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HomeMy WebLinkAboutBTDJM Phase II Associates, LLC - 2013-08-19%--, Dept. ID PW 13-034 Page 1 of 2 Meeting Date: 8/19/2013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/19/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of a License Agreement with BTDJM Phase II Associates, LLC for maintenance of landscaping improvements in the public right-of-way along the project frontage at The Village at Bella Terra-Costco Development Statement of Issue: The development conditions of approval for Site Plan Review No. 10-001 (The Village at Bella Terra-Costco), require that the developer (BTDJM Phase II Associates, LLC) execute a License Agreement with the City of Huntington Beach for maintenance of landscaping within the public right- of-way along the project frontage. Financial Impact: No funding is required for this action. Recommended Action: Approve and authorize the Mayor and City Clerk to execute and record the "License Agreement Between the City of Huntington Beach and BTDJM Phase II Associates, LLC to Provide Installation and Maintenance of Landscaping Improvements in the Public Right -of -Way" along the project frontage (Attachment 1). Alternative Action(s): Do not authorize execution of the License Agreement and direct staff accordingly. This action will prevent BTDJM Phase II Associates, LLC from satisfying the City's conditions of development for this project, and increase the maintenance responsibilities burdened by City forces. Analysis: The project site is located at 7601 Edinger Avenue and is known as The Village at Bella Terra- Costco. The development conditions of approval for this project were approved by the City's Planning Commission on April 24, 2010, (Attachment 2). They require that the developer execute a Landscape License Agreement with the City for maintenance of landscaping within the public right- of-way. The Agreement has been prepared, signed by the developer, approved as to form by the City Attorney, and is now ready for final City approval and execution. Item 14. - 1 xB -144- Dept. ID PW 13-034 Page 2 of 2 Meeting Date: 8/19/2013 Environmental Status: The subject request is exempt pursuant to the California Environmental Quality Act. Strategic Plan Goal: Enhance economic development Attachment(s): License Agreement with BTDJM Phase II Associates, LLC for Maintenance of Landscaping Improvements in Public Right -of -Way. 2. Notice of Action for Site Plan Review No. 10-001 (The Village at Bella Terra — Costco). HB -145- Item 14. - 2 ATTACHMENT 1. Item 14. - 3 HB -146- This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY: CITY OF HUNTINGTON BEACH WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach P.O. Box 190 / 2000 Main Street Huntington Beach, CA 92648 Fee exempt per Government Code § 6103 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIII111111111111111111111111111111111111111111111111111111 IIIIIINO FEE 2013000498113 12:27pm 08/22/13 93 406 Al 14 0.00 0.00 0.00 0.00 39.00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BTDJM PHASE II ASSOCIATES, LLC, TO PROVIDE INSTALLATION AND MAINTENANCE OF LANDSCAPING IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY This License Agreement (the "Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and BTDJM PHASE II ASSOCIATES, LLC, a Delaware limited liability company, hereinafter referred to as "LICENSEE." WHEREAS, LICENSEE is the owner of certain real property located in the City of Huntington Beach, County of Orange, State of California, which is a commercial development commonly known as The Village at Bella Terra, and more particularly described in the legal description attached hereto as Exhibit "A" and incorporated by this reference (the "Property"); and CITY is the owner of those certain areas in the immediate vicinity of the Property that are depicted as "Areas Maintained by BTDJM" on Exhibit "B" attached hereto and incorporated herein by this reference (the "Improvement Areas"); and In connection with the development of the Property, CITY and LICENSEE desire to assign responsibility for the installation and maintenance of landscaping within the Improvement Areas, as defined below in Section 5, and the costs associated therewith in accordance with plans and specifications submitted by LICENSEE and as reasonably approved by CITY (Public Works plan reference PW 10-042, L 11-116); and By this Agreement, CITY and LICENSEE desire to clarify and specifically delineate their obligations with respect to the installation and maintenance of landscaping within the Improvement Areas, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, CITY and LICENSEE covenant and agree as follows: 13-3497 / 2013-07-09_EdingerLandscapeRevised 1. GRANT OF LICENSE. Subject to terms and conditions hereinafter set forth, CITY hereby grants to LICENSEE a non-exclusive, revocable license ("License") to install and maintain landscaping within the Improvement Areas pursuant to the terms as set forth in this Agreement. 2. TERM. The term of the License (the "Term") granted herein shall be perpetual, provided that CITY may terminate the License and this Agreement upon thirty (30) days written notice to LICENSEE. 3. TERMINATION. In the event of any such termination, the CITY may, at its option, either: (a) at its sole expense, disconnect existing water and electrical supply sources to the Improvement Areas from the Property (leaving the water and electrical systems serving the Property fully functional and in compliance with law), and construct and reconnect CITY water and electrical supply sources to the Improvement Areas, or (b) continue to use water and electricity from the Property for the Improvement Areas, in which case CITY shall agree in writing, upon terms acceptable to the parties, to reimburse LICENSEE on a monthly basis for the reasonable costs of such water and electricity, and, at its sole expense, to maintain in a good condition and repair the portion of the water and electrical systems located in the Improvement Areas. 4. DESCRIPTION OF IMPROVEMENTS. All improvements installed within the Improvement Areas shall be as depicted on those certain plans and specifications as approved by the CITY relative to the Property (Public Works plan reference PW 10-042, L 11-116) and the subject commercial development thereof. The landscaping and other improvements within the Improvement Areas for which LICENSEE, at its sole cost at no expense to the CITY, shall install, repair, maintain, and/or replace in accordance with the terms of this License shall be collectively referred to as the "LICENSEE'S Improvements" and includes the following: Landscaping, Irrigation Systems and Plant Material: Plants and trees in accordance with the Landscaping Plans relative to the Property and the subject commercial development thereof submitted by LICENSEE and approved by the CITY and the irrigation systems serving the same. 5. MAINTENANCE RESPONSIBILITIES. At LICENSEE'S sole cost and expense, LICENSEE agrees to perform all maintenance responsibilities for the Improvement Areas, including, but not limited to: sidewalk cleaning; trash disposal; signs; watering; repairing and/or adjusting irrigation systems when failures occur; fertilizing; cultivating; edging; performing general planting and trimming or other corrective gardening; spraying grass and plants with both insecticides and herbicides; and, generally keeping the Improvement Areas in a clean, secure and attractive condition, taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the area. LICENSEE agrees to maintain and keep the Improvement Areas in good condition and repair, free and clear of litter and debris and free from any nuisances and to comply with all health and police regulations, in all respects at all times. LICENSEE agrees to dispose of litter and debris in a sanitary and legal manner and location. All of the responsibilities listed in this Paragraph 5 (including subparts) shall collectively be referred to as "Maintenance Responsibilities." 13-3497/2013-07-09_EdingerLandscapeRevised (a) Maintenance of Trees and Plants. LICENSEE's maintenance obligations shall include watering, repairing, maintaining, adjusting and monitoring irrigation systems when failures occur, fertilizing, edging, performing general planting and trimming or other corrective maintenance, spraying with insecticides and herbicides, and generally keeping the Improvement Areas in a clean, secure and attractive condition, taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the Improvement Areas, including but not limited to the following: 1. Provide and apply fertilizer as necessary to sustain healthy growth. 2. Maintain the Improvement Areas to allow access by CITY personnel to CITY facilities and in a condition that is substantially free from weeds, debris and harmful insects at all times. 3. Keep plantings trimmed to eye pleasing appearance. 4. Use only those pesticides and fertilizers approved by the State of California and in a manner consistent with label and legal restrictions. 5. Remove and replace unhealthy, dead, invasive or unplanned plantings as they are observed. 6. Keep the entire area policed and free of litter and deleterious material. LICENSEE shall provide trash pick-up, sweeping, and clean-up as required to ensure no offensive odors, gum, wax, litter, liquids or other materials are allowed to remain on or stain paving, planters, containers, decorative features, artwork or other surfaces. 7. Maintain, repair and operate irrigation system in a manner that prevents water from flooding onto the right-of-ways. 8. All tree trimming shall be done by an I.S.A. Certified Arborist or an I.S.A. Certified tree worker under the direct supervision of an I.S.A. Certified Arborist. Said trimming shall be per the International Society of Arborist, A.N.S.I. 300A standards. Any tree work not conforming to these requirements shall be subject to damage assessment by the City of Huntington Beach Tree Supervisor. Damages may potentially lead to penalties which can involve removing and replacing the damaged tree with an approved replacement of the same size that was originally planted, and payment of fines equal to the value of the original (damaged) tree. Any fines shall be payable by LICENSEE to the CITY. 9. If for any reason LICENSEE is unable to maintain the Improvement Areas in a manner satisfactory to the CITY, LICENSEE shall re -landscape the Improvement Areas to a condition acceptable to the CITY at LICENSEE's sole cost and expense. 10. Control and maintain the Improvement Areas such that no landscaping or plant materials growth, or irrigation water spray, obstructs or hinders vehicular or pedestrian traffic, 13-3497 / 2013-07-09_EdingerLandscapeRevised or encroaches across or onto any bicycle path, sidewalk, public access area, the street right-of-way from the edge of the curb/gutter to the center of any street right-of-way. 11. Conform to all applicable Best Management Practices set forth in the CITY' S Local Implementation Plan Section A-9, Existing Development Exhibit A-9.11, BMP Fact Sheet 1 C7 Landscape Maintenance and the Arboricultural and Landscape Standards Specification issued by the Department of Public Works. (b) Utilities Serving the Improvement Areas. LICENSEE shall bear the expense of electricity and any other utility necessary to serve the Improvement Areas. LICENSEE shall be responsible for using such utilities in a secure and hazardless manner, complying in all respects with applicable codes and ordinances. (c) Signage. LICENSEE shall repair and maintain during the Term any signage constructed and installed on the Improvement Areas by LICENSEE. 6. PLANS AND SPECIFICATIONS. Throughout the Term, LICENSEE shall perform, at its sole cost and expense, any and all repairs, replacements or refurbishing to the Improvements which LICENSEE constructs in the Improvement Areas as necessary to bring the Improvements into an operating condition, all in accordance with plans and specifications as submitted by LICENSEE to CITY, which plans and specifications shall be subject to the prior written approval of CITY. No changes, modifications, or alterations may be made to the Improvement Areas without the prior written consent of CITY. 7. MATERIAL ALTERATIONS. After the approval of the plans and specifications and the installation of the Improvements in the Improvement Areas in accordance with the plans and specifications, no material changes, modifications or alterations may be made to the Improvement Areas without the prior written consent of CITY. 8. CITY REQUIREMENTS. LICENSEE, or anyone performing work on behalf of LICENSEE, shall be properly licensed by CITY for any work performed on the Improvement Areas. Furthermore, LICENSEE, or anyone performing work on behalf of LICENSEE, shall acquire the proper encroachment permit and comply with all other CITY requirements prior to performing any work on Improvement Areas in the public right-of-way. 9. CITY RIGHT TO INSPECT. CITY shall have the right to inspect the Improvement Areas at any time to ensure that LICENSEE is performing its obligations hereunder. CITY and LICENSEE shall negotiate in good faith to come to a mutual agreement as to the time and date for such inspections. 10. DAMAGE TO IMPROVEMENT AREAS. In the event any damage is caused to any pathways, sidewalks, curbs, gutters, street furniture, street lights, medians, streets or utilities as a result of the installation of the landscaped material installed on the Improvement Areas and/or the performance of the maintenance responsibilities of the Improvement Areas, LICENSEE agrees to repair same at its own expense. In the event that damage is caused by the acts of any person to any portion of the landscaped area or in the event any equipment is broken or breaks or is destroyed or in the event vegetation rots or dies, said equipment or vegetation shall be replaced or restored 13-3497 / 2013-07-09_EdingerLandscapeRevised within ten (10) calendar days of the date of the breakage or destruction. Stolen items will be considered destroyed for purposes of this Section 10. 11. REPAIR BY CITY. Notwithstanding any other provision of this License, in the event any damage is caused to any of the LICENSEE's Improvements within the Improvement Areas as a result of the installation, maintenance and/or repair work performed by the CITY or its contractors, agents or employees within the Improvement Areas, CITY shall promptly repair the same at its own expense. 12. COOPERATION. In the event both LICENSEE and CITY are required to repair damage to the improvements the parties shall cooperate with each other so as to minimize the costs incurred by each of them. 13. MECHANICS' LIENS. LICENSEE agrees not to suffer any mechanics' lien(s) to be filed against the Improvement Areas by reason of any work, labor, services or material performed at or furnished to the Improvement Areas, by or through LICENSEE. LICENSEE shall, at its sole cost and expense, cause any mechanics' lien(s) which may be filed against the Improvement Areas to be released or bonded or affirmatively insured within sixty (60) days after the date of filing of such mechanics' lien(s). Nothing in this Agreement shall be construed as consent on the part of the CITY to subject the CITY's estate in the Improvement Areas to any mechanics' lien(s) or liability under the mechanics' lien laws of the State of California. 14. ASSIGNMENT. Other than the License granted hereunder, LICENSEE hereby expressly waives any claim to or interest or estate of any kind or extent whatsoever in the Improvement Areas arising out of the License or out of LICENSEE'S use or occupancy of the Improvement Areas, whether now existing or arising at any future time. This License is appurtenant to the Property and may not be separately assigned apart from the Property or the interests therein. LICENSEE shall give notice in writing to CITY of any such assignment and delegation; such notice shall include the mailing address of the delegee, and will become the delegee's address for service of notices. LICENSEE hereby covenants for itself and its successors and assigns, that conveyance of any interest in the Property shall constitute an assumption by any successors, assigns or transferees of LICENSEE, of the obligations under this License, and upon such conveyance, the predecessor in interest of such assuming party shall be deemed relieved from any further obligations or responsibilities under this License. 15. WORKERS COMPENSATION INSURANCE. Pursuant to California Labor Code § 1861, LICENSEE and its successors or assigns acknowledges awareness of Section 3700 et seq. of said California Labor Code, which requires every employer to be insured against liability for workers' compensation. LICENSEE covenants that it will comply with such laws and provisions prior to conducting any activity pursuant to this license. LICENSEE shall maintain such Workers' Compensation Insurance in an amount of not less than One Million Dollars ($1,000,000) bodily injury by accident, each occurrence, One Million Dollars ($1,000,000) bodily injury by disease, each employee, and One Million Dollars ($1,000,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies reasonably satisfactory to CITY. LICENSEE shall require all subcontractors retained by LICENSEE to perform work hereunder to provide such workers' compensation insurance for all of the subcontractors' employees. LICENSEE shall furnish to CITY a certificate of waiver of subrogation under the 13-3497/2013-07-09_EdingerLandscapeRevised terms of the workers' compensation insurance and LICENSEE shall similarly require all subcontractors to waive subrogation. 16. OTHER INSURANCE. In addition to the workers' compensation insurance in Section 15 above and LICENSEE's covenant to indemnify CITY in Section 18 below, LICENSEE or its successors or assigns shall obtain and furnish to the CITY and carry at all times incident hereto, on all activities to be performed in the Improvement Areas as contemplated herein, general liability insurance including coverage for bodily injury, property damage and motor vehicle coverage. All insurance shall be underwritten by insurance companies reasonably satisfactory to CITY. Said insurance shall name the CITY as Additional Insureds and shall specifically provide that any other insurance which may be applicable to all activities to be undertaken by LICENSEE concerning the Improvement Areas shall be deemed excess coverage and that LICENSEE's insurance shall be primary. Said policy of insurance shall pay on behalf of LICENSEE, its officers, agents, and employees, while acting within the scope of their duties, against any and all claims of liability arising out of or in connection with all activities to be undertaken by LICENSEE concerning the Improvement Areas affected by the license. LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the event of aggregate coverage, LICENSEE shall immediately notify CITY of any known depletion of limits. LICENSEE shall require its insurer to waive its subrogation rights against CITY. 17. CERTIFICATE OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS. Prior to conducting any activity pursuant to this Agreement, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy; and shall state that the policy is currently in force; and shall promise to provide that such policies will not be canceled or modified without providing notice to CITY in accordance with policy provisions. LICENSEE shall maintain the foregoing insurance coverage in force until the Term of this Agreement has expired or this Agreement is terminated. The requirement for carrying the foregoing insurance coverage shall not derogate the obligations of LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to LICENSEE's liability policy as required hereunder, naming the CITY as Additional Insureds, shall be provided to the CITY Attorney for approval prior to the commencement of any work by LICENSEE pursuant to this Agreement. 18. INDEMNIFICATION AND HOLD HARMLESS. LICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees, and assigns (hereinafter collectively called "Indemnified Parties") against any and all liability, claims, judgments, penalties, damages, expenses, costs and demands, including without limitation reasonable attorneys' fees, however caused, including those resulting from death or injury to any person (including without limitation any Indemnified Party), and damage to any property, real or personal, of any kind wherever located and by whomever owned (including, without limitation, 13-3497 / 2013-07-09_EdingerLandscapeRevised property owned by an Indemnified Party), which injury, death or physical damages arises directly or indirectly out of the grant of license herein contained or the activities to be undertaken by LICENSEE (or LICENSEE's officers, employees, agents, contractors, LICENSEES, or invitees) concerning the Improvement Areas, caused in whole or in part by any negligent act or omission of the LICENSEE, any of its contractors, subcontractors, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable (collectively, the "LICENSEE Parties"), including but not limited to concurrent active or passive negligence of the LICENSEE Parties, except to the extent caused by the negligence or willful misconduct of CITY or any of its agents, contractors, subcontractors, officers, or employees. City shall provide immediate notice to LICENSEE whereupon LICENSEE shall conduct any defense required hereunder at its sole cost and expense. 19. INDEPENDENT CONTRACTOR. LICENSEE agrees that all work done or undertaken by it on the Improvement Areas shall be for its sole account and not as an agent, servant or contractor for CITY. 20. RESERVED. 21. DEFAULT. In the event LICENSEE does not perform, or cause to be performed, any of the Maintenance Responsibilities as contemplated by this Agreement, CITY shall first provide written notice to LICENSEE in the manner and at the address for notices provided in Section 23, describing the alleged default by LICENSEE. If LICENSEE fails to cure said default within thirty (30) calendar days following the date of delivery of such notice of default, CITY may thereafter cause such maintenance to be performed, and all actual and reasonable costs incurred shall be assessed to and billed directly to the LICENSEE. Any invoice for such costs incurred shall include copies of paid invoices evidencing the costs incurred. Payment from LICENSEE shall be due within thirty (30) calendar days following the date of receipt of invoice. In addition, one and a half (1-1/2%) interest per month shall be added for each month payment hereunder is due but unpaid. 22. APPLICABLE LAW. LICENSEE shall, at its sole cost and expense, faithfully observe in the use and occupation of the Improvement Areas all municipal ordinances, and all state and federal statutes now in force and which may hereafter be in force, and shall fully comply, at its sole expense, with all regulations, orders, and other requirements issued or made pursuant to any such ordinances and statutes. All building permits, business licenses and other applicable permits and licenses shall be secured and paid for by LICENSEE. 23. NOTICES. Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to LICENSEE (as designated herein) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope and sent (i) postage prepaid, and depositing the same in the United States Postal Service, via certified or 7 13-3497/2013-07-09_EdingerLandscapeRevised registered mail, or (ii) using nationally recognized overnight courier service, or (iii) via facsimile transmission (with a copy to also be placed in the United States Mail), and addressed as follows: TO CITY: TO LICENSEE: City of Huntington Beach BTDJM Phase II Associates, LLC 2000 Main Street 922 Laguna Street Huntington Beach, CA 92648 Santa Barbara, CA 93101 Attn: Director of Public Works Attn: Ms. Becky Sullivan Tel: (714) 536-5431 Tel: (805) 962-4300 Facsimile: (714) 374-1573 Facsimile: (805) 962-4343 Any mailing address or telefacsimile number may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. A person may not give official or binding notice by facsimile. The effective time of a notice shall not be affected by the receipt, prior to the receipt of the original, of a facsimile copy of the notice. 24. CAPTIONS AND TERMS. The captions and section numbers appearing in the Agreement are for convenience only and are not a part of the Agreement and do not in any way limit, amplify, define, construe or describe the scope of intent of the terms and provisions of this Agreement, or in any way affect this Agreement. 25. RECORDATION. LICENSEE shall record this Agreement in the Official Records of the County of Orange, State of California. 26. NON -EXCLUSIVITY. This License is non-exclusive, and the Improvement Areas shall at all times be open to use by the general public. 27. NONDISCRIMINATION. LICENSEE agrees that in the performance of this Agreement and use of the Improvement Areas it will not engage in, discrimination against any person because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex. 28. COOPERATION. LICENSEE shall in good faith cooperate in connection with its respective rights and obligations under this Agreement, including, but not limited to, performing any acts and executing any further documents that may be reasonably necessary to effectuate the purposes of or rights conferred under this Agreement. 29. SEVERABILITY. If any provision of this Agreement shall to any extent be deemed to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision, shall be valid and enforceable to the fullest extent permitted by law. 13-3497 / 2013-07-09_EdingerLandscapeRevised 30. ENTIRE AGREEMENT. This Agreement, together with any attachments hereto or inclusions by reference, constitutes the entire agreement between the parties hereto relating to the rights herein granted and the obligations herein assumed, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties hereto with respect to the rights and obligations contained herein. Any oral representations or modifications concerning this instrument shall be of no force or effect except a subsequent modification in writing, approved by the CITY and signed by the parties to be charged. 31. ATTORNEY'S FEES. If any action or proceeding is brought by either party against the other under this Agreement, whether for interpretation, enforcement or otherwise, each party shall bear its own attorneys' fees. The prevailing party shall not be entitled to recover its attorneys' fees from the nonprevailing party. 32. RESERVED. 33. GOVERNING LAW. This Agreement shall be governed, construed, interpreted, and enforced under and in accordance with and governed by the laws of the State of California. 34. AMENDMENTS. This Agreement may be amended, modified, and/or supplemented only by the written agreement of LICENSEE and CITY, or the successors and assigns of each. 35. COVENANTS. Each of the covenants set forth in this Agreement (i) shall run with the land; (ii) shall be binding upon, and shall inure to the benefit of, any person or entity having or acquiring any interest in any portion of any property benefited or burdened thereby, during the period of such person's or entity's ownership, and all of their respective successive owners and assigns; and (iii) shall be binding upon, and shall inure to the benefit of, the property benefited or burdened thereby and every portion thereof and interest therein. The License granted by this Agreement is subject to all matters of record as of the effective date of this Agreement. 36. DELEGATION OF AUTHORITY. CITY hereby delegates to its City Manager or his or her designee the authority to implement all provisions of this Agreement. 37. EXCLUSIVE BENEFIT OF PARTIES. The provisions of this Agreement are for the exclusive benefit of CITY and LICENSEE and their successors and assigns, subject to the provisions hereof, and neither for the benefit of nor give rise to any claim or cause of action by any other person. 38. SURVIVAL. All representations, warranties, waivers, and indemnities given or made hereunder shall survive termination of this Agreement. REST OF PAGE INTENTIONALLY LEFT BLANK 9 13-3497 / 2013-07-09_EdingerLandscapeRevised 39. AUTHORITY TO SIGN. LICENSEE hereby represents that the individual executing this Agreement on behalf of LICENSEE has full authority to do so and to bind LICENSEE to perform pursuant to the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on �l a q . i ---'2 2013. LICENSEE: BTDJM PH SSOCIATE a Del are limited lia ' ' company -3-0lrvn IM i I Lem print name ITS: (circle one) Chainnan4reside Vice President AND By: print name ITS: (circle one Secret /Chief Financial Officer/Asst. Secretary - Treasurer CITY: CITY OF HUNTINGTON BEACH, a California municipal corporation Mayor Cit Clerk INITIATED AND AP ROVED: Director of Public rks AND APPROVED: APPROVED AS TO FORM: Aty Attorney !A / ILL � 10 13-3497 / 2013-07-09EdingerLandscapeRevised State of California County of Santa Clara On July 24, 2013 ACKNOWLEDGMENT before me, J. Dutra, Notary Public (insert name and title of the officer) personally appeared Eric Sahn and D. John Miller who proved to me on the basis of satisfactory evidence to be the persons)%whose name(s))is/fie) subscribed -to the within instrument and acknowledged to me, -that he/she%tfheyexecuted the same in his/her/.their authorized capacity(ies),)and that by his/her/their signature(s),on the instrument the person, (s)r the entity upon behalf of which the perso (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. J. DUTRA WITNESS my hand and official seal. Commission No. 196ms NOTARY PUBLIC-CALIFOR&M SANTA CLARA COUW j MY Comm. Expires JAN LUARYY 14, 201A Signature (Seal) ACKNOWLEDGMENT STATE OF CALIFORNIA ss COUNTY OF ORANGE On August 21, 2013, before me, P. L. Esparza, Notary Public, personally appeared Joan L. Flynn and Connie Boardman 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. 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. (Notary Signat e) Canmission • 2032750 Notary PubNc - Ca "I oranps County E 4. 17 -1 Comm (Seal) EXHIBIT "A" LEGAL (DESCRIPTION OF PROPERTY Lot "A" of Tract Map No. 17261 as per map filed in Book 914, Pages 24 through 27, inclusive of Miscellaneous Map of the Official Records of the County of Orange, State of California. LOT 3 � 17261 - TR 17261 i I AREAS MAINTAINED BY BTDIJM ! f-R/W � j �( �` �SIDEWALK CURB U' EDINGER AVENUE AREA MAINTAINED BY CITY RAISED MEDIAN LANDSCAPED "fMPRo"ENT AREAS" 40 20 0 40 BD GRAPHIC SCALE 1"= 40' PREPARED BY.- 7125112 PREPARED FOR: PiAL PAR NIBS, 1P-1 CAII NCINSAXES. & ASSOCIATES 922 Laguna Street, Santa Barbara, CA 93101 Contact: Becky Sullivan, Phone: (805) 962-4500 h ww IN 1 i' BELLA TERRA it MNCER AVENUE HUNnNGTON BEACH, CA "IMPROVEMENT AREAS° r P- - , , I w' N C t'. e .� K.r 1' Item 14. - 17 HB -160- August 25, 2010 SUBJECT: APPLICANT: PROPERTY OWNER: LOCATION DATE OF ACTION: Huntington Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION SITE PLAN REVIEW NO. 10-001 (THE VILLAGE AT BELLA TERRA — COSTCO) Becky Sullivan, BTDJM Phase II Associates, LLC, 922 Laguna Street, Santa Barbara, CA 93101 Becky Sullivan, BTDJM Phase II Associates, LLC, 922 Laguna Street, Santa Barbara, CA 93101 Southern California Edison, Dino J. LaBanca, 2131 Walnut Grove Avenue, G03, 2"d Floor, Rosemead, CA 91770 7601 Edinger Avenue (between Edinger Avenue and Center Avenue, west of existing Bella Terra development and east of Union Pacific Railroad) April 24, 2010 On Tuesday, April 24, 2010, the Huntington Beach Planning Commission took action on your application, and your application was conditionally approved. Attached to this letter are the revised findings and revised conditions of approval. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. Under the provisions of the Bella Terra Specific Plan (SP. 13), the action taken by the Planning Commission becomes final at the expiration of the appeal period. As specified in SP 13, the property owner or a City Council member may file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand, Seven Hundred Four Dollars ($2,704.00). In your case, the last day for filing an appeal and paying the filing fee is September 3, 2010 at 5:00 PM. Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org HB -161- Item 14. - 18 Page Two Site Plan Review No. 10-001 Notice of Action August 25, 29010 Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, unless actual construction has started. "Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020." If you have any questions, please contact Jane James, the project planner, at iiames(ci)-surfcity- hb.2r4 or (714) 536-5596 or the Planning and Building Department Zoning Counter at (714) 536-5271. Sincerely, Scott Hess, Secretary Planning Commission By: Herb Fauland, Planning Manager SH:HF:JJ:jr Attachment: 1. Findings and Conditions of Approval — SPR No. 10-001 2. Public Works Conditions of Approval — SPR No. 10-001 3. Revised Mitigation Monitoring and Reporting Program — Addendum to EIR No. 07-003 C. Honorable Mayor and City Council Chair and Planning Commission Fred A. Wilson, City Administrator Scott Hess, Director of Planning and Building Bill Reardon, Division Chief/Fire Marshal Mike Vgliotta, Deputy City Attorney III Debbie DeBow, Principal Civil Engineer Gerald Caraig, Permit -Plan Check Manager Jane James,=Senior Planner Property Owner Project File Item 14. - 19 HB -162- ATTACHMENT NO. 1 Srr E PLAN REVIEW NO. 10-001 FINDINGS FOR APPROVAL — SflTE PLAN REVIEW NO. 1 0-001: Site Plan Review No. 10-001 for the establishment, maintenance and operation of the 154,113 sq ft Costco with tire sales/installation center, outside food service, and 16-pump gas station; 467 multi -family residential units; an additional 30,000 sq ft of mixed use retail and restaurants; a shared use of parking, and; a 3'-9" retaining wall along the western boundary, 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 regional commercial use and the mixed -use residential and retail development, with the recommended conditions of approval, incorporates architectural and design principles to help ensure maximum compatibility of design with the existing Bella Terra, promote pedestrian -friendly entries and uses, and promote the use of high quality exterior materials. Structures on the project site would vary in heights in order to provide variety to the roofline and to reduce overall building massing. Development standards and design guidelines in Specific Plan No. 13 ensure that form, height, and development convey an overall high level of quality. Landscaping and paving patterns will be compatible with the adjacent Bella Terra development and the project will contain gathering places for public activity. 2. The site plan review will be compatible with surrounding uses because circulation patterns effectively move passenger vehicles and delivery trucks around the site; adequate parking for the proposed development will be included; the conditions will ensure monitoring of future parking conditions; a high level of quality architecture is proposed with the mixed use portion of the building and will be incorporated, via conditions of approval, on the warehouse and sales outlet; the overall project will incorporate sustainable building practices to maximize energy efficiency, and the Costco building will be equivalent to LEED certified. The proposed 154,113 sq ft Costco with tire sales/installation center, outside food service, and 16-pump gas station, 467 multi -family residential units; an additional 30,000 sq ft of mixed use retail and restaurants; a shared use of parking, and; a 3'-9" retaining wall along the western boundary will comply with the provisions of Specific Plan No. 13 and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance.. The proposed project meets code requirements in terms of building height, setbacks, landscaping, common and private open space, and with conditions imposed may include reciprocal access for pedestrian and bicycle connections from the westerly adjacent property to the Bella Terra development. 4_ - The. granting of the site plan review. will.. not, adversely affect..the- General. ..Plan. It is consistent with the Land Use Element designation of CR-F2-sp-mu (F9) (Regional Commercial) for Area. A and CR-F2-sp-mu (F 14) (Regional Commercial) for Area B on the HB -163- Item 14. - 20 subject property. In addition, it is consistent with the following goals and policies of the General Plan: A. Circulation Element Objective CE 3.2: Encourage new development that promotes and expands the use of transit services. 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. GrowthManagementElement 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 Policy H 2.2: 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. - -- -------- Item 14. - 21 xB -164- 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 LU9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and fixture residents of Huntington Beach. Policy LU 9.1.9: 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. Policy LU 10.1.15: Require that regional commercial developments be designed to convey the visual sense of an integrated center by consideration of the following principles: a. Use of multiple building volumes and masses and highly articulated facades to reduce the visual sense of large scale "boxes"; b. Use of roofline or height variations to visually differentiate the building massing and incorporation of recesses and setbacks on any elevation above the second floor above grade, c. Siting of a portion of the buildings in proximity to their primary street frontage to convey a visual relationship to the street and sidewalks; d. Design of the exterior periphery of the structures to contain shops, restaurants, display windows, and other elements that provide visual interest to parking areas and the street elevation; e. Inclusion of a "public square" as a gathering place of public activity in multi - tenant regional centers; f Clear identification of building entrances; g. Use of landscape that provides a three-dimensional character; h. Encourage the provision of public art; i. Inclusion of consistent and well -designed signage integrated with the building's architectural character, including pedestrian -oriented signage; and j.. Design of parking_ structures. to be visually integrated with the commercial buildings. 3 1413 -165- Item 14. - 22 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 IL 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 L U 11.1. is 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 LU4); 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 L3.1©: 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. F. Urban Design Element Goal UD L 1: Enhance the visual image of the City of Huntington Beach G. Utilities Element Objective U 5.1: Ensure that adequate natural gas, telecommunication, and electrical systems are provided. 4 Item 14. - 23 HB -166- The proposed amendments to the General Plan land use designation and Specific Plan 13 are a mechanism to achieve the goals of economic growth and sustainable development. The amendments would allow for a regional commercial business along with a mixed use, 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 large scale commercial and entertainment uses, employment centers, a transit hub, and a college. Because of its location and unique features, the site would be appropriate in accommodating an infill development that includes a regional commercial draw and a mixed - use project that is 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. The proposed project would be a regional commercial warehouse and sales outlet along with a mixed -use high -density development that offers a wide range of retail and housing opportunities and options, accommodating different age groups, income levels, and household types. The project is required to meet the City and California State Redevelopment Law for affordable housing obligations providing the equivalent of 15 percent of the units as affordable. In addition, the mixed -use component provides a concentration of living, shopping, entertainment, and employment opportunities within walking distance of the existing Bella Terra lifestyle development. 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 errands. The proposed project, with the recommended conditions of approval, incorporates architectural and design principles to help ensure maximum compatibility of design with the existing Bella Terra, promote pedestrian -friendly entries and uses, and promote the use of high quality exterior materials. Structures on the project site would vary in heights in order to provide variety to the roofline and to reduce overall building massing. Development standards and design guidelines in Specific Plan No. 13 ensure that form, height, and treatment of future development convey an overall high level of quality. Maximum setbacks are established so that buildings are sited close to streets, the project will contain gathering places for public activity, and public amenities are required. Therefore, development at the project site would not conflict with the above General Plan goals and policies. HB -167- Item 14. - 24 CONDITIONS OF APPROVAL — SITE PLAN REVIEW NO. 10-001: 1. The Costco site plan, floor plans, and elevations received and dated August 9, 2010 shall be the conceptually approved design with the following modifications: a. An at -grade pedestrian connection with ADA access, shall be provided on -site along the west property line to connect to a future at grade bridge across the railroad tracks and flood control channel to the property to the west. The access point shall be a minimum of 10 feet wide and be located along the west property line at a point between 225 feet and 655 feet north of Edinger Avenue. The precise location of the connection shall be determined by the Director of Planning and Building, in collaboration with the applicant and the owner/developer of the property to the west, at the time the property to the west i s approved for development. b. The 40 foot wide area between the south side of Costco and the residential parking garage shall be designed to accommodate a minimum 26 foot wide fire lane as well as an architecturally pleasing pedestrian walkway. The pedestrian walkway shall include enhanced landscaping, decorative hardscape, lighting, benches and other appropriate amenities to encourage pedestrian and bicycle activity. The required fire lane should be constructed of a driveable surface, subject to the approval of the Fire Chief. c. Revise the proposed circulation and traffic pattern in the drive aisle immediately north of the existing parking structure so that it remains a two-way drive aisle. Accordingly, the proposed angled parking should be revised to angle toward westbound traffic or be revised to 90 degree stalls with proper back-up space. Revise the proposed sign in this parking area to read "Costco Member Parking During Store Hours." d. Amend parking stalls to meet minimum required overall dimensions to achieve no stall less than 17 feet in length with maximum two foot overhang into adjacent planter and 26 foot back-up space for all 90 degree stalls. In any place where the stall overhangs into a required planter, the planter width shall provide the minimum width required (three feet planter for parking areas less than 100 feet long or five feet planter for parking areas greater than 100 feet long), without relying on the vehicle overhang area. e. Provide a mechanism, such as removable bollards, to close the gap along the east side of the proposed gas station. The proposed design shall be decorative in nature and consistent with colors and materials established at Bella Terra mall. f. The main store entrance shall be embellished to improve it as the main focal point. Embellishments may consist of raising the roof height, increasing architectural projections, and providing richer accent materials instead of split face and smooth face concrete masonry units for wall materials. Other embellishments proposed by the applicant's architect may also be acceptable (DRB Recommendation). g. Additional building projections shall be incorporated on the north elevation. The _.._ projections shall also include a return to the roof area for a three-dimensional appearance instead of a flat plane (DRB Recommendation). 6 Item 14. - 25 HB -168- h. The proposed texture clad metal panels shall include a smooth stucco finish instead of a rough stucco finish (DRB Recommendation). i. The split face and smooth face concrete masonry units as the predominant exterior building material on the north and east elevations shall be revised to include or be accented with other exterior building materials, such as, brick, wood, sandstone, other native stone, smooth stucco, smooth plaster, tile, or other decorative material as listed in the Specific Plan (DRB Recommendation). j. Enhanced paving materials, lighting, signage, and landscaping pattern and materials at driveway entrances and pedestrian connections should match existing color and materials found at Bella Terra Phase I. Enhanced paving materials at the store entrance shall be consistent with color, pattern, and design elements found at Bella Terra Phase I but may be stamped and scored concrete in lieu of pavers (DRB Recommendation). k. The design of the metal pipe shopping cart corrals within the parking lot should be improved for architectural consistency with materials and colors found at Bella Terra Phase I (DRB Recommendation). 1. The design of the shopping cart corrals within the parking structure shall be designed so carts do not roll out and appropriate signage directing patrons to the cart return area is provided. in. The width of all parking spaces adjacent to a wall more than forty-two (42) inches in height shall be increased by three feet for a total clear parking stall width of twelve feet. n. Revise the site plan to amend the note located south of the Costco building from "Proposed parking structure with apartments above," to "Proposed parking structure." o. A four foot high decorative wrought iron fence with shepherd hooks or other design elements to discourage climbing over, shall be installed on top of the three foot, nine inch high retaining wall along the west property line, subject to approval of the Police Department and Planning and Building Department. 2. The Village at Bella Terra Mixed Use Retail and Residential site plan, floor plans, and elevations received and dated June 17, 2010 shall be the conceptually approved design with the following modifications: a. An at -grade pedestrian connection with ADA access, shall be provided on -site along the west property line to connect to a future at grade bridge across the railroad tracks and flood control channel to the property to the west. The access point shall be a minimum of 10 feet wide and be located along the west property line at a point between 225 feet and 655 feet north of Edinger Avenue. The precise location of the connection shall be determined by the Director of Planning and Building, in collaboration with the applicant and the owner/developer of the property to the west, at the time the property to the west is approved for development. b. The 40 foot wide area between the south side of Costco and the residential parking garage shall be designed to accommodaie a minimum 26 foot wide fire lane as well as an architecturally pleasing pedestrian walkway. The pedestrian walkway shall include enhanced landscaping, decorative hardscape, lighting, benches and other appropriate xB -169- Item 14. - 26 amenities to encourage pedestrian and bicycle activity. The required fire lane should be constructed of a driveable surface, subject to the approval of the Fire Chief. c. Provide continuation of the pedestrian walkway along the north side of the northeast corner of the residential units, then south to the "outdoor living room" space of the mixed use retail buildings. d. Post "No Trucks (Except Refuse Collection) Beyond This Point," at southwest corner of residential. e. Residential parking shall be assigned and provided within the proposed residential parking structure behind a secured gated entry. The ground floor of the residential parking garage shall provide a minimum of 84 out of the 94 required guest parking spaces. The remaining required guest parking spaces may be located on upper floors of the parking garage if accessible through call system on the residential gates or in the surface parking lot adjacent to the residential building. i All residential units shall meet the minimum 500 square feet of interior floor area requirement. g. All residential floor plans shall demonstrate a minimum of 60 square feet of private open space with no dimension less than six feet. h. Ramp slopes in the parking garage shall be redesigned to meet the maximum slope permitted by code. Transition ramps which are also used as back-up space for parking stalls shall have a maximum slope of 5 percent. The maximum slope for transition ramps with no adjacent parking spaces shall be 10 percent. A ramp used for ingress and egress to a public street shall have a transition section at least lb feet long and a maximum slope of 5 percent. i. Any parallel parking stalls shall be designed to meet the minimum maneuverable area between every two stalls as required by HBZSO Chapter 231. j. Provide bicycle parking as required by HBZSO Chapter 231. k. The width of all parking spaces adjacent to a wall more than forty-two (42) inches in height shall be increased by three feet for a total clear parking stall width of twelve feet. 3. Any buildings required to be LEED Silver Certified shall follow the appropriate progression steps and submittal forms, as recommended by LEED and the City's Energy Project Manager, throughout the plan check, permit issuance, and construction phases of the project. 4. Prior to issuance of grading permits, the following shall be completed: a. At least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 1,000-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Planning and Building Department. Item 14. - 27 HB -170_ 5_ Prior to submittal for building permits, the following shall be completed: a. Submit a copy of the revised site plans, floor plans, and elevations pursuant to Condition No. 1 and Condition No. 2 for review and approval and inclusion in the entitlement file to the Planning and Building Department and submit digital photographs of all colored renderings, elevations, materials sample board to the Planning and Building Department for inclusion in the entitlement file. b. All venting and mechanical systems for any restaurants shall be designed and constructed to minimize potential odor impacts to the residential units above or surrounding the ground floor commercial uses. Any external venting or mechanical equipment not screened to the satisfaction of the City shall be subject to review and approval by the Design Review Board prior to submittal of building permits. 6. Final building permits for the Costco commercial structure(s) cannot be issued, until the following has been completed: a. Evidence of LEED Silver Certification or the equivalent for the 154,113 square foot Costco building has been verified by the applicant and all associated records and documentation shall be submitted to the Planning and Building Department and maintained for public review and inspection. 7. Final building permits for Village at Bella Terra Mined Use Retail and Residential 1 structure(s) cannot be issued, until the following has been completed: a. Evidence of LEER Silver Certification for a minimum 1,000 square foot building has been applied for and/or completed. b. In addition to the structures to be LEED Silver certified, incorporating sustainable or "green" building practices into the design of all other proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEER) Program certification (http://www.us bg c org/ DisplavPa e.aspx? CategaryID=19) or Build It Green's Green Building Guidelines and Rating, Systems (http://www.builditgreen- orglindex. cfm?fuseaction=guidelines). 8. All Mitigation Measures outlined in the Mitigation Monitoring Program (Attached) for EIR No. 07-03 and Addendum to EIR No. 07-03 shall be adhered to. 9. The use shall comply with the following: a. Costco's hours of operation shall be limited to: 1) Warehouse and Tire Sales/Installations: Monday through Friday 10:00 AM to 8:30 PM; Saturday 9:30 AM to 6:00 PM; and Sunday 10:00 AM to 6:00 PM The Warehouse may open at 9:00 AM for business members only. 2) Fuel Facilities: Monday through Friday 6:00 AM to 9:30 PM; Saturday 6:00 AM to 7:00 PM; and Sunday 6:00 AM to 6:00 PM HB -171- Item 14. - 28 These hours are not intended to regulate nighttime stocking or delivery activities; however, all stocking activities outside of regular store hours shall take place on the interior of the store only. Deliveries by large Costco trucks, outside of normal store hours, shall take place only via trucks sealed at designated loading docks; deliveries by smaller vendor trucks may occur at the receiving door on the west side of the building. Any request to operate outside of these hours requires an Entitlement Plan Amendment application and an update to the traffic impact study conducted for Addendum to EIR No. 07-03. b. Costco shall direct large delivery trucks and fuel station delivery trucks to access the site from Center Avenue and follow the truck turning radius plan submitted with the conceptually approved plans dated August 9, 2010. All trucks shall utilize designated truck routes when arriving at or departing from the site. c. All Bella Terra management employees, all Bella Terra tenant (retail, restaurant, and office) employees, and all Costco employees shall park on the top two levels of the six - level parking structure located on the north side of Bella Terra Area A- If the top two levels of the parking structure are full, employees shall park on other levels of the parking structure in descending order and in the most remote areas of the surface parking lot only as a last resort In no case shall any employees park in the surface lot, containing approximately 557 spaces, to the north and northeast of the Costco building. d. In the event The Village at Bella Terra Mixed -Use Residential and Retail project does not begin construction within one month of the completion of demolition of the Montgomery Ward store and auto repair building, the site shall be hydroseeded for erosion control. Provision of temporary parking subject to approval by the Planning and Building Department and Public Works Department is also acceptable. e. Any re -use of the Costco site or request for future demising walls for the purpose of separating new tenant spaces within the Costco building shall require approval of a Site Plan Review by the Director of Planning and Building. Re -use of the site or building requires an Entitlement Plan Amendment application, an update to the traffic impact study conducted for Addendum to EIR No. 07-03, and an update to the approved Parking Management Plan. f. There shall be no outside storage of storage containers or bins, vehicles, vehicle parts, equipment, or trailers. The occasional display of vehicles for sale through Costco's vehicle sales program is acceptable. There shall be no outside storage of pallets or trash compactors unless located behind screen walls. g. All prospective residential tenants should be provided with a disclosure regarding the mixed use nature of the project and this information shall be available in the leasing office and advertising literature. All potential residents should be required to sign a waiver or disclosure form that it is understood that The Village of Bella Terra is a mixed use project and that uses such as, restaurant, live entertainment, and alcohol sales, etc. may be established on the ground floor of the building. h. Each residential unit shall receive assign parking space(s), equal to the number of spaces required per the unit's bedroom count, within the residential parking garage. Parking space numbers shall not match unit numbers for safety purposes. 10 Item 14. - 29 HB -172- i. An on -site parking survey shall be conducted by a licensed traffic engineer to determine the parking demand in relation to the parking supply, prior to any one of the following events: 1) One year after the issuance of the Costco Certificate of Occupancy; or 2) . The parking ratio falls below 4.2 spaces/1,000 square feet due to a reduction of spaces or an increase in demand; or 3) Any re -use or re -tenanting of any major anchor space. The term major anchor space shall be defined as any space greater than 70,000 square feet, including the movie theater The parking surveys shall consist of hourly counting Wednesday through Sunday for two consecutive weeks between the hours of 9:00 AM to 10:00 PM. If the survey demonstrates that the on -site parking is more than 95% occupied, at least three times per week, for a duration of at least two hours, then the property owner shall prepare a Parking Management Plan (PAP) and submit the PMP to the Planning and Building Department for approval. The PMP shall propose means for mitigating any identified on -site parking deficiency, including one or more of the following: re -striping parking spaces to add parking spaces, if feasible; expanding the on -site valet parking program; converting common areas not used for parking to parking uses, if feasible; providing employee parking at an offshe location with a shuttle service; promoting employee carpooling or alternative transportation options; or other option identified by the property owner and acceptable to the City. The parking management strategies, such as valet or shuttle service, shall only be implemented on the days of the week that the parking surveys reveal greater than 95% occupancy. 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 and Building 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 Planning Commission's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18_ 11. Site Plan Review No. 10-001 shall not become effective until the City Council approves General Plan Amendment No. 10-001 and Zoning Text Amendment No. 10-001. 11 1113 -1731- Item 14. - 30 INDEAMMCATION 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. 12 Item 14. - 31 1413 -174- y HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT DATE: AUGUST 16, 2010 PROJECT NAME: COSTCO WHOLESALE AND MIXED USE PLANNING APPLICATION NO. PLANNING APPLICATION NO.2010-061 ENTITLEMENTS: GENERAL PLAN AMENDMENT NO. 2010-001, ZONING TEXT AMENDMENT NO. 2010-001, SITE PLAN REVIEW NO. 2010- 001, ENVIRONMENTAL ASSESSMENT NO. 2010-003 DATE OF PLANS: AUGUST 9, 2010 (COSTCO) & JUNE 17, 2010 (MIXED USE) PROJECT LOCATION: 7601 EDINGER AVENUE, HUNTINGTON BEACH (APN: 142- 073-26) PLAN REVIEWER: WV/ BOB MILANI, SENIOR CIVIL ENGINEER TELEPHONE/E-MAIL: 714-374-1735 / BOB.MILANI(a-)SURFCITY-HB.ORG PROJECT DESCRIPTION: GPA: AMEND SIZES OF SUBAREAS 5A AND 5B OF THE GENERAL PLAN; ZTA: AMEND SIZES OF AREA A AND B OF SPECIFIC PLAN NO. 13 AND ADD TIRE SALES/ INSTALLATION AND GAS STATION AS PERMITTED USES; SPR: DEMOLISH MERVYN'S AND MONTGOMERY WARDS STORE AND AUTO REPAIR TO DEVELOP A 154,113 SQ FT COSTCO WITH TIRE SALES/INSTALLATION CENTER, OUTSIDE FOOD SERVICE, AND GAS STATION, ALONG WITH CONCEPTUAL PLANS FOR UP TO 468 MULTI -FAMILY RESIDENTIAL UNITS AND AN ADDITIONAL 30,000 SQ FT OF RETAIL; EA: TO REVIEW THE PROPOSED AMENDMENTS AND PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TO DETERMINE THE NECESSARY ENVIRONMENTAL DOCUMENTATION. 1. The site plan, floor plans and elevations received and dated August 9, 2010 (Costco) and June 17, 2010 (Mixed -use), shall be the conceptually approved layout with the following modifications: a. Additional exhibits shall be provided to depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. In accordance with Section 3.4.3.5 of Specific Plan No. 13, utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard _ ... ... ATTACHMENT N®. 2 HB -175- Item 14. - 32 Page 2 of $ shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) b. Additional exhibits shall be provided to depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non - obtrusive, not interfere with sidewalk areas and comply with required setbacks. c. Enhanced paving within the public right-of-ways on Edinger Avenue and Center Avenue shall not be allowed. (Code Requirement). d. In accordance with Section 3.4.2.1 of Specific Plan No. 13, a drive aisle with a minimum width necessary for two-way traffic without adjacent parking from the driveway entry on Edinger Avenue shall provide an accessible travel way to the parking lots adjacent to Center Street. Landscaping along Edinger Avenue shall be provided in conformance with the increased width shown in the Edinger Avenue Precise Plan of Street Alignment to the maximum extent possible. e_ Building pad transitions shall be designed to match up with the existing improvements on the adjacent parcels, and all modifications needed to allow for the match up shall be indicated on the site plan. Any required reconstruction, including asphalt areas, curb and gutter, landscaping and median island, drainage infrastructure, drive aisle improvements and related work on adjacent parcels and outside the limits of the site plan parcel shall be shown on the improvement plans for the site. f. Project data information shall include the flood zone and the base flood, and lowest building floor elevations per NGVD29 datum or an equation schedule to show equivalence to that datum for coordination with available FEMA mapping. g. ADA path of travel running between or through parking areas or rows shall be a minimum of 10 feet in width or 6 feet in width for a raised sidewalk path. All driveway crossings shall conform to Title 24 and ADA requirements. THE FOLLOWING CONDITIONS ARE REQUIRED TO BE COMPLETED PRIOR TO ISSUANCE OF A DEMOLITION PERMIT: 2. The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCBs. These requirements include but are not limited to: survey, identification of removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies (Mitigation Measure). 3. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos survey shall be completed (Mitigation Measure). 4. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District (Mitigation Measure). 5. A truck hauling and routing plan for all trucks involved in asbestos removal and demolition of the existing structures shall be submitted to the Department of Public Works and approved by the Director of Public Works (Mitigation Measure). Item 14. - 33 HB -176- Page 3 of 8 6. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director (Mitigation Measure).. 7. The project Storm Water Pollution Prevention Plan (SWPPP) shall include interim provisions for the demolition operations. THE FOLLOWING CONDITIONS ARE REQUIRED TO BE COMPLETED PRIOR TO ISSUANCE OF A GRADING PERMIT: 8_ All vehicular access rights to Edinger Avenue and Center Avenue shall be released and relinquished to the City of Huntington Beach, except at locations approved by the Director of Planning, or as restricted by existing restricted access requirements as shown on previously recorded maps, easements or dedications. 9. The subdivider shall provide evidence and recorded documentation to the satisfaction of the City of the vehicular and pedestrian access rights, the right to construct off -site improvements, the right to operate, and maintain the private storm drain and sewer systems, and the right for the City and the Property Owner's Association to access and perform maintenance on the improvements located within the Southern California Edison right-of-way between Center Drive and the northerly map boundary. Approval from Southern California Edison must also be obtained for any changes, quitclaims or realignments of existing easements. 10. The sewer and portions of the storm drain system located onsite shall be private and maintained by the Property Owners Association. 11. The Public Works Department shall review and approve the final geometrics and design of onsite circulation and truck delivery drive aisles for reciprocal access and consistency with any new parcels created or reconfigured. 12. If phasing of construction or improvements is proposed, a detailed phasing plan shall be submitted_ The phasing plan shall address all on and off -site infrastructure improvements, timing of building construction, and methods of providing emergency as well as customer access to existing tenants on adjacent parcels. Any future phasing plan shall be subject to review and approval by the Directors of Public Works, Fire, Building and Safety, and Planning. 13. The applicant shall prepare a Groundwater Hydrology Study to determine the lateral transmissivity of area soils and a safe pumping yield such that dewatering activities do not interfere with nearby water supplies. Based on the Groundwater Hydrology Study, the Geotechnical Hydrogeologic, or other qualified Engineer shall determine whether permanent groundwater dewatering is feasible within the constraints of a safe pumping level. The project Applicant shall incorporate the qualified Engineer's designs and recommendations in project plans. If safe groundwater dewatering is determined to not be feasible, permanent groundwater dewatering shall not be implemented. The City's Director of Public Works shall approve or disapprove of any permanent groundwater dewatering based on the Groundwater Hydrology Study and qualified Engineer recommendations. 14. The applicant shall provide proof that driven friction piles extending into the stiff and/or dense natural soils encountered below depths of about 45 to 50 feet below the existing grade are to be utilized. Mitigation may be required for friction piles for the proposed buildings at their current locations or at other locations within the project site, for minor structures such as low retaining walls and freestanding walls, as well as for building floor slabs and other concrete xB -1 77- Item 14. - 34 Page 4 of 8 walks and slabs adjacent to the buildings, subject to the approval of the Public Works Director (Mitigation Measure). 15. The applicant shall ensure that any required import material consists of relatively non - expansive soils with an Expansion Index of less than 35. The imported materials should contain sufficient fines (binder material) so as to be relatively impermeable and result in a stable subgrade when compacted. All import materials shall be approved, subject to the approval of the Public Works Director (Mitigation Measure). 16. The applicant shall provide and execute a Landscape License Agreement for maintenance of landscaping within the public right-of-way. 17. A Precise Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. The following shall be shown on the grading plans (PW): a. Handscape improvements, including, but not limited to, paving, sidewalk, curb and gutters, decorative paving, signing and striping, and other features to be constructed by the plan shall be shown with horizontal and vertical dimensions and elevations. b. Private sewer improvements, including laterals up to each commercial unit, shall be designed per the final approved sewer study and City Standards. c. A composite utility plan showing the relationship of all utilities proposed onsite shall be shown for reference. d. Private water service improvements beyond the public water system appurtenances shall be shown for reference only. e. Entry/exit throats of appropriate length and width shall be provided at each project access point to facilitate safe, convenient, and unobstructed vehicle access. Areas adjacent to these entrylexit points shall be designed to provide appropriate stopping sight distance for vehicles, trucks, pedestrians and bicyclists. f. A new 12 inch public waterline on the north side of the development, approximately 600 feet in length tying into the existing 10 inch public waterline on the north side, that serves the property from Center Avenue, and the existing public 12 inch public waterline on the east side of the development, located at the northwest corner of the Mervyn's site, shall be required per Water Division Standards. g. A new 12 inch public waterline on the west side of the development, approximately 1100 feet in length tying into the new 12 inch public waterline on the north side of the development and extended southerly, shall be required per Water Division Standards. h. A new 12 inch public waterline on the south of the development approximately 300 feet in length tying into the new 12 inch waterline on the west side of the development and the existing 12 inch waterline on the south side of the development, that serves the property from Edinger Avenue, shall be required per Water Division Standards, 18. Full frontage infrastructure improvements shall be designed, including, but not limited to, curb _ and gutter, sidewalk, street_lighting�raised medians new__traffic signals, traffic signal interconnect systems, signing and striping, drainage improvements and handicapped access ramps. All work shall be in full conformance with the approved traffic impact analysis, the Edinger Corridor Specific Plan and Precise Plan of Street Alignment, current City Standards, 1. 1 Item 14. - 35 HB -178- Page 5 of & Caltrans standards where applicable, and the approved Specific Plan No. 13 for the Bella Terra Mall and associated technical studies. 19. Street Lighting, traffic signals, signing, striping, street improvements, traffic control, landscaping and other infrastructure improvements shall be shown on separate sheets, 24" by 36", and shall conform to City of Huntington Beach standards. Plans shall be submitted for review and final approval by Public Works. 20. Drive aisle spacing and proposed drive through aisles dimensions shall be supported by an approved traffic queuing study to insure that waiting vehicles do not block adjacent aisles. 21. Traffic Control Plans, prepared by a Licensed Civil or Traffic Engineer, prepared per the City's guidelines (signed and stamped), shall be submitted to Public Works and Caltrans for review and approval, for work within City's right-of-way. 22. Final Design hydrology and hydraulic studies for both on -site and off -site facilities shall be prepared and submitted for Public Works review and approval. The hydrologic and hydraulic analysis shall include, but not be limited to facilities sizing, limits of attenuation, downstream impacts and other related design features. Runoff shall be limited to pre-1986 Q's, which must be established in the hydrology study. if the analyses shows that the City's current drainage system cannot meet the volume needs of the project runoff, the developer shall be required to attenuate site runoff to an amount not to exceed the 25-year storm as determined using pre-1986 design criteria. As an option, the developer may choose to explore low -flow design alternatives, downstream attenuation or detention, or upgrade the City's storm water system to accommodate the impacts of the new development, at no cost to the City (Mitigation Measure). 23. The Hydrology and Hydraulics Study for the City approved Site Development and Drainage Plan shall reduce peak runoff rates to the existing conditions 25-year storm event peak runoff rate; the design capacity of the City storm drainage channels (Mitigation Measure). a. Prior to receiving a precise grading permit, the project Applicant shall: i) Prepare a Site Development and Drainage Plan ii) Prepare an existing and proposed project Hydrology and Hydraulics Study based on the Site Development and Drainage Plan. The existing hydrology shall include an evaluation of run-on to the project site because of spillage from the Bella Terra Mall drainage system. iii) Implement stormwater detention BMPs, based on the Hydrology and Hydraulics Study, for all storm events up to the 100-year storm event, to ensure that peak flow rates from the project site to the off -site storm drain system do not exceed the existing 25-year storm event peak flow rate. iv) Analyze existing street flow capacity to determine exceedance of any design criteria and guidelines from the City's MPD. v) Additionally, stormwater detention BMPs shall be implemented such that areas draining to the existing piped storm drain systems do not exceed existing peak flow rates for the 10 and 25-year storm events and that peak flows to local - streets do not exceed MPD and City design guidelines. vi) In accordance with the MPD, streets must be designed to leave at least one - lane free of ponded water in each direction for conveyance of the 10-year storm event, must be contained within the curbs for the 25-year storm event, cannot HB -179- Item 14. - 36 Page 6 of 8 exceed 0.2 foot above the street curbs for the 50-year storm event, and cannot exceed 0.5 foot above the street curbs for the 100-year storm event. vii) The internal storm drain system must be adequate to detain sufficient stormwater runoff such that the street flow requirements of Center Street or Edinger Avenue are not exceeded. viii) Surface ponding or sump areas on the site will be limited to a maximum depth of 8-inches, and shall be distributed to areas away from building pads, and remote areas of parking lots. ix) Surface ponding or sump areas shall not exceed 1/3 of the proposed parking area in surface area. If there are proposed underground parking structures, they shall not be used for retention or storage, unless approved by the Director of Public Works. x) Stormwater retention areas shall be analyzed for back to back 24-hour, 100- year storm events per the requirements of the Orange County Flood Control Manual. A) The final Hydrology and Hydraulics Study shall identify and evaluate the routing through the project site in relation to the new buildings, landscaping, utilities, and others. Sufficient detention, provided to mitigate constrained capacities in the Bella Terra Mall drainage system, shall be implemented for run-on from north of the Montgomery Ward site onto the project site. xii) The final Hydrology and Hydraulics Study shall incorporate all NPDES requirements in effect at the time that the precise grading permit is anticipated to be issued or when the study is accepted as complete. xiii) Precise final grading and street improvement plans and studies shall be submitted to the Public Works Department for review and approval. The project developer shall incorporate into a final Drainage Plan all recommendations and requirements identified the review of the final Hydrology and Hydraulics Study and identified stormwater detention requirements/features. Fallowing grading, excavation, and installation of utilities, the Public Works Department shalt inspect the project site and verify that project site drainage is in accordance with the Final Drainage Plan and that required detention/storm drain system improvements have been implemented. 24. Plans and studies shall be submitted to the City Engineer for approval and the project developer shall incorporate into a Final Drainage Plan, all recommendations and requirements identified by the City Engineer, based on their review of the final Hydrology and Hydraulics Study and identified stormwater detention requirements/features (Mitigation Measure). 25. Non-residential structures, including utilities and sanitary facilities must be elevated or floodproofed to below the flood depth and capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy as required by Chapter 222 of the City of Huntington Beach Zoning and Subdivision Ordinance (Mitigation Measure). 26. A portion of the project is designated on the Federal Emergency Management Agency __..(FEMA) Flood_ Insurance Rate Map as a Special Flood Hazard_ Area (SFHA) "A" zone,..and .is therefore subject to flooding during a 100 year storm event. The design elevations for this project will be 2-feet or higher above the Base Flood Elevation derived from the project drainage study, or the best available design studies accepted by the City of Huntington Beach. Should additional flood proofing be required, the developer shall conform to all Item 14. - 37 HB _lSO_ Page 7 of 8 Federal, State and City requirements for flood -proofing the buildings against the 100-year storm event. 27. City of Huntington Beach -approved Water Quality Management Plan shall be prepared by a Licensed Civil Engineer in accordance with the California Regional Water Quality Control Board, Santa Ana Region, Order No. R8 2009-0030, NPDES No. CAS618030 Waste Discharge Requirements, including any recent updates, and Orange County DAMP requirements for a Project WQMP and measures as described below. A preliminary WQMP shall be prepared to accompany the submittal of the approved Site Plan. A final WQMP shall be prepared to satisfy the requirements of the DAMP and City LIP, and shall conform to the Permit Requirements Section XII, "New Development," and associated subsections of Order No. R8-2009-0030. The final WQMP shall incorporate water quality BMPs and LTD's for all improved phases of the proposed project. Prior to receiving a precise grading permit, three signed copies and an electronic copy on CD (.pdf or .doc format) shall be submitted to the Public Works Department. The final WQMP shall include the following additional requirements: a. Infiltration -type BMPs shall not be used. b. Wet swales and grassed channels shall not be used because of the slow infiltration rates of project site soils and potentially shallow depth to groundwater. G. Dry and wet detention basins and constructed wetlands are not recommended for the project site. d. If proprietary Structural Treatment Control devices are used, they shall be sited and designed also in compliance with the manufacturers design criteria. e. Treatment BMPs shall be selected such that standing water drains within 24 hours or as required by the City s vector control. Excess stormwater runoff shall bypass the treatment BMPs unless they are designed to handle the flow rate or volume from a 100-year storm event without reducing effectiveness. g. Effectiveness of any treatment BMP for removing the pollutants of concern shall be documented. h. The WQMP shall incorporate water efficient landscaping using drought tolerant, native plants in accordance with Landscape and Irrigation Plans as set forth by the Association (see below). i. Building materials shall minimize exposure of bare metals to stormwater. Copper or Zinc roofing materials, including downspouts, shall not be used. Bare metal surfaces shall be painted with non -lead containing paint. j. Proprietary stormwater treatment systems maintenance shall be in accordance with the manufacturer's recommendations. If a non-proprietary treatment system is used, maintenance shall be in accordance with standard practices as identified in the CASQA (2009) handbook, City BMP guidelines or The Village at Bella Terra Mitigation Monitoring and Reporting or other City -accepted guidance. k. Reporting requirements: the Association, shall prepare an annual report and submit the annual report to the City of Huntington Beach documenting the BMPs operations and maintenance conducted that year. The annual report shall also address the potential system deficiencies and corrective actions taken or planned. xB -181- Item 14. - 3 8 Page 8 of 8 Where applicable and subject to the review and approval of the City Engineer, use of porous concrete or asphalt (if acceptable to the Geotechnical Engineer) or other pervious pavement for driveways, paths, sidewalks, and courtyards/open space areas to the maximum extent is encouraged. THE FOLLOWING CONDITIONS ARE REQUIRED TO BE COMPLIED TO DURING DEMOLITION, GRADING AND SITE DEVELOPMENT: 28. The applicant shall ensure that disturbed material and unsuitable natural soils such as peat deposits encountered immediately below the fill should be excavated and replaced as properly compacted fill. All required additional fill should be properly compacted, subject to the approval of the Public Works Director (Mitigation Measure). 29. The applicant shall ensure that the excavated soils be allowed to dry prior to placement as compacted fill, and that the soils at the bottom of the excavations also be allowed to dry as necessary prior to placement of compacted fill. As an alternative to drying the exposed natural soils at the bottoms of the required excavations, the exposed soils shall be over - excavated and replaced with 1 to 1 %Z feet of 1 '% inch crushed rock to provide a base for the compaction of the required backfill. Compliance with this mitigation shall be subject to the approval of the Public Works Director (Mitigation Measure). 30. If during demolition, grading and/or construction any soil and/or groundwater contamination are found or suspected on -site, construction in the area shall cease, appropriate Health and Safety procedures shall be implemented, and appropriate agencies shall be notified. Any hazardous substances contained on the site shall be identified and removed in compliance with City, State, and Federal standards (Mitigation Measure). THE FOLLOWING CONDITIONS ARE REQUIRED TO BE COMPLETED PRIOR TO ISSUANCE OF A BUILDING PERMIT: 31. The developer shall submit a completed FEMA Elevation Certificate signed by a registered Civil Engineering certifying compliance with all Federal, State and City flood protection requirements. 32. Final design elevations of grading shall not vary from elevations shown on the approved Site Plans (preliminary grading plans) by more than one (1) foot. THE FOLLOWING CONDITIONS ARE REQUIRED TO BE COMPLETED PRIOR TO FINAL OCCUPANCY OF THE FIRST RESIDENTIAL UNIT OR RETAIL BUILDING: 33. The medians in Edinger shall be inspected, approved and deemed complete by the City of Huntington Beach which includes; replaced soil, irrigation systems, perimeter roottmoisture barriers, colored and stamped concrete, plant material and all required utilities. The medians shall be maintained for a period of 15 months total after installation is deemed complete. 34. The park, fountains, pools, enriched paving and all auxiliary decorative structures, artwork, landscape plantings and irrigation systems indicated as a part of the residential and retail project shall be completed. Item 14. - 3 9 xB -1 s2-