check prior
Public Works
shall contain the recommendations of the final soils and
and building plans
approve grading
to issuance of a
geotechnical report, These recommendations shall be
and building plans
grading permit
implemented in the design of the project, including but not limited
for inclusion of
O
C
4 City of Huntingtor• ch 00
9
lmplementafion
Responsible I Gompffance
MonUor VerMcallon Slano
r.'S^
to measures associated with site preparation, fill placement, I final soils and
temporary shoring and permanent dewatering, groundwater j geotechnical Building and
seismic design features, excavation stability. foundations, soil ` recommendations Safety
stabilization, establishment of deep foundations, concrete slabs I
and pavements. surface drainage, cement type and corrosion
measures, ergs c . control, shoring and internal bracing, and plan
review.__--
Hazardous Materials
MM4.6.1 In the event that previously unknown or unidentified
soil and/or groundwater contamination that could present a threat
to human health or the environment is encountered during
Risk Management Plan
& Site Health and
Safety Plan
Review and
approve any
grading plans for
Plan check prior
to issuance of .
any grading
Fire
construction in the project area, construction activities in the
inclusion
permit
immediate vicinity of the contamination shall cease immediately.
If contamination is encountered, a Risk Management Plan shall
be prepared and implemented that (1) identifies the
contaminants of concern and the potential risk each contaminant
would pose to human health and the environment during
construction and post -development and (2) describes measures
to be taken to protect workers, and the public from exposure to
potential site hazards. Such measures could include a range of
options, including but not limited to, physical site controls during
construction, remediation, longterm monitoring, post -
development maintenance or access limitations, or some
combination thereof. Depending on the nature of contamination,
if any, appropriate agencies shall be notified (e.g., Huntington
Beach Fire Department). If needed, a Site Health and Safety
Plan that meets Occupational Safety and Health Administration
requirements shall be prepared and in place prior to
commencement of work in any contaminated area.
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MM4.6.2 Prior to the issuance of grading perm!ts the project ' Methane Testing Plan
shall Comply with HBFD City Specification #429, Methane District
Building Permit Requirements. A plan for the testing of soils for
the presence of methane gas shall be prepared and submitted by
the Applicant to the HBFD for review and approval prior to the
commencement of sampling If significant levels of methane gas
are discoveree ;n the soil on the project site. the Applicant's I Notes on building and
grading. building and methane plans shall reference that a sub- i methane plans
slab methane earner and vent system will e e installed at the
project site pe.r Ci:y Specification 9429 prior to plait approval. If I
required by lee H8FD. additional methane mitigation measures
to reduce the leve! of methane Gas to acceptable levels shall be
implemented i
Hvdroloav and Water Qualitv
Review and
approval of testing
plan
Prior to
commence-
ment of sampling
Responsible I Compliance
Monitor VerMcaHon Signa
Fire I
Prior to issuance
Review and
of any grading
Fire
approve building
permit and during
and methane gas
construction
plans for
appropriate
documentation
CoA4.7.1 The project developer shall construct an underground
Improvement Plans
Review and
Plan check prior
Public Works
storm drain pipe along the east side of Gothard Street from
approval of
to issuance of
Center Avenue to Edinger Avenue to connect to the existing,
improvement
grading permit
underground Edinger Avenue storm drain pipe. Based on a Final
plans
Hydrology and Hydraulics Report, the new Gothard Street
underground storm drain facility sizing and design shall be
targeted to convey the highest storm event exceedance flow
rates along Gothard Street at full build -out of the General Plan,
including contributions from any permanent groundwater
dewatering system, The proposed project onsite storm drainage
system shall be designed to convey all water quality treated flow
directly into the new underground storm drain pipe along Gothard
Street.
MM4.7.1 The Applicant shall prepare a Hydrology and
Hydrology and
Review and
Prior to issuance
Public Works
Hydraulics Report and Drainage Plan that incorporates
Hydraulic Report and
approve plan and
of a precise
stormwater attenuation to reduce project site runoff to meet City
Drainage Plan
documentation
grading permit
design standards for stormflow in Gothard Street.
Prior to receiving a precise grading permit, the Applicant shall
prepare an Hydrology and Hydraulics Report detailing proposed
project peak runoff rates for the 10•, 25-, 50•, and 100 year
design storm events to Gothard Street, including contributions
Groundwater
Review and
Prior to issuance
of a grading
permit and
Building &
Safety
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rming
Monifar Vermcalron signature
Date
from any permanen; groundwater dewatering that may be Clervatenng System
j approve
following
implemented by the proposed project 'his Hydrology ano Pla:"
dewatering
completion of
i
Hydraulics Reloort shall also identify lne existing available
system
construction
capacity for flow ir? Gothard greet for the desig:i storms and
activities
evaluate the existing capacity in and potentia; impacts to the
Edinger Avenue system, Murdy Channel, and Fast Garden
Grove- Wiinter sburg Channel.
Based on the Hydrology and Hydraulics Report. the Applicant
shall prepare a Drainage Plan that shall incorporate sufficient
stormwater attenuation such that the City design standards for
flow in Gothard Street are not exceeded It is expected that this
may require underground detention facilities. However. detention
in underground parking structures shall not be allowed and
surface ponding shall be !ir,Uaed to a maximum depth of 8 inches.
Attenuation shall be designed for back to back, 244hour storm
design storm events that development of the proposed project
would increase peak runoff, rates for
If either above -ground or below -ground detention facilities are
proposed. the A.pplacan! shall consult with the Department of
Public Works and vector control agency to develop a design that
will be sufficient for stormwater detention but will not present a
human health or environmental hazard.
A qualified engineer of the Public Works Department shall
approve this Hydrology and Hydraulics Report and Drainage
Plan prior to issuance of a precise grading permit. The site
Drainage Plan shall be coordinated with the WQNiP to maximize
efficiency of stormwater runoff detention/retention and water
quality treatment !
The Building and Safety Department shall evaluate any proposed i
permanent groundwater dewatering system to ensure that it i
would function, as required. Following construction. the Building
and Safety Department shall verify that any groundwater
dewatering system has been implemented as required.
----�I--_ _
MM4.7.2 The Applicant shall design and implement project site I Grading and Drainage
Review and
Prior to issuance
Public Works
drainage features to minimize stormwater runoff and flood waters ! Plan
approval of
of a precise
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from entering into underground parking structures or otherwise
Grading and
grading permit
contribute to flood hazards and shall incorporate flood -proofing
Drainage Plan
and hydrostatic Pressure measures for all belovv-ground {
structures.
I
Prior to receiving a precise grading permit, tne,Appiicant shall
i
prepare a site Grading and Drainage Plan identifying design
j
elements to .mrnimrze underground structure flooding The
Grading and Drainage plan shall implement design features to i
i
minimize flooding of under ground structures such as. but not
limited to
I
I Grade areas to drain away from the structure entryways. I
i
■ Implement overflow prevention (e.g., berms or dikes, grated
inlets, or a combination, thereof) to direct project site runoff i
and flood flows away from underground structure entryways. '
® Elevate underground structure entryways to two -feel above
the existinc grade (approximate depth of potential flooding
from the East Garden Grove-*intersburg Channel!
i
® Implement sumps and pumps within the underground I
structures to remove any runoff entering the underground !
structures lthis measure shall also be subject to VVQNIP and
DAME' BMP requirements for discharge treatment and
disposal)
■ Additionally the Applicant shall incorporate flood -proofing
measures to prevent seepage flooding, underground
structures materials and design shall be in accordance with i
FEMA floodplain development requirements and the 2007
California Building Code for structures subject to flooding
and hydrostatic pressures.
® The geotechnical engineer andlor waterproofing specialist
shall prepare design requirements for Flood -proofing the j
underground structures and ensuring that structures are ' J
build to withstand hydrostatic pressures. i I)
® Any utilities located in below grade structures shall be
protected from ponding water and seepage in accordance
with the geeotechnical engineer recommendations and 2007
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The Applicant shall also design on -site runoff to drain away from
building foundations and shall not allow for more than 8 inches of
ponding at any location on -site.
CoA4.7.2 Prior to receiving a precise grading or building permit,
the Applicant shall prepare a site Grading and Drainage Plan
containing the recommendations of the final Soils and j
Geotechnical Reports analysis for temporary and permanent
groundwater deviatenng as well as for surface arainage
NniAA
Implementation
DocumenfaHon
Grading and Drainage Review and
Plan approval of
Grading and
Drainage Plan
ResponstUe Compflance
Monffor VerrTicaffon Vgnc
Prior to issuance Public Works
of a precise
grading plan
MM4.9-1 The Applicant shall require by contract specifications
that the following construction best management practices
(BMPs) be implemented by contractors to reduce construction
Contract language and
notes on grading and
building plans
Review and
approve contract
specifications,
Plan check prior
to issuance of a
grading permit
Planning
noise levels:
grading and
• Notification shall be mailed to owners and occupants of all
building plans for
developed land uses immediately bordering or directly
inclusion
across the street from the project site area providing a
schedule for major construction activities that will occur
through the duration of the construction period. In addition,
the notification will include the identification and contact
'
number for a community liaison and designated construction
manager that would be available on site to monitor
construction activities, The construction manager will be
located at the on -site construction office during construction
hours for the duration of all construction activities. Contract
information for the community liaison and construction
manager will be located at the construction office, City Hall,
and the police department
® Ensure that construction equipment is properly muffled
according to industry standards
• Place noise -generating construction equipment and locate
construction staging areas away from sensitive uses, where
feasible
Implement noise attenuation measures to the extent feasible, j
The Ripcurl Project Mitigation Monitoring and Reporting Program
ATTACHMENT #5
Item 14. - 77 HB -324-
ARCHSTONE HB LOFTS
DEVELOPMENT AGREEMENT NO® 12-003
APPLICANT: Archstone Apartments and
Red Oak Investments
LOCATION: 7400 Center Avenue
DATE: October 15, 2012
HB -325- Item 14. - 78
1
REQUEST
DA No. 12-003: To enter into a Development
Agreement between the City and Archstone HB
Huntington Beach College Park LLC pursuant to
approvals for the Archstone HB Lofts Project
Conditional Use Permit No. 07-043 was approved
by the Planning Commission and City► Council in
2008
— Condition No. 4.a. requires approval of
Development Agreement to provide for
affordable dwelling units
Item 14. - 79 HB -326- 2
PROJECT
—385 dwelling
units
—10,000 sq. ft.
of retail
-39 affordable
dwelling units
:NEST E 91k110Y_12PT�iARd$TREET
S'-_ [. -
23,
41
HB -327- Item 14. - 80
ANALYSIS
DA No. 12-003: City is authorized pursuant to
California Government Code and Chapter 246 of the
HOZS® to enter into binding development agreements
Specifies that 39 units shall be provided as
affordable to moderate income households for 55
Item 14. - 81 HB -328-
4
.............
Recommend that the City Council:
Find that DA No. 12-003 conforms to applicable
goals • p ;,` policies
,1. i of the General Plan • d is
consistent
9- Yam- B.,
Approve DA No. 12-003 and adopt City Council
ordinance
xB -329- Item 14. - 82
o
Clip OF HUNTINGTON ACH
City Council Interoffice ornmunic
To: Honorable Mayor and City Co it M hers
From: Joe Carchio, City Council e b
Date: October 8, 2012
Subject: CITY COUNCIL ITEM FOR HE OC OBER 15,2012, CITY
COUNCIL MEETING — ORD AN TO PREVENT THE FEEDING
OF COYOTES AND NON-D MIE /C ANIMALS IN RESIDENTIAL
NEIGHBORHOODS
STATEMENT OF ISSUE:
During the past several years, the city has received an increased number of complaints
concerning coyote sightings in the city. Coyotes have been observed in parks,
residential neighborhoods, residential backyards, and on school campuses with children
present. Family pets have been attacked and killed by coyotes, sometimes in front of
their terrified owners. The city has hosted community meetings concerning this
problem, and a number of speakers at City Council Meetings have spoken of their
concerns. The city has, and continues to, work with Orange County Animal Services
and the Department of Fish and Game to educate and inform residents about the issue
of coyotes living in and near Huntington Beach. The most recent community meeting
was held at the Central Park Library on August 14, 2012. The meeting was attended by
over 300 residents. Even though there was a great deal of debate and discussion about
what to do to lessen the problem of coyotes living in an urban area, there was one issue
that almost everyone agreed on. That issue was the growing number of complaints
concerning coyotes in residential neighborhoods is partly the result of people feeding
non -domestic animals near their homes.
RECOMMENDED ACTION:
In an effort to address this problem, 1 propose that the City Attorney and the Police
Department draft an ordinance stating that no person shall feed, or in any manner,
provide food, or cause to be fed, any non -domestic animal including, but not limited to,
coyotes, foxes, opossums, raccoons, and skunks. Any person violating the ordinance
would be guilty of a misdemeanor as provided in the municipal code.
xc: Fred Wilson, City Administrator
Paul Emery, Deputy City Administrator
Bob Hall, Deputy City Administrator
Joan Flynn, City Clerk
Jennifer McGrath, City Attorney
Ken Small, Police Chief
Item 15. - 1 Hs -330-
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday, October 15, 2012 at 6:00 p.m. in the City Council
Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the
following planning and zoning items:
❑ 1. DEVELOPMENT AGREEMENT NO. 12-003 (ARCHSTONE HB LOFTS DEVELOPMENT
AGREEMENT) Applicant: Archstone Apartments and Red Oak Investments Property Owner:
Archstone Huntington Beach College Park, LLC Request: Development Agreement No. 12-003
represents a request to enter into a Development Agreement between the City of Huntington
Beach and Archstone Huntington Beach College Park LLC (developer) pursuant to approvals
for the Archstone HB Lofts Project (Conditional Use Permit No. 07-043). The Archstone HB
Lofts Project is approved for 385 multi -family apartment units, including live/work units, 10,000
sq. ft. of retail space, a leasing office, resident fitness and recreation areas and public open
space. The project, formerly known as The Ripcurl, was approved by the Planning Commission
and the City Council in 2008. Condition No. 4.a. requires an affordable housing agreement to
be approved by the City Council and recorded to provide for affordable dwelling units in
accordance with the Huntington Beach Zoning and Subdivision Ordinance. Location: 7400
Center Avenue, Huntington Beach, CA 92647 (southeast corner of Center Avenue and Gothard
Street) Project Planner: Tess Nguyen
NOTICE IS HEREBY GIVEN that Item #1 was included in the scope of The Ripcurl
Environmental Impact Report No. 07-004 certified by the City Council on November 10, 2008.
ON FILE: A copy of the proposed request is on file in the Planning and Building Department, 2000
Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report
will be available to interested parties at the City Clerk's Office on Thursday, October 11, 2012.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit
evidence for or against the application as outlined above. If you challenge the City Council's action in
court, you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City at, or prior to, the public
hearing. If there are any further questions please call the Planning and Building Department at 536-
5271 and refer to the above items. Direct your written communications to the City Clerk.
Joan L. Flynn, City Clerk
City of Huntington Beach
2000 Main Street, 2"d Floor
Huntington Beach, California 92648
714-536-5227
http://huntingtonbeachca.gov/HBPublicComments/
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15-12.docx
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HUNTINGTON BEACH CA 92647
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HUNTINGTON BEACH CA 92647
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HUNTINGTON BEACH CA 92647
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HUNTINGTON BEACH CA 92647
40
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HUNTINGTON BEACH CA 92647
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7561 CENTER AVER
HUNTINGTON BEACH CA 92647
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HUNTINGTON BEACH CA 92647
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HUNTINGTON BEACH CA 92647
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HUNTINGTON BEACH CA 92647
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HUNTINGTON BEACH CA 92647
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HUNTINGTON BEACH CA 92647
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HUNTINGTON BEACH CA 92647
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HUNTINGTON BEACH CA 92647
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HUNTINGTON BEACH CA 92647
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HUNTINGTON BEACH CA 92647
56
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OCCUPANT
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HUNTINGTON BEACH CA 92647
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7561 Center Ave Bldg 12 #201
Huntington Beach, CA 92647
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7561 Center Ave Bldg 14 #101
Huntington Beach, CA 92647
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7561 Center Ave Bldg 15 #101 7561 Center Ave Bldg 15 #201
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7561 Center Ave Bldg 13 #101
Huntington Beach, CA 92647
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7561 Center Ave Bldg 14 #201
Huntington Beach, CA 92647
142-474-16
Occupant
7561 Center Ave Bldg 16 #101
Huntington Beach, CA 92647
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142-474-17
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Occupant
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Occupant
7561 Center Ave Bldg 16 #201
7561 Center Ave Bldg 17 #101
7561 Center Ave Bldg #201
Huntington Beach, CA 92647
Huntington Beach, CA 92647
Huntington Beach, CA 92647
142-474-18
142-474-19
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Occupant
7561 Center Ave Bldg 18 #201
Occupant
7561 Center Ave Bldg 19 #201
Occupant
7561 Center Ave Bldg 20 #101
Huntington Beach, CA 92647
Huntington Beach, CA 92647
Huntington Beach, CA 92647
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Occupant
7561 Center Ave Bldg 20 #201
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7561 Center Ave Bldg 21 #101
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Huntington Beach, CA 92647
- Huntington Beach, CA 92647
Huntington Beach, CA 92647
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Occupant
7561 Center Ave Bldg 22 #201
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7561 Center Ave Bldg 23 #201
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7561 Center Ave Bldg 24 #201
Huntington Beach, CA 92647
Huntington Beach, CA 92647
Huntington Beach, CA 92647
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7561 Center Ave Bldg 25 #201
Huntington Beach, CA 92647
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Huntington Beach, CA 92647
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7561 Center Ave Bldg 29 #101
Huntington Beach, CA 92647
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7561 Center Ave Bldg 26 #101
Huntington Beach, CA 92647
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Occupant
7561 Center Ave Bldg 27 #201
Huntington Beach, CA 92647
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Occupant
7561 Center Ave Bldg 29 #201
Huntington Beach, CA 92647
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Occupant
7561 Center Ave Bldg 26 #201
Huntington Beach, CA 92647
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7561 Center Ave Bldg 28 #201
Huntington Beach, CA 92647
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Huntington Beach, CA 92647
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Huntington Beach, CA 92647
142-474-32
Occupant
7561 Center Ave Bldg 32 #101
Huntington Beach, CA 92647
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Occupant
7561 Center Ave Bldg 37 #101
Huntington Beach, CA 92647
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Occupant
7561 Center Ave Bldg 38 #201
Huntington Beach, CA 92647
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Occupant
7561 Center Ave Bldg 40 #201
Huntington Beach, CA 92647
142-474-42
Occupant
7561 Center Ave Bldg 42 #101
Huntington Beach, CA 92647
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Occupant
7561 Center Ave Bldg 43 #201
Huntington Beach, CA 92647
142-474-44
Occupant
7561 Center Ave Bldg 44 A
Huntington Beach, CA 92647
142-474-45
Occupant
7561 Center Ave Bldg 45 #101
Huntington Beach, CA 92647
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Occupant
7561 Center Ave Bldg 37 #201
Huntington Beach, CA 92647
142-474-39
Occupant
7561 Center Ave Bldg 39 #201
Huntington Beach, CA 92647
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7561 Center Ave Bldg 41 #101
Huntington Beach, CA 92647
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7561 Center Ave Bldg 42 #201
Huntington Beach, CA 92647
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7561 Center Ave Bldg 44 #101
Huntington Beach, CA 92647
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7561 Center Ave Bldg 44 B
Huntington Beach, CA 92647
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7561 Center Ave Bldg 45 #201
Huntington Beach, CA 92647
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Huntington Beach, CA 92647
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Huntington Beach, CA 92647
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Huntington Beach, CA 92647
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Huntington Beach, CA 92647
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Huntington Beach, CA 92647
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142-474-48
Occupant
7561 Center Ave. Bldg 48 #B100
Huntington Beach, CA 92647
142-474-50
Occupant
7561 Center Ave Bldg 50 A
Huntington Beach, CA 92647
142-474-53
Occupant
7561 Center Ave Bldg 53
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #108
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #120
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #200
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #212
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #224
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #304
Huntington Beach`, CA 92647
142-474-48
Occupant
7561 Center Ave Bldg 48
Huntington Beach, CA 92647
142-474-50
Occupant
7561 Center Ave Bldg 50 #101
Huntington Beach, CA 92647
142-474-51
Occupant
7561 Center Ave Bldg 51 #201
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #100
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #112
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #124
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #204
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #216
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #228
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #308
Huntington Beach, CA 92647
142-474-48
Occupant
7561 Center Ave Bldg 48 #201
Huntington Beach, CA 92647
142-474-50
Occupant
7561 Center Ave Bldg 50 #201
Huntington Beach, CA 92647
142-474-51
Occupant
7561 Center Ave Bldg 51 B
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #104
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #116
Huntington Beach, CA 92647
142-07 3-2 6
Occupant
7571 Edinger Ave #128
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #208
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #220
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #300
Huntington Beach, CA 92647
142-073-26
Occupant
7571 Edinger Ave #312
Huntington Beach, CA 92647
label size 1" x 2 518" compatible with Avery 05160/8160
&!..—++...1,.+..... ,+0C -- 127.++.++ nn.. —+IkIo -- A--@rianipiC,r1
31
32
33
142-474-18
142-474-19
142-474-20
Gene Leslie Goltz
Manfred B Eschenburg
Manfred B Eschenburg
7561 Center Ave#18
7561 Center Ave#19
7561 Center Ave#19
Huntington Beach CA 92647
Huntington Beach CA 92647
Huntington Beach CA 92647
34
35
36
142-474-21
142-474-22
142-474-23
Freedman Enterprises LLC
Verna Wise
Robert E Morrill
123 Goldenrod
7561 Center Ave#22
7561 Center Ave#23
Irvine CA 92614
Huntington Beach CA 92647
Huntington Beach CA 92647
37
38
39
142-474-24
142-474-25
142-474-26
Irwin Weiss
Glenn W Carter
Frank Drechsler
7561 Center Ave#24
7561 Center Ave#25
9140 El Azul Cir
Huntington Beach CA 92647
Huntington Beach CA 92647
Fountain Valley CA 92708
40
41
42
142-474-27
142-474-28
142-474-29
Rosemarie B Haskett
Perez G Valentin
Howard Boulter
17092 Sandra Lee Ln#C
4179 Andros Cir
Huntington Beach CA 92649
7561 Center Ave#28
Huntington Beach CA 92647
Huntington Beach CA 92649
43
44
45
142-474-30
142-474-31
142-474-32
Dolores Jean Eitleman
Javid M Mosadeghi
Yvonne R Rofer
18433 Santa Yolanda Cir
7561 Center Ave#30
Huntington Beach CA 92647
15 S Hope Ave
Santa Barbara CA 93105
Fountain Valley CA 92708
46
47
48
142-474-33
142-474-34
142-474-35
So Cal Prime Properties
Roy Norman & Sevgi Fatma Smith
Michele L Weiss
7561 Center Ave#33
113 - 10th St
7561 Center Ave#35
Huntington Beach CA 92647
Huntington Beach CA 92648
Huntington Beach CA 92647
49
50
51
142-474-36
142-474-37
142-474-38
Ursel Petermann
Emile J Erbacher
Emile J Erbacher
7561 Center Ave# 3V
9775 Constitution Dr
9775 Constitution Dr
Huntington Beach CA 92647
Huntington Beach CA 92646
Huntington Beach CA 92646
52
53
54
142-474-39
142-474-40
142-474-41
Christi Fabisiak
Helen G Gelbard
Donna Place
6475 E Pacific Coast#384
7561 Center Ave#39
Huntington Beach CA 92647
263 Merton Ave
Glen Ellyn IL 60137
Long Beach CA 90803
55
56
57
142-474-42
142-474-43
142-474-44
Invest Llc Menengai
Amer & Diani Masri
Hedwig M Miller
7561 Center Ave#51
21246 Ronda Cir
Huntington Beach CA 92648
21 Crockett
Irvine CA 92620
Huntington Beach CA 92647
58
59
60
142-474-45
142-474-46
142-474-47
Bruno & Ursula Heidenwag
Ezzat A Mikhail
Helga Kaiser
27363 Eastvale Rd
6804 W Oceanfront
949 Orchard Ave
Palos Verdes Est CA 90274
Newport Beach CA 92663
Moscow ID 83843
/.7`/_ 1 l/d
63
142-474-50
OCCUPANT
7561 CENTER AVE f5VIU
HUNTINGTON BEACH CA 92647
64
142-474-51
OCCUPANT
7561 CENTER AVE
HUNTINGTON BEACH CA 92647
/ 0 111-f -Ild-l"
65
142-474-52
OCCUPANT
7561 CENTER AVE bon 51
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #115
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #203
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #210
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #217
HUNTINGTON BEACH CA 92647
15
142-474-02
OCCUPANT
7561 CENTER AVE j `-3-
HUNTINGTON BEACH CA 92647
18
142-474-05
OCCUPANT
7561 CENTERAVE1<�jS
HUNTINGTON BEACH CA 92647
21
142-474-08
OCCUPANT
7561 CENTER AVE
HUNTINGTON BEACH CA 92647
24
142-474-11
OCCUPANT
7561 CENTER AVE
HUNTINGTON BEACH CA 92647
27
142-474-14
OCCUPANT
7561 CENTER AVE 'PJk j N
HUNTINGTON BEACH CA 92647
30
142-474-17
OCCUPANT
7561 CENTER AVEJ i1
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #200
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #206
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #212
HUNTINGTON BEACH CA 92647
11 -:
142-074-13
OCCUPANT`-
7441``EDINGER AVE
HUNTINGTON BEACH CA 92647
16
142-474- 04
OCCUPANT
7561 CENTER AVE 610 j `+ 101
HUNTINGTON BEACH CA 92647
19
142-474-06
OCCUPANT
7561 CENTER AVE Irjt�jl�
HUNTINGTON BEACH CA 92647
22
142-474-09
OCCUPANT
7561 CENTER AVE��
HUNTINGTON BEACH CA 92647
25
142-474-12
OCCUPANT
7561 CENTER AVE NAJ
HUNTINGTON BEACH CA 92647
28
142-474-15
OCCUPANT
7561 CENTER AVE W9 iG
HUNTINGTON BEACH CA 92647
31
142-474-18
OCCUPANT
7561 CENTER AVE Wq it +al
HUNTINGTON BEACH 6A 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #202
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #209
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #216
HUNTINGTON BEACH CA 92647
14
142-474-01
OCCUPANT
7561 CENTER AVE ►31�:
HUNTINGTON BEACH A 92647
17
142-474-04
OCCUPANT
7561 CENTER AVE
HUNTINGTON BEACH CA 92647
20
142-474-07
OCCUPANT
7561 CENTER AVE' 1 ��
HUNTINGTON BEACH CA 92647
23
142-474-10
OCCUPANT
7561 CENTER AVE :bie� ICE ic.1
HUNTINGTON BEACH CA 92647
26
142-474-13
OCCUPANT
7561 CENTER AVE k5lk4j 13
HUNTINGTON BEACH CA 92647.
29
142-474-16
OCCUPANT
7561 CENTER AVE
HUNTINGTON BEACH CA 92647
32
142-474-19
OCCUPANT
7561 CENTER AVE
HUNTINGTON BEACH CA 92647
//) / i //� - �/� /o, o._
9
142-074-06
OCCUPANT
7332 CENTER AVE
HUNTINGTON BEACH CA 92647
9
142-074-06
OCCUPANT
7344 CENTER AVE
HUNTINGTON BEACH CA 92647
9
142-074-06
OCCUPANT
7356 CENTER AVE
HUNTINGTON BEACH CA 92647
9
142-074-06
OCCUPANT
7370 CENTER AVE
HUNTINGTON BEACH CA 92647
1
142-074-06
OCCUPANT ` \
7382 CENTER, AVE
HUN%F GTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #100
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #103
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #106
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #109
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #112
HUNTINGTON BEACH CA 92647
9
142-074-06
OCCUPANT
7336 CENTER AVE
HUNTINGTON BEACH CA 92647
9
142-074-06
OCCUPANT
7348 CENTER AVE
HUNTINGTON BEACH CA 92647
9
142-074-06
OCCUPANT
7364 CENTER AVE
HUNTINGTON BEACH CA 92647
142-074-06
OCCUPANT--'
7374-61ENTER AVE
HUNTINGTON BEACH CA 92647
9
142-074-06
OCCUPANT
7396 CENTER AVE
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #101
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #104
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #107
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #110
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #113
HUNTINGTON BEACH CA 92647
9
142-074-06
OCCUPANT
7340 CENTER AVE
HUNTINGTON BEACH CA 92647
9
142-074-06
OCCUPANT
7352 CENTER AVE
HUNTINGTON BEACH CA 92647
9
142-074-06
OCCUPANT
7.368 CENTER AVE
HUNTINGTON BEACH CA 92647
9
142-074-06
OCCUPANT
7378 CENTER AVE
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #102
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #105
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #108
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #111
HUNTINGTON BEACH CA 92647
10
142-074-12
OCCUPANT
7400 CENTER AVE #114
HUNTINGTON BEACH CA 92647
koh - 1,AA X� -X-3
3
142-072-06
OCCUPANT
7225 EDINGER AVE #A
HUNTINGTON BEACH CA 92647
3
142-072-06
OCCUPANT
7225 EDINGER AVE #H
HUNTINGTON BEACH CA 92647
3
142-072-06
OCCUPANT
7227 EDINGER AVE #A
HUNTINGTON BEACH CA 92647
4
142-072-08
OCCUPANT
15851 GOTHARD ST
HUNTINGTON BEACH CA 92647
4
142-072-08
OCCUPANT
15865 GOTHARD ST
HUNTINGTON BEACH CA 92647
4
142-072-08
OCCUPANT
15871 GOTHARD ST
HUNTINGTON BEACH CA 92647
4
142-072-08
OCCUPANT
15881 GOTHARD ST
HUNTINGTON BEACH CA 92647
4
142-072-08
OCCUPANT
15891 GOTHARD ST
HUNTINGTON BEACH CA 92647
8
142-074-04
OCCUPANT----
7441 fNGER AVE
HldTVTINGTON BEACH CA 92647
9
142-074-06
OCCUPANT
7310 CENTER AVE
HUNTINGTON BEACH CA 92647
3
142-072-06=ram`
OCCUPANT
7225 EDINGER AVE #C
HYNTI NGTON BEACH CA 92647
3
142-072-06
OCCUPANT
7225 EDINGER AVE #J
HUNTINGTON BEACH CA 92647
3
142-072-06
OCCUPANT
7227 EDINGER AVE #B
HUNTINGTON BEACH CA 92647
4
142-072-08
OCCUPANT
15861 GOTHARD ST
HUNTINGTON BEACH CA 92647
4
142-072-08
OCCUPANT
15867 GOTHARD ST
HUNTINGTON BEACH CA 92647
4
142-072-08
OCCUPANT
15875 GOTHARD ST
HUNTINGTON BEACH CA 92647
4
142-072-08
OCCUPANT
15885 GOTHARD ST
HUNTINGTON BEACH CA 92647
5
142-073-02
OCCUPANT
7301 CENTER AVE
HUNTINGTON BEACH CA 92647
9
142-074-06
OCCUPANT
7302 CENTER AVE
HUNTINGTON BEACH CA 92647
9
142-074-06
OCCUPANT
7314 CENTER AVE
HUNTINGTON BEACH CA 92647
3
142-072-06
OCCUPANT
7225 EDINGER AVE #F
HUNTINGTON BEACH CA 92647
3
142-072-06
OCCUPANT
7225 EDINGER AVE #K
HUNTINGTON BEACH CA 92647
3
142-072-06
OCCUPANT
7227 EDINGER AVE #C
HUNTINGTON BEACH CA 92647
4
142-072-08
OCCUPANT
15863 GOTHARD ST
HUNTINGTON BEACH CA 92647
4
142-072-08
OCCUPANT
15869 GOTHARD ST
HUNTINGTON BEACH CA 92647
4
142-072-08
OCCUPANT
15877 GOTHARD ST
HUNTINGTON BEACH CA 92647
4
142-072-08
OCCUPANT
15887 GOTHARD ST
HUNTINGTON BEACH CA 92647
6
142-073-42
OCCUPANT
7562 CENTER AVE
HUNTINGTON BEACH CA 92647
9
142-074-06
OCCUPANT
7304 CENTER AVE
HUNTINGTON BEACH CA 92647
9
142-074-06
OCCUPANT
7320 CENTER AVE
HUNTINGTON BEACH CA 92647
/%r/ice �, � /, �,-a0- 3
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S3aadis
(1) HB Chamber of Commerce
President
2134 Main St #100
Huntington Beach, CA 92648
(9) Environmental Board Chair
Robert Smith
21352 Yarmouth Ln
Huntington Beach, CA 92646
(14) Historic Resources Board Chair
Barbara Haynes
19341 Worchester Ln
Huntington Beach, CA 92646
142-073-26
Bella Terra Associates LLC
7777 Edinger Ave
Huntington Beach, CA 92647-3601
(2) Orange County Assoc. of
Realtors
Dave Stefanides
25552 La Paz Rd
Laguna Hills, CA 92653
(10) Huntington Harbor POA
PO Box 791
Sunset Beach, CA 90742
(26) Dept. of Transportation Dist 12
Christopher Herre, Branch Chief
3337 Michaelson Dr #380
Irvine, CA 92612-1699
142-474-06
Walter Lance Ware
16502 Grimaud Ln
Huntington Beach, CA 92649-1828
(5) Huntington Beach Tomorrow
President
PO Box 865
Huntington Beach, CA 92648
(13) Newland House Museum
President/HB Historical Society
19820 Beach BI
Huntington Beach, CA 92648
142-073-31
Bella Terra Associates, LLC
60 S Market St #1120
San Jose, CA 95113-2366
label size 1" x 2 5/8" compatible with Avery 85160/8160
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142-073-31 142-073-26
Bella Terra Associates LLC Bella Terra Associates LLC
60 S Market St #1120 7777 Edinger Ave
San Jose, CA 95113-2366 Huntington Beach, CA 92647-3601
�1-64 ld' - 400j
142-474-06
Ware, Walter Lance
16502 Grimaud Ln
Huntington Beach, CA 92649-1828
label size 1" x 2 5/8" compatible with Avery °5160/8160
VVV"n A_ or .,,_ _ 07., — nmm,ntihIa n%inr AwomOMMIR1An
61 62
142-474-48 142-474-49
James H & Katherine Wang West Coast Soccer League Inc
16391 Wishingwell Ln 7561 Center Ave#49
Huntington Beach CA 92647 Huntington Beach CA 92647
64 65
142-474-51 142-474-52
Allen A Kling Paul Thuan Hieu Huynh
7561 Center Ave#52 411 Delaware St
Huntington Beach CA 92647 Huntington Beach CA 92648
67 68
142-073-11 . 142-073-15 �_.��
Southern Cal Edison o Southern Cal Ediso-Co
2244 Waln r e Ave 2244�WIou Grove Ave
Ros ad CA 91770 Rosemead CA 91770
70
71
142-074-01
142-074-07
Union Pacific Railroad Co
Southern Cal Edison Co--'
1700 Farnam St
2244 Walnut_Gr6Ave
Omaha NB 68102
Rosemead CA 91770
73
74
142-074-09
Southern Cal diso'h Co
142-074-10
Southern Cal E erf Co
2244Walrffit Grove Ave
CA 91770
2244 lrr Grove Ave
W��
Rosemead
Roso-mead CA 91770
76
142-074-17 Red Oaks Investments
Freeway Industrial Park 2101 Business Center Dr #230
2032 La Colina Dr Irvine CA 92612
Santa Ana CA 92705
,21q- 1A -0c)3
63
142-474-50
Amer & Dianne Masri
21 Crockett
Irvine CA 92620
66
142-073-01
Southern Cal Edison Co
2244 Walnut Grove Ave
Rosemead CA 91770
69
142-073-38
City Of Huntington -Beach"'"
PO Bo 3190�
Hun ifngton Beach CA 92648
72
142-074-08
Southern Cal Ed' i✓o"¢"`
2244 val. - rove Ave
R emead CA 91770
75
142-074-11
Union Pacific ailyda— Co
170�0 Farnam St
Or aha NB 68102
1 2 3
142-072-02 142-072-03 �-""' 142-072-06
Coast Community College School Dist Coast Comm unity`College School Dist Freeway Industrial Park
2701 Fairview Rd 2701 F.ai vow Rd 2032 La Colina Dr
Costa Mesa CA 92626 C�sia Mesa CA 92626 Santa Ana CA 92705
4 5 6
142-072-08 142-073-02 �_. '"i 142-073-42
Orange Countyr Transit Distf " Fi'c'��v�+ t<�°�i�r��avk Btd�m Phase II Associates
2641 S-Main St PO BOX.30T5 1332 Ar acapa St#200
Corona CA 92882 Gard6n Grove CA 92840 San#a Babara CA 93101
7
142-073-44
Btdjm Phase -If ssociates
1332�cacapa St#200
SaiftaBabaraCA93101
8
142-074-04
Industrial Park Freeway
300 Crossways Park Dr
Woodbury NY 11797
10 11
142-074-12 142-074-13
Archstone Hunt Bch College Park LLC City Of Huntingt=-B
3 MacArthur PI 6th Flr PO Box 1 W,0
Santa Ana CA 92707 Hu g on Beach CA 92648
13
142-473-01 Fz ,
City Of Huntingto—h Beach
PO Box-190
Ht nfl gton Beach CA 92648
16
142-474-03
Josef Bischof
7561 Center Ave#3
Huntington Beach CA 92647
19
142-474-06
Walter Lance Ware
7561.26n'ter Ave#6
Hunt gton Beach CA 92647
22
142-474-09
James A Burgard
7521 Danube Dr
Huntington Beach CA 92647
25
142-474-12
Kenneth Gary Kling
7561 Center Ave#12
Huntington Beach CA 92647
14
142-474-01
Cyndie & Jason M Kasko
7561 Center Ave#1
Huntington Beach CA 92647
17
142-474-04
Bill R De Carr
25572 Saddle Rock PI
Laguna Hills CA 92653
20
142-474-07
Quan L & Kim-Oanh T Huynh
7561 Center Ave#7
Huntington Beach CA 92647
23
142-474-10
Wen -Ping & Mei-Yu S Chang
7561 Center Ave#10
Huntington Beach CA 92647
26
142-474-13
Garth M Murphy
1767 W Orange Ave
Anaheim CA 92804
9
142-074-06
Archstone Hunt Bch -College rk LLC
3 MacArthur'FI 6th Flr
Santa'Ana CA 92707
12
142-472-03
Old World Owners Assn
23046 Avenida De La Carlota#700
Laguna Hills CA 92653
15
142-474-02
Bern Josef Bischof
8165 Prestwick Cir
Huntington Beach CA 92646
18
142-474-05
Dennis & Patricia Rich
323 Lloyden Park Ln
Atherton CA 94027
21
142-474-08
Marcel N Chatal
7561 Center Ave#8
Huntington Beach CA 92647
24
142-474-11
My N Huynh
7561 Center Ave#11
Huntington Beach CA 92647
27
142-474-14
Philip Larschan
9801 Kings Canyon Dr
Huntington Beach CA 92646
28 29 30
142-474-15 142-474-16 142-474-17
Flora Thomas Daryl Wayne Wise Rosemarie B Haskett
11956 Gorham Ave#3 4243 Wilson Town Rd 4179 Andros Cir
Los Angeles CA 90049 Lincoln CA 95648 Huntington Beach CA 92649
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142-07X-26
Occu ,ant
7581 Edinger Ave #484
Huntington Beach, CA 92647
142-07i -26
Occupant
7581 Edinger. Ave #492
Huntington Beach, CA 92647
142-074-12,
Occupant
7400 Center Ave #102B
Huntington Beach, CA 92647
142-074-12
Occupant
7400 Center Ave #215
Huntington Beach, CA 92647
142-073`�_ 26
Occupant
7581 Edinger �%ve #488
Huntington Beach, CA 92647
142-073-26
Occupant
t
7581 Edinger�Ave #496
Huntington Beach, CA 92647
142-074-12
Occupant
7400 Center Ave #205
Huntington Beach, CA 92647
142-073-26
Occupant
7581 Edinger Ave #492
Huntington Bead%, CA 92647
142-073-26
Occupant
7581 EdingertAve #
Huntington Beach, CA 92647
142-074-12
Occupant
7400 Center Ave #208
Huntington Beach, CA 92647
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7561 Edinger Ave #316
7561 Edinger Ave #308
Huntington Beach, CA 92647
7561 Edinger Ave #312
Huntington Beal h, CA 92647
Huntington Beach, CA 92647
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7561 EdingeFr Ave #324
7561 Edinger Ave #328
Edinger Ave #320
Huntington Beach, CA 92647
Huntington Bea ch, CA 92647
Huntington Beach, CA 92647
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7561 Edinger Ave #336
7561 Edinger Ave #340
7561 Edinger. Ave #332
Huntington Beach, CA 92647
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Huntington Beach, CA 92647
Huntington Beach, CA 92647
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Huntington Beach, CA 92647
Huntington Beach, CA 92647
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7561 Eidinger Ave #
7561 Edinger Ave #
7561 Edinger Ave #
Huntington; Beach, CA 92647
Huntington Beach, CA 92647
Huntington Beach, CA 92647
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7561 Edinger Ave #
7561 Edinger Ave #
Huntington Beaeh, CA 92647
Huntington Beach, CA 92647
Huntington Beach, CA 92647
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142-073-26
Occupant
142-073-26
Occupant
142-474-06
Occupant
7561 Edinger Ave #
7561 Edinger Ave #
7561 Center Ave Bldg 6 #101
Huntington Beach, CA 92647
Huntington Beach, CA 92647
Huntington Beach, CA 92647
142-474-06
142-474-10
142-474-04
Occupant
7561 Center Ave Bldg 6 #201
Occupant
7561 Center Ave Bldg 10 #201
Occupaantnt
Occupant
7561 Center Ave Bldg 4 #201
Huntington Beach, CA 92647
Huntington Beach, CA 92647
Huntington Beach, CA 92647
142-474-05
142-474-05
142-474-07
Occupant
Occupant
7561 Center Ave Bldg 5 #101
Occupant
7561 Center Ave Bldg 5 #201
7561 Center Ave Bldg 7 #201
Huntington Beach, CA 92647
Huntington Beach, CA 92647
Huntington Beach, CA 92647
142-474-08 142-474-09 142-474-09
Occupant Occupant Occupant
7561 Center Ave Bldg 8 #201 .7561 Center Ave Bldg 9 #101 7561 Center Ave Bldg 9 #201
Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647
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' ADU'ER,TIS'1NG
Printed " d802fdricia Gamino by' Sep 27, 2012,12:27 pm
BID$dQat�dB Salesperson:
Phone: Ad.ft 3UM16
Phon#9'# (714) 536-5227 __:e ; S`tartdate 0-04 12 132-340
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Ad Copy_
NOTKE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL
OF THE
CITY OF HUNTINGTON
BEACH
NOTICE IS HEREBY
GIVEN that on Monday,
October 15, 2012 at 6:00
p.m, in the City Council
Chambers, 2000 Main
Street, Huntington
Beach, the City Council
will hold a public hearing
on the following planning
and zoning items:
a 1. DEVELOPMENT
AGREEMENT NO. 12-
003 (ARCHSTONE HB
LOFTS DEVELOPMENT
AGREEMENT) Applicant:
Arch stone Apartments
and Red Oak Invest-
ments Property Owner:
Archstone Huntington
Beach College Park, LLC
Request: Development
Agreement No. 12.003
represents a request to
enter into a Develop-
ment Agreement be-
tween the City of
Huntington Beach and
Archstone Huntington
Beach College Park LLC
(developer) pursuant to
approvals for the Arch -
stone HB Lofts Project
(Conditional Use Permit
No- 07-043). The Arch -
stone HB Lofts Project
is approved for 385
multi -family apartment
units, including live/work
units, 10,000 sq. ft. of
retail space, a leasing
office, resident fitness
and recreation areas and
public open space. The
project, formerly known
as The Ripcurl, was
approved by the Plan-
ning Commission and the
City Council in 2008,
Condition No. 4.a.
requires an affordable
housing agreement to be
approved by the City
Council and recorded to
provide for affordable
--- ad proof pg.1 ---
dwelling units in accor-
dance with the Hun-
tington Beach Zoning
and Subdivision Ordi-
nance. Location: 7400
Center Avenue, Hun-
tington Beach, CA 92647
(southeast corner of
Center Avenue and
Gothard Street) Project
Planner: Tess Nguyen
1. NOTICE IS HEREBY
GIVEN that Item #1 was
included in the scope of
The Ripcuri Environ-
mental Impact Report
No. 07-004 certified by
the City Council on
November 10, 2008.
ON FILE: A copy of the
proposed request is on
file in the Planning and
Building Department,
2000 Main Street, Hun-
tington Beach, California
92648, for inspection by
the public. A copy of the
staff report will be
available to interested
parties at the City
Clerk's Office on
Thursday, October 11,
2012.
ALL INTERESTED PER-
SONS are invited to
attend said hearing and
express opinions or
submit evidence for or
against the application
as outlined above. If you
challenge the City
Council's action in court,
you may be limited to
raising only those issues
you or someone else
raised at the public
hearing described in this
notice, or in written
correspondence deliv-
ered to the City at, or
prior to, the public
hearing. If there are any
further questions please
call the Planning and
Building Department at
536-5271 and refer to
the above items. Direct
your written communi-
cations to the City Clerk,
Joan L. Flynn, City Clerk
City of Huntington Beach
2000 Main Street, 2nd
Floor
Huntington Beach, Cali-
fornia 92648
714-536-5227
http://hunlingtonbeach
HBPubticC vents/
Published H.B. Indepen-
dent 10/4/12
ad proof pg. 2 ---
NOTICE OF.PUBUC NEARING"
BEFORE THE CITY COUNCIL'
OF THE
CITY OF HUNTINGTON
BEACH
rM, �i w t
i' i`} � r�
e
COUNTYSTATE OF CALIFORNIA)
ORANGE
I am a citizen of the United States and a
resident of the County of Los Angeles; I
am over the age of eighteen years, and
not a party to or interested in the notice
published. I am a principal clerk of the
HUNTINGTON BEACH
INDERENDENT, .which was. adjudged a
newspaper of general circulation on
September 29, 1961, case A6214, and
June 11, 1963, case A24831, for the
City of Huntington Beach, County of
Orange, and the State of California.
Attached to this Affidavit is a true and
complete copy as was printed and
published on the following date(s):
Thursday, October 4, 2012
certify (or declare) under penalty
of perjury that the foregoing is true
and correct.
Executed on October 10, 2012
at Los Angeles, California
LQV41dn�/
Signature
NOTICE IS HEREBY GIV- !
EN that on Monday, Oc-
tober 15, 2012 at 6:00
p.m. in. the City Council
Chambers, 2000 Main
Street, Huntington
Beach, the City Council.
will hold a public hearing,
on the following plan-.
ning and zoning items: !
❑ 1. DEVELOPMENT
AGREEMENT NO. `12-
003 (ARCHSTONE HBj
LOFTS DEVELOPMENT
AGREEMENT) Applicant-,
Archstone Apartments
i
and Red Oak Invest
-I,
Property Owner:)
Archstone Huntington!
Beach College Park, LLCI
Request: Development
Agreement No. 12-003
represents a request,to!
enter into a Develop-!
ment Agreement be-
tween the City of Hun-
tington Beach and
Archstone Huntington!
Beach College Park LLCI
(developer) pursuant,W
approvals for the;
Archstone- HB Lofts'
Project (Conditional Use;
Permit No. 07-043): The;
Archstone HB'" Loftsi
Project,'is approved for'
385 multi - family' „
apartment units, includ
ing live/work units,
10,000 sq. ft. of 'retail;
space, a leasing office,'
resident fitness and re-
creation areas and pub
lic open space. The!
Project, formerly known,
as .The Ripcurl, was ap-
proved by, the Planningi
Commission and the City!
Council in 2008. Con
dition . No. 4.a. requires
an affordable housing,
agreement to be ap
proved by the City Coun-
cil and recorded to pro-
vide 'for affordable)
dwelling units in accor-'
dance with the Hunting-i,
ton Beach Zoning ands
Subdivision Ordinance.i
Location: `7400 Center
Avenue, Huntington
Beach, CA 92647,
(southeast corner of!
Center Avenue and
Gothard Street) Project
Planner: Tess Nguyen
1. NOTICE IS HEREBYI
GIVEN that Item #1'wasl
included in the scope of,
The Ripcurl Environmen
tal Impact' Report No.
07-004 certified by the,
City Council on Novem-I
ber 10, 2008.
ON FILE: A copy of the)
proposed request is on,
file in the Planning and,
Building Department,;
2000 Main Street, Hun-;
tington Beach,. California'
92648, for inspection by
the public. A copy of the,:
staff report will be avail-i
able to interested par
ties at the City" Clerk's
rpffice on Thursday, Oc-I
4ober 11, 2012.
.ALL -INTERESTED PER-,
SONS are invited to at
tendsaid hearing 'and'
express opinions or sub-�
mit evidence for orl
against the applicationj
as.outlined above. If you
challenge the City Coun- 1
cil's action in court; you
may be limited to raising;
only, those issues you or
someone else raised at,
the public hearing de-,
scribed in this notice, or
in written corre
spondence delivered to'
the City at, or prior to,
the public hearing. if,
there are any further'
questions please call the.
Planning and Building
Department at 536-5271
and refer to the above
items. Direct your, writ-
ten communications to
the City Clerk.
Joan L. Flynn, City,Clerk
City of Huntington Beach
2000 Main Street,2nd
Floor
Huntington Beach,
California 92648
714-536-5227
htfp://huntingtonbeach
ca.ggoov/
HBPubi.i mmem ends/
Published H.B. Indepen-
dent 10/4/12